Skip to Content
December 21, 2024 Clear | 19°F
The 193rd General Court of the Commonwealth of Massachusetts

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2005 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, 2004, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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

SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions and other services, and for certain permanent improvements and to meet certain requirements of law, the sums set forth in sections 2, 2B, 2D and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D and 3, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof for the fiscal year ending June 30, 2005. All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons. All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the Constitution of the Commonwealth and section 6D of chapter 29 of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June 30, 2005 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 12 of chapter 7A of the General Laws. The quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section.

FY2005 Revenue By Source and Budgetary Fund

(in millions)

Source

All Funds

General

MBTA

Highway

Other

Alcoholic Beverages

70.2

70.2

-

-

-

Cigarette

415.6

344.6

-

-

71.0

Corporations

1,067.0

1,067.0

-

-

-

Deeds

150.0

150.0

-

-

-

Estate/Inheritance

184.0

184.0

-

-

-

Financial Institutions

254.9

254.9

-

-

-

Income

8,572.3

8,572.3

-

-

-

Insurance

410.0

410.0

-

-

-

Motor Fuels

702.1

101.2

-

600.0

0.9

Public Utilities

54.9

54.9

-

-

-

Room Occupancy

92.1

59.9

-

-

32.2

Sales & Use: Regular

2,647.6

2,093.8

553.8

-

-

Sales & Use: Meals

531.1

531.1

-

-

-

Sales & Use: Motor Vehicles

623.8

493.3

130.5

-

-

Miscellaneous

4.3

4.3

-

-

-

Unemployment Insurance Surcharges

21.0

-

-

-

21.0

Gross Consensus Revenue Forecast

15,801.1

14,391.6

684.3

600.0

125.2

Transfers off budget:

MBTA

(684.3)

-

(684.3)

-

-

Pensions

(1,217.0)

(1,217.0)

-

-

-

Net Consensus Forecast (Joint Tax Number)

13,899.8

13,174.6

-

600.0

125.2

Tax Adjustments after Consensus Forecast:

Closure of Tax Loopholes

89.0

89.0

-

-

-

Enhanced Auditing (item 1201-0130)

65.5

65.5

-

-

-

Lottery Prize Assignment

12.7

12.7

Total Taxes

14,067.0

13,341.8

-

600.0

125.2

School Building Assistance Transfer Off Budget

(395.7)

(395.7)

-

-

-

Lottery Prize Assignment to Stabilization Fund

-

(12.7)

-

-

12.7

Net Taxes for Budget

13,671.2

12,933.4

-

600.0

137.9

Federal Reimbursements

5,029.2

4,685.9

-

3.6

339.7

Departmental Revenues

1,850.2

1,396.7

-

435.5

18.0

Transfers & Other Receipts

1,449.5

2,135.7

-

(74.1)

(612.1)

Total for Budget

22,000.0

21,151.6

-

965.0

(116.6)


SECTION 1B. The comptroller shall keep a distinct account of actual receipts of non-tax revenues by each department, board, commission or institution to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein and to include a full statement comparing such receipts with projected receipts in the annual report for such fiscal year pursuant to section 12 of chapter 7A of the General Laws. The quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section.

Non-Tax Revenue: Executive Office Summary

Revenue Source Unrestricted Restricted Total
Non-Tax Non-Tax Non-Tax
Judiciary $66,906,492.00 $35,750,000.00 $102,656,492.00
District Attorneys ($1.00) $0.00 ($1.00)
Office of the Governor $0.00 $0.00 $0.00
Office of the Secretary of State $204,521,552.00 $105,000.00 $204,626,552.00
Office of the State Treasurer $649,223,073.00 $665,031,181.00 $1,314,254,254.00
State Auditor's Office $100.00 $0.00 $100.00
Office of the Attorney General $7,886,965.00 $0.00 $7,886,965.00
Ethics Commission $38,500.00 $0.00 $38,500.00
Office of the Inspector General $0.00 $493,819.00 $493,819.00
Campaign & Political Finance $28,500.00 $0.00 $28,500.00
Office of the State Comptroller $142,528,874.00 $25,000.00 $142,553,874.00
Executive Office: Administration & Finance $547,008,668.00 $34,989,484.00 $581,998,152.00
Office of the State Comptroller $4,000,000.00 $0.00 $4,000,000.00
Executive Office: Environmental Affairs $80,471,089.00 $8,896,116.00 $89,367,205.00
Executive Office: Human Services $4,766,904,104.00 $408,590,767.00 $5,175,494,871.00
Executive Office: Transportation $9,313,868.00 $27,344.00 $9,341,212.00
Board of Library Commissioners $0.00 $0.00 $0.00
Labor, Education and Development $231,522,045.00 $3,066,593.00 $234,588,638.00
Executive Office of Public Safety $469,467,646.00 $54,513,809.00 $523,981,455.00
Office of the Secretary of State $0.00 $150,000.00 $150,000.00
Executive Office of Elder Affairs $28,044,746.00 $0.00 $28,044,746.00
Legislature $0.00 $0.00 $0.00
Taxes $13,580,536,130.00 $0.00 $13,580,536,130.00
Totals: $20,788,402,351.00 $1,211,639,113.00 $22,000,041,464.00

Non-Tax Revenue: Executive Office by Department Summary

Executive Office:
Northern District
Attorney
$0.00 $0.00 $0.00
Northwestern District
Attorney
$0.00 $0.00 $0.00
Eastern District
Attorney
$0.00 $0.00 $0.00
Middle District
Attorney
$0.00 $0.00 $0.00
Hampden District
Attorney
$0.00 $0.00 $0.00
Totals: $0.00 Totals: $0.00 Totals: $0.00
Office of the
Governor
Office of the
Governor
$0.00 $0.00 $0.00
Totals: $0.00 Totals: $0.00 Totals: $0.00
Office of the
Secretary of State
Secretary of State $204,521,552.00 $105,000.00 $204,626,552.00
Totals: $204,521,552.00 Totals: $105,000.00 Totals: $204,626,552.00
Office of the
State Treasurer
Treasurer's Office $247,492,014.00 $0.00 $247,492,014.00
State Lottery
Commission
$393,370,854.00 $665,031,181.00 $1,058,402,035.00
Mass Cultural
Council
$8,360,205.00 $0.00 $8,360,205.00
Totals: $649,223,073.00 Totals: $665,031,181.00 Totals: $1,314,254,254.00
State Auditor's
Office
State Auditor's
Office
$100.00 $0.00 $100.00
Totals: $100.00 Totals: $0.00 Totals: $100.00
Office of the
Attorney General
Attorney General $7,886,965.00 $0.00 $7,886,965.00
Victim Witness
Assistance
$0.00 $0.00 $0.00
Totals: $7,886,965.00 Totals: $0.00 Totals: $7,886,965.00
Ethics Commission
Ethics Commission $38,500.00 $0.00 $38,500.00
Totals: $38,500.00 Totals: $0.00 Totals: $38,500.00
Office of the
Inspector General
Inspector General $0.00 $493,819.00 $493,819.00
Totals: $0.00 Totals: $493,819.00 Totals: $493,819.00
Campaign
Political Finance
Campaign
Political Finance
$28,500.00 $0.00 $28,500.00
Totals: $28,500.00 Totals: $0.00 Totals: $28,500.00
Office of the
State Comptroller
Comptroller's
Office
$140,874,736.00 $0.00 $140,874,736.00
Comptroller's
Office
$965,143.00 $0.00 $965,143.00
Comptroller's
Office
$688,995.00 $25,000.00 $713,995.00
Totals: $142,528,874.00 Totals: $25,000.00 Totals: $142,553,874.00
Executive Office:
Administration
Finance
Veterans Affairs $168,361.00 $300,000.00 $468,361.00
Civil Service
Commission
$4,875.00 $0.00 $4,875.00
Secretary of
Administration;
Finance
$0.00 $0.00 $0.00
Secretary of
Administration
Finance
$2,376,083.00 $436,381.00 $2,812,464.00
Comptroller's Office $4,000,000.00 $0.00 $4,000,000.00
Division of Fiscal
Affairs - Fringe
Recovery
$67,791,029.00 $0.00 $67,791,029.00
Fingold Library $700.00 $0.00 $700.00
Office of Dispute
Resolution
$0.00 $0.00 $0.00
DCAMM $32,572,244.00 $12,554,322.00 $45,126,566.00
Group Insurance
Commission
$170,394,152.00 $0.00 $170,394,152.00
Division of
Administrative
Law Appeals
$84,613.00 $0.00 $84,613.00
Civil Service
Commission
$21,000.00 $0.00 $21,000.00
M.C.A.D. $0.00 $2,495,482.00 $2,495,482.00
Dept of Revenue $270,860,299.00 $16,187,280.00 $287,047,579.00
Appellate Tax
Board
$1,534,523.00 $300,000.00 $1,834,523.00
Human Resources
Division
$55,000.00 $1,490,615.00 $1,545,615.00
Division of
Operational
Services
$1,027,888.00 $778,000.00 $1,805,888.00
BSOB $112,901.00 $0.00 $112,901.00
Division of
Information
Technology
$5,000.00 $447,404.00 $452,404.00
Totals: $551,008,668.00 Totals: $34,989,484.00 Totals: $585,998,152.00
Executive Office:
Environmental
Affairs
Secretary of
Environmental
Affairs
$1,479,850.00 $775,000.00 $2,254,850.00
Dept of
Conservation
and Recreation
$6,064,301.00 $3,703,218.00 $9,767,519.00
Dept of
Environmental
Protection
$47,818,035.00 $1,200,000.00 $49,018,035.00
Fish/Wildlife
Environmental
Law
Enforcement
$12,687,456.00 $167,898.00 $12,855,354.00
Dept of
Conservation
and Recreation
$4,871,066.00 $3,050,000.00 $7,921,066.00
Dept of
Conservation
and Recreation
$4,168,830.00 $0.00 $4,168,830.00
Dept of Food
Agriculture
$3,381,551.00 $0.00 $3,381,551.00
Totals: $80,471,089.00 Totals: $8,896,116.00 Totals: $89,367,205.00
Executive Office:
Human Services
Secretary of
Human Services
$3,246,667,935.00 $334,500,000.00 $3,581,167,935.00
Division of
Health Care
Finance
and Policy
$12,498,208.00 $0.00 $12,498,208.00
Mass
Commission
for the Blind
$3,102,400.00 $0.00 $3,102,400.00
Mass
Rehabilitation
Commission
$3,210,000.00 $2,000,000.00 $5,210,000.00
Mass
Commission
for the Deaf
$164,000.00 $175,000.00 $339,000.00
Office of Child
Care Services
$198,717,041.00 $0.00 $198,717,041.00
Chelsea
Soldiers' Home
$10,625,000.00 $207,000.00 $10,832,000.00
Holyoke
Soldiers' Home
$10,695,685.00 $967,000.00 $11,662,685.00
Dept of
Youth Services
$5,513,711.00 $0.00 $5,513,711.00
Dept of
Transitional
Assistance
$406,375,128.00 $3,000,000.00 $409,375,128.00
Dept of
Public Health
$78,963,510.00 $59,816,767.00 $138,780,277.00
Dept of
Public Health
$0.00 $0.00 $0.00
Dept of
Social Services
$262,704,143.00 $3,000,000.00 $265,704,143.00
Dept of
Youth Services
$0.00 $200,000.00 $200,000.00
Dept of
Mental Health
$99,488,083.00 $4,625,000.00 $104,113,083.00
Dept of
Mental Retardation
$428,179,260.00 $100,000.00 $428,279,260.00
Totals: $4,766,904,104.00 Totals: $408,590,767.00 Totals: $5,175,494,871.00
Transportation
Secretary of
Transportation
$670,736.00 $27,344.00 $698,080.00
Mass Aeronautics
Commission
$390,545.00 $0.00 $390,545.00
Mass Highway $8,252,587.00 $0.00 $8,252,587.00
Totals: $9,313,868.00 Totals: $27,344.00 Totals: $9,341,212.00
Board of Library
Commissioners
Board of Library
Commissioners
$0.00 $0.00 $0.00
Totals: $0.00 Totals: $0.00 Totals: $0.00
Labor, Education
and Development
Office of Director
of Labor
$1,541,623.00 $152,850.00 $1,694,473.00
Dept of Industrial
Accidents
$19,343,740.00 $0.00 $19,343,740.00
Labor Relations
Commission
$250.00 $0.00 $250.00
Board of
Concilliation
Arbitration
$84,210.00 $0.00 $84,210.00
Office of
Communities
and Development
$1,551,500.00 $1,500,000.00 $3,051,500.00
Director of
Consumer Affairs
and Business Reg.
$0.00 $0.00 $0.00
Secretary of
Economic Affiars
$5,200.00 $0.00 $5,200.00
Division of
Banks
$15,238,294.00 $0.00 $15,238,294.00
Division of
Insurance
$58,354,418.00 $0.00 $58,354,418.00
Division of
Registration
$10,788,071.00 $0.00 $10,788,071.00
Division of
Standards
$1,282,900.00 $808,900.00 $2,091,800.00
Dept of
Public Utilities
$15,598,946.00 $75,000.00 $15,673,946.00
Alcohol
Beverages
Control
Commission
$3,385,590.00 $0.00 $3,385,590.00
State Racing
Commission
$4,946,179.00 $0.00 $4,946,179.00
Division of
Energy Resources
$701,081.00 $0.00 $701,081.00
Department
of Education
$9,821,943.00 $0.00 $9,821,943.00
Higher Education $32,491,762.00 $529,843.00 $33,021,605.00
University
of Massachusetts
$56,386,339.00 $0.00 $56,386,339.00
Totals: $231,522,046.00 Totals: $3,066,593.00 Totals: $234,588,639.00
Executive Office
of Public Safety
Secretary
of Public Safety
$1,000.00 $11,228,980.00 $11,229,980.00
Chief Medical
Examiner
$0.00 $1,000,000.00 $1,000,000.00
Criminal History
Systems Board
$9,800,000.00 $185,000.00 $9,985,000.00
Dept of
State Police
$1,007,000.00 $17,250,329.00 $18,257,329.00
Criminal Justice
Training Council
$0.00 $1,161,500.00 $1,161,500.00
Dept of Public
Safety
$17,387,434.00 $930,000.00 $18,317,434.00
Dept of Fire
Services
$114,624.00 $0.00 $114,624.00
Registry of
Motor Vehicles
$427,676,200.00 $10,000,000.00 $437,676,200.00
Merit Rating
Board
$24,000.00 $0.00 $24,000.00
Sex Offender
Registry Board
$1,000.00 $750,000.00 $751,000.00
Military Division $1,600.00 $400,000.00 $401,600.00
Emergency
Management
Agency
$748,684.00 $0.00 $748,684.00
Dept of
Corrections
$10,523,080.00 $5,600,000.00 $16,123,080.00
Sheriff's
Department
Franklin
$340,500.00 $1,400,000.00 $1,740,500.00
Sheriff's
Department
Berkshire
$26,000.00 $0.00 $26,000.00
Sheriff's
Department
Berkshire
$0.00 $0.00 $0.00
Sheriff's
Department
Berkshire
$0.00 $150,000.00 $150,000.00
Sheriff's
Department
Essex
$832,687.00 $2,000,000.00 $2,832,687.00

Sheriff's
Department
Hampden

$418,287.00 $920,000.00 $1,338,287.00

Sheriff's
Department
Middlesex

$182,000.00 $925,000.00 $1,107,000.00
Sheriff's
Department
Hampshire
$188,750.00 $163,000.00 $351,750.00
Sheriff's
Department
Worcester
$184,800.00 $0.00 $184,800.00
Parole Board $10,000.00 $600,000.00 $610,000.00
Sheriff's
Department
Association
$0.00 $0.00 $0.00
Totals: $469,467,646.00 Totals: $54,663,809.00 Totals: $524,131,455.00
Executive
Office
of Elder Affairs
Secretary of
Elder Affairs
$28,044,746.00 $0.00 $28,044,746.00
Totals: $28,044,746.00 Totals: $0.00 Totals: $28,044,746.00
Legislature
House of
Representatives
$0.00 $0.00 $0.00
Joint Legislative $0.00 $0.00 $0.00
Senate $0.00 $0.00 $0.00
Totals: $0.00 Totals: $0.00 Totals: $0.00
Taxes
Taxation $13,580,536,130.00 $0.00 $13,580,536,130.00
Totals: $13,580,536,130.00 Totals: $0.00 Totals: $13,580,536,130.00
Total Tax and Non-Tax Revenue $20,788,402,353.00 $1,211,639,113.00 $22,000,041,466.00

SECTION 2.

JUDICIARY.

Supreme Judicial Court.

0320-0003
For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices
... $6,405,521

0320-0010
For the operation of the clerk's office of the supreme judicial court for Suffolk County ................ $1,028,857

0321-0001
For the operation of the commission on judicial conduct ............................................................. $478,153

0321-0100
For the services of the board of bar examiners ........................................................................... $1,044,803

Committee for Public Counsel Services.

0321-1500
For the operation of the committee for public counsel services as authorized by chapter
211D of the General Laws; provided that the committee shall submit a report to the clerks of the house of representatives and senate, not later than January 31, 2005 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 of 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; and (h) the feasibility of the implementation of a flat rate compensation system based on the type of case $16,030,080

0321-1505
For additional costs of the public defender division, including the costs of hiring new public defender attorney positions and the establishment of an additional SDP office; provided, that no funds from this appropriation shall support existing costs associated with line item 0321-1500; provided further, that said positions shall be assigned to existing committee for public counsel services offices in Springfield, Lowell, Worcester, Salem, New Bedford and Brockton; provided further, that said committee shall submit a report to the house and senate committees on ways and means not later than January 31, 2005 on the efficiencies gained from the additional resources provided in this item; provided further, that said report shall include, but not be limited to the following: (1) the number of assignment of counsel that this appropriation has shifted from private bar advocates to the public defender division since the effective date of this act, (2) the savings the commonwealth has realized from this appropriation since the effective date of this act, and (3) number of public defender positions filled and the location of the SDP office ....................................................................................................................... $646,189

0321-1510
For compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section6 of chapter211D of the General Laws, pursuant to section12 of said chapter211D; provided, that not more than $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2005; 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 2004 .................................................................................................................................................. $67,404,445

0321-1518
The chief counsel for the committee for public services may expend an amount not to exceed $750,000 from revenues collected from fees charged for attorney representation of indigent clients; provided however, that said revenues credited to this account shall only be those revenues in excess of the amounts for the fees collected in fiscal year 2004 as calculated on a monthly basis in addition to revenues generated pursuant to the Middlesex Indigency Verification Pilot Program $750,000

0321-1520
For fees and costs as defined in section 27A of chapter261 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 section27A of said chapter261; provided, that not more than $500,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2005 ............................................................. $6,428,967

0321-1600
For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that notwithstanding section 9 of chapter221A of the General Laws, $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 the corporation shall submit a report to the house and senate committees on ways and means not later than January 30, 2005 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; and (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; and provided further, that the corporation may contract with any organization for the purpose of providing the representation ........................................................ $7,564,142

0321-2000
For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, as provided in section 34E of chapter 221 of the General Laws ..................................................... $501,085

0321-2100
For the Massachusetts correctional legal services committee ....................................................... $500,000

The Governor reduced the following item by $504,671
The Legislature overrode the Governor's veto.
0321-2205
For the expenses of the social law library located in Suffolk county ............................................. $1,704,671

Appeals Court.

0322-0100
For the appeals court, including the salaries, traveling allowances and expenses of the chief justice, recall judges and the associate justices, prior appropriation continued ......................................................................... $9,036,340

Trial Court.

0330-0101
For the salaries of the justices of the superior court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer $8,585,047

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 $17,597,934

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 $5,643,572

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 ................. $681,384

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 ................. $2,598,593

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 $1,132,492

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 $4,628,579

The Governor reduced the following item by $4,000,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.

0330-0300
For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreement, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rental and leases, operation of courthouse facilities, witness fees, printing expenses, equipment maintenance and repairs, court interpreter program, and insurance and chargeback costs; provided, that funds may be expended for the judicial training institute; provided further, that the amount of increased compensation to certified private counsel appointed by the committee for public counsel services ordered by any court under Supreme Judicial Court Rule 3.10, section 5, shall be paid from this item; provided further, that 50 per cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that notwithstanding section 9A of chapter30, or any general or special law to the contrary, the rights afforded to a veteran, pursuant to said section9A of said chapter30, 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 chapter31, other than an elective office, an appointive office for a fixed term or an office or position under section7 of chapter30, and who (1) has held the office or position for not less than 1 year and (2) has 30 years of total creditable service to the commonwealth, as defined in chapter32; provided further, that not less than $100,000 shall be expended for the implementation of a changing lives through literature program; provided further, that not less than $100,000 shall be expended from this item for a contract with Massachusetts General Hospital for a research program on abused children; provided further, that the chief justice for administration and management of the trial court shall make a report to the general court relative to the annual cost of maintaining the court system's electronic equipment and systems and identify means to reduce the costs; provided further, that the report shall include, but not be limited to the following:an analysis of current equipment maintenance service contracts, a review of alternative equipment maintenance programs which, if implemented, would result in cost savings, better management of the equipment repair process, and enhanced equipment protection; provided further that in preparing said report the chief justice for administration and management may utilize the services of appropriate third parties knowledgeable in equipment service contracts; provided further, that the chief justice for administration and management shall file said report with the house and senate committees on ways and means on or before October 1, 2004; provided further, that notwithstanding any general or special law or regulation to the contrary, the chief justice of administration and management of the trial court, in consultation with the state secretary, shall, not later than October 31, 2004, issue a request for purchase through the competitive bidding process for the provision of public records storage, except those records that receive federal reimbursement, for all state agencies within the jurisdiction of the trial court in order to achieve cost savings including, but not limited to, those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. The chief justice shall, in consultation with the state secretary, report, not later than March 31, 2005, a plan to improve public records storage and office space efficiencies to the joint committee on state administration and to the house and senate committees on ways and means; 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 section8 of chapter258B 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 14, 2005; provided further, that notwithstanding any general or special law to the contrary, the chief justice for administration and management shall not transfer any criminal or civil cases from the third district court of Essex at Ipswich prior to June 30, 2005; provided further, that said chief justice shall submit a report to the house and senate chairmen of the joint committee on the judiciary not later than October 1, 2004 detailing a plan to provide for the closure of the third district court of Essex at Ipswich; and provided further, that said report shall include, but not be limited to, transfer of personnel, reallocation of resources, the impact on other district courts resulting from the closure of said court, and other factors that may affect implementation of said closure ................................................................................................... $103,671,838

0330-0317
For the operation and expenses of the Massachusetts sentencing commission, pursuant to chapter 211E of the General Laws ........................................................................................................................................ $232,756

0330-0410
For alternative dispute resolution services for the trial court; provided, that 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 $50,000 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 $50,000 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 $50,000 shall be expended for the Cape Cod Dispute Resolution Center; provided further, that not less than $50,000 shall be expended for the Community Dispute Settlement Center, Inc., of Cambridge; provided further, that not less than $29,558 shall be expended for Berkshire Mediation Services inc.; provided further, that not less than $48,031 shall be expended for the Somerville Mediation Program; provided further, that not less than $48,032 shall be expended for the Middlesex Multi-door Court House Program; and provided further that not less than $30,000 shall be expended for the Martha's Vineyard Mediation Program ................................................................................................................... $800,000

0330-0441
For permanency mediation services in the probate and juvenile courts ......................................... $476,598

0330-2200
For the rental of county court facilities, in accordance with section4 of chapter29A of the General Laws; provided, that all county facilities shall be reimbursed at 100 per cent from this item in fiscal year 2005 .................. $9,068,874

The following item has been reduced by the Governor by 1,600,000.
0330-3200
For the court security program, including personnel and expenses; provided, that the chief justice for administration and management shall submit a report to the house and senate committees on ways and means not later than January 31, 2005, detailing the number of court officers and security personnel located in each trial court of the commonwealth $49,967,224

0330-3333
The chief justice for administration and management may expend an amount not to exceed $17,000,000 from fees charged and collected pursuant to section3 of chapter90C, chapter185, section22 of chapter218 and sections 2, 4A, 4C, 39 and 40 of chapter262 of the General Laws; provided, that said chief justice shall only expend or allocate funds from this item to the seven departments of the trial court for the operation of said departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days prior to said expenditures or allocations; provided further, that the only revenue available for expenditure in this item for fiscal year 2005 shall be revenue collected from said fees in excess of the amount collected and deposited into the General Fund in fiscal year 2003 from said fees; provided further, that no such allocation shall occur until said schedules have been approved by said committees; provided further, that said fees shall continue to be transmitted to the treasurer for deposit into the General Fund prior to the expenditure authorized by this item; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, said chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of one half of this authorization or the most recent revenue estimate therefor as reported in the state accounting system ........................................................................................................ $17,000,000

0330-3334
The chief justice for administration and management may expend an amount not to exceed $18,000,000 from fees charged and collected pursuant to section 87A of chapter276 of the General Laws; provided, that said chief justice shall only expend or allocate funds from this item to the district court and Boston Municipal Court departments of the trial court for the operation of said departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days prior to said expenditures or allocations; provided however, that said chief justice shall allocate or expend said funds authorized herein in a manner that accounts for the individual district court's compliance with section13 of chapter300 of the acts of 2002; and provided further, that said fees shall continue to be transmitted to the treasurer for deposit into the General Fund prior to the expenditure authorized by this item ............................................................................................. $18,000,000

Superior Court Department.

0331-0100
For the administrative office of the superior court department ..................................................... $6,015,097

0331-0300
For medical malpractice tribunals established in accordance with the provisions of section60B of chapter231 of the General Laws ............................................................................................................................ $59,323

0331-2100
For the Barnstable superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................. $689,500

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 ............................................. $194,011

0331-2300
For the Bristol superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................. $826,697

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 ................................................. $154,522

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 ................................................. $1,393,927

0331-2600
For the Franklin superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................. $288,556

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 ............................................. $1,240,186

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 ............................................. $298,680

0331-2900
For the Middlesex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................. $3,111,751

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 ............................................. $130,215

0331-3100
For the Norfolk superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................. $1,142,317

The Governor reduced the following item by $1,600,000
The Legislature overrode the Governor's veto.
0331-3200
For the Plymouth superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................. $1,047,213 $48,367,224

0331-3300
For the Suffolk superior civil court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................. $2,863,194

0331-3400
For the Suffolk superior criminal court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ........................ $1,868,410

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

0331-3404
For an education and community outreach pilot program to be administered in the Suffolk superior criminal court $178,902

0331-3500
For the Worcester superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................. $1,030,766

District Court Department.

0332-0100
For the administrative office of the district court department, including a civil conciliation program $834,311

0332-1100
For the first district court of Barnstable ...................................................................................... $518,876

0332-1200
For the second district court of Barnstable at Orleans ................................................................. $372,891

0332-1203
For the third district court of Barnstable at Falmouth .................................................................. $372,553

0332-1300
For the district court of northern Berkshire at Adams, North Adams and Williamstown ............... $242,317

0332-1400
For the district court of central Berkshire at Pittsfield .................................................................. $408,035

0332-1500
For the district court of southern Berkshire at Great Barrington and Lee ..................................... $225,680

0332-1600
For the first district court of Bristol at Taunton ............................................................................ $686,816

0332-1700
For the second district court of Bristol at Fall River .................................................................... $851,953

0332-1800
For the third district court of Bristol at New Bedford .................................................................. $920,113

0332-1900
For the fourth district court of Bristol at Attleboro ...................................................................... $567,610

0332-2000
For the district court of Edgartown ............................................................................................ $164,337

0332-2100
For the first district court of Essex at Salem ................................................................................ $679,564

0332-2300
For the third district court of Essex at Ipswich ............................................................................ $192,474

0332-2400
For the central district court of northern Essex at Haverhill .......................................................... $578,348

0332-2500
For the district court of eastern Essex at Gloucester ................................................................... $290,243

0332-2600
For the district court of Lawrence .............................................................................................. $1,064,825

0332-2700
For the district court of southern Essex at Lynn .......................................................................... $784,170

0332-2800
For the district court of Newburyport ........................................................................................ $477,982

0332-2900
For the district court of Peabody ............................................................................................... $488,182

0332-3000
For the district court of Greenfield ............................................................................................. $332,497

0332-3100
For the district court of Orange .................................................................................................. $273,267

0332-3200
For the district court of Chicopee .............................................................................................. $378,616

0332-3300
For the district court of Holyoke ................................................................................................ $426,162

0332-3400
For the district court of eastern Hampden at Palmer ................................................................... $293,203

0332-3500
For the district court of Springfield ............................................................................................. $1,659,121

0332-3600
For the district court of western Hampden at Westfield .............................................................. $279,891

0332-3700
For the district court of Hampshire at Northampton .................................................................... $601,866

0332-3800
For the district court of eastern Hampshire at Ware .................................................................... $161,045

0332-3900
For the district court of Lowell ................................................................................................... $1,172,204

0332-4000
For the district court of Somerville ............................................................................................. $917,648

0332-4100
For the district court of Newton ................................................................................................. $356,301

0332-4200
For the district court of Marlborough ......................................................................................... $288,668

0332-4300
For the district court of Natick ................................................................................................... $407,025

0332-4400
For the first district court of eastern Middlesex at Malden ........................................................... $558,598

0332-4500
For the second district court of eastern Middlesex at Waltham ................................................... $474,443

0332-4600
For the third district court of eastern Middlesex at Cambridge .................................................... $1,189,409

0332-4700
For the fourth district court of eastern Middlesex at Woburn ...................................................... $656,440

0332-4800
For the first district court of northern Middlesex at Ayer ............................................................. $358,348

0332-4900
For the first district court of southern Middlesex at Framingham .................................................. $752,631

0332-5000
For the district court of central Middlesex at Concord ................................................................ $378,254

0332-5100
For the district court of Nantucket ............................................................................................. $117,003

0332-5200
For the district court of northern Norfolk at Dedham....................................................................$539,364

0332-5300
For the district court of East Norfolk at Quincy .......................................................................... $1,522,349

0332-5400
For the district court of western Norfolk at Wrentham ................................................................ $453,890

0332-5500
For the district court of southern Norfolk at Stoughton ............................................................... $587,885

0332-5600
For the municipal court of Brookline .......................................................................................... $335,715

0332-5700
For the district court of Brockton ............................................................................................... $1,083,112

0332-5800
For the second district court of Plymouth at Hingham ................................................................... $615,709

0332-5900
For the third district court of Plymouth at Plymouth ....................................................................... $764,724

0332-6000
For the fourth district court of Plymouth at Wareham .................................................................... $644,612

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 ............................... $781,820

0332-6900
For the central district court of Worcester .................................................................................. $1,491,891

0332-7000
For the district court of Fitchburg ............................................................................................... $488,456

0332-7100
For the district court of Leominster ............................................................................................ $384,268

0332-7200
For the district court of Winchendon .......................................................................................... $134,005

0332-7300
For the first district court of northern Worcester at Gardner ........................................................ $341,821

0332-7400
For the first district court of eastern Worcester at Westborough ................................................. $388,224

0332-7500
For the second district court of eastern Worcester at Clinton ...................................................... $250,087

0332-7600
For the district court of southern Worcester at Dudley ................................................................ $461,990

0332-7700
For the second district court of southern Worcester at Uxbridge ................................................. $307,603

0332-7800
For the third district court of southern Worcester at Milford ....................................................... $294,137

0332-7900
For the district court of western Worcester at East Brookfield .................................................... $307,403

Probate and Family Court Department.

0333-0002
For the administrative office of the probate and family court department; provided, that the case manager shall meet monthly with the department of social services and shall report quarterly to the house and senate committees on ways and means on the backlog of cases in the probate court and the parties' progress made in such backlog each month..........................................................................................................$1,289,406

0333-0100
For the Barnstable probate court ............................................................................................... $967,517

0333-0150
For the operation of a child and parents program in the Barnstable probate court ........................ $79,495

0333-0200
For the Berkshire probate court ................................................................................................. $508,244

0333-0300
For the Bristol probate court ..................................................................................................... $1,596,935

0333-0400
For the Dukes probate court ..................................................................................................... $120,603

0333-0500
For the Essex probate court ...................................................................................................... $1,286,932

0333-0600
For the Franklin probate court ................................................................................................... $512,347

0333-0700
For the Hampden probate court ................................................................................................ $1,911,173

0333-0711
For the operation of the Berkshire, Franklin, Hampden and Hampshire family court clinic to be administratively located in the city of Springfield and to serve the Berkshire, Franklin, Hampden and Hampshire divisions of the probate court $39,748

0333-0800
For the Hampshire probate court ............................................................................................... $636,139

0333-0900
For the Middlesex probate court ............................................................................................... $3,330,136

0333-0911
For the Middlesex probate court family services clinic ................................................................ $193,762

0333-1000
For the Nantucket probate court ............................................................................................... $173,104

0333-1100
For the Norfolk probate court ................................................................................................... $1,494,054

0333-1111
For the Norfolk probate court family services clinic........................................................................$139,772

0333-1200
For the Plymouth probate court ................................................................................................. $1,340,027

0333-1300
For the Suffolk probate court .................................................................................................... $2,208,559

The Governor disapproved this section:
The Legislature overrode the Governor's veto:
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 ............................................................................................................................ $189,041

0333-1400
For the Worcester probate court ............................................................................................... $1,658,651

0333-1411
For the Worcester probate court family services clinic ................................................................ $169,362

Land Court Department.

0334-0001
For the operation of the land court ............................................................................................. $2,350,474

Boston Municipal Court Department.

The Governor reduced the following item by $1,000,000
0335-0001
For the central division of the Boston municipal court department including the administrative costs of said court department .................................................................................................................................................. $3,185,464

0335-0100
For the Brighton division of the Boston municipal court department ............................................. $326,154

0335-0200
For the Charlestown division of the Boston municipal court department ...................................... $232,655

0335-0300
For the Dorchester division of the Boston municipal court department ......................................... $1,149,514

0335-0400
For the East Boston division of the Boston municipal court department ....................................... $582,745

0335-0500
For the Roxbury division of the Boston municipal court department ............................................ $1,116,770

0335-0600
For the South Boston division of the Boston municipal court department ..................................... $407,439

0335-0700
For the West Roxbury division of the Boston municipal court department ................................... $733,061

Housing Court Department.

0336-0002
For the administrative office of the housing court department ...................................................... $94,546

0336-0100
For the Boston housing court ..................................................................................................... $855,210

0336-0200
For the western division of the housing court .............................................................................. $634,164

0336-0300
For the Worcester county housing court ..................................................................................... $636,784

0336-0400
For the southeastern division of the housing court ....................................................................... $1,113,400

0336-0500
For the northeastern division of the housing court ....................................................................... $596,525

Juvenile Court Department.

0337-0002
For the administrative office of the juvenile court department ...................................................... $886,387

0337-0100
For the Suffolk county juvenile courts ........................................................................................ $1,241,045

0337-0200
For the Bristol juvenile court ...................................................................................................... $1,239,671

0337-0300
For the Hampden county juvenile courts; provided further that $145,841 shall be expended for the CASA program in the Springfield Juvenile Court .......................................................................................................... $1,288,096

0337-0400
For the Worcester county juvenile courts; provided further that $72,920 shall be expended for the CASA program in the Worcester Juvenile Court .......................................................................................................... $1,075,642

0337-0500
For the Barnstable county juvenile court; including the Barnstable county juvenile court located in the town of Plymouth $732,193

0337-0600
For the Essex county juvenile courts; provided further that $91,150 shall be expended for the CASA program in the Lawrence Juvenile Court ........................................................................................................... $1,047,472

0337-0700
For the Hampshire and Franklin counties juvenile courts; provided further that $77,478 shall be expended for the Franklin/Hampshire CASA Program, including Northampton Greenfield, Orange and Ware District Courts $681,095

0337-0800
For the Plymouth county juvenile courts; provided further that $72,920 shall be expended for the CASA program in the Plymouth County Juvenile Court ................................................................................................ $784,881

0337-0900
For the Berkshire county juvenile courts; provided further that $54,690 shall be expended for a Berkshire CASA program in the Berkshire county Juvenile Court ........................................................................................... $495,804

0337-1000
For the Middlesex county juvenile courts ................................................................................... $1,096,081

0337-1100
For the Norfolk county juvenile courts ....................................................................................... $910,264

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; 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; provided further, that notwithstanding the provisions of any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that said office shall enter into an interagency service agreement with the department of revenue to verify income data and to utilize the departments wage reporting and bank match system for the purpose of weekly tape-matching, so-called, for the purposes of determining an individual's eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that said office shall submit quarterly reports to the house and senate committees on ways and means detailing the progress of eligibility verification with said department; and provided further, that said report shall include, but not limited to, the number of individuals to be found misrepresenting assets, revenue generated through collection of indigent client fees, the average indigent client fee that each court division collects per case since the effective date of this act, recommendations on improvements in verifying eligibility for counsel and other pertinent information to ascertain the effectiveness of verification ........................................................................................................ $114,890,795

0339-1003
For the operation of the trial court office of community corrections, including the costs of personnel................$4,049,087

0339-1004
For the cost of intensive supervision and community corrections programs; provided, that the programs shall include, but not be limited to, tracking, community service, educational assistance, drug and alcohol testing and treatment, curfew enforcement, home confinement, day reporting, means-tested fines, restitution, and community incapacitation or restraint; provided further, that the number of placements in the programs shall not exceed a daily average goal of 5,000 intensively-supervised probationers; provided further, that funds from this item shall be expended to cover the costs of the programs that are undertaken and administered by court probation offices and county sheriffs' offices; provided further, that said funds shall be expended for the purpose of providing said programs in Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year 2005; provided further, that the executive director of the office of community corrections of the trial court shall enter into interagency service agreements and memoranda of understanding with the probation offices and sheriffs' offices for the provision of said programs, including the contracting for detention space for probationers arrested for violating probation and awaiting court action and detention space for probationers who have been ordered by the trial court to be supervised at a higher level of restraint; provided further, that said agreements and memoranda shall be entered into at the direction of the executive director; provided further, that the executive director shall submit a spending and management plan for the programs to the house and senate committees on ways and means not later than January 30, 2005; and provided further, that the plan shall include the projected number of probationers to be served by each program and include a description of the oversight and services provided to the probationers .............................................................. $12,109,135

Office of the Jury Commissioner.

0339-2100
For the office of the jury commissioner in accordance with chapter234A of the General Laws ... $1,990,901

Suffolk District Attorney.

0340-0100
For the Suffolk district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the domestic violence unit and the children's advocacy center; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that not more than $125,000 shall be expended for a North Dorchester safe neighborhood initiative, in Suffolk county; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that not more than $125,000 shall be expended for a safe neighborhood initiative, in Suffolk county; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 .................... $13,630,699

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, 2005 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ............................................................................. $10,656,975

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, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ......................................................................................... $6,458,625

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, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that $75,000 may be expended for financial criminal investigations; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 .................................................................................................................................................. $6,877,075

0340-0410
For the analyses of narcotic drug synthetic substitutes, poisons, drugs, medicines and chemicals at the University of Massachusetts medical school in order to support the law enforcement efforts of the district attorneys, the state police and municipal police departments ..................................................................................................... $450,000

Hampden District Attorney.

0340-0500
For the Hampden district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ......................................................................................... $6,355,055

Hampshire/Franklin District Attorney.

0340-0600
For the Hampshire/Franklin district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that not less than $150,000 shall be expended for the salaries and expenses of a children's advocacy project ..................................... $4,182,722

Norfolk District Attorney.

0340-0700
For the Norfolk district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ............................................................................. $6,936,479

Plymouth District Attorney.

0340-0800
For the Plymouth district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided, 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 the special assistant; provided further, that the special assistant shall practice only in those jurisdictions participating in said interagency service agreement; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; 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 ...........................................................$5,747,214

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, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ......................................................................................... $5,938,983

Cape and Islands District Attorney.

0340-1000
For the Cape and Islands district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that $125,000 shall be expended to support the sex offender management unit pursuant to the provisions in this act; provided further, that 2 prosecutors and administrative support shall be provided to the Cape Cod offender management task force; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item ; and provided further, that $20,000 shall be expended for the Cape and Islands child advocacy center .......................................................... $3,025,129

Berkshire District Attorney.

0340-1100
For the Berkshire district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2005 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2004 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ......................................................................................... $2,804,526

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 2005 appropriation to the Massachusetts District Attorneys' Association in order to alleviate the cost of the case management and tracking system as well as the cost of data lines associated with the district attorney's computer network; provided further, that each district attorney shall submit a report to the Massachusetts District Attorneys' Association and the house and senate committees on ways and means delineating all funds expended for the purpose of implementing the case management and tracking system not later than January 30, 2005; 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 2005 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 said association shall submit a report to the house and senate committees on ways and means not later than January 31, 2005 detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2004, and the amount of each source of revenue ............................................................................... $1,506,600

0340-2101
For the overtime costs of state police officers assigned to the district attorneys; provided, that costs associated with those officers shall not 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 thepurpose of this item to exceed the amount appropriated herein .................................................................................... $3,379,377

General Fund ............................................................................................................... 11.80%
Highway Fund ............................................................................................................. 88.20%

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 and the governor's council; provided, that the amount appropriated in this item may be used at the discretion of the governor for the payment of extraordinary expenses not otherwise provided for and for transfer to appropriation accounts where the amounts otherwise available may be insufficient; provided further, that not more than $205,161 shall be spent on the governor's commission on mental retardation; and provided further, that the advisory council on Alzheimer's disease and related disorders, as established in the office of the governor by section 379 of chapter 194 of the acts of 1998, and section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2005 .................................................................................................................................................. $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; provided further, that said office shall submit said report not later than January 31, 2005 to the house and senate committees on ways and means; and provided further, that the secretary may transfer funds between items 0540-0900, 0540-1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800, 0540-1900, 0540-2000, 0540-2100 pursuant to an allocation schedule filed with the house and senate committees on ways and means not less than 30 days prior to any such transfer ................................................................................................................... $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; provided, that the secretary may retain and expend revenues collected from such sales, licensure or user agreements in an amount not to exceed $75,000 for technical activities of the corporations division the remainder to be deposited in the General Fund; provided further, that the secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications; and provided further, that the department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the department ............................................... $75,000

0511-0200
For the operation of the state archives division ........................................................................... $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 the registration and education activities may be conducted by community-based voter registration and education organizations; and provided further, that the secretary shall submit a report to the house and senate committees on ways and means not later than January 31, 2005 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 .................................................................................... $5,134,177

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, 2005; 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, 2005 ................................................................................................................................... $5,652,971

0524-0000
For providing information to voters ............................................................................................ $1,355,744

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 ............................... $798,927

0540-1000
For the registry of deeds located in Salem in the former county of Essex ..................................... $2,517,256

0540-1100
For the registry of deeds in the former county of Franklin ........................................................... $519,220

0540-1200
For the registry of deeds in the former county of Hampden ......................................................... $2,083,646

0540-1300
For the registry of deeds in the former county of Hampshire ....................................................... $539,618

0540-1400
For the registry of deeds located in Lowell in the former county of Middlesex ............................. $1,242,667

0540-1500
For the registry of deeds located in Cambridge in the former county of Middlesex ....................... $3,376,004

0540-1600
For the registry of deeds located in Adams in the former county of Berkshire .............................. $290,775

0540-1700
For the registry of deeds located in Pittsfield in the former county of Berkshire ............................ $470,614

0540-1800
For the registry of deeds located in Great Barrington in the former county of Berkshire ............... $220,802

0540-1900
For the registry of deeds in the former county of Suffolk ............................................................. $2,063,774

0540-2000
For the registry of deeds located in Fitchburg in the former county of Worcester ......................... $513,269

0540-2100
For the registry of deeds located in the city of Worcester in the former county of Worcester ....... $1,964,631

TREASURER AND RECEIVER-GENERAL.

Office of the Treasurer and Receiver General.

0610-0000
For the office of the treasurer and receiver-general; provided, that the treasurer shall provide computer services required by the teachers' retirement board; provided further, that to the extent that bank fees exceed the amount appropriated in item 0610-0100, the treasurer may, subject to an allocation plan filed in advance with the house and senate committees on ways and means, transfer from this item to said item 0610-0100, an amount sufficient to ensure full payment of the bank fees; provided further, that not less than $37,000 shall be granted to the elder advocacy organization known as the Silver-Haired Legislature; provided further, that the treasurer's office shall submit a report to the victim and witness assistance board which details the amount of assessments transmitted to the treasurer during the previous calendar year on a monthly basis from the courts, the registrar of motor vehicles and the sheriff or superintendent of any correctional facility pursuant to section8 of chapter258B; provided further, that the report shall be submitted to the board on or before January 31, 2005; and provided further, that the treasurer's office shall pay half of the administrative costs of the municipal finance oversight board from this item ............................................................................................................................ $7,091,378

General Fund ................................................................................................................. 90.0%
Highway Fund ............................................................................................................... 10.0%

The Governor reduced the following item by $1,326,478
0610-0050
For the administration of the alcoholic beverages control commission in its efforts to regulate and control the conduct and condition of traffic in alcoholic beverages; provided, that said commission shall maintain at least one chief investigator and other investigators for the purpose of regulating and controlling the traffic of alcoholic beverages; provided further, that said commission is authorized and directed to work and cooperate with the Alcohol, Tobacco, and Firearms division of the United States Department of Justice and other relevant federal agencies to assist in its efforts to regulate and control the traffic of alcoholic beverages; provided further, that not less than $60,000 be provided for an additional investigator for Western Massachusetts region; and provided further, that said commission is directed to seek out matching federal dollars and to apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages ................................................................................................................................. $1,826,478

0610-0100
For the payment of bank fees; provided, that the treasurer may transfer funds from this item to item 0610-0000 for one-time, non-recurring expenditures upon certification to the secretary of administration and finance that the remaining balance in this account will be sufficient to make all necessary expenditures ....................................................... $3,600,000

General Fund ................................................................................................................. 90.0%
Highway Fund ............................................................................................................... 10.0%

The Governor disapproved this section.
The Legislature overrode the Governor's veto.
0610-0140
For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the Commonwealth's General and Stabilization Fund investments ..................................................... $150,000

0610-1500
For tuition payments as required by section 12B of chapter 76 of the General Laws, notwithstanding chapter 12B of said chapter 76.

0611-1000
For bonus payments to war veterans .......................................................................................... $50,000

0611-5500
For additional assistance to cities and towns to be distributed according to section 3 and for assistance to certain public entities of the commonwealth which have constructed water pollution abatement facilities; provided, that the distribution to the public entities shall equal $1,249,948; and provided further, that if there is a conflict between the provisions of the distribution set forth in section 3 and any other provisions of this act, the distribution set forth in section 3 shall control ........................................................... $379,767,936

0611-5510
For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter58 of the General Laws ................................................................................................ $12,500,000

0611-5800
For distribution to each city and town within which racing meetings are conducted pursuant to section18D of chapter58 of the General Laws ...................................................................................................................... $2,500,000

Pension Benefits.

0612-0105
For payment of the public safety employee killed in the line of duty benefit authorized by section100A of chapter
32 of the General Laws ............................................................................................................................ $500,000

Commission on Firefighters' Relief.

0620-0000
For financial assistance to injured firefighters .............................................................................. $9,808

Lottery Commission.

0640-0000
For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that positions funded by this item shall not be subject to chapters 30 and 31 of the General Laws; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund ................................................................$67,072,388

0640-0001
For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less .................................................................................$3,653,019

0640-0005
For the costs associated with the continued implementation of the game of keno; provided, that any sums expended on promotional activities shall be limited to point of sale promotions and agent newsletters; provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund .....................................................................$1,233,347

0640-0010
For the promotional activities associated with the state lottery program; provided, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ..............................................$10,000,000

The Governor disapproved this section.
The Legislature overrode the Governor's veto.
0640-0013
For costs to establish, develop, implement and promote a lottery anti-litter program; provided, that said lottery may develop regional environmental awareness events to limit the number of discarded instant tickets that become litter; provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ................................ $100,000

0640-0096
For the purpose of the commonwealth's fiscal year 2005 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; 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 ................................................... $288,782

Massachusetts Cultural Council.

0640-0300
For the services and operations of the council, including grants to or contracts with public and non-public entities; provided, that notwithstanding any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections 52 to 58, inclusive, of chapter10 of the General Laws in amounts and at times as the council may determine pursuant to section54 of said chapter10; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund; provided further, that any funds expended from this item for the benefit of schoolchildren shall be expended for the benefit of all Massachusetts schoolchildren and on the same terms and conditions; provided further, that the council shall not expend funds from this item for any grant or contract recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; provided further, that not more than $1,000,000 of the funds appropriated herein shall be used to assist cultural organizations in augmenting or initiating endowments to promote the financial stability of the organizations and the assistance shall be in the form of challenge grants to the organizations; provided further, that in order to receive a grant a cultural organization shall raise an amount at least equal to the amount of the grant for the organization's endowment; provided further, that funds provided by the grants shall, in perpetuity, be used solely to provide free or reduced rate public programs or services to citizens of the commonwealth; provided further, that a grant made under this program shall not exceed $100,000; and provided further, that a person employed under this item shall be considered an employee within the meaning of section1 of chapter150E of the General Laws and shall be placed in the appropriate bargaining unit ........................................................................................................................... $6,603,354

0640-0350
For the purposes of cultural resources pursuant to section36 of chapter69 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; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund ...................................................................................... $743,520

0640-0351
For the John and Abigail Adams Arts Program, as established herein, to promote innovations in the arts and humanities within the commonwealth through the disbursement of cultural economic development grants including grants for cultural activities that have the capacity to revitalize communities, stimulate income, create or enhance jobs, and attract tourism; provided, that said funds shall be administered by the Massachusetts cultural council; provided further, that the mission of grant applicants may include demonstrated scholarship or creativity in, or distinguished service to, the arts and humanities; provided, that grants may focus on seed funding for early stage planning or implementation, creation of enduring partnerships among cultural and non-cultural organizations, defined community needs or opportunities, and creation of innovative and sustainable development models that can be replicated throughout and beyond the commonwealth; provided further, that eligible applicants shall include, but not be limited to, not-for-profit organizations and public sector entities; provided further, that collaborating partners may also include private, for-profit organizations, educational institutions and state or federal agencies; provided further, that grants shall not exceed $100,000 and shall be leveraged by not less than $1 for each $1 granted; provided further, that preference shall be given to an applicant with multiple funding sources that can demonstrate project viability, community support and potential for long-term sustainability; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund .....................................................................$1,000,000

Debt Service.

0699-0015
For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth, previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that payments of certain serial bonds maturing previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary, the state treasurer may make payments pursuant to section38C of chapter29 of the General Laws from this item and item 0699-9100; provided further, that the payments shall pertain to the bonds, notes, or other obligations authorized to be paid from each item; provided further, that notwithstanding any general or special law to the contrary, the comptroller may transfer the amounts that would otherwise be unexpended on June 30, 2005, from item 0699-0015 to item 0699-9100 or from item 0699-9100 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2005; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; provided further, that payments on bonds issued pursuant to section2O of chapter29 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 ....................................................................... $1,568,573,000

General Fund ............................................................................................................... 68.07%
Highway Fund ............................................................................................................. 31.93%

0699-2004
For the payment of interest, discount and principal on certain indebtedness which may be incurred for financing the central artery/third harbor tunnel funding shortfall ................................................................................... $76,264,000

Highway Fund ............................................................................................................. 100.0%

0699-9100
For the payment of interest and issuance costs on bonds and bond and revenue anticipation notes and other notes pursuant to sections 47 and 49B of chapter29 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, 2005 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 section10B of chapter11 of the acts of 1997 an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section9 of said chapter11 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 chapter23G of the General Laws .......................................................................................................... $13,281,468

STATE AUDITOR.

Office of the State Auditor.

0710-0000
For the office of the state auditor, including the review and monitoring of privatization contracts in accordance with sections 52 to 55, inclusive, of chapter7 of the General Laws and shared oversight of the central artery/third harbor tunnel project; provided, that a report shall be submitted to the house and senate committees on ways and means not later than December 1, 2004 delineating the privatization contracts reviewed and monitored during fiscal year 2004; provided further, that the report shall further detail the number of full-time equivalent positions assigned by the office for the review of each of the privatization contracts; provided further, that not less than $57,250 shall be expended for the position of executive director of the central artery/third harbor tunnel project oversight coordination commission, as established in section2B of chapter205 of the acts of 1996, such that the position may continue to provide administrative and investigative functions to the commission in a manner that is consistent with the said section2B; provided further, that the auditor's office shall pay half of the administrative costs of the municipal finance oversight board from this item; and provided further, that the auditor shall conduct audits of the Chelsea soldiers home, the Holyoke soldiers home, and the New England Shelter for homeless veterans, and the results of the audits shall be reported to the house and senate committees on ways and means not later than March 1, 2005 .......................................................................................................................... $14,437,500

0710-0100
For the operation of the division of local mandates ..................................................................... $585,103

0710-0200
For the operation of the bureau of special investigations; provided, that the department shall file quarterly reports with the house and senate committees on ways and means detailing the total amount of fraudulently obtained benefits identified by the bureau of special investigations of the office of the state auditor, the total value of settlement restitution payments, actual monthly collections, and any circumstances that produce shortfalls in collections .......................... $1,600,000

ATTORNEY GENERAL.

Office of the Attorney General.

0810-0000
For the office of the attorney general, including the administration of the local consumer aid fund, the operation of the anti-trust division, all regional offices, a high-tech crime unit and the victim and witness compensation program; provided, that the victim and witness compensation program shall be administered in accordance with chapters 258B and 258C of the General Laws; provided further, that the attorney general shall submit to the general court and the secretary 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; provided further, that funds may be expended for the commission on uniform state laws; and provided further that $100,000 shall be expended for the Ella J. Baker House and the Tieng Xanh-Voice Program ...................................................................... $20,951,774

0810-0004
For compensation to victims of violent crimes; provided, that notwithstanding the provisions of chapter258C 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 chapter258C 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 section5 of chapter258B of the General Laws..................................................................$2,156,000

0810-0006
For the increase in rental costs and unavoidable space rental lease obligations associated with the move of certain divisions of the office of the attorney general to the Leverett Saltonstall building in fiscal year 2005 ............ $2,414,150

0810-0007
For the overtime costs of state police officers assigned to the attorney general; provided, that costs associated with those officers shall not be funded from item 8100-0007; and provided further, that expenditures shall not be made on or after the effective date of this act which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated in this item ............................................................................................................ $486,517

Highway Fund ............................................................................................................. 88.20%
General Fund ............................................................................................................... 11.80%

0810-0014
For the operation of the department of telecommunications and energy proceedings unit, pursuant to section
11E of chapter 12 of the General Laws; provided, that notwithstanding any general or special law to the contrary, the amount assessed to the unit shall be equal to the amount expended from this item ...................................................... $1,390,301

0810-0017
For the expenses related to judicial proceedings relevant to the fuel charge pursuant to section 94G of chapter 164 of the General Laws and such other proceedings as may be reasonably related to the section; provided, that the assessment levied for such expense shall be credited to the General Fund ............................................................... $73,500

0810-0021
For the operation of the Medicaid fraud control unit; provided, that the federal reimbursement for any expenditure from this item shall not be less than 75 per cent of the expenditure; provided further, that not less than $225,000 shall continue to be used specifically for the investigation and prosecution of abuse, neglect, mistreatment and misappropriation based on referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide training for all investigators of the department's division of health care quality responsible for the investigations on a periodic basis pursuant to a comprehensive training program to be developed by the division and the unit; and provided further, that training shall include instruction on techniques for improving the efficiency and quality of investigations of abuse, neglect, mistreatment and misappropriation pursuant to said section 72H of said chapter 111................................................ $2,566,248

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 any general or special law to the contrary, a non-management position funded by this item shall be considered a job title in a collective bargaining unit as prescribed by the labor relations commission and shall be subject to chapter 150E of the General Laws ............................................................................ $3,005,711

0810-0201
For the costs incurred in administrative or judicial proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this item may be used to supplement the automobile insurance fraud unit and the workers' compensation fraud unit of the office of the attorney general; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for the costs shall be equal to the amount expended from this item ............................................................................................................. $1,376,948

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 .............................................. $280,1640810-0399
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 $278,771; 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 ...............................................$278,771

Victim Witness Assistance Board.

0840-0100
For the operation of the Massachusetts office for victim assistance; provided, that the office shall submit a comprehensive report compiled from the information required of and submitted to the office by the trial court, the registry of motor vehicles and the state treasurer relative to the collection of assessments for the previous calendar year under section 8 of chapter 258B of the General Laws; and provided further, that the report shall be submitted to the house and senate committees on ways and means on or before February 15, 2005 ...................................................................... $380,007

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, 2005 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

OFFICE OF THE INSPECTOR GENERAL.

0910-0200
For the operation of the office of the inspector general ................................................................ $2,201,1500910-0210
The office of the inspector general may expend revenues collected up to a maximum of $493,819 from the fees charged to participants in the Massachusetts public purchasing official certification program and the certified public manager program for the operation of such programs; provided, that for the purpose of accommodating discrepancies between the receipts of retained revenues and related expenditures, the office of the inspector general may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ........................................................................................................ $493,819

OFFICE OF CAMPAIGN AND POLITICAL FINANCE.

0920-0300
For the operation of the office of campaign and political finance .................................................. $998,178

OFFICE OF THE STATE COMPTROLLER.

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
1000-0001
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, 2005 in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of the audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the office of the comptroller shall charge not more than a total of $750,000 to other items of appropriation for the cost of the audit; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be retained and expended from a separate item without further appropriation, in addition to state funds appropriated to this item, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary for administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues and revenues collected; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller shall deduct an amount of $1,000 from any item of appropriation in section 2 of this act in which a reporting requirement is stipulated within said item and which report is not filed within 10 days of the stated due date; provided further, that any and all amounts deducted shall be deposited in the General Fund and the comptroller shall notify the house and senate committees on ways and means of any and all amounts so deducted; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided further, that 60 days prior to entering into any interdepartmental service agreements the comptroller shall notify the house and senate committees on ways and means; provided further, that said notification shall include, but not be limited to, a description of the project, the purpose and intent of the interdepartmental service agreement, a projection of the costs avoided in the current fiscal year, a copy of the contract with the private vendor including the proposed rate of compensation and any previous agreements related or similar to the new agreement with the above information; provided further, that payments to private vendors on account of such cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the purpose of this section; 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

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 the office shall provide the training, offer sessions to vendors who do business with the commonwealth and establish and charge a reasonable fee for the training .................................... $25,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary.

The Governor reduced the following item by $250,000 and disapproved certain wording.
1100-1100
For the office of the secretary and the administration of the fiscal affairs division; provided, that the secretary shall conduct an ongoing review of affirmative action steps taken by the various agencies, boards, departments, commissions or divisions to determine whether such agencies, boards, departments, commissions or divisions are complying with the commonwealth's policies of non-discrimination and equal opportunity; provided further, that whenever non-compliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the Massachusetts commission against discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or non-compliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on commerce and labor on or before December 1, 2004; provided further, that not less than $250,000 shall be expended on the state office of minority and women business assistance to support monitoring and enforcement of minority business enterprise and women business enterprise activity on state assisted building projects; provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements; provided further, that notwithstanding any general or special law or regulation to the contrary, the secretary for administration and finance, in consultation with the state secretary, shall, not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage, except those records that receive federal reimbursement, for all state agencies within the jurisdiction of the governor in order to achieve cost savings including, but not limited to, those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel; and provided further, that the secretary, in consultation with the state secretary, shall report, not later than March 31, 2005, a plan to improve public records storage and office space efficiencies to the joint committee on state administration and to the house and senate committees on ways and means ... $3,297,608 $3,047,608

Office of Dispute Resolution.

1100-1103
For the operation of the office of dispute resolution; provided, that said office may enter into an intergovernmental service agreement with the University of Massachusetts at Boston; provided further, that said agreement may transfer the functions of the office to the Boston campus; provided further, that said agreement shall apply to items 1100-1103, 1100-1104, 1100-1108 and 1100-1117; and provided further, that the office shall submit a report that details the status of the transition of the office to the University of Massachusetts at Boston to the house and senate committees on ways and means not later than January 1, 2005 ................................................................................................................. $97,588

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

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; 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

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
1102-3206
For the costs associated with the maintenance and security of surplus state properties; provided, that the division shall submit quarterly reports that detail the hire date, salary, and job title of every employee at the division and the amount associated with each bond authorization; provided further, the division shall submit a report that details every employee at the division including the hire date, salary, and job title for fiscal years 2002, 2003, 2004 and 2005 to the house and senate committees on ways and means on or before January 11, 2005; provided further, that the commissioner of the division of capital asset management and maintenance shall convey a certain parcel of land with the building thereon, located at 291 Summer Street, Lowell and recorded with the North District Registry of Deeds, Book 1491, Page 170, to the current occupant of said premises; provided further, that the commissioner of the division of capital asset management and maintenance shall complete study number SDE 0301ST1 regarding the site location of the proposed regional holding facility in Essex county by July 31, 2004; and provided further, that the division of capital asset management and maintenance and the Massachusetts highway department shall close and secure the rest stop area on Route 2 west in the town of Harvard ...... $359,208

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; 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

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; 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

1102-3232
For the division of capital asset maintenance and management; provided, that the division may expend an amount not to exceed $300,000 received from application fees charged in conjunction with the certification of contractors and subcontractors pursuant to section 44D of chapter 149 of the General Laws; and provided further, that only expenses, including staffing, incurred to implement and operate the certification program shall be funded from this item ......................... $300,000

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

1102-3233
For a reserve to commence the environmental remediation and any necessary work related to said remediation at the property located in Norfolk, Massachusetts formerly known as the Department of Public Health Pondville Hospital as said property is identified in chapter 519 of the acts of 1980 so as to ensure that any and all contamination and hazardous waste or material is eliminated from said site as required by section 679 of chapter 26 of the acts of 2003; provided, that the commissioner of the division of capital asset management and maintenance shall submit a expenditure plan no later than September 1, 2004 to the house and senate committees on ways and means detailing how funds appropriated herein shall be expended; provided further, that all funds appropriated herein shall be expended solely on environmental remediation directly related to said site; and provided further, that no funds appropriated herein shall be expended for administrative related expenditures .............................................................................................................................. $1,000,000

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

1102-3299
For additional renovations to the third floor of the Cohannet School building in the city of Taunton to ensure that the temporary court facility to be housed in said building will be adequate for the court's business and to ensure said facility will be in full compliance with public health and safety standards ....................................................... $1,500,000

Bureau of State Office Buildings.

1102-3301
For the operation of the bureau and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau ..................................................... $6,432,413

1102-3302
For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings .................................................................................................................................................. $5,128,3421102-3305
For the maintenance and joint operation of the state house under the jurisdiction of the state superintendent of buildings and the joint committee on rules of the house of representatives and the senate; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for any and all materials and services required in the operation of the state house .............................. $500,000

Office on Disability.

1107-2400
For the office on disability .......................................................................................................... $573,469

Disabled Persons Protection Commission.

The Governor disapproved certain wording:
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; 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 ........................................................................ $1,704,742

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; and provided further, the civil service commission shall have the power to assess a fee upon the appointing authority when inappropriate action has occurred .................. $501,454

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 ... $1,984,318

1108-5200
For the commonwealth's share of the group insurance premium and plan costs incurred in fiscal year 2005; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that prior year costs incurred by 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 commonwealth's share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that notwithstanding section 8 of chapter 32A of the General Laws, the commonwealth's share of such premiums for active state employees and their dependents whose salary, as determined by the group insurance commission in consultation with the human resources division and the office of the state comptroller, is between $0 and $34,999 shall be 85 per cent of such premiums and rates; provided further, that the commonwealth's share of such premiums for active state employees and their dependents whose salary, as determined by the group insurance commission in consultation with the human resources division and the office of the state comptroller, is $35,000 and greater shall be 80 per cent of such premiums and rates; provided further, that the preceding provisions pursuant to employee contributions shall sunset June 30, 2005 at which time the commonwealth's share of such premiums for active state employees and their dependents shall be 85 per cent; provided further, that the commonwealth's share of such premiums for active state employees and their dependents who are hired after June 30, 2003 shall be 75 per cent of such premiums and rates; provided further, that notwithstanding any general or special law to the contrary, during fiscal year 2005, said commission shall continue to provide health insurance coverage for employees and members of the board of bar examiners, both full-time and part-time, that were employed by said board as of January 1, 2003 consistent with coverage provided to state employees pursuant to this item; provided further, that notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority's per centage share of premiums for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy or policies from one or more insurance companies, or nonprofit hospital, medical, dental or other service corporations, including health maintenance organizations, or by means of a self insurance plan or preferred provider arrangement plan, shall be determined by the authority, or where collective bargaining is authorized through the process of collective bargaining; provided further, that the per centage share of premiums for employees of the authority to whom a collective bargaining agreement is in force, shall be the per centage share which was paid during the month that such collective bargaining agreement first went into effect and shall continue until such time as that agreement expires; and 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 ................................................................................................................ $770,693,026

1108-5350
For elderly governmental retired employee premium payments .................................................... $1,044,704

1108-5400
For the costs of the retired municipal teachers' premiums and the audit of such premiums ............ $50,926,930

1108-5500
For the costs, notwithstanding chapter 32A of the General Laws to the contrary, of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivision, who are not otherwise provided those benefits pursuant to a separate appropriation or the terms of a contract or collective bargaining agreement; provided, that the employees shall pay 15 per cent of the monthly premium established by the commission for the benefits .................................................................................................... $6,236,609

Division of Administrative Law Appeals.

The Governor disapproved certain wording:
1110-1000
For the operation of the division of administrative law appeals established by section 4H of chapter 7 of the General Laws; provided, that said office shall maintain, to the fullest extent practicable, a complete physical and technological separation from any agency, department, board, commission or program whose decisions, determinations or actions may be appealed to it; provided further, that every decision issued by a commissioner or other head of agency, or designee, following the issuance of a recommended decision by an administrative law judge of the division, shall be an agency decision subject to judicial review pursuant to chapter 30A of the General Laws; provided further, that not less than $404,226 shall be expended for the processing and adjudication of department of environmental protection appeals by the administrative law judges, chief administrative law judge, and docket clerk who, on January 1, 2004, were serving in the office of administrative appeals in the executive office of environmental affairs; provided further, that said administrative law judges who, on January 1, 2004, were serving in the office of administrative appeals in the executive office of environmental affairs shall be transferred to the division of administrative law appeals, and shall be assigned, for adjudication by them as administrative magistrates, all pending and newly-filed department of environmental protection appeals; and provided further, that administrative appeals of department of environmental protection decisions shall be filed directly with the division of administrative law appeals ......................................................................................................... $1,045,843

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. ................................................................................................................................. $1,184,048

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, 2001; provided, that on or before November 1, 2004 the commission shall submit to the house and senate committees on ways and means a report on the total number of all currently pending cases and the total number of such cases in the investigation, conciliation, post-probable cause and pre-public hearing and post-hearing stages; provided further, that the commission shall file an update of the report with the committees on or before March 1, 2005; provided further, that the commission shall identify in such reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which the Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means on or before November 1, 2004 the number of cases pending before the commission in which a state agency or state authority is named as a respondent, specifying those cases in which the Massachusetts Bay Transportation Authority is named as a respondent, and the number of the cases in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the commission shall include in such report the total number of new cases filed in fiscal year 2004 and the total number of cases closed by the commission in fiscal year 2004; provided further, that funds made available in this item shall be in addition to funds available in item 1150-5104; provided further, that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the commission shall pursue the highest allowable rate of federal reimbursement ......................................................... $1,434,740

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 2005 and federal reimbursements received for these and other programs in prior years; provided, that notwithstanding any general or special law to the contrary, the commission may also expend revenues generated through the collection of fees and costs so authorized; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $2,467,982 shall be credited to the General Fund .................................................................................. $2,467,982

1150-5116
The Massachusetts commission against discrimination may expend 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
For the operation of the department of revenue, including tax collection administration, audits of certain foreign corporations, and the division of local services; provided, that the department may allocate an amount not to exceed $250,000 to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department shall maintain regional offices in the cities of Hyannis, Springfield, Pittsfield, Fall River, and Worcester; provided further, that the department shall provide to the general court access to the municipal data bank; and provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; and provided further, that seasonal positions funded by this account may not be filled by incumbent for more than 10 months within a 12 month period ...................... $111,470,805

General Fund ......................................................... 95.0%
Highway Fund ......................................................... 5.0%

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
1201-0130
The department of revenue may expend an amount not to exceed $9,640,000 from revenues collected by auditors and for the costs of administering an enhanced audit program, for discovering and identifying persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth, for the costs of obtaining those delinquent returns and collecting those delinquent taxes for a prior fiscal year; provided, that the commissioner may expend funds from this item to support the operational costs of the department funded from item 1201-0100; provided further, that the department of revenue shall conduct an investigation pursuant to the recommendations made by the office of the inspector general in a report dated January 23, 2004 to determine whether any tax credits previously authorized under section 38N of chapter 63 of the General Laws should be recaptured by the commonwealth; provided further, that the department shall file a report with the house and senate committees on ways and means no later than September 1, 2004 on the findings of said investigation; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; provided further, that the commissioner of revenue shall study the potential impacts of the disclosure by the commissioner of a list of all taxpayers, including but not limited to individuals, trusts, partnerships, corporations, 121A corporations and other taxable entities, that are delinquent in the payment of their tax liabilities in an amount greater than $25,000 for a period of 6 months from the time the taxes were assessed; provided further, that the commissioner shall at least annually publish a list of all taxpayers who are delinquent in the payment of any tax liability and shall publish said list on the department's website, with a link to said list clearly situated on the website, and at the same time, may also publish the list in any print media and electronic media of the commissioner's choosing; provided however, that the commissioner shall not publish or post on any list of delinquent taxpayers the name of any taxpayer or person who is accused of being delinquent in the payment of any tax liability until said taxpayer or person has exhausted all appellate action including, but not limited to, appeals before the appellate tax board, any division of the trial court, the commissioner of revenue, any municipality, any other tax collecting authority in the commonwealth or any other possible avenue of appeal; provided further, that said list shall include, at a minimum, information indicating whether the taxpayer is an individual, the name of the taxpayer, if the taxpayer is a business entity; provided further, that the list shall include also the address of the taxpayer, the type of tax for which the taxpayer is delinquent, the year the tax was assessed, and the amount of total tax liability outstanding, including penalties and interest; provided further, that the commissioner shall make the list available for public inspection at the department upon request during the regular business hours; provided further, that the commissioner shall provide the registrar of motor vehicles and the assessors in each city and town with a list of the names and addresses of taxpayers who filed resident income tax returns; provided further, that the purposes of the lists are to identify residents who may have improperly registered their motor vehicles and failed to pay motor vehicle registration fees, state sales and use taxes and local motor vehicle excises; and provided further, that the commissioner shall direct the assessors to provide to all real property owners a notice inserted with each tax bill describing section 3 of chapter 90 of the General Laws ............................................................................. $9,640,000

The Governor disapproved certain wording:
1201-0160
For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities, and that 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, 2005 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

1201-0164
For the child support enforcement division; provided, that said division may expend revenues in an amount not to exceed $6,547,280 from the federal reimbursements awarded for personnel and lower subsidiary related expenditures......................................................$6,547,280

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

1231-1000
For the Commonwealth Sewer Rate Relief Fund established in section 2Z of chapter 29 of the General Laws .................................... $10,000,000

1231-1020
For a program of loans, loan purchases or loan guarantees or interest subsidies to assist homeowners, homeowner associations or condominium associations in complying with revised state environmental code for subsurface disposal of sanitary waste, Title V, so called; provided, that the program shall be in addition to the loan program established pursuant to item 2200-9959 in section 2 of chapter 85 of the acts of 1994; provided further, that the department may contract with third parties, including, but not limited to, commonwealth-based financial institutions to manage said program; provided further, that the department and the third parties shall take all steps necessary to minimize the program's administrative costs; provided further, that the loans, loan purchases or loan guarantees shall be available on the basis of a sliding scale that relates a homeowner's income and assets to the cost of Title V compliance; provided further, that interest subsidies shall be means-tested and may be for zero-interest loans pursuant to income standards developed by the department; and provided further, that the department of revenue shall consult with the department of environmental protection in developing rules, regulations and guidelines for said program, prior appropriation continued.

1232-0100
For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws; prior appropriation continued ................................................. $9,200,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
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, 2005, prior appropriation continued .................................................................................................................................................. $1,500,000

1232-0300
For underground storage tank municipal grants to remove and replace the tanks pursuant to section 2 of chapter 21J of the General Laws and section 37A of chapter 148 of the General Laws .......................................... $489,901

1233-2000
For reimbursing cities and towns for taxes abated pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second E and Thirty-seventh of section 5 of chapter 59 of the General Laws ................................................................................................................................................. $8,400,000

1233-2010
For reimbursing cities and towns for tax abatements granted to certain homeowners over the age of 65 pursuant to clause Fifty-second of section 5 of chapter 59 of the General Laws ..................................................... $9,655

1233-2310
For reimbursing cities and towns for taxes abated pursuant to the clauses Forty-first, Forty-first B and Forty-first C of section 5 of chapter 59 of the General Laws; provided, that the commonwealth shall reimburse each city or town that accepts said clause Forty-first B or clause Forty-first C for additional costs incurred in determining eligibility of applicants under those clauses in an amount not to exceed $2 per exemption granted .................................. $9,890,345

Appellate Tax Board.

1310-1000
For the operation of the appellate tax board; provided, that the board shall schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield, Springfield, Worcester and southeastern Massachusetts; and provided further, that the board shall report to the house and senate committees on ways and means no later than December 1, 2004 on the number of hearings held at each location .................................................................................... $1,723,561

1310-1001
The appellate tax board may expend revenues up to a maximum of $300,000 from fees collected; provided, that in order to accommodate discrepancies between the receipt of retained revenues and related expenditures, the board may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .............................................. $300,000

Department of Veterans Services.

0610-0093
For the purposes of allowing the department of veterans' services to make bonus payments to Persian Gulf war veterans; provided, that 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 ..................................................................................... 100.0%

1410-0010
For the operation of the office of veterans' services; provided, that the office may fund a housing specialist from this item; provided further, that not less than $10,000 shall be expended for the Korean War Veterans committee of Massachusetts for the purpose of maintaining the Massachusetts Korean War Memorial located in the shipyard park of the Charlestown Navy Yard; provided further, that not less than $10,000 shall be expended for the purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in the Green Hill Park in Worcester; and provided further, that the department may expend funds for the Glory 54th Brigade .................................................................................... $1,652,348

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 $228,771 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of Boston; provided further, that not less than $82,757 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not less than $106,102 shall be obligated for a contract with the North Shore Veterans Counseling Center in the city of Beverly; provided further, that not less than $84,879 shall be obligated for a contract with the Veterans Association of Bristol county in the city of Fall River; provided further, that not less than $100,000 shall be obligated for a contract with NamVets of the Cape and Islands in the town of Hyannis; provided further, that not less than $84,879 shall be obligated for a contract with the Outreach Center, Inc., in the city of Pittsfield; provided further, that not less than $292,480 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, that not less than $84,453 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham; provided further, that not less than $15,000 be expended for the oral history project at the Morse Institute Library in Natick; provided further, that not less than $50,000 shall be expended for Veteran's Services to be administered by the Falmouth Veterans Agent through the Falmouth Free Clinic and Community Center; and provided further, that not less than $134,879 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield ........................................................................
$1,264,200

1410-0015
For the women veterans' outreach program ............................................... $40,281

1410-0018
The department may expend for the maintenance and operation of Agawam and Winchendon veterans' cemeteries an amount not to exceed $300,000 from revenue collected from fees, grants, gifts or other contributions to the cemeteries ................................................................. $300,000

1410-0100
For the revenue maximization project of the executive office of elder affairs to identify individuals eligible for veterans' pensions who are currently receiving home health care services ................................................... $98,000

1410-0250
For homelessness services; provided, that not less than $453,966 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 $199,405 shall be obligated for a contract with Unity House located in the city of Gardner; provided further, that not less than $75,000 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 $120,000 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 $200,000 shall be obligated for a contract with the United Veterans of America shelter located in the town of Leeds; and 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 ............................................... $1,812,179

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 ......................... $2,093,735

1410-0300
For the payment of annuities to certain disabled veterans and the parents and unremarried spouses of certain deceased veterans; provided, that such payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall take reasonable steps to terminate payments upon the death of a recipient; provided further, that the department shall prorate annuity payments to ensure that the total payments in fiscal year 2005 shall not exceed the amount appropriated herein; 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; provided further, that the secretary of veterans' services may transfer up to 5 per cent of the amount appropriated herein between this item and item 1410-0400; and provided further, that 30 days before any such transfer is made, the secretary of veterans' services shall file with the secretary for 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 ...................................................................................................................... $11,362,800

The Governor disapproved certain wording:
1410-0400
For reimbursing cities and towns for money paid for veterans' benefits and for payments to certain veterans; provided, that the 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 secretary of veteran services may continue a training program for veterans' agents and directors of veterans' services in cities and towns; provided further, that the purpose of 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 said chapter 115 and alternative resources, including those which are partially or wholly subsidized by the federal government, such as medicaid, Supplemental Security Income and Social Security Disability benefits, as well as federal pension and compensation entitlements; provided further, that the secretary shall promulgate regulations for the training program; provided further, that upon successful participation by 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; provided further, that any person applying for veterans' benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical assistance under said chapter 118E to minimize cost of the commonwealth and its municipalities; provided further, that veterans' agents shall complete applications authorized by the division of medical assistance under said chapter 118E for any veteran, widow and dependent applying for medical assistance under said chapter 115; provided further, that the veterans' agent shall file the application for the veteran or dependent for assistance under said chapter 118E; provided further, that the division of medical assistance shall act on all said chapter 118E applications and advise the applicant and the veterans' agent of the applicant's eligibility for said chapter 118E healthcare; provided further, that the veterans' agent shall advise the applicant of the right to assistance for medical benefits under said chapter 115 pending approval of the application for assistance under said chapter 118E by the division of medical assistance; provided further, that the commissioner may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support; provided further, that payments to or on behalf of a veteran or dependent pursuant to said chapter 115 shall not be considered income for the purposes of determining eligibility under said chapter 118E; provided further, that benefits awarded pursuant to section 6B of said chapter 115 shall be considered countable income; provided further, that the secretary of veterans' services may transfer up to 5 per cent of the amount appropriated herein between this item and item 1410-0300; and provided further, that 30 days before any such transfer is made, the secretary of veterans' services shall file with the secretary for 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 ......................$11,282,800

1410-0630
For the administration of the veterans' cemeteries in the towns of Agawam and Winchendon ....... $859,816

Reserves.

1599-0035
For certain debt service contract assistance to the Massachusetts Convention Center Authority in accordance with section
39 of chapter 190 of the acts of 1982; provided, that the assistance shall be expended notwithstanding section 35J of chapter 10 of the General Laws ................................................................................................ $16,302,000

1599-0042
For a reserve to improve the quality of the commonwealth's child care system by enabling child care providers to better attract and retain quality staff; provided, that payments from this reserve shall be distributed by the office of child care services to increase reimbursement rates for subsidized child care; provided further, that the increases shall be directed to expenditures for salaries, benefits, and stipends for professional development of child care workers; and provided further, that such increases may be allocated to adjust rates of reimbursement paid to each provider by the same per centage across the common wealth ................................................................................................................... $5,000,000

1599-0049
For contract assistance payments to the Foxborough Industrial Development Finance Authority in accordance with section
8 of chapter 16 of the acts of 1999 .............................................................................................. $5,336,488

1599-0050
For Route 3 North contract assistance payments ........................................................................ $26,755,107

1599-0093
For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with sections 6 and 6A of chapter
29C of the General Laws ............................................................. $55,176,893

1599-1970
For a reserve for the Massachusetts turnpike authority for costs incurred in fiscal year 2004 for the operation and maintenance of the central artery/tunnel project pursuant to chapter
235 of the acts of 1998 ....... $25,000,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

1599-1971
For the cost of hired and leased equipment, vehicle repair, and sand, salt, and other control chemicals used for snow and ice control; provided, that the secretary for administration and finance shall submit to the house and senate committees on post audit and oversight, the house and senate committees on transportation and the house and senate committees on ways and means a report on snow and ice control efforts no later than September 1, 2004 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 1998, 1999, 2000, 2001, 2002, 2003 and 2004; (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 1998, 1999, 2000, 2001, 2002, 2003 and 2004; (c) a detailed account of the administrative oversight exercised by either the secretary for administration and finance, the secretary of transportation or the department of highways for snow and ice control efforts, including an explanation of measures taken to verify services provided, audit vendor payment vouchers, or any other measures taken to ensure accountability relative to the expenditure of the state funds for snow and ice control efforts; (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; (e) information on the transponder program that was implemented during fiscal year 2004, including, but not limited to, the number and cost of transponders leased or purchased, costs associated with maintenance and warranties for said transponders, the useful life of said transponders, the number of incidents when transponders failed or malfunctioned, the number of transponders that were damaged, estimated costs of continuing said program, the compliance rate of vendors using transponders, the number of transponders that were damaged or broken, the number of appeals by contractors for transponders that may have failed or malfunctioned, a list of any contractors that were accused of, charged with or prosecuted for fraudulent snow and ice removal claims; and (f) 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; provided further that the study indicates how many salt storage facilities in the commonwealth are in conformance with section 7A of chapter 85 of the General Laws and how many are not; and provided further, that no funds shall be expended or allocated from this item of appropriation until said secretary, the commissioner 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 and said report has been filed with said committees in the exact manner as stipulated herein ................................ $35,000,000

1599-3234
For the commonwealth's south Essex sewerage district debt service assessment .......................... $93,550

1599-3384
For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in fiscal year 2004 or a prior fiscal year; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item; provided further, that no amount appropriated in this item shall fund attorneys' fees for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts; provided further, that no funds shall be expended for any settlements pursuant to Superior Court Civil Action No. 03-1913 BLS Allen's Pharmacy Cape Ann, & others vs. Christine C. Ferguson, Acting Commissioner of the Massachusetts Division of Health Care Finance and Policy; provided further, that $300,000 shall be expended for Namyl, LLC v. L. Bongiorni, et al and its companion cases to be paid to the town of Wilbraham; and provided further, that funds shall be made available for a settlement for the town of Easton ...................................................................................................................................... $4,837,211

1599-3837
For the payment to the water pollution abatement trust to fund financial assistance to municipalities and other eligible borrowers to meet debt service obligations incurred by the municipalities and other eligible borrowers after January 1, 1992, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, and which have been completed, as determined by the department, on or before the promulgation date of the department's regulations related to the implementation of the federal Safe Drinking Water Act ........................................................................................................... $7,860,000

1599-3838
For a reserve for payment to the water pollution abatement trust to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, after the promulgation date of the department's regulations related to the implementation of the federal Safe Drinking Water Act

$9,118,270

1599-3856
For rent and associated costs at the Massachusetts information technology center in Chelsea ...... $7,115,000

The Governor reduced the following item by $549,558
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 ................... $1,100,000

1599-4121
For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of trustees of the University of Massachusetts and: the USA/MTA (Amherst); the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA; the Professional Staff Union, Local 509, Service Employees International Union, AFL-CIO/CLC; the University Staff Association/Massachusetts Teachers Association/NEA; the International Brotherhood of Police Officers, Local 432, Units A and B; the International Brotherhood of Teamsters, Local 25 (2 units); the University of Massachusetts and the International Brotherhood of Police Officers, Local 399; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 507; the National Association of Government Employees, Local 245; the American Federation of Teachers, Local 1895, AFL CIO, Faculty Federation; the American Federation of Teachers, Local 1895, AFL CIO, Educational Services; International Association of Police Officers, Local 399; the Massachusetts Society of Professors/Lowell; the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 1776; the Graduate Employee Organization, Local 2322, UAW; the Service Employees' International Union, Local 509, Unit B; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Clerical-Technical Unit; the Service Employees' International Union, Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit; the National Association of Government Employees; the Graduate Employee Organization, Local 1596, UAW; and the Graduate Employee Organization Boston, Local 1596, UAW; provided, that the payments shall fund the fiscal year 2005 payments associated with salary adjustments and other economic benefits provided for in such collective bargaining agreements; provided, that the president of the University of Massachusetts shall expend these funds for salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated herein shall be transferred by the comptroller to the university based upon a schedule submitted by the president of the University of Massachusetts; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements listed in this item, notwithstanding chapter
150E of the General Laws, including subsection (c) of section 7 of said chapter 150E or any other general or special law or collective bargaining agreement to the contrary and any contractual requirement relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item shall not apply to the payment of salary adjustments and other economic items, notwithstanding any collective bargaining agreement to the contrary; and provided further, that notwithstanding said chapter 150E or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to or other than fiscal year 2005, as otherwise provided in such collective bargaining agreements ......... $54,670,570

1599-4122
For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of higher education and:
the Association of Professional Administrators; and the American Federation of State, County and Municipal Employees, Council 93, Local 1067, AFL-CIO; provided, that said payments shall fund the fiscal year 2005 payments associated with salary adjustments and other economic benefits provided for in such collective bargaining agreements; provided further, that the chancellor of the board of higher education shall expend these funds for salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated herein shall be transferred by the comptroller to the board of higher education based upon a schedule submitted by the chancellor of the board of higher education; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements listed in this item, notwithstanding chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E or any other general or special law or collective bargaining agreement to the contrary and any contractual requirement relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item shall not apply to the payment of such salary adjustments and other economic items, notwithstanding any collective bargaining agreement to the contrary; and provided further, that notwithstanding said chapter 150E or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institutions of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to than fiscal year 2005, as otherwise provided in such collective bargaining agreement .......................... $15,461,087

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

1599-6901
For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this appropriation; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the operational services division shall condition the expenditure of the reserve upon assurances that the funds shall be used solely for the purposes of adjustments to wages, compensation or salary; provided further, that not later than February 15, 2005, 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 2005 and the average per centage adjustment funded by this reserve; provided further, that the report shall also include, for each contract scheduled to receive any allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for child care services or programs for which payment rates are negotiated and paid as class rates as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that the total fiscal year 2005 cost of salary adjustments and any other associated employee costs authorized thereunder shall not exceed $20,000,000; provided further, that $10,000,000 shall be expended in fiscal year 2005 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $25,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided further, that $10,000,000 shall be expended in fiscal year 2005 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning more than $25,001 and less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided further, that the annualized cost of the adjustments in fiscal year 2006 shall not exceed the amount appropriated herein; and provided further, that the raises provided through this item shall be in addition to any already agreed to or collectively bargained for pay increases ....................................................................................................... $20,000,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

1599-7092
For a reserve for the county correctional programs; provided, that notwithstanding any general or special laws to the contrary, the sheriffs, in conjunction with the county government finance review board, shall maintain and continue to collaborate with the comptroller's office to collect and report all revenue collection and all spending on the Massachusetts Management Accounting and Reporting System; provided further, that the comptroller shall not transfer the funds from this item to item 8910-0000 unless the plan is in place; provided further, that the county government finance review board shall, by January 1, 2005, have developed a plan for the spending of all funds for fiscal year 2005, and developed a sound fiscal spending plan for fiscal year 2006; provided further, that the board shall build the spending plans with the direct input of the seven sheriffs still functioning under the county government system; provided further, that by January 15, 2005 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, 2005; provided further, that the board shall also provide a projection of all county funds to be collected for fiscal year 2005 and 2006; provided further, that the board shall release all funds from fiscal year 2005 quarterly; provided further, that any sheriff that spends more than the quarterly approved budget shall have the money allocated for the following quarter reduced by the excess amount overspent in the previous quarter; and provided further, that it is the intent of the General Court that funds shall not be spent from this item nor any funds be transferred from this item to another item until all of aforementioned restrictions and conditions have been satisfied ............................................................................................................................ $39,319,632

1599-7104
For a reserve for the facilities costs associated with the college of visual and performing arts at the University of Massachusetts at Dartmouth; provided, that funds may be expended for Bristol community college ........................................................................
$2,565,093

Division of Human Resources.

1750-0100
For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth's human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the commissioner of administration shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that 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 for administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees' unions; provided further, that the nature and scope of economic proposals contained in such agreements shall include all fixed per centage 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 ......................................................................................... $3,825,000

1750-0102
The human resources division may expend revenues up to a maximum of $1,327,500 from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions, and the general public fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil examination, notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system ........................................................................................................ $1,327,500

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

1750-0111
For the planning and implementation of a civil service continuous testing program and the operation of the bypass appeals process program; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the number of tests administered and the amount of revenue collected through said program
..............................................................................$102,437

1750-0119
For payment of workers' compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify said former employees pursuant to current workers' compensation procedures ................................................................................................................................ $233,350

The Governor disapproved certain wording:
1750-0201
The division may expend an amount not to exceed $163,115 for implementation of the medical and physical fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; provided further, that the human resources division shall submit a semi-annual report to the house and senate committees on ways and means detailing all expenditures on 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, 2005 on the projected costs of said program for fiscal year 2005 ........................................................................$163,115

1750-0300
For the commonwealth's contributions in fiscal year 2005 to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that the contributions shall be calculated as provided in the applicable collective bargaining agreement and shall be paid to such health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides .................................................................... $20,284,800

Operational Services Division.

1775-0100
For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to provisions included in this act ......................................................... $1,300,000

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

1775-0124
The operational services division may expend an amount not to exceed $300,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division's audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; provided that, the division may only retain revenues collected in excess of $207,350 ........................................................................ $300,000

1775-0600
The operational services division may expend revenues collected up to a maximum of $100,000 from the sale of state surplus personal property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel ....................................................... $100,000

1775-0700
The operational services division may expend 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 $250,000 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 ................................................................................................................................................. $250,000

Information Technology Division.

1790-0100
For the operation of the information technology division; provided, that the division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall develop a formula to determine the cost that will be charged to each agency for its use of the human resources and compensation management system; provided further, that the division may coordinate with any state agency or state authority which administers a grant program to develop a statewide grant information page on the commonwealth's official worldwide web site, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May 16, 2005 with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2005; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000 including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for such project or purchase; and provided further, that the chief information officer may establish such rules and procedures as he deems necessary to implement this item ..................................... $5,200,000

1790-0300
The information technology division may expend up to a maximum of $447,404 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 ............................. $447,404

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

Office of the Secretary.

The Governor reduced the following item by $100,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
2000-0100
For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control chapter program, and a central data processing center for the secretariat; provided, that the secretary of environmental affairs may enter into interagency agreements with any line agency within the secretariat, whereby the line agency may render data processing services to said secretary; provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that said secretary shall file a plan with the house and senate committees on ways and means 20 days before entering into any interdepartmental service agreements with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that funds may be expended for volunteer water monitoring grants; provided further, that $100,000 shall be expended for a coastal shore water testing program administered by the Coalition for Buzzards Bay; provided further, that funds may be expended on the watershed initiative; and provided further, that the secretary, in conjunction with the commissioner of the department of capital asset management and maintenance, shall submit a building condition assessment report to the house and senate committees on ways and means by December 6, 2004 detailing a plan to repair the building on 20 Somerset Street that houses the department of conservation and recreation; provided further, that said report shall include, but not be limited to, the following:
(1) a list of structural deficiencies, (2) a list of heating, ventilation, and air-conditioning system deficiencies, (3) a list of projects that are required to update said building to comply with current standards including any sprinkler, American with disabilities act improvements or other such improvements, (4) an environmental assessment done in conjunction with the department of public health to identify any environmental hazards including asbestos and lead hazards, (5) total project costs and cost estimates delineated by specific repair, (6) an estimate of the time to complete said repairs, (7) a plan on how to minimize staff disruption by examining the possibility of repairing portions of the building while staff inhabit other portions, (8) a plan to minimize the cost of leased space if staff have to move to privately owned or operated buildings ........................................... $7,575,647

2000-9900
For the office of geographic and environmental information established pursuant to section 4B of chapter 21A of the General Laws ........................................................................................................................................ $278,791

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

2000-9912
The executive office of environmental affairs may expend an amount not to exceed $400,000 from additional fees paid on the registration of watercrafts as described in this act, for milfoil, fanwort, and other exotic plants prevention grant program .................................................................................................................................................. $400,000

2001-1001
The secretary of environmental affairs may expend an amount not to exceed $125,000 accrued from fees charged to authorities and units of government within the commonwealth, other than state agencies, for the distribution of digital cartographic and other data, and the review of environmental notification forms pursuant to sections 61 to 62H, inclusive, of chapter 30 of the General Laws, for the purposes of providing those services ............................. $125,000

The Governor disapproved certain wording:
2010-0100
For recycling and related purposes consistent with the recycling plan of the solid waste master plan which includes municipal equipment, a municipal recycling incentive program, recycled product procurement, guaranteed annual tonnage assistance, recycling transfer stations, source reduction and technical assistance, consumer education and participation campaign, municipal household hazardous waste program, the recycling loan program, research and development, recycling market development and recycling business development, and the operation of the Springfield materials recycling facility; provided, that the department shall be prohibited from increasing the number of full-time employees paid from this item above the number assigned to this item on March 1, 2003; provided further, that funds may be expended for a recycling industry reimbursement program pursuant to section 24I of chapter 43 of the acts of 1997; and provided further, that funds may be expended on municipal recycling incentives and equipment grants ............................................... $2,140,647

2010-0200
For redemption centers; provided, that the department of environmental protection shall expend the funds appropriated herein for a program to preserve the continuing ability of redemption centers to maintain operations in pursuit of the commonwealth's recycling goals consistent with section 323 of chapter 94 of the General Laws; provided further, that for the purposes of this item and said chapter 94, a redemption center shall be any business registered with the commonwealth whose primary purpose is the redemption of reusable beverage containers; provided further, that such program shall take into consideration the volume of redeemables per redemption center, the length of time such center has been in operation, the number of returnables redeemed quarterly by such centers, the submission by such centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; and provided further, that said redemption centers shall be eligible for such funds if they were registered with the commonwealth as of April 1, 2003 ......................................................................................................................................... $1,375,000

2020-0100
For toxics use reduction technical assistance and technology, in accordance with chapter 21I of the General Laws ........................................................................
$1,299,323

2030-1000
For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004 ..................................................................................................... $9,702,003

2030-1004
For environmental police private details; provided, that the office may expend revenues of up to $250,000 collected from fees charged for private details ................................................................................................... $250,000

Department of Environmental Protection.

The Governor reduced the following item by $518,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
2200-0100
For the operation of the department of environmental protection, including the environmental strike force, the office of environmental results and strategic planning, the bureau of resource protection, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research, notwithstanding the provisions of section 323F of chapter 94 of the General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws; provided further, that 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 $168,000 shall be expended for sediment control in Lake Webster; provided further, that funds may be expended for a water resource identification project in the town of Carver; provided further, that $350,000 shall be expended for coastal pollution remediation for storm water discharge to improve the water quality of Buzzards Bay in the town of Dartmouth; and provided further, that funds may be expended for the purpose of conducting a Comprehensive Site Assessment of South Meadow Pond and the presence of leachate from the former Clinton Landfill site .............................................................................. $28,373,935

2200-0102
The department of environmental protection may expend an amount not to exceed $1,200,000 from revenues collected from fees collected from wetland permits; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that the department shall submit a report by January 11, 2005 on implementation of the wetlands fee, the amount of the fee increase and the revenue that has been collected; and provided further, that the wetlands fees that were directed into the General Fund shall not be lower than the amount deposited at the end of fiscal year 2004 ................................................... $1,200,000

2210-0100
For the implementation and administration of chapter 21I of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means on or before February 1, 2005 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 ........................................................................ $918,782

2220-2220
For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto related state implementation program, the low emission vehicle program, the non-auto related state implementation program, and the commonwealth's commitments under the New England Governor's/Eastern Canadian Premier's Action Plans for reducing acid rain deposition and mercury emissions .......................... $899,814

2220-2221
For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act ..................................................................................................................................... $1,877,420

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 ............................................................................................................................ $1,506,194

The Governor disapproved certain wording:
2260-8870
For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 323F of chapter 94 of the General Laws and section 4 of chapter 21J of the General Laws; provided, that the department of environmental protection shall be obligated to test and remediate solid waste contamination at the Rivers Edge development in Methuen; provided further, that the department shall submit a report to the house and senate committees on ways and means on or before October 1, 2004 detailing the number of full-time equivalent positions assigned to tier IA, tier IB, tier IC and tier 1I projects; and provided further, that $90,000 shall be expended for Brownfield redevelopment in the City of Lynn .................................................................. $14,240,365

2260-8872
For the brownfields site audit program ....................................................................................... $1,741,362

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

Department of Fish and Game.

2300-0100
For the office of the commissioner; provided, that the commissioners office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the riverways programs, and all other programs under the control of the department of fish and game; provided further, that the purpose of said assessments shall be to cover appropriate administrative costs of the department, including but not limited to payroll, personnel, legal and budgetary costs; and provided further, that said amount and contribution from each division or program shall be determined by the commissioner of fish and game ........................................................................................ $450,001

2300-0101
For a program of riverways protection, restoration and promotion of public access to rivers, including grants to public and non-public entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws .................................................................................................................................................. $401,147

2310-0200
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 2004 for such research; provided further, that funds may be expended to supplement the natural heritage and endangered species program; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns of Montague and Sandwich; provided further, that the department shall expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended; and provided further, that $25,000 shall be expended for a matching grant to repair a culvert on brook hollow road on the mill river in the town of Hatfield, in cooperation with the United States fisheries and wildlife service, to improve stream flow and promote the migration of anadromous fish ........................... $7,307,279

Inland Fisheries and Game Fund ................................................................................... 100.0%

2310-0316
For the purpose of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections 2A and 2C of chapter 131 of the General Laws; provided, that funds shall not be expended from this item in the AA subsidiary for the compensation of state employees assigned to any item .................................................................................................................. $1,500,000

Inland Fisheries and Game Fund ................................................................................... 100.0%

2310-0317
For the waterfowl management program pursuant to section 11 of chapter 131 of the General Laws ........................................................................$100,000

Inland Fisheries and Game Fund ................................................................................... 100 .0%

The Governor disapproved certain wording:
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 $350,000 shall be expended for the design, construction and repair of the Kernwood Marina parking lot, drainage system and boat ramp; provided further, that $50,000 shall be expended for the repair of the state boat ramp on Apponagansett Bay in the town of Dartmouth; provided further, that $75,000 shall be expended for a floating dock system at the Plymouth State Boat Ramp; provided further, 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 ........................... $945,092

The Governor reduced the following item by $50,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
2330-0100
For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program including coastal area classification, mapping and technical assistance, and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that $300,000 shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that not less than $333,000 shall be expended for the operation of the Newburyport shellfish purification plant and that plant shall generate not less than $115,000 from purification fees; provided further, that not less than $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 $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; provided further, that $50,000 shall be expended for the National Marine Life Center in the town of Bourne; provided further, that the sum expended for the School for Marine Science and Technology to help mitigate the negative economic impact to the Massachusetts ports which has resulted from the change in federal fisheries regulations in fiscal year 2005 shall not be reduced from fiscal year 2004 except in proportion to adjustments consistent with the deparment's budget adjustment; and provided further, that funds shall be expended for the Center for Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations shall not be reduced from fiscal year 2004 except in proportion to adjustments consistent with the department's budget adjustment ................................................................................................. $3,930,804

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 ........................................................................$530,836

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 $167,898 collected from federal sportfish restoration funds and from the sale of materials which promote marine recreational fishing ........... $167,898

2350-0101
For the hunter safety training program ........................................................................................ $450,000

Inland Fisheries and Game Fund ................................................................................... 100.0%

Department of Agricultural Resources.

The Governor disapproved certain wording:
2511-0100
For the operation of the department of agricultural resources, including the office of the commissioner, the expenses of the board of agriculture, the division of dairy services, 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, that notwithstanding any general or special law or regulation to the contrary, any regulation promulgated or enforced by said department that, if finally enforced with regard to a person or entity violating said regulation, would cause the closure of a business or the loss of a license issued by said department and ultimately result in job loss to such persons or entities shall be reviewed by the division of administrative law appeals in an expedited fashion prior to final enforcement of said regulation unless said closure and/or license revocation is designated as a public health emergency by the commissioner of said department; provided further, that said person or entity shall be entitled to present to said division, at the time of said review, information summarizing the economic impact that would result from final enforcement as it relates to the nature of the violation alleged by said department; provided further, that $100,000 shall be expended for 4 H activities from this item; provided further, that funds may be expended for the Southeastern Massachusetts Agricultural Partnership; provided further, that funds may be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board; provided further, that the department shall, to the extent possible, encourage corporate sponsorships for the purposes of providing agricultural fair prizes; and provided further, that funds may be expended for implementation of the agricultural marketing strategic plan, including, but not limited to, a "Buy Local" campaign and funding for agricultural business training and technical assistance ........................................... $3,725,650

2511-0105
For the purchase of supplemental foods for the emergency food assistance program within the second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall be expended for food to be distributed by the greater Boston food bank as follows:73.5 per cent to the greater Boston food bank, including a portion to be distributed to the Merrimack Valley food bank under a contractual agreement between the food bank and the greater Boston food bank, 15.2 per cent to the food bank of western Massachusetts, and 11.3 per cent to the Worcester county food bank; and provided further, that the department is authorized to assess an administrative charge not to exceed two per cent of the total appropriation herein .......................................................................................... $6,280,000

2511-3002
For the Integrated Pest Management program ............................................................................ $100,000

Department of Conservation and Recreation.

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

2800-0100
For the operation of the department of conservation and recreation; provided, that said department shall enter into an interagency agreement with the department of state police to provide police coverage on department of conservation and recreation properties and parkways; provided further, that the department of state police shall reimburse said department of conservation and recreation for costs incurred by said department including, but not limited to vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division performing construction activities for the department of conservation and recreation shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of said department; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments not later than February 14, 2005; 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; provided further, that the department of conservation and recreation shall file a report with the house and senate committees on ways and means no later than December 6, 2004 detailing the merger of the former metropolitan district commission with the former department of environmental management into the department of conservation and recreation; provided further, that said report shall include, but not be limited to, the following: (1) the names, salaries, and the positions of all full time equivalent, so-called personnel that were scheduled to be paid out of item 2800-0100 as of September 1, 2003, March 1, 2004 and August 1, 2004, (2) the job descriptions, employee name, current job title, and the item of appropriation said employees were assigned to in fiscal years 2002 and 2003 and the item of appropriation that they are currently funded from, (3) a list by subsidiary and object code of all expenditures or allocations from items of appropriations under the executive office of environmental affairs in fiscal year 2004 on the commonwealth development coordinating council, (4) a list of all deputy commissioners and deputy associate commissioners, and their assigned duties, (5) the number of full time equivalent positions, so-called that have been eliminated due to said merger, (6) any efficiencies that have been achieved from said merger; provided further, that said secretary shall file a report on the number of employees funded through capital authorizations with the house and senate committees on ways and means no later than December 6, 2004, that shall include, but not be limited to, the following:(1) the number of full time equivalent positions so-called, delineated by fiscal year, item of appropriation and position number, job title and job code for that have been funded from capital authorizations for fiscal years 2001 to 2005 inclusive, for every item of appropriation under control of said secretary, (2) every program that has been funded from capital authorizations for fiscal years 2001 to 2005 inclusive delineated by fiscal year, program and item of appropriation, (3) detail every full time equivalent, so-called and program that has been moved to capital authorizations since fiscal year 2001; and provided further, that $60,000 shall be expended for the Martha's Vineyard Commission ............................................................................................ $5,023,416

2800-0101
For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the department and the office of water resources in the department of conservation and recreation; provided, that $500,000 shall be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of the payment shall be charged to the General Fund and 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 $48,000 shall be expended for the flood control activities undertaken by the Thames River Valley communities of Massachusetts in conjunction with the state of Connecticut; provided further, that $80,000 shall be expended for a Buzzards Bay water quality restoration projects including, but not limited to engineering and permitting costs for restoration in Mattapoisett of the Eel Pond drainage culvert, storm separators in West Island and Little Bay in the Town of Fairhaven and similar water quality projects in Buzzards Bay; provided further, that $100,000 shall be expended for Pine Tree Brook in the town of Milton to implement phase IV of a project for clearing and dredging; provided further, that $25,000 shall be expended for aquatic weed control treatments in the Upper Mystic Lake; provided further, that $8,000 shall be expended for the protection and rehabilitation of the Wachusett Reservoir Dam 5 area in the town of Clinton; provided further, that the water assets management project include the towns of Plymouth, Carver, Wareham, Plympton, Bourne, Middleborough, and Kingston; and provided further, that the department develop and implement a written plan to protect and manage the Plymouth-Carver sole source aquifer in consultation with these 7 towns .................................................................................................. $1,367,114

2800-0200
For the operation of the Commonwealth Zoological Corporation pursuant to chapter 92B of the General Laws; provided, that $50,000 shall be expended for the Buttonwood Park Zoo; provided further, that $50,000 shall be expended for the Forest Park Zoo; provided further, that funds appropriated in this item shall be expended for the purposes of promoting private fundraising, achieving self-sufficiency and serving as a catalyst for urban economic development and job opportunities for local residents; provided further, that the corporation shall take all steps necessary to increase the amount of private funding available for the operation of the zoos; provided further, that the corporation shall report to the house and senate committees on ways and means not later than February 1, 2005 on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts Zoos Business and Operations Plan, dated December, 1996; and provided further, that the corporation shall continue to provide free services and supplies including, but not limited to, routine animal check-ups, diagnosis and care, emergency veterinary needs, medications and medical supplies, vitamins and diet supplements and Zoo Prem feline diet, to the trailside museum and the Chickatawbut Hill Center in the town of Milton ................................................................................................................. $5,000,000

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

2800-9004
For certain payments for the maintenance and use of the trailside museum and the Chickatawbut Hill center ........................................................................ $375,000

2810-0100
For the operations of the division of state parks and recreation; provided, that funds appropriated herein shall be used to operate all of the division's parks, heritage state parks, reservations, campgrounds, beaches, pools, and, for the oversight of rinks, to protect and manage the division's lands and natural resources including the forest and parks conservation services and the bureau of forestry development; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the department is authorized to issue grants to public and non-public entities from this item; provided further, that $99,000 shall be expended for repairs to the portico at Pilgrim State Park; provided further, that $50,000 shall be expended for the improvement and reconstruction of the Daly Field located in the Allston-Brighton section of the City of Boston; provided further, that $100,000 shall be expended for the Schooner Ernestina Commission; and provided further, that $50,000 shall be expended for a public waterfront accessibility project on Plum Island in the City of Newburyport .............................................................................................. $17,749,682

2810-2000
For the seasonal hires of the division of state parks and recreation, including hires for the forest fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2004 shall continue to receive such benefits in fiscal year 2005 during the period of their seasonal employment; provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified herein; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; provided further, that funds shall be expended for 2 additional summer staff positions at the Lawrence Heritage State Park; and provided further, that notwithstanding the section 1 of the chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period ........................................................................................................... $5,417,735

2810-2040
The division of state parks and recreation may expend revenues collected up to a maximum of $3,703,218 from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system of the division; provided, that no funds from this item shall be expended for the costs of personnel, including seasonal employees; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the 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 in each such quarter and the implications of that the variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item ................................................................... $3,703,218

The Governor reduced the following item by $512,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
2820-0100
For the administration, operation and maintenance of the division of urban parks and recreation including, for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the division, flood control activities of the division, purchase of all necessary supplies and related equipment, and the civilianization of crossing guards located at division intersections where state police previously performed such duties; provided, that said parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the division of urban parks and recreation; and provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that $150,000 shall be expended for Legion Park in the town of Weymouth; provided further, that not less than $3,902 shall be expended on additional school crossing guards for the corner of Mystic Avenue and Shore Drive in the city of Somerville; provided further, that $250,000 shall be expended for a linked trail system for state and local parks along the Back River in the town of Weymouth; provided further, that $30,000 shall be expended for child safety equipment in the town of Milford; provided further, that $45,000 shall be expended on the maintenance of Red Rock Park on Lynn Shore Drive, in the city of Lynn; provided further, that said Division shall file a report with the house and senate committees on ways and means no later than October 1, 2004 on the reconstruction on the Vietnam Veterans Memorial Pool in Chelsea; provided further, that said report shall include, but not be limited to the following:(a) the current condition of the pool and all related structures, (b) a detailed list of all structural deficiencies, (c) a detailed cost estimate to repair said pool and structures, (d) an estimate of the time to complete said repairs, (e) and any other information that said division deems necessary for the completion of this report; provided further, that $225,000 shall be expended for maintenance and infrastructure repair of the southwest corridor park; provided further, that $50,000 shall be expended for the removal of a pedestrian bridge at the end of Fairlawn Street in the City of Malden; provided further, that $50,000 shall be expended for flood mitigation at Fellsmere Pond; provided further, that $247,000 shall be expended for the James Michael Curley Recreation Center in Boston; provided further that $85,000 shall be expended for the town of Boylston; and provided further that funds shall be expended for environmental preservation of the historic Park Avenue Fire Barn in Worcester ............................................................................. $20,186,478

2820-0101
For the costs associated with the department's urban park rangers specific to the security of the state house; provided, that the commissioner shall collaborate and coordinate with the legislature's joint committee on rules on the development of a plan of security for the state house; and provided further, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house .................................................................. $1,750,000

2820-0200
For seasonal hires of the division of urban parks and recreation; provided, that no funds in this item shall be used for year-round seasonals; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding section 1 of chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12 month period .................... $2,991,820

2820-1000
The division of urban parks and recreation may expend an amount not to exceed $200,000 from revenue generated pursuant to section 34B of chapter 92 of the General Laws ...................................................................... $200,000

2820-1001
The division of urban parks and recreation may expend $50,000 for the operation and maintenance of the division's telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways central artery/Ted Williams tunnel project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system ..................................................................................... $50,000

The Governor disapproved certain wording:
2820-2000
For the expenses of snow and ice control on the parkways within the division of urban parks and recreation, including the costs of personnel; provided, that the department of conservation and recreation shall take all measures to ensure that said department's snow and ice control efforts are efficient and cost affective; provided further, that the secretary of environmental affairs 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 September 1, 2004 which shall include, but not be limited to, the following:(a) a list of amounts paid from state appropriations for snow and ice control efforts for fiscal years 1998, 1999, 2000, 2001, 2002, 2003 and 2004 (b) any other information that said secretary determines is necessary to account for and explain the extraordinary expenditure of state appropriations for the control and removal of snow and ice; provided further, that no funds shall be expended from this appropriation until said secretary, 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; and provided further, that after said report has been submitted with the proper information and in the exact format requested by the legislature an additional amount of $733,434 may be appropriated for snow and ice control efforts........................................................................ $733,434

2820-3001
The division of urban parks and recreation may expend an amount not to exceed $1,000,000 from skating rink fees and rentals for the operation and maintenance, including personnel costs, of four rinks between September 1, 2004 and April 30, 2005 for an expanded and extended rink season; provided, that when assigning time for the use of its rinks said division shall give priority to those which qualify under applicable state and federal law as nonprofit organizations or as a public school .................................................................................................................................................. $1,000,000

2820-4420
For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend revenues up to $1,100,000 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 division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning no earlier than April 1 and ending no later than November 30 ........................................................................................................................... $1,100,000

2820-4421
For the operation and maintenance of the Leo J. Martin golf course; provided, that the division of urban parks and recreation may expend 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 division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30 ........................................................................................................................... $700,000

The Governor disapproved certain wording:
2820-9005
For the operation of street lighting on the division of urban parks and recreation parkways; provided, that no expenditure shall be made other than in the GG subsidiary; provided further, that the department of conservation and recreation shall take all measures to further ensure that said department's street lighting efforts are efficient and cost affective; provided further, that said department shall implement a plan to achieve efficiencies and reduce said lighting costs; provided further, that said department shall file a report with the house and senate committees on ways and means no later than September 1, 2004 on measures taken to ensure efficiency and cost effectiveness of their street lighting program that shall include, but not be limited to, the following: (1) all efforts taken by said department to reduce street lighting costs in fiscal years 2002, 2003 and 2004, (2) efforts to reduce the amount paid for electricity through bulk purchasing agreements, (3) a long range plan on energy savings initiatives; provided further, that no funds shall be expended from this appropriation until said department has submitted all documentation, testimony, data and other information as required by the provisions of this appropriation; and provided further, that after said report has been submitted with the proper information and in the exact format requested by the legislature an additional amount of $1,303,326 may be appropriated for street lighting efforts .........................................................................$1,303,326

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

The Governor reduced the following item by $700,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
4000-0112
For matching grants to boys' and girls' clubs, YMCA and YWCA organizations and nonprofit community centers; provided, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amounts distributed in fiscal year 2005 by March 1, 2005; provided further, that not less than $920,000 shall be expended for the Massachusetts Alliance of Boys and Girls Clubs to provide grants to boys and girls of Massachusetts; provided further, that not less than $500,000 shall be expended for the YMCA of greater Boston to facilitate capital projects approved by the board of directors of the YMCA; provided further, that not less than $80,000 shall be expended for the young parents program of the Newton Community Service Centers; provided further, that not less than $10,000 shall be expended for the Scantic Valley YMCA; provided further, that not less than $40,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the public partnership program between the town of Saugus and the Saugus YMCA and YWCA; provided further, that not less than $40,000 shall be expended for the Saugus YMCA; provided further, that not less than $20,000 shall be expended for the youth counseling, GED/School-to-Career program, drug prevention and at-risk youth services at a regional youth center in Uxbridge; provided further, that not less than $100,000 shall be expended for the YMCA Spartacus program in Worcester; provided further, that not less than $69,000 shall be expended to the Franklin Community Action Commission for youth services; and provided further, that not less than $200,000 shall be expended to the YMCA of greater Lynn to facilitate capital projects approved by the board of directors of said YMCA ............................................ $2,029,000

The Governor disapproved this section.
The Legislature overrode the Governor's veto.
4000-0115
For matching grants to the Massachusetts Technology Collaborative to implement inpatient hospital-based computerized physician order entry systems in eligible hospitals in Massachusetts for the purposes of improving patient safety and hospital efficiency; provided, that said secretary shall submit a report not later than October 30, 2004 to the house and senate committees on ways and means on the disbursement and uses of said grants; provided further, that no funds appropriated herein shall be granted unless the amount of said grant is matched dollar for dollar by the recipient; provided further, that not less than $500,000, of which a minimum of 75 per cent must be eligible for federal financial participation, shall be available for said office to acquire through procurement professional and consulting services to enhance the fraud and abuse detection, program management, budgeting, and performance measurement capabilities of said executive office's existing or planned data warehouse to achieve cost-savings in the Medicaid program and identify program and policy efficiencies across all human service programs; provided further that such procurement must be completed no later than January 1, 2005; provided further that any vendor or vendors engaged contractually by said executive office must have prior Medicaid data warehouse experience in states whose Medicaid budgets are equal to or greater than Massachusetts to ensure a greater likelihood of success ..................................................................................................................................... $1,000,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

4000-0300
For the operation of the executive office, including the operation of the managed care oversight board; provided, that the executive office shall provide technical and administrative assistance to agencies under the purview of the secretariat receiving federal funds; provided further, that the executive office and its agencies, when contracting for services on the islands of Martha's Vineyard and Nantucket, shall take into consideration the increased costs associated with the provision of goods, services, and housing on said islands; provided further, that the executive office shall monitor the expenditures and completion timetables for systems development projects and enhancements undertaken by all agencies under the purview of the secretariat, and shall ensure that all measures are taken to make such systems compatible with one another for enhanced interagency interaction; provided further, that the executive office shall continue to develop and implement the common client identifier; provided further, that the executive office shall ensure that any collaborative assessments for children receiving services from multiple agencies within the secretariat shall be performed within existing resources; provided further, that funds appropriated herein shall be expended for the administrative, contracted services and non-personnel systems costs related to the implementation and operation of programs authorized by sections 9A to 9C, inclusive, and sections 16B and 16C of chapter 118E of the General Laws; provided further, that such costs shall include, but not be limited to, pre-admission screening, utilization review, medical consultants, disability determination reviews, health benefit managers, interagency service agreements, the management and operation of the central automated vendor payment system, including the recipient eligibility verification system, vendor contracts to upgrade and enhance the central automated vendor payment system, the medicaid management information system and the recipient eligibility verification system MA21, costs related to the information technology chargebacks, contractors responsible for system maintenance and development, personal computers and other information technology equipment; provided further, that 50 per cent of the cost of provider point of service eligibility verification devices purchased shall be assumed by the providers utilizing the devices; provided further, that the executive office of health and human services shall assume the full cost of provider point of service eligibility verification devices utilized by any and all participating dental care providers; provided further, that in consultation with the division of health care finance and policy, no rate increase shall be provided to existing medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that expenditures for the purposes of each item appropriated for the purpose of programs authorized by chapter 118E of the General Laws shall be accounted for according to such purpose on the Massachusetts management accounting and reporting system not more than 10 days after such expenditures have been made by the medicaid management information system; provided further, that the no expenditures shall be made for the purpose of such programs that are not federally reimbursable, except as specifically authorized herein, or unless made for cost containment efforts the purposes and amounts of which have been submitted to the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the executive office may continue to recover provider overpayments made in the current and prior fiscal years through the medicaid management information system, and that such recoveries shall be deemed current fiscal year expenditure refunds; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means the amounts of said expenditure refunds credited to each item of appropriation; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means the amount of hand generated payments, to providers by item of appropriation from which said payments were made; provided further, that the executive office may collect directly from a liable third party any amounts paid to contracted providers under chapter 118E of the General Laws for which the executive office later discovers another third party is liable if no other course of recoupment is possible; provided further, that no funds shall be expended for the purpose of funding interpretive services directly or indirectly related to a settlement or resolution agreement, with the office of civil rights or any other office, group or entity; provided further, that interpretive services currently provided shall not give rise to enforceable legal rights for any party or to an enforceable entitlement to interpretive services; provided further, that the federal financial participation received from claims filed for the costs of outreach and eligibility activities performed at certain hospitals or by community health centers which are funded in whole or in part by federally permissible in-kind services or provider donations from the hospitals or health centers, shall be credited to this item and may be expended without further appropriation in an amount specified in the agreement with each donating provider hospital or health center; provided further, that the federal financial participation received from claims filed based on in-kind administrative services related to outreach and eligibility activities performed by certain community organizations, under the so-called "covering kids initiative" and in accordance with the federal revenue criteria in 45 CFR 74.23 or any other federal regulation which provides a basis for federal financial participation, shall be credited to this item and may be expended, without further appropriation, on administrative services including those covered under an agreement with the organizations participating in the initiative; provided further, that notwithstanding the provisions of any general or special law to the contrary, the executive office shall require the commissioner of mental health to approve any prior authorization or other restriction on medication used to treat mental illness in accordance with written policies, procedures and regulations of the department of mental health; provided further, that federal reimbursements received for administrative expenditures made pursuant to this item shall be credited proportionally to the General Fund and the Children's and Seniors' Health Care Assistance Fund, established under section 2FF of chapter 29 of the General Laws, in the same per centages as expenditures are made from this item; provided further, that in determining inpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions, rate adjustments and passthrough payments, as was in effect on July 1, 2003; provided further that in determining outpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions and rate adjustments, as was in effect on October 1, 2003; provided further, that any hospital with a unit designated as a pediatric specialty unit, as defined by this act, shall be exempt from the inpatient and outpatient efficiency standards, so called, being applied to their rate methodology; provided further, that said executive office shall use the same pricing methodology for durable medical equipment and oxygen as was in effect on July 1, 2003; provided further, that said executive office shall not reduce the supplement to chronic disease and rehab hospitals administrative day rate below that which was granted during hospital fiscal year 2004; provided further, that said executive office in fiscal year 2005 shall not eliminate payment to hospital outpatient departments for primary care provided to MassHealth members; and provided further, that said executive office shall implement a pilot project for 25,000 disabled MassHealth members as authorized by this act that shall encourage the use of community health centers for primary care services and shall submit a report to the house and senate committees on ways and means no later than February 1, 2005 on the feasibility of expanding this pilot project to all MassHealth members .................................................$119,763,756

General Fund ............................................................................................................... 85.84%
Children's and Seniors' Health Care Assistance Fund .................................................... 14.16%

4000-0320
The executive office may expend an amount not to exceed $333,500,000 from the monies received from recoveries of any current or prior year expenditures and collections from liens, estate recoveries, third party recoveries, drug rebates, accident and trauma recoveries, case mix recoveries, computer audits, insurance recoveries, provider overpayment recoveries, bankruptcy settlements, Masspro and Healthpro refunds, medicaid fraud returns, data match returns, Medicare appeals and program and utilization review audits; provided, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; provided further, that the executive office shall file quarterly with the house and senate committees on ways and means, a report delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures; 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 recipient's death and held by the executive office for more than 3 years may, notwithstanding any general or special law to the contrary, be credited to this item after providing written notice to the house and senate committees on ways and means and the secretary of administration and finance .................................................$333,500,000

4000-0430
For the commonwealth program to provide primary and supplemental medical care and assistance to disabled adults and children under sections 9A, 16 and 16A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that the executive office shall maximize federal reimbursement for state expenditures made on behalf of such adults and children; provided further, that children shall be determined eligible for the medical care and assistance if they meet the disability standards as defined by the executive office, which standards shall be no more restrictive than the standards in effect on July 1, 1996; and provided further, that the executive office shall process commonwealth applications within 45 days of receipt of a completed application or within 90 days if a determination of disability is required, the same time period that governing applications under Title XIX of the Federal Social Security Act ..................................................................... $83,224,049

The Governor reduced the following item by $11,700,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
4000-0500
For health care services provided to medical assistance recipients under the executive office's primary care clinician/mental health and substance abuse plan or through a health maintenance organization under contract with the division; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that said secretary shall take all steps necessary to maximize enrollment in managed care organizations in order to utilize federal dollars available under the federal upper payment limit cap; provided further, that the secretary shall submit a report to the house and senate committees on ways and means which shall include MassHealth enrollment in managed care organization as of July 1, 2004 compared to said enrollment on December 1, 2004; provided further, that said report shall be submitted no later than December 15, 2004; 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 in conjunction with the new medicaid management information system project, said division study the feasibility of modifying its claim payment system, in collaboration with the MassHealth behavioral health contractor, to routinely process for payment valid claims for medically necessary covered medical services to eligible recipients with psychiatric and substance abuse diagnoses on a timely basis in an effort to avoid delay and expenses incurred by lengthy appeals processes; provided further, that said secretary shall report to the house and senate committee on ways and means not later than February 1, 2005 the results of said study, any proposed modifications to said payment system, and a timeline of steps to be taken to implement said modifications; provided further, that not less than $10,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units, including pediatric chronic and rehabilitation long-term care hospitals as allowable under federal law; provided further, that $1,100,000 shall be available for medical interpreter services to MassHealth members in emergency rooms and acute psychiatric units within acute care or psychiatric hospitals; and provided further, that not less than 20 per cent of the amount shall be expended for grants awarded through a competitive bidding process intended for innovative methods to improve interpreter services and contain costs; and provided further, that $11,700,000 shall be expended on disproportionate share payments to high public payer hospitals ...................................................................................... $2,319,197,919

The Governor disapproved this section.
The Legislature overrode the Governor's veto.
4000-0550
For the purposes of funding in fiscal year 2005 a one-time program of one-time incentive payments to community health centers which enroll MassHealth eligible patients in MassHealth managed care organizations dedicated to providing primary care in low cost settings; provided further, that said program shall provide a one-time rate add-on to participating community health centers which shall be passed through and paid to patients who enroll in MassHealth and simultaneously choose their primary care physician at a community health center; provided further, that said add-on shall not result in a payment to any enrollee which would exceed $5 per enrollee; provided further, that enrollees shall be eligible for only one $5 incentive payment and that said payments shall not apply to persons currently enrolled at a community health center; provided further, that no funds shall be expended in excess of the amount appropriated herein; 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 enforceable entitlement to the services funded herein; and provided further, that said division shall work in consultation with the division of health care finance and policy on the implementation of the provisions herein ................................................ $500,000

Department of Elder Affairs.

4000-0600
For health care services provided to medical assistance recipients under the department's senior care plan; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that not less than $9,240,000 shall be expended for the purposes of a demonstration project known as the "community choices" initiative, so-called; provided further, that under the demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver, so-called, shall be covered for any needed community services, including case management, from among those services available under the waiver or under the Commonwealth's Title XIX state plan, for the purpose of delaying or preventing an imminent nursing home admission; provided further, that elders enrolled in the waiver at risk of imminent nursing home admission shall be provided information about the availability of such services; provided further, that for elders who, 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 department shall establish a funding level that, on a monthly average basis, is equal to fifty per cent of the median monthly per capita expenditure made by the department for nursing facility services provided to elders; provided further, that such funding level may include the costs of needed waiver services or other needed community services available to the elders under the state plan, provided further, that the interagency agreement shall be amended to implement the demonstration project and shall describe how the funding level will be made available to meet the costs of needed waiver services or other needed community services available to the elders under the state plan; provided further, that the department shall enter into an agreement with each aging service access point participating in the demonstration, which shall describe a system to be followed by each aging service access point, in accordance with state law and requirements under Title XIX of the Social Security Act, for coordination of both waiver and non-waiver community services needed by such eligible elders; provided further, that each aging services access point receiving funds under the demonstration project shall submit monthly reports to the executive office of health and human services and to the department of elder affairs on the care provided and the service expenditures made under the 2176 elder care waiver and such other information as specified by the department and the executive office; provided further, that executive office of health and human services shall prepare a report on all relevant costs and savings associated with the demonstration project; provided further, that the report shall be submitted to the house and senate committees on ways and means by April 1, 2005; provided further, that the department shall expend funds 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, 2005; provided further, that the department shall in correlation with the senior care options program explore options for enrolling the senior care population into managed care programs through federal waivers or other necessary means; provided further, that not less than $75,000 shall be made available to reimburse providers of dementia-specific adult day care at the rate paid on January 1, 2003; provided further, that notwithstanding any general or special law to the contrary, for any nursing home that provides kosher food to its residents, the division of medical assistance, in consultation with the division of health care finance and policy, is directed to approve a special innovative program, and the division of health care finance and policy, in recognition of the unique special innovative program status granted by the division of medical assistance, shall for any nursing home that provides kosher food to its residents, establish up to a $5 per day increase to the standard payment rates to reflect the high dietary costs incurred in providing kosher food; provided further, that notwithstanding any general or special law to the contrary, all licensed chronic care hospitals located in Hampden county shall be paid under the same Medicaid reimbursement methodology as applied to all other similarly situated chronic care hospitals; provided further, that in calculating the Medicaid reimbursement, such reimbursement shall exclude any costs associated with any beds licensed by the department of mental health; provided further, that effective July 1, 2004 through June 30, 2005, the division of health care finance and policy in collaboration with the executive office of elder affairs shall establish nursing facility payment rates and fully fund allowable costs using calendar year 2002 base year costs; provided further, that the secretary of elder affairs may transfer not more than 3 per cent of funds appropriated in this item to item 4000-0620; and provided further, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer .................................................... $1,697,117,500

4000-0620
For the senior care options program; provided that the secretary of elder affairs may transfer not more than 15 per cent of funds appropriated in this item to item 4000-0600; provided, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer ................. $83,275,500

4000-0625
For the recruitment and retention of home health workers including the cost of workforce training, direct wages and benefits of said workers; provided, that the funds authorized herein shall be in addition to any amounts appropriated in line item 4000-0600 for the purpose of providing Title XIX services to patients; provided further, that said department shall work in consultation with the division of health care finance and policy on the implementation of the provisions herein; and provided further, that the funds authorized herein shall be eligible for federal financial participation .............. $4,000,000

Office of the Secretary

4000-0700
For health care services provided to medical assistance recipients under the executive office's health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office's managed care or senior care plans; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; and provided further, that expenditures from this item shall be made only for the purposes expressly stated in this item .............................................................. $1,239,530,000

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 the clause (c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the executive office, exceeds 150 per cent of the federal poverty level; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; and provided further, that all federal reimbursements received for expenditures from this item under Title XIX and Title XXI of the Federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund ........................ $390,030,100

Children's and Seniors' Health Care Assistance Fund ........................................................................................................... 100.0%

The Governor reduced the following item by $10,000,000
The Legislature overrode the Governor's veto.

4000-0870
For health care services provided to adults participating in the medical assistance program pursuant to clause (g) of subsection (2) of section 9A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to such recipients in prior fiscal years ............................................. $121,642,118 $111,642,118

4000-0875
For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall seek to obtain federal approval to limit the provision of said benefits to women whose income, as determined by the executive office, 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 executive office 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 ....................... $2,848,206

4000-0880
For MassHealth benefits under clause (c) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws for children and adolescents whose family incomes as determined by the executive office are above 150 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to the children and adolescents in prior fiscal years; and provided further, that all federal reimbursements received for expenditures from this item under Title XXI of the Federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund ........................................................................................................................ $63,103,326

Children's and Seniors' Health Care Assistance Fund ........................................................................................................... 100.0%

4000-0890
For the cost of health insurance premium subsidies paid to employees of small businesses participating in the insurance reimbursement program pursuant to the provisions of section 9C of chapter 118E of the General Laws; provided, that all federal reimbursements received for expenditures from this item pursuant to the provisions of Title XIX and Title XXI of the federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund; and provided further, that expenditures made for the purposes of this item shall not exceed the amount appropriated herein .................................................$30,846,992

Children's and Seniors' Health Care Assistance Fund ........................................................................................................... 100.0%

4000-0891
For the cost of health insurance subsidies paid to employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office 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 executive office shall report quarterly to the house and senate committees on ways and means and the executive office of administration and finance monthly expenditure data for the program, including the total number of employers participating in the program, the per centage of the employers who purchased health insurance for employees prior to participating in the program and total monthly expenditures delineated by payments to small employers and self-employed persons for individual, 2-person family and family subsidies; provided further, that the executive office shall seek federal reimbursement for the payments to employers; and provided further, that all federal reimbursements received for expenditures from this item, under Title XIX and Title XXI of the federal Social Security Act, shall be credited to the Children's and Seniors' Health Care Assistance Fund ......... $6,473,121

The Governor disapproved certain wording:
4
000-0895
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 executive office, 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 the department shall report to the house and senate committees on ways and means on the population served by the 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 the services to the populations; and provided further, that the 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 .......................................................... $14,213,532

4000-0990
For the children's medical security plan to provide primary and preventive health services for uninsured children from birth through age 18; provided, that the executive office shall pre-screen enrollees and applicants for Medicaid eligibility; provided further, that no applicant shall be enrolled in said program until said applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children's medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of 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 executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10E of chapter 118E 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 division to be ineligible for MassHealth benefits; provided further, that the secretary of the executive office 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 10E of said chapter 118E have been paid by all enrollees for whom said premiums are applicable ....................................................................... $21,374,000

General Fund ............................................................................................................... 76.62%
Children's and Seniors' Health CareAssistance Fund ...................................................... 23.38%

4000-1400
For the purposes of providing MassHealth benefits to persons with a diagnosis of human immunodeficiency virus with incomes up to 200 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years .............................................................. $8,732,000

Division of Health Care Finance and Policy.

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

4100-0060
For the operation of the division and the administration of the uncompensated care pool established pursuant to chapter 118G of the General Laws; provided, that notwithstanding any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal year 2005, 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 2005 from:(1) filing fees; (2) fees and charges generated by the division's publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division's administrative costs; provided further, that the assessed amount shall be not less than 65 per cent of the division's expenses as specified in this item; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the uncompensated care pool to report to the division the following utilization information:the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly to the house and senate committees on ways and means a summary report compiling said data; provided further, that the division, in consultation with the executive office of health and human services, shall not promulgate any increase in medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that the division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that 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, 2004 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 may be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that for hospital fiscal year 2005, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws shall be $320,000,000; provided further, that the division shall publish annual reports on the financial condition of hospitals and other health care providers through the Health Benchmarks project website, in collaboration with the executive office of health and human services, the office of the attorney general, and the University of Massachusetts; provided further, that the division shall submit to the house and senate committees on ways and means not later than December 6, 2004 a report detailing utilization of the uncompensated care pool; provided further, that the report shall include:(1) the number of persons in the commonwealth whose medical expenses were billed to the pool in fiscal year 2004; (2) the total dollar amount billed to the pool in fiscal year 2004; (3) the demographics of the population using the pool, and; (4) the types of services paid for out of the pool funds in fiscal year 2004; provided further, that the division shall include in the report an analysis on hospitals' responsiveness to enrolling eligible individuals into the MassHealth program upon the date of service rather than charging said individuals to the uncompensated care pool; provided further, that the division shall include in the report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that notwithstanding any general or special law or rule or regulation to the contrary, the division shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by said division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided or industrial accident patients if such a change would financially benefit the commonwealth; provided further, that notwithstanding any general or special law to the contrary said division shall maintain the rate paid for the dispensing fees to retail pharmacies for prescribed drugs to publicly aided or industrial accident patients at $3 in fiscal year 2005; and provided further, that said division shall not use any funds appropriated from the health care quality improvement trust fund for operating costs, including rent and utilities ....................................................................................................................................... $10,028,104

OFFICE OF DISABILITIES AND COMMUNITY SERVICES.

Massachusetts Commission for the Blind.

4110-0001
For the office of the commissioner and the bureau of research; provided, that the commissioner may transfer funds between items 4110-0001, 4110-1000, 4110-1010, 4110-1020, 4110-2000, 4110-2001, 4110-3010 and 4110-4000; provided further, that the amount transferred from any of the items stated herein shall not exceed 10 per cent of the total amount appropriated for that item; provided further, that 30 days prior to any such transfer, the commissioner shall submit an allocation plan detailing the distribution of the funds to be transferred to the house and senate committees on ways and means; and provided further, that amounts appropriated to the commission in fiscal year 2005 that extend or expand services beyond the level of services provided in fiscal year 2004 shall not annualize above the amounts in fiscal year 2006 .............................................................. $939,292

4110-1000
For the community services program; provided, that not less than $350,000 shall be expended from this item for the deaf-blind community access network; provided further, that not less than $500,000 shall be expended for the talking information center; provided further, that not less than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and provided further, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network ........................................................................................ $3,733,070

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 ................................................................................................. $321,461

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 ................ $8,074,775

4110-2001
For services to clients of the department who turn 22 years of age during state fiscal year 2005; provided, that the amount spent from this item shall not annualize to more than $522,000 in fiscal year 2006; 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 ...................................................................................... $297,000

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 .......................
$2,588,521

4110-4000
For the administration of the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to 3/4 of the salaries of current workshop employees; and provided further, that any funds received for goods and services purchased by private and public sector entities at Ferguson Industries shall be remitted to the General Fund .................................................................
$1,885,073

OFFICE OF DISABILITIES AND COMMUNITY SERVICES.

Massachusetts Rehabilitation Commission.

The Governor disapproved certain wording:
4120-1000
For the operation of the commission; provided, that the commissioner may transfer funds between items 4120-1000, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided further, that the amount transferred from any of the items stated herein shall not exceed 10 per cent of the total amount appropriated for that item; provided further, that 30 days prior to any such transfer, the commissioner shall submit an allocation plan to the house and senate committees on ways and means detailing the distribution of the funds to be transferred; provided further, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; 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 2004 shall not annualize above the amounts in fiscal year 2006 ................................... $409,264

4120-2000
For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally reimbursed state employees; provided further, that the commissioner, in making referrals to service providers, shall take into account the client's place of residence and the geographic proximity of the nearest provider to said residence; provided further, that not less than $100,000 shall be expended on special vocational projects in the Charlestown neighborhood of Boston for people with disabilities; and provided further, that not less than $155,000 shall be expended for services provided by the Life Focus Center in the Charlestown neighborhood of Boston ...................................................................... $7,459,207

4120-3000
For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided; provided further, that not less than $100,000 shall be expended on special projects in Charlestown for people with disabilities; and provided further, that not less than $305,000 shall be expended for the Charlestown Navy Yard Special Project for disabled adults ............................. $7,886,816

4120-4000
For independent living assistance service; provided, that not more than $858,000 shall be expended for assistive technology devices and training for individuals with severe disabilities; provided further, that not less than $25,000 will be used to assist the Living Independently for Equality, Inc. of Brockton; and provided further, that not less than $200,000 may be expended for the Center for Rehabilitation Engineering at the University of Massachusetts/Dartmouth .......... $7,520,512

4120-4001
For the housing registry for the disabled ..................................................................................... $83,754

4120-4010
For services to clients of the department who turn 22 years of age; provided, that the amount appropriated herein shall not annualize to more than $1,394,220 in state fiscal year 2006; and provided further, that nothing stated herein shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein ........................................................................................... $1,065,000

4120-5000
For homemaking services .......................................................................................................... $4,339,768

The Governor disapproved certain wording:
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, 2005, 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
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; provided further, that the commission shall expend funds on a 24-hour basis for persons with severe head injuries in western Massachusetts; and provided further, that not less than $50,000 shall be expended for the Cape Cod head injury program.......... $6,000,568

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 ..................$5,264,267

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 payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ..................................................................... $175,000

OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.

Office of Child Care Services.

The Governor disapproved certain wording:
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 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; 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 .................................................................. $1,395,164

4130-0002
For the administration of the Children's Trust Fund ..................................................................... $870,198

4130-0005
For field operations and licensing ............................................................................................... $7,106,933

4130-1000
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 parents under the age of 21 years; and provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents ............................................................................. $12,238,533

4130-2998
For child care quality expenditures; provided, that not less than $1,321,145 shall be expended for activities to increase the supply of quality child care for infants and toddlers; provided further, that not less than $234,248 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; and provided further, that no funds may be expended, obligated or transferred from this item prior to the submission of written certification by the commissioner to the house and senate committees on ways and means that all planned expenditures and allocations from this item shall have no fiscal impact beyond fiscal year 2005 ................................................... $4,158,403

4130-3050
For child care vouchers and contracted child care programs for low-income families; provided, that the employment services child care program for recipients of 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 18 currently enrolled in a job training program who would qualify for benefits under the 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 not less than 500 child care slots shall be reserved for children in the foster care program at the department of social services; provided further, that income-eligible child care programs shall be funded from this item; provided further, that not less than the same amount shall be spent on income eligible child care programs in fiscal year 2005 as was spent on these programs in fiscal year 2004; provided further, that child care for the children of teen parents receiving transitional aid to families with dependent children benefits, teen parents receiving supplemental security income payments and whose dependent children receive the aid, and teen parents at risk of becoming eligible for transitional aid to families with dependent children benefits shall be paid from this item; provided further, that all teens eligible for year-round full-time child care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations promulgated for the program of transitional aid, whether or not such teens are recipients of benefits from the program; provided further, that informal child care benefits shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for such services; provided further, that child care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to child care for all eligible individuals; and provided further, that all child care providers that are part of a public school system shall be required to accept child care vouchers from recipients funded through this appropriation .................................$278,936,661

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 ........................................................................................................ $10,043,732

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 .... $48,344,206

OFFICE OF DISABILITIES AND COMMUNITY SERVICES.

Soldiers' Home in Massachusetts.

4180-0100
For the maintenance and operation of the Soldiers' Home in Massachusetts located in the city of Chelsea, including a specialized unit for the treatment of Alzheimer's disease patients; provided, that graduates from the LPN school of nursing shall work in state -operated facilities for at least 1 year; provided further, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2004; and provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2005 ..................................................................................................................... $22,892,767

4180-1100
The Soldiers' Home in Massachusetts located in the city of Chelsea may expend revenues up to $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 the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers' Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued ....................... $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, the Maguder House and the Chapin Mansion; provided, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2004; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2005; and provided further, that in the operation of the outpatient pharmacy, the Soldiers' Home shall cover the cost of drugs prescribed at the Soldiers' Home, excluding the required co-payment, only when the veteran has no access to other drug insurance coverage, including coverage through the program authorized by section 39 of chapter 19A of the General Laws........................................ $16,658,929

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 may charge to users of the program; provided further, that no co-payments shall be imposed or required of any person which exceed the level of co-payments charged in fiscal year 2004; provided further, that no funds appropriated in this item shall be expended until the superintendent has submitted a report to the secretary and the house and senate committees on ways and means detailing projected expenditures for fiscal years 2005 and 2006 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, 2004; 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 Soldiers' Home's drug utilization review program for the first two quarters of fiscal year 2005; provided further, that said report shall be submitted not later than January 15, 2005; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ..................................................................................................................... $225,000

4190-1100
The Soldiers' Home in Holyoke may expend 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 said Soldiers' Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, 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, prior appropriation continued .......................................................... $163,000

The Governor disapproved certain wording:
4190-1101
The Soldiers' Home in Holyoke may expend revenues up to a maximum of $579,000 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 2005 from the resident fees; provided further, that funds shall only be expended on items directly related to patient care; provided further, that funds shall not be expended on office furniture or any other ancillary administrative expenses; and provided further, that the Soldiers' Home shall submit a quarterly report to the house and senate committees on ways and means on any expenditures made from this account ................................................ $579,000

Department of Youth Services.

The Governor disapproved certain wording:
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, 2005, detailing the caseload for all department programs funded in items 4200-0100, 4200-0200 and 4200-0300; provided further, that the department of education shall collaborate with the department of youth services to develop recommendations for a foundation budget for educational services provided to children in the care of the department of youth services; and shall submit recommendations to the secretary of administration and finance and the house and senate committees on ways and means by Dec 1, 2004 along with recommendations on how to fund these services within the parameters of chapter 70 aid or in some other manner as appropriate and shall include those recommendations in its fiscal year 2006 budget request; 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, 2005 on the status of educational resources at the department of youth services; provided further, that the report shall review teacher retention, compare salaries within the department to statewide averages and analyze the 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 ............................................. $4,526,404

4200-0100
For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated 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 ..... $20,141,916

4200-0200
For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated herein to items 4200-0100 and 4200-0300; and provided further, that 30 days before any transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer ................................................................................................ $18,907,464

4200-0300
For secure facilities, including purchase-of-service and state-operated programs incidental to the operations of the facilities; provided, that funds shall be expended for programs to address the needs of the female population including, but not limited to, the development of a stabilization unit and an independent living program, the enhancement of clinical services and at least 1 full-time female services coordinator; provided further, that 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 ...........................................$86,305,310

4200-0400
The department of youth services may expend an amount not to exceed $200,000 collected from federal reimbursements to fund internet services at institutional schools ................................................................................ $200,000

OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.
Department of Transitional Assistance.

The Governor disapproved certain wording:
4400-1000
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 2005 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 notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that under 21 U.S.C. section 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. section 862a, except that individuals incarcerated for a conviction which would otherwise be disqualifying under 21 U.S.C. section 862a(a) shall not be eligible for cash assistance funded through item 4403-2000 during the first 12 months after release from a correctional institution unless the individual qualifies for an exemption under subsection (e) of section 110 of chapter 5 of the acts of 1995 or a domestic violence waiver; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the division of medical assistance for a determination of eligibility under said chapter 118E; provided further, that the department shall continue policies to increase participation in the food stamp program; provided further, that funds shall be expended on investigating welfare fraud at the Lowell area office and that the department shall report no later than March 21, 2005 on the results of their investigation to the house and senate committees on ways and means; provided further, that not less than $250,000 shall be expended on services from the Food Source Hotline; provided further, that not less than $250,000 shall be expended for the food stamp outreach program; provided further, that the department may allocate funds, not to exceed $2,500,000 from this item to item 4400-1100 for the costs of the department's caseworkers; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and 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, 2004 on the extended office hours and placement of workers at community and human service organizations that the department has determined is feasible within the appropriation provided and that the department will provide in the current fiscal year .............

$65,844,080

4400-1025

For domestic violence specialists at local area offices .................................................................

$600,910

4400-1100

For the payroll of the department's caseworkers, provided that only employees of bargaining unit eight, shall be paid from this item; provided further, that the department may allocate funds, not to exceed $1,000,000 from this item to item 4400-1000 for the administrative costs of the department of transitional assistance ...............................

$51,500,000

4401-1000

For a program to provide employment and training services for recipients of benefits provided under the program of transitional aid to families with dependent children; provided, that certain parents who have not yet reached the age of 18, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws, but for the deeming of the grandparents' income, shall be allowed to participate in the employment services program; provided further, that funds from this item may be expended on former recipients of the program for up to 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 funds from this item shall be expended for the purposes of the young parents program, transportation costs, pre-employment skills training and education programs, and structured subsidized employment services; provided further, that the department of transitional assistance may use funds from this item and shall collaborate with the department of workforce development to access funding through Title I of the federal Workforce Investment Act to ensure that sufficient resources are available to provide substantive, pre-employment skills training, including training that integrates basic education and English as a second language instruction, to recipients of transitional aid to families with dependent children who are in need of such services; provided further, that funds from this item may also be expended for re-employment services, job search assistance, vocational training services, job retention services, adult basic education, graduate equivalency degree courses, English as a second language courses and training programs for persons with limited English proficiency, and emergency work-related expenses for recipients, including emergency transportation costs; provided further, that the department shall inform all recipients and applicants of the full range of programs and of skills training programs funded by Title I of the federal Workforce Investment Act accessible through the one-stop career centers and adult education programs funded by the department of education available under this program; provided further, that funds may be allocated from this item to other agencies for the purposes of this program; provided further, that within 90 days of a recipient without a high school degree or a graduate equivalency degree or proficiency in English who is subject to 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; and provided further, that all of this item is subject to appropriation and, in the event of a deficiency, nothing herein shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item ..... $18,998,978

4401-1100
Notwithstanding any general or special law to the contrary, the department of transitional assistance may expend reimbursements received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependent children ............. $3,000,000

4403-2000
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 2004; 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 2005, 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, 2004; provided further, that the children's clothing allowance shall be included in the standard of need for the month of September, 2004; 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, family-based child care, and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits and post-transitional benefits; provided further, that the department shall work with the 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 $418,074 shall be expended for the purposes of the operation of the Transportation Assistance Program operated by the Traveler's Aid Society; 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; and provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes .................................$317,762,806

4403-2001
For the Lift Transportation Program operated by the Traveler's Aid Society of Boston ................ $95,000

4403-2119
For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995 for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program .................................................................... $6,063,317

4403-2120
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; (vi) hotel and motel payments on behalf of homeless families; and (vii) voucher shelters; provided, that eligibility shall be limited to families with income at or below 100 per cent of the federal poverty level; provided, however, that any family whose income exceeds 100 per cent of the federal poverty level while the family is receiving assistance funded by this item, shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the 100 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow some or all of the portion of their income which exceeds 100 per cent of the federal poverty level; provided further, that any such escrowed funds shall be exempt from otherwise applicable asset limits; provided further that the family shall be allowed to withdraw the amount placed in escrow upon transition to permanent housing or losing eligibility for shelter services; provided further, that benefits under this item shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing under color of law in the United States; provided further, that the department shall take all steps necessary to enforce regulations to prevent abuse in the emergency assistance program; provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized; provided further, that no funds may be expended for heat or utility arrearages; provided further, that eligible households shall be placed in shelters as close as possible to their home community, unless a household requests otherwise; provided further, if the closest available placement is not within 20 miles of the household's home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date, unless the household requests otherwise; provided further, that the department may add up to 150 new units of scattered site shelter above those contracted for in fiscal year 2004 provided that these new units shall be used to reduce the population placed in hotels and motels, and upon a determination that this action shall not entail additional costs to the family shelter program; provided further, that these new units shall be located in areas of greatest need to facilitate placement of eligible families within 20 miles of their home communities; provided further, that the department shall report quarterly to the house and senate committees on ways and means on the status of efforts to increase the number of units of scattered site shelter above the number contracted for in fiscal year 2004, any barriers encountered to increasing the number of units of scattered site shelter and the plan of action or recommendations for overcoming any barriers encountered; provided further, that the department shall make every effort to insure that children receiving services from this item are able to continue attending school in the community in which they lived prior to receiving services funded from this item; provided further, that no hotel or motel stay funded from this item shall establish tenancy on the part of the family; 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 any general or special law to the contrary, 60 days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that 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; provided further, that nothing in the preceding proviso shall authorize the department to alter eligibility criteria or benefit levels, except to the extent that such changes are needed to avoid a deficiency in this item; provided further, that the department shall report quarterly to the house and senate committees on ways and means 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, the number of families receiving shelter who had previously accessed state-funded programs to reduce homelessness and the programs that had been accessed, the composition of families receiving shelter, the reason that the household is seeking emergency family shelter, the reasons that families exit shelter, including reasons for voluntary departure and termination, exiting families' housing plans, including type of housing arrangement, subsidy status, monthly rent, and gross monthly income, and any other information that the department determines to be necessary in evaluating the operation of the emergency assistance family shelters program;and 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 ............................................................................ $73,637,389

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 ........................... $203,272,025

4406-3000
For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to the homeless and indigent; provided further, that the department may allocate funds to other agencies for the purposes of this program; and provided further, that all organizations that received funds from this item in fiscal year 2004 shall receive funds from this item in the current fiscal year ............................................................................................................. $30,000,000

4408-1000
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 aliens or noncitizens otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year 1991; provided further, that the department may provide benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a medically determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual's capacity to support himself and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under 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 item promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted 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 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 this item to the contrary, 60 days before implementing any eligibility or benefit changes, or both, the commissioner shall file with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the proposed changes ................................................$70,079,481

OFFICE OF HEALTH SERVICES.

Department of Public Health.

4510-0099
The department may expend an amount not to exceed $6,000,000 in revenues collected from licensing, inspections and records for costs associated with the administration of the department ........................................ $6,000,000

4510-0100
For the operation of the department, the determination of need program, established under section 25C of chapter 111 of the General Laws, the health statistics program, including the operation of a cancer registry and occupational lung disease registry, and the continuation of the cardiac surgery data collection and validation program to collect and validate data from all hospitals in the commonwealth that perform open heart surgery; provided, that the position of assistant commissioner shall not be subject to chapter 31 of the General Laws; provided further, that funds may be expended for the weapons-related injury surveillance system; and provided further, that funds may be expended for the Massachusetts Violence Prevention Task Force ..................................$18,302,427

4510-0106
For the end of life care commission, established by section 480 of chapter 159 of the acts of 2000; provided, that not more than $75,000 shall be expended from revenues associated with grant and development activities
............................$75,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

4510-0110
For community health center services; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; 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, 2005; provided further, that not less than $50,000 shall be expended for the Cape Cod Free Clinic; provided further, that not less than $100,000 shall be expended for the Elder Health Center in Saugus; and provided further, that not less than $100,000 shall be expended for the Duffy Health Center .................................................................................................................. $4,631,635

4510-0150
For the managed care program at community health centers known as CenterCare; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that $225,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330 (f)(1) of the United States Public Health Service Act, 42 U.S.C. section 254c(f)(1); and provided further, that the department shall assist professional and nonprofit agencies dedicated to the advancement of the scope and nature of health care services delivered in communities by community health centers and to pursue available federal technical assistance funding ............................................................................................. $2,654,974

4510-0600
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 $150,000 shall be expended for a contract with the ALS Therapy Development Foundation to study the current level of research for the prevention and treatment of amyotrophic lateral sclerosis in the commonwealth; provided further, that $150,000 shall be expended for the ALS registry created by section 26 of chapter 140 of the acts of 2003; provided further, that $30,000 shall be expended for a renal disease program administered by the National Kidney Foundation of Massachusetts, Rhode Island and Vermont for nutritional supplements and early intervention services for those affected by renal disease and those at risk of renal disease; provided further, that not less than $100,000 shall be expended for the purposes for research and prevention activities associated with Lyme disease to be conducted by the Barnstable County Department of Health and the Environment; provided further, that not less than $14,800 shall be allocated to the Franklin Regional Council of Governments for costs associated with the regional public health program; provided further, that $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, 2005; provided further, that not less than $81,000 shall be expended for the maintenance of a statewide lupus database; provided further, that $50,000 shall be expended for the purpose of studying the public health impacts of TCE, benzene and other contaminants found in the Barnes and Southampton aquifers located within the towns of Southampton and Easthampton and the cities of Holyoke and Westfield; and provided further, that no funds appropriated in this item shall be expended for the purpose of siting or locating a low-level radio-active waste facility in the commonwealth .................................................................................................................................................. $3,146,865

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 $1,174,195 from fees collected from licensing and inspecting users of radioactive material within the commonwealth under licenses presently issued by the nuclear regulatory commission; provided further, that the revenues may be used for the costs of both programs, including the compensation of employees; 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 .................................................................................................................................. $1,324,195

4510-0616
For a drug registration and monitoring program; provided, that the department may expend an amount not to exceed $551,110 from revenues collected from fees charged to registered practitioners, including physicians, dentists, veterinarians, podiatrists and optometrists for controlled substance registration; provided further, that funds may be expended from this item for the costs of personnel; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ..................................................................................................................... $551,110

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

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 sections 51 and 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 said sections 51 and 72H of said 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; 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 2004; provided further, that the division shall continue to research and develop, in consultation with the nursing home industry and consumer representatives, appropriate confidential survey tools to assess consumer satisfaction in long-term care facilities; provided further, the division shall continue a comprehensive training, education and outreach program for nursing home administrators and managers and other supervisory personnel in long-term care to improve the quality of care in long-term care facilities; provided further, that the program shall promote the use of best practices, models of quality caregiving and the culture of workforce retention within the facilities and shall focus on systemic ways to reduce deficiencies; and provided further, that the department shall report to the house and senate committees on the results of the program not later than April 30, 2005 ........................................................................................................... $7,620,835

4510-0712
The department may expend an amount not to exceed $504,922 in revenues collected from the licensure of health facilities for program costs of the division of health care quality; provided, that the department may expend 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 ...................................................... $1,304,922

The Governor disapproved this section:
4510-0720
For a scholarship program for certified nurses' aide and direct care worker training; provided, that no funds shall be expended AA subsidiary for any personnel-related costs; provided further, that the department shall establish appropriate guidelines and application criteria for the administration of the program; provided further, that the scholarships shall cover the full cost of tuition to an approved certified nurses' aide or long-term care direct worker training program, including approved programs providing for cross-training; provided further, that funds may also be available to provide adult basic education and English as a second language training for applicants otherwise meeting criteria for the scholarships, as well as pilot training programs using enhanced curricula designed to support increased retention; provided further, that the department shall, in consultation with the nursing home industry, consumer groups, the department of labor and workforce development, the Commonwealth Corporation, training providers and other appropriate state and local agencies, conduct outreach regarding the availability of such scholarships; provided further, that the department shall consult with the scholarship program advisory council and the extended care career ladder initiative to review and recommend new training requirements for certified nurses' aides, home health aides and home care workers to improve the quality of the direct care workforce and the quality of care provided in all long-term care settings by developing skill standards, supporting the transition from training to work, improving retention, promoting portability, recognizing career advancement curricula and addressing language and education barriers; and provided further, that costs for outreach activities shall not exceed 3 per cent of the amount appropriated herein and administrative costs of the program shall not exceed 3 per cent of the amount appropriated herein ............................ $400,000

4510-0721
For the costs of personnel, administration, information technology, equipment, newsletter and other essential spending of the board of registration in nursing; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of such cases, the approximate number of cases assigned to each investigator, and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit each such report to the house and senate committees on ways and means, the joint committee on health care and the commissioner of the department of public health; provided further, that the board shall prepare a compilation of cases involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting health care providers, hospitals and pharmacies to modify their practices and techniques to avoid error; and provided further, that the board shall submit the compilation to the house and senate committees on ways and means, the joint committee on health care and the commissioner of the department of public health by January 4, 2005 and shall make the compilation widely available, including by electronic means, to the public and to all hospitals, pharmacies and health care providers doing business in the commonwealth ........................................................................... $1,502,263

4510-0722
For the costs of personnel, administration, newsletter, dues, travel, public information advertising, and other expenses of the board of registration in pharmacy; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of such cases, the approximate number of cases assigned to each investigator, and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit each such report to the house and senate committees on ways and means, the joint committee on health care and the commissioner of the department of public health; provided further, that the board shall prepare a compilation of cases involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting health care providers, hospitals and pharmacies to modify their practices and techniques to avoid error; and provided further, that the board shall submit said compilation to the house and senate committees on ways and means, the joint committee on health care and the commissioner of the department of public health by January 4, 2005 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 .......................................................... $477,689

4510-0723
For the operation and administration of the board of medicine and the committee on acupuncture; provided, that the board of registration in medicine shall prepare an annual report addressing its activities with respect to licensing, enforcement, law and policy, patient safety, and other relevant topics, including, but not limited to, the total number of cases referred to and reviewed by the board, the resolution of the cases, the approximate number of cases assigned to each investigator, any increases or decreases in cases referred to the board in the previous 6 months; a compilation of cases from its patient care assessment program describing incidents involving preventable medical error that resulted in harm to patient or health care provider for the purpose of assisting the providers, hospitals, and pharmacies to modify their practices and techniques to avoid error, and any other relevant topics; provided further, that the board shall submit the report to the general court, house and senate committees on ways and means and the joint committee on health care by January 4, 2005 and shall make the compilation widely available, including by electronic means, to the public; and provided further, that the board shall promulgate rules and regulations to coordinate their patient care assessment program with the boards of nursing and pharmacy .................................................................................................................................. $2,128,072

The Governor disapproved certain wording:
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 further, that the department of public health, in cooperation with the division of professional licensure, shall submit a plan to the house and senate committees on ways and means for transferring the boards of allied health professionals, podiatry, optometry, chiropractors, health officers, speech language pathology and audiology, dispensing opticians, psychologists, hearing instruments specialists and dieticians and nutritionists from the division of professional licensure to the department of public health not later than February 1, 2005; and provided further, that the plan shall consider current funding levels and shall propose no additional costs............................$401,742

4510-0726
The board of registration in medicine, including the physician profiles program, may expend revenues not to exceed $300,000 from new revenues associated with increased license and renewal fees; provided, that this amount shall be in excess of the amount prescribed in section 1B ............................................................................ $300,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
4510-0790
For regional emergency medical services; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that the regional emergency medical services councils, designated as such in accordance with 105 CMR 170.101 and the C-MED communications as of January 1, 1992, shall remain the designated councils and C-MEDs; provided further, that the department shall report quarterly on the number of investigations of ambulance services performed by said inspectors and by inspectors funded in items 4510-0710 and 4510-0712 as well as the number of investigations pending at the end of each quarter and the reasons therefore; provided further, that the department, in conjunction with the regional emergency services councils, notwithstanding section 27C of chapter 29 of the General Laws to the contrary, shall promulgate regulations to ensure that all basic, intermediate, and paramedic emergency medical technicians are certified to use and have available epinephrine for the emergency treatment of anaphylaxis; provided further, that the department shall report to the house and senate committees on ways and means not later than January 15, 2005 on the implementation of the certifications and availability of epinephrine; provided further, that the department shall widely disseminate this requirement to all relevant parties; and provided further, that funds shall be expended to provide continuous ambulance coverage and public safety personnel to mitigate adverse effects of the construction of the central artery and third harbor tunnel project in the city of Charlestown, pursuant to subsection (f) of chapter 479 of the acts of 1990 ............................ $1,246,896

4510-0810
For a statewide sexual assault nurse examiner program and for the care of victims of sexual assault; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; and provided further, that the program shall be established by the department to operate under specific statewide protocols and by an on-call system of nurse examiners .................................................................................................................................................. $733,409

4512-0103
For acquired immune deficiency syndrome services and programs; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that particular attention shall be paid to direct the funding proportionately amongst each of the demographic groups afflicted by HIV/AIDS; provided further, that funds shall be expended for rental housing subsidies for the purposes of preventing admissions to acute hospitals, chronic hospitals and nursing homes for persons with acquired immune deficiency syndrome; provided further, that the department may contract for the administration of this program; provided further, that the costs of this administrative contract shall not be expended from this item; provided further, that rents payable by tenants shall not be less than 30 per cent of total household income if heat and cooking fuel are provided by the landlord and shall not be less than 25 per cent of total household income if heat and cooking fuel are not provided; provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded on June 30, 1991; provided further, that the department shall not enter into any new housing contracts or expend funds for such new contracts in fiscal year 2005 that would fund units in excess of the number of units funded on June 30, 2004; provided further, that not less than $150,000 shall be expended for the Springfield Public Health Department; and provided further, that no funds from this item shall be expended for disease research in fiscal year 2005 .................................................................................................................................................. $31,644,099

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 division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that contracts shall not be awarded to those organizations providing services to non-Massachusetts residents; provided further, that the commissioner of public health shall ensure that funding is allocated in a manner that reflects the level of need among demographic groups; provided further, that not less than $50,000 shall be expended for the Louis D. Brown Peace Institute for homicide victims' family support services and anti-violence advocacy programs; provided further, that not less than $650,350 shall be expended for a contract with STEP Inc. for sobriety treatment, education and prevention; provided further, that not less than $75,000 shall be expended for the Tynan Community Center's Adolescence Wellness program in the city of Boston; provided further, that not less than $100,000 shall be expended for the South Boston Youth 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 less than $370,800 shall be expended to the Gavin Foundation 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 not less than $100,000 shall be expended for the Link House, Inc., in the town of Salisbury for purposes of establishing transitional housing for women in recovery from substance abuse; provided further, that $500,000 shall be expended for the 65-person recovery shelter run by the Pine Street Inn in the north Dorchester section of the city of Boston; provided further, that not less than $45,000 shall be expended in grants for the Framingham Coalition for the Prevention of Alcohol and Drug Abuse; 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 $9,445,052 shall be expended to provide Transitional Support Services with particular attention paid to allocating the funds proportionately amongst each of the demographic groups affected by alcohol and illicit drug addiction and dependence; provided further, that not less than $320,000 shall be expended for a contract with the Gavin Foundation to provide a total immersion program in conjunction with the probation department of South Boston division of the district court department of the trial court and other district courts; provided further, that $99,000 shall be expended for Self Esteem Boston; provided further, that not less than $90,000 shall be expended for Franklin Medical Center's Beacon Recovery program at the Orange Recovery House; provided further, that an additional $100,000 shall be expended for a contract with Bay Cove Human Services, Inc. for the purpose of establishing an independent licensed halfway house in Charlestown, in collaboration with the Charlestown Recovery House, Inc. for persons in recovery from alcoholism and chemical dependency; provided further, that not less than $90,000 shall be expended for a batterer prevention program in the city of New Bedford; provided further, that not less than $99,925 shall be expended for Latinas Y Ninos to provide a full-time child advocate parent educator specialist to attend to the needs of Latino women in recovery with a focus on pregnant women, new parents, and mothers recently reunified with their children; provided further, that not less than $250,000 shall be expended for the Latino After School Initiative; provided further, that not less than $100,000 shall be expended for the Springfield Catchment Area with the Northern Educational Services, Inc. (NES), as the lead agency; provided further, that not less than $50,000 shall be expended for the REACH program; provided further, that not less than $60,000 shall be provided to Project COPE, Inc., in Lynn for the prevention and education of the problems associated with OxyContin and heroine use; provided further, that not less than $50,000 shall be expended for the New Beginnings program; provided further, that $100,000 shall be expended for a special commission relative to eliminating cervical cancer in the commonwealth, consisting of seventeen members, including five members appointed by the Speaker of the House, at least one of whom shall also be a member of the Massachusetts Caucus of Women Legislators, five members appointed by the President of the Senate, at least one of whom shall also be a member of the Massachusetts Caucus of Women Legislators, five members appointed by the President of the Senate, at least one of whom shall also be a member of the Massachusetts Caucus of Women Legislators, and seven members appointed by the Governor, including one member from the American Cancer Society, one representative of a women's health organization, one member of the health insurance industry, one member of the American College of Obstetrics and Gynecology, the State Epidemiologist, and two members at large; provided further, that the chair of said commission shall be appointed by the Speaker of the House and shall be a member of the Massachusetts Caucus of Women Legislators, and the vice-chair of said commission shall be the Chair for the Health Care Committee; provided further, that said commission shall have the following duties: (1) to undertake a statistical and qualitative examination of the prevalence and burden of cervical cancer; (2) to raise public awareness on the causes and capture of cervical cancer, personal risk factors, value of prevention, early detection, option for testing, treatment costs, new technology, medical care reimbursement, and physician education; (3) to identify priority strategies, new technologies, or newly introduced vaccines which are effective in preventing and controlling the risk of cervical cancer; (4) to identify and examine the limitations of existing laws, regulations, programs and services with regard to coverage and awareness issues for cervical cancer and (5) to receive and to consider reports and testimony from individuals, local health departments, community-based organizations, voluntary health organizations, and other public and private organizations statewide to learn more about contributions to cervical cancer diagnosis, prevention, and treatment and more about improving cervical cancer prevention diagnosis, and treatment in the commonwealth; and provided further, that said commission shall report to the clerk of the house of representatives and to the house and senate committees on ways and means the results of its investigation and study and its recommendations on or before the fourth anniversary of the commission's establishment .............. $36,587,349

4512-0225
The department of public health may expend for a compulsive gamblers' treatment program an amount not to exceed $654,942 from unclaimed prize money held in the State Lottery Fund for more than 1 year from the date of the drawing when the unclaimed prize money was won, and from the proceeds of a multi-jurisdictional lottery game under subsection (e) of section 24A of chapter 10 of the General Laws; provided, that the state comptroller shall transfer the amount to the General Fund ............................................................................................................................ $654,942

The Governor disapproved certain wording:
4512-0500
For dental health services; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that of the amount appropriated in this item, funds shall be expended to maintain a program of dental services for the developmentally disabled; provided further, that not less than $122,000 shall be allotted to the Doherty Dental Health Clinic in the city of Taunton for the basic dental needs of moderate and low income residents of Southeastern Massachusetts; and provided further, that the department shall submit to the house and senate committees on ways and means a quarterly report on the number of children served by this dental health services program and the number of children waiting to be served by the program .......................................................................................... $1,556,150

4513-1000
For the operation of the bureau of family health services; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that funds shall be expended on family planning clinics, rape crisis centers and primary care services for women and children; provided further, that the amount appropriated herein shall be allocated in the same proportion of the allocation of funds appropriated in this item in fiscal year 2003; provided further, that not less than $450,000 shall be directed to community health centers to provide maternal-child health services through combined primary care; provided further, that not less than $50,000 shall be expended for the Molly Bish Institute for Child Safety at Mount Wachusett Community College; provided further, that $50,000 shall be expended for Falmouth Family Planning; provided further, that not less than $120,000 shall be expended for the public health model of community engagement and intervention for sexual violence and intimate partner violence in the homosexual male community; and provided further, that of the amount appropriated in this item, funds may be expended for rape prevention and victim services, including the statewide Spanish language hotline for sexual abuse, family planning services, the Northeastern University conflict resolution program, Latinas y Ninos and statewide suicide and violence prevention outreach to gay and lesbian youth ............... $7,010,000

4513-1002
For women, infants and children's (WIC) nutrition services in addition to funds received under the federal nutrition program; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that all new WIC cases, in excess of fiscal year 1991 caseload levels, shall be served in accordance with priority categories 1 through 7, as defined by the state WIC program; and provided further, that not less than $680,000 shall be expended for the Growth and Nutrition Program ............................................................................................................... $12,571,048

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

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
4513-1020
For the early intervention program; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that the department shall report quarterly to the house and senate committees on ways and means the total number of units of service purchased and the total expenditures for the units of service paid by the department, the 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, 2005; provided further, that no claim for reimbursement made on behalf of an uninsured person shall be paid from this item until the program receives notice of a denial of eligibility for the MassHealth program from the 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 in this item .................................................................................................................................................. $29,270,778

4513-1023
For the costs associated with the implementation of the universal newborn hearing program; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; and provided further, that the funds appropriated in this item shall be expended for the notification of and follow through with affected families, primary care providers and early intervention programs upon the department's receipt of data indicative of potential hearing disorders in newborns ............................$83,060

The Governor disapproved this section:
The Legislature overrode the Governor's veto:
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 no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that the department, in coordination with the department of mental health, shall provide grant funds for locally targeted suicide prevention, intervention and postvention 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 postvention activities shall be targeted toward family and friends of individuals who have attempted or completed suicide; provided further, that postvention 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, postvention, and surveillance activities not later than June 30, 2005 ........ $250,000

4513-1112
For a prostate cancer screening, education and treatment program; provided, that screening, education and treatment shall have a particular focus on the high rate of prostate cancer among African American males; and provided further, that no funds shall be expended in the AA subsidiary for any personnel-related costs .............................. $1,000,000

4513-1114
For the purposes of the Hepatitis C program, including mitigating the effects of Hepatitis C; provided, that no employees shall be paid from this item; provided further, that funds shall be expended to increase public awareness and provide health care provider information; provided further, that awareness efforts shall be presented in multiple languages and in a culturally appropriate manner where applicable; provided further, that hepatitis C prevention, counseling and testing and case management services shall be integrated into existing substance abuse, HIV/AIDS and STD service programs; and provided further, that funds herein shall supplement, and not supplant, funding for such purposes in item 4580-1000 ............................ $562,876

4513-1115
For a multiple sclerosis screening, information, education and treatment program; provided, that no state employees shall be paid from this item; and provided further, that funds appropriated in this item shall be expended for the Multiple Sclerosis Home Living Independently Navigating Key Services program administered by the Central New England Chapter of the National Multiple Sclerosis Society to maximize matching dollars from the Society, to be used exclusively for the purposes of the program .............................................................................................................................. $162,368

The Governor disapproved this section:
4513-1121
For a statewide stroke education and public awareness program; provided, that no employees shall be paid from this item; provided further, 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 not later than June 30, 2005............................$300,000

4516-0263
The department of public health may expend an amount not to exceed $1,486,551 in revenues from various blood lead testing fees collected from insurers and individuals, for the purpose of conducting such tests; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system ..................................................................................................................... $1,486,551

4516-1000
For the administration of the center for laboratory and communicable disease control, including the division of communicable venereal diseases, the division of tuberculosis control and the state laboratory institute; provided, that the department shall give priority to the analysis of samples used in prosecution of controlled substances offenses; provided further, that funds shall be expended for an eastern encephalitis testing program and for tuberculosis testing and treatment services; provided further, that no funds appropriated in this item shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded herein; provided further, that funds from this item may be expended for the purchase of equipment for the drug laboratory at the state laboratory institute; provided further, that not less than $240,000 shall be expended for the maintenance of the statewide rabies control program coordinated by the department of public health providing assistance to cities, towns and the public, and for the interagency collaboration through the rabies advisory committee, the 24-hour epidemiological and clinical consultation for rabies exposures, the rapid laboratory diagnostic services 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; and provided further, that funds from this item may be expended for the purpose of an interagency service agreement with the University of Massachusetts Medical School for the department's share of the cost of occupancy, including the cost of facility support personnel, for the state laboratory institute ............................ $9,701,774

4516-1022
The department may expend an amount not to exceed $300,000 generated by fees collected from insurers for tuberculosis tests performed at the state lab; provided, that revenues collected may be used to supplement the costs of the state lab; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................$300,000

4518-0200
The department may expend an amount not to exceed $261,687 generated by fees collected from the following services provided at the registry of vital records and statistics: amendments of vital records, all requests for vital records not issued in person at the registry and research requests performed by registry staff at the registry; provided, that revenues so collected may be used for all program costs, including the compensation of employees; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .............................................. $261,687

4530-9000
For teenage pregnancy prevention services; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that applications for such funds shall be administered through the department upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by the department; provided further, that portions of the grants may be used for state agency purchases of designated services identified by said community service plans; and provided further, that $450,000 shall be expended on those communities with the highest teen birth rates, including Holyoke, Chelsea, Lawrence, Springfield, Lowell, Lynn and New Bedford; provided further, that $100,000 shall be expended for teen pregnancy prevention services in the town of Orange; provided further, that not less than $15,000 shall be expended on Girls, Inc. in the city of Lynn; provided further, that not less than $150,000 shall be expended for the Berkshire Coalition to Prevent Teen Pregnancy program in Berkshire County; and provided further, that not less than $250,000 shall be expended for the abstinence-based teen pregnancy prevention programs in the cities of North Adams and Pittsfield ................................................................... $990,000

4570-1500
For an early breast cancer detection program, mammographies for the uninsured, and a breast cancer detection public awareness program; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs ............................$3,029,488

4580-1000
For the universal immunization program and the purchase and distribution of the pneumococcal conjugate vaccine; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; and provided further, that no funds appropriated in this item shall be expended for administrative or energy expenses of the department not directly related to programs funded herein ............................................................................................................. $25,052,068

4590-0250
For school health services and school-based health centers in public and non-public schools; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs; provided further, that services shall include but not be limited to:(1) strengthening the infrastructure of school health services in the areas of personnel and policy development, programming, and interdisciplinary collaboration; (2) developing linkages between school health services programs and community health providers, and (3) incorporating health education programs, including tobacco prevention and cessation activities in school curricula and in the provision of school based health services and (4) incorporating obesity prevention programs, including nutrition and wellness programs in school curricula to address the nutrition and lifestyle habits needed for healthy development; provided further, that not more than $250,000 shall be expended for the governor's commission on gay and lesbian youth; provided further, that $99,000 shall be expended to the H.E.L.P. Program for black males health; provided further, that not less than $12,000,000 shall be expended for school nurses and school based health centers; provided further, that not less than $200,000 shall be expended for Berkshire Area Health Education Center, Inc. for support and implementation of model community coalitions and community capacity building activities; and provided further, that said services shall meet standards and eligibility guidelines established by the department of public health in consultation with the department of education ............................................................................................... $14,002,966

The Governor reduced the following item by $1,215,000
The Legislature overrode the Governor's veto:
4590-0300
For smoking prevention and cessation programs; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs .............................................................................................................. $3,750,000

4590-0301
The department of public health may expend an amount not to exceed $6,000,000 generated from revenues received from the collection of federal financial participation for the school health services program; provided, that the revenue shall be directed toward additional resources for the school health services program ................................ $6,000,000

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
4590-0912
The department may expend an amount not to exceed $13,928,310 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 for administration and finance; provided further, that such reimbursement shall not exceed 10 per cent of total personnel costs for the hospital; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded herein ............................................................................................................................ $13,928,310

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 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
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 the 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 in this item; provided further, that Tewksbury state hospital shall not be used to house county, state, or other prisoners; provided further, that the department shall take no action to reduce or realign the client population and services at Tewksbury hospital unless such action results in alternative service delivery in an appropriate and cost-effective method of care; provided further, that staffing configurations at Tewksbury hospital shall be consistent with the client population and service realignment; provided further, that Tewksbury State Hospital shall provide $30,000 of given funds for chaplain services; 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 ............................$112,476,305

OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.

Department of Social Services.

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 the latter department forwards an assessment and recommendation as to whether the child or adolescent may be appropriately placed in foster care or, if due to severe emotional disturbance, is more appropriate for group care; provided further, that the department, in consultation with the department of mental health, shall establish guidelines to assist the latter department in making such assessments and recommendations; provided further, that unless otherwise authorized, all funds including federal reimbursements received by the department shall be credited to the General Fund; and provided further, that not less than $900,000 shall be expended for the continuation of auto expense reimbursement programs for social workers in the department of social services .......................... $66,143,185

4800-0025
For foster care review services .................................................................................................. $2,643,900

4800-0036
For a sexual abuse intervention network program to be administered in conjunction with the district attorneys; provided, that each district attorney shall receive not less than the amount it received in the previous fiscal year for the sexual abuse intervention program .................................................................................................................. $701,198

The Governor disapproved certain wording:
4800-0038
For stabilization, unification, reunification, permanency, adoption, guardianship, and foster care services provided by the department of social services; provided, that services funded through this item shall include shelter services, substance abuse treatment, family reunification networks, young parent programs, parent aides, education and counseling services, family preservation services, foster care, adoption and guardianship subsidies, tiered reimbursements used to promote the foster care placement of children with special medical and social needs, assessment of the appropriateness of adoption for children in the care of the department for more than 12 months, protective services provided by partnership agencies, targeted recruitment and retention of foster families, respite care services, post-adoption services, support services for foster, kinship and adoptive families and juvenile firesetter programs; provided further, that any child who would have been eligible for a clothing benefit under regulations in place on January 1, 2004 shall receive a clothing benefit in fiscal year 2005; provided further, that not less than $500,000 shall be expended on the recruitment and retention of foster parents; provided further, that not less than $5,000,000 of the funds appropriated herein shall be expended to increase daily rates paid to foster care, adoptive and guardianship families to increase said rates to the level recommended by the United States Department of Agriculture; provided further, that the commissioner of the department of social services shall file a report with the house and senate committees on ways and means no later than September 1, 2004 on the implementation of said rate increase, the amount the rates will be adjusted by service type and age group, and any other information said commissioner deems necessary; 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 $348,850 shall be expended for Latinas y Ninos and Casa Esperanza; provided further, that not less than $300,000 shall be expended for Summerhill House in Norwood; provided further, that not less than $298,000 shall be expended for alternative schools for students aged 14 to 16, inclusive, who are placed before the court on child in need of services petitions in region 6; provided further, that not less than $295,000 shall be expended for Massachusetts Families for Kids; provided further, that not less than $257,000 shall be expended for a contract for an integrated family services team in region 6; provided further, that not less than $250,000 shall be expended for the Laboure Center in South Boston; provided further, that not less than $200,000 shall be expended for a statewide contract with Northeastern University for a violence prevention and conflict resolution program; provided further, that not less than $200,000 shall be expended to support the family center component of the Greater Lowell Family Resource Center; provided further, that not less than $150,000 shall be expended in region 1 for a community-based family unification counseling program to prevent juvenile delinquency; provided further, that not less than $150,000 shall be expended for a contract with Julie's Family Learning program in the South Boston section of the city of Boston; provided further, that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for expansion of a year-round school-based program in Boston high schools and middle schools for pregnant teens, young mothers and fathers and other youth at high-risk for school dropout; provided further, that not less than $130,000 shall be expended for the Children's Cove Cape and Islands Child Advocacy Center; provided further, that not less than $104,123 shall be provided for the school-age parenting project at Framingham High School; provided further, that not less than $100,000 shall be expended for the operation of the Healthy Families program; provided further, that not less than $99,000 shall be expended on a juvenile firesetters program; provided further, that not less than $50,000 shall be expended for the purpose of providing case management services for the Amity Transitional Housing program in the city of Lynn; provided further, that not less than $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 said department; 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 not less than $20,000 shall be expended for the Massachusetts Association of Portuguese Speakers in Cambridge; provided further, that not less than $20,000 shall be expended for the Haitian Coalition of Somerville; provided further, that not less than $20,000 shall be expended for the Concilio Hispano in Somerville; and provided further, that not less than $15,000 shall be expended for a contract with child and family services of Cape Cod for the court diversion program; ...................................................................................................... $261,626,384

The Governor disapproved certain wording:
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 provide quarterly reports detailing the number of children diverted from residential settings, the programs in which they were placed, the associated cost savings from the diversion and any other measurements that would help assess the success of these programs in promoting the health and well-being of children; and provided further, that the department shall maintain a managed care network for the Commonworks program ............................ $217,070,016

4800-0091
The department of social services may expend revenue from federal reimbursements received under Title IV-E of the Social Security Act during fiscal year 2005 for the purposes of developing a training institute for professional development of social workers at the department of social services, with the University of Massachusetts Medical School and Salem State College; provided, that for the purposes off accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $3,000,000 shall be credited to the General Fund; and provided further, that no funds shall be expended from this item for any information technology purchases, lease-purchases or the Family-Net System in fiscal year 2005 ............................ $3,000,000

4800-0151
For a program to provide alternative overnight nonsecure placements for status offenders and nonviolent delinquent youths up to the age of 17 in order to prevent the inappropriate use of juvenile cells in police stations for such offenders, in compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974; provided, that the programs which provide such alternative nonsecure placements shall collaborate with the appropriate county sheriff's office to provide referrals of those offenders and delinquent youths to any programs within the sheriff's office designed to positively influence youths or reduce, if not altogether eliminate, juvenile crime .......................................................... $307,127

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 ............................$133,388,750

4800-1400
For shelters and support services for people at risk of domestic violence; provided, that the department shall pursue the establishment of public-private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that services shall include supervised visitation programs, certified batterer intervention programs for indigent batterers and their families, and scattered site transitional housing programs, including programs to assist victims of domestic violence in finding and maintaining permanent housing; provided further, that participants in battered women's programs shall be provided with information regarding local transitional housing resources; provided further, that funding shall be made available to enhance counseling services for children who have witnessed domestic violence; provided further, that funding shall be made available for emergency shelters for substance abusing battered women; provided further, that funding shall be made available for a statewide domestic violence hotline; provided further, that procurement of services for immigrant and refugee victims shall be coordinated with the department of public health; provided further, that not less than $200,000 shall be expended for the women's shelter operated by SMOC of Massachusetts at the People in Peril shelter in the city of Worcester; provided further, that not less than $90,000 shall be expended for the New England Learning Center for Women in Transition Survivor's Project in Berkshire, Hampden, Franklin and Hampshire counties; provided further, that not less than $60,000 shall be expended for the Planned Learning Achievement for Youth program in Amherst in collaboration with the department of education through an interagency service agreement; provided further, that not less than $50,000 shall be expended for a domestic violence prevention program called Teens-At-Risk, operated by Portal of Hope for the communities of Everett, Lynn, Malden and Medford; provided further, that not less than $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 $50,000 shall be expended for the On the Rise shelter for homeless women in the city of Cambridge; provided further, that not less than $15,000 shall be expended for the Words not Weapons mentoring project in Saugus; provided further, that not less than $10,000 shall be expended for the Melrose Alliance Against Violence; provided further, that domestic violence prevention specialists shall be funded from this item; and provided further, that not less than $10,000 shall be expended for the domestic abuse response team which serves Ipswich District Court. ........................................................................................................................... $19,669,292

OFFICE OF HEALTH SERVICES.

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 ......................................................................... $35,376,100

The Governor disapproved certain wording:
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 the department shall submit a report to the house and senate committees on ways and means not later than January 15, 2005 on the results of the collaboration between the department and the other departments within the executive office of health and human services; provided further, that the report shall detail the current status of the implementation of clinically appropriate service models for that population of children and adolescents, remaining disparities in the service system which require children and adolescents to be served in unnecessarily restrictive or otherwise clinically inappropriate settings and changes during fiscal years 2003 and 2004 in the clinical acuity of children and adolescents; provided further, that not less than $2,500,000 shall be expended for the Child Psychiatric Access project; and provided further, that not less than $1,800,000 shall be expended from this item in fiscal year 2005 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 ............................$68,573,272

The Governor disapproved certain wording:
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; provided further, that funds spend from this item for the purposes of research in fiscal year 2005 shall not be less than the amount spent in fiscal year 2004 for such purposes; and provided further, that the department shall report to the house and senate committees on ways and means on the distribution of funds per adult and child planning population and the types of services received in each region for fiscal year 2005 not later than February 1, 2005 ......................................................................................................................................... $274,355,702

5046-2000
For homelessness services; provided, that not less than $90,000 shall be expended for the provision of health services to the homeless and uninsured by Primary Care and Mental Health, Inc. located in the city of Lynn ...... $22,182,363

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

The Governor disapproved certain wording:
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 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, 2005, on the utilization of said emergency programs and acute inpatient beds by clients of the department during each month of fiscal year 2004; 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 2004; 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 section 2 of chapter 26 of the acts of 2003 during fiscal year 2004 for said acute inpatient care and emergency services .......................................... $31,485,703

The Governor disapproved certain wording:
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 $4,500,000 from increased federal reimbursements collected for services rendered in emergency programs and acute inpatient and diversionary settings; provided, that not less than an additional $2,500,000 from the reimbursements shall be deposited in the General Fund by the close of fiscal year 2005; 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 in 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 payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the department shall submit a report to the house and senate committees on ways and means not later than February 3, 2005 detailing the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served, the types of services purchased by region and the annualized impact of the expenditures in the subsequent fiscal year ............................ $4,500,000

5055-0000
For forensic services provided by the department ....................................................................... $6,028,399

5095-0015
For the operation of adult inpatient facilities, including the community mental heath centers; provided, that in order to comply with the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close psychiatric hospitals managed by the department and shall endeavor within available resources to discharge clients residing in the inpatient facilities to residential services in the community when the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed facility; provided further, that no action to reduce the client population of the Worcester or Westboro facilities for the sole purpose of closing the hospital shall be undertaken, and no steps shall be taken to close the institution through attrition, layoffs or any other means until a study of the hospital building plan is completed and the General Court shall have approved the closure of Worcester State Hospital and Westboro State Hospital; provided further, that no closure shall be approved by the General Court without the notification and consultation of the Westboro municipal officials; 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 ............... $151,932,242

OFFICE OF DISABILITIES AND COMMUNITY SERVICES.

Department of Mental Retardation

5911-1000
For the administration of the department of mental retardation; provided, that the department shall not charge user fees for transportation or community day services; provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications of requests for transfer of guardianship; and provided further, that $99,000 shall be expended for the hiring of a consultant by the majority vote of the Fernald Re-Use Committee established in section 678 of chapter 26 of the acts of 2003 for the purposes of asset assessment and re-use development proposal ............................................................................................................... $13,102,349

5911-2000
For transportation costs associated with the adult services program; provided, that the department shall provide transportation on the basis of priority of need as determined by the department; provided further that not less than $109,522 shall be expended from this item for the Life Focus Center in the Charlestown section of the city of Boston ............................$13,782,367

The Governor disapproved certain wording:
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 .................................................................................................................................................. $52,316,518

5920-2000
For vendor-operated community-based residential adult services, including intensive individual supports; provided, that $9,520,000 shall be expended in annualized funding for turning 22 clients who began receiving the services in fiscal year 2004 pursuant to item 5920-5000 of section 2 of chapter 26 of the acts of 2003; provided further, that $8,250,000 shall be expended for the fiscal year 2004 annualized cost of the settlement agreement Rolland vs. Cellucci, so-called, and $5,000,000 shall be expended for the fiscal year 2005 cost of the settlement; provided further, that the commissioner of the department of mental retardation shall transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail by 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 less than $275,000 of additional funding be provided to Advocates, Inc. for residential services provided under contract #26604660343; provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2005; provided further, that not less than $50,000 shall be expended for the Advocacy Resource Center in New Bedford to provide critical family support services in the area of community-based resident education for special needs children; provided further, that an additional $304,000 shall be expended on a contract with Work, Inc. for enhance or expanded services to clients; provided further, that not less than $500,000 shall be expended for Best Buddies Massachusetts ; and provided further, that not less than $100,000 shall be allocated for Special Olympics for the purpose unified sports ............................$476,614,523

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 ...................... $113,269,640

The Governor disapproved certain wording:
5920-2020
For compliance with the terms of the Settlement Agreement, dated December 19, 2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000; provided, that notwithstanding paragraph 41 of the Settlement Agreement for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts, no amount appropriated in this item shall fund attorneys' fees for the above-referenced action; provided further, that the department shall issue a report to the house and senate committees on ways and means on the use of funds for services to Boulet class members no later than February 1, 2005; provided further, that the department shall submit copies of Exhibit F of the quarterly reports required by Section G of the 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 the 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 the information .............................. $70,000,000

5920-2025
For community-based day and work programs for adults and for $2,720,000 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2004 pursuant to item 5920-5000 of section 2 of chapter 26 of the acts of 2003; provided further, that not less than $302,000 shall be expended for the life focus center in the Charlestown section of the city of Boston, including an alternative work program ....................................................................... $109,171,278

5920-3000
For respite services and intensive family supports and for $1,360,000 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2004 pursuant to item 5920-5000 of section 2 of chapter 26 of the acts of 2003; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services; and provided further, that not more than $50,000 be expended for the Friendship Home Project in Norwell ................ $48,800,000

The Governor disapproved certain wording:
5920-5000
For services for clients of the department who turn 22 years of age during state fiscal year 2005; provided, that the amount appropriated herein shall not annualize to more than $13,600,000 in fiscal year 2006; provided further, that the department shall report to the house and senate committees on ways and means not later than January 1, 2005, 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
For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin Regional Center; provided, that in order to comply with the provisions of the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close intermittent care facilities for the mentally retarded, hereinafter "ICF/MRs", managed by the department and shall endeavor, within available resources, to discharge clients residing in the ICF/MRs to residential services in the community if the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in ICF/MRs; provided further, that any client transferred to another ICF/MR as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed ICF/MR; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative, including both past actions and proposed future actions; provided further, that the report shall include progress on the plan for the closure of the Fernald Developmental Center; provided further, that the report shall include: the number of clients transferred from facility care into the community, the community supports provided to clients discharged from facility care into the community and the current facility bed capacity relative to the number of clients in ICF/MRs managed by the department; provided further, the report shall also include steps being taken to help minimize increases in travel distances for family members visiting clients at ICF/MRs resulting from the transfer of clients from one ICF/MR to another; provided further, that the department shall submit the report no later than February 15, 2005; provided further, that the Fernald Development Center shall not be closed prior to October 2005 to ensure adequate community, client, and family member input into the closure planning process; provided further, that the department of mental retardation shall submit a plan regarding the closure of the Fernald State School by January 1, 2005 to the house and senate committees on ways and means; provided further, that said plan shall detail the transition of clients from said school to appropriate settings; provided further, that the plan shall include consideration for the transition of employees of said school into community setting with their clients in order to ensure continuity of service wherever possible; provided further, that said plan shall be subject to the approval of the house and senate committees on ways and means; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item .................................................. $160,220,259

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, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system ............................$100,000

EXECUTIVE OFFICE OF TRANSPORTATION

Office of the Secretary.

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto
6000-0100
For the office of the secretary of transportation; provided, that the office shall collaborate with the department of transitional assistance in its efforts to develop a program of transportation services for current and former recipients of the transitional aid to families with dependent children program pursuant to item 4401-1000; provided further, that the office shall submit to the joint committee on transportation and the house and senate committees on ways and means monthly reports detailing projects funded through the statewide transportation improvement program including, but not limited to, the location of the projects, the cost of the projects, the date of advertisement of the projects, the commencement date of the projects, the projected completion date of the projects and the source of funds for the projects; provided further, that the office shall also provide the committees with quarterly reports detailing construction and reconstruction projects on town and county ways as described in paragraph (a) of clause (2) of the first paragraph of section 34 of chapter 90 of the General Laws for which municipalities are projected to seek, have filed claims or have been paid state reimbursement; provided further, that a city or town shall comply with the procedures established by the secretary to obtain the necessary information to produce the reports; provided further, that the reports shall include, but not be limited to, the cost of the projects by city or town, the source of funding of the projects by city or town and the commencement and completion dates of the projects by city or town; provided further, that the secretary of the executive office of transportation, in collaboration with the commissioner of highways, shall file a report each year with the joint committee on transportation and the house and senate committees on ways and means by June 30, 2005 and the last day of each subsequent fiscal year; provided further, that the report shall include spending in the commonwealth through the statewide road and bridge program, the Chapter 90 program, the Small Town Road Assistance Program and all other programs expending funds for road and bridge projects within the commonwealth; provided further, that the report shall detail the location of the project by city or town, a brief project description, the project cost, the expected completion date, the source of funding and any other information deemed necessary; provided further, that the office shall submit to the house and senate committees on ways and means quarterly reports detailing all personnel-related expenditures made from capital funds; provided further, that the reports shall delineate for the executive office and for each agency, board, authority or commission under its control, the amounts paid in the prior quarter as compensation for each type of position assigned to capital projects that were charged to each such funding source; provided further, that the reports shall also delineate by funding source any other amounts paid for personnel-related costs that were charged to those funds, including payroll allocations for budgetary employees, fringe recovery and other chargebacks; provided further, that the reports shall identify the number of full time equivalent personnel classified in each position type; provided further, that the reports shall list all employees who are paid from this item and items 6010-0001, 6010-0002 and 6006-0003 who also receive payments from any capital funds; provided further, that the reports shall include for each of those employees how much money the employees receive from the items and how much money each employee receives from any capital funds; provided further, that the reports shall delineate the information for full-time employees, part-time employees and contracted personnel; provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepart mental service agreements; provided further, that notwithstanding the provisions of any general or special law to the contrary, the secretary and the department of highways shall proceed on the Route I-95/I-93 (Route 128) Transportation Improvement Project including the Route I-95/I-93 interchange located in the towns of Canton, Dedham and Westwood by using the design/build method of public construction procurement and delivery; provided further, however, that the general contractor and designer selected to perform the project shall be selected through a competitive process; and provided further, that the general contractor and the designer shall be pre-qualified by the department of highways to perform the work required ............................$199,638

Highway Fund ............................................................................................................. 100.0%

6000-0110
For the purpose of property management and maintenance of railroad properties owned by the executive office of transportation on behalf of the commonwealth, including the cost of personnel; provided, that the office may expend an amount not to exceed $27,344 from the rents and fees received pursuant to section 4 of chapter 161C of the General Laws .................................................................................................................................................. $27,344

The Governor reduced the following item by $1,000,000
The Legislature overrode the Governor's veto:
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, 2004 and ending June 30, 2005, may enter into contracts with the authorities; provided further, that notwithstanding section 152A of chapter 161, and section 23 of chapter 161B of the General Laws, the amount shall be at least 50 per cent and up to 75 per cent of the net cost of service of each authority incurred in fiscal year 2004 shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that the share assessed upon the cities and towns shall be at least 25 per cent of the net cost of service; provided further, that in the event that 25 per cent of the net cost of service of each authority exceeds 102.5 per cent of the previous year's local assessment, excluding payments made by cities and towns for the costs of new service, for which the cities and towns have not previously been assessed, as allowed by chapter 580 of the acts of 1980, the regional transit authority shall reduce its operating expenses or increase its revenues to meet the difference; provided further, that operating expenditures of each of the regional transit authorities for fiscal year 2005 shall not exceed 102.5 per cent of its operating expenditures for fiscal year 2004; provided further, that for the purposes of this item, operating expenditures shall not include federal, private or additional municipal non-state revenue sources or any expenses arising from the provision of services required by the Americans with Disabilities Act, or new services implemented after July 1, 1999 in an amount not to exceed a total of $3,613,905 for the 15 regional transit authorities; provided further, that the new services must have first received approval of the appropriate regional transit authority advisory board; provided further, that not less than 25 per cent of the net cost of service of the new services shall be assessed to the cities and towns of the appropriate transit authority, as detailed previously in this item; provided further, that each regional transit authority which provides the new services must file a report with the house and senate committees on ways and means and the joint committee on transportation, detailing the total costs and revenues associated with the new service; provided further, that the cost of the new services shall not annualize to more than $3,613,905; provided further, that not later than January 1, 2005, each of the 15 regional transit authorities shall submit to the house and senate committees on ways and means a report detailing any and all revenues collected as a result of services provided pursuant to item 4401-1000; provided further, that the executive office of transportation shall work cooperatively with the authorities and other public and private funding sources to maximize new revenues sources to expand transit services; provided further, that the authorities and the executive office of transportation shall develop processes and procedures for contracts for services with other state agencies; provided further, that the executive office of transportation and the authorities shall develop a 5-year transit plan for operational and capital objectives that the parties may measure against and plan toward and shall file the plan with the house and senate committees on way and means no later than April 1, 2005; provided further, that the executive office of transportation and the authorities shall work cooperatively to implement multi-year contracting for regional transit authority capital projects, particularly for construction projects and other multi-year commitments of the authorities; provided further, that the regional transit authorities shall implement structural, managerial and administrative reforms in order to achieve cost savings in services provided by the authorities; provided further, that the reforms shall include, but not be limited to, improved financing procedures for capital needs, approved plans for short- and long-term service, a coordinated program of mass transportation for the regional transit authorities that provides standards of service for the authorities for types of service, passenger miles, hours of service, cost of service by route and mile and passenger, non-transportation revenue and system revenue generating options included, but not limited to, fare revenue and advertising revenue, assessments on member cities and towns, net operating investment per passenger-mile ratio and service quality standards; provided further, that the program shall involve an approach to service coordinated with the Massachusetts Bay Transportation Authority and other transit providers in order to achieve maximum efficiency of regional transit authority service routes; provided further, that all regional transit authorities shall achieve the fare and/or revenue recovery ratio of 40 per cent within 36 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, 2004, report to the joint committee on transportation and the house and senate committees on ways and means on the operations of the authorities in the first half of fiscal year 2005, and focus the report on the reforms and improvements ............................................................................................................................ $48,782,640

General Fund ................................................................................................................. 80.0%
Highway Fund ............................................................................................................... 20.0%

Massachusetts Aeronautics Commission.

6006-0003
For the administration of the commission, including the expenses of the commissioners ................ $533,256

Department of Highways.

The Governor disapproved certain wording:
The Legislature overrode the Governor's veto

6010-0001
For personnel costs of the department of highways, for certain administrative and engineering expenses and equipment of the highways commission, the office of the commissioner of highways, the division of administrative services, highway engineering, highway maintenance, highway construction, the outdoor advertising board, district and other highway activity offices, materials, supplies, fleet maintenance and equipment, general maintenance and equipment and the maintenance and operation of state highways and bridges, and for the costs associated with the global positioning system program; provided, that no expenditures shall be made from the AA subsidiary; provided further, that notwithstanding any general or special law to the contrary, the department may expend from capital authorizations amounts necessary to cover operational costs of the department in excess of amounts appropriated in this item to ensure that adequate staffing levels are maintained to support the services and programs offered by the department; provided further, that the department shall develop a plan that, by June 30, 2007, shall phase into the budgetary appropriation all personnel costs transferred to capital authorizations since June 30, 2002; provided further, that such plan be reported to the house and senate committees on ways and means by December 31, 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 for approval requests to repair vehicles costing in excess of the limit set forth in said section 22 of said chapter 7; provided further, that the costs of routine highway maintenance provided by private and union workers in contract areas, 1A, 1B, 2A, 2B, 3A, 3B, 3C, 4A, 4B, 4C, 4D, 5A, 5B, and 5C and for costs associated with police services and overtime within the areas shall be paid from this item; provided further, that $90,000 shall be made available for all contractual contingency costs associated with highway maintenance in said areas; provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means detailing for each contract area expenditures for the costs of contractual contingency fees, personnel, police services, overtime, materials, and vehicle repair; provided further, that the department shall expend $100,000 on a traffic signal in Worcester on Route 12; provided further, that $50,000 shall be expended for the cost of the installation of sidewalks in Worcester on Massasoit Road from Benson Street to the Our Lady of Loreto Church Property; provided further, that $50,000 be expended for the installation of a sidewalk behind the Roosevelt Elementary School in Worcester; provided further, that said department shall fully perform storm water management construction for the protection of Webster Lake; provided further, funds shall be expended to study the flow of traffic along Commonwealth Avenue in Allston-Brighton to determine the impact of regional traffic accessing downtown Boston; provided further, that funds shall be expended to mill and pave Route 20A in the city of Springfield and that said milling and paving shall be completed by June 30, 2005; provided further, that the Secretary is hereby authorized and directed to expend an amount necessary to complete the final phase, within the fiscal year, of the reconstruction and enhancement of that portion of the state road known as "Somerville Avenue" in Somerville; provided further, that funds shall be expended for the design and construction of traffic lights at the intersection of South Street and Salem Street in the Town of Tewksbury and said project shall be completed by June 30, 2005; provided further, that said department shall work in conjunction with the Division of Capital Asset Management to study the closure of the rest stop area on Route 2 west in the town of Harvard and shall submit the findings of said study to the joint committee on transportation by December 15, 2004; provided further, that funds shall be expended for Berkshire Hills Regional School District for the construction of a traffic signal and necessary road improvements at the intersection of Monument Valley Road and Route 7 in the Town of Great Barrington; provided further, that funds shall be expended for traffic signalization on Route 12 in the city of Worcester; provided further, that funds shall be expended to fund the construction of improvements to route 126 in the town of Medway; provided further, that said department shall conduct a noise reduction study along Route 3 South in Kingston no later than December 31, 2004 and shall submit its finding to the joint committee on transportation and the house and senate committees on ways and means no later than June 30, 2005; provided, further, that the department shall maintain the motorist emergency call system installed on interstate highway route 91, interstate highway route 93, interstate highway route 195, and interstate highway route 495, in an operational condition for use in emergencies by the public; provided further that said department is directed to close route 60 between state highway route 2 in the town of Arlington and Winthrop Circle, in the city of Medford to commercial traffic between the hours of 12 P.M. and 6 A.M effective September 1, 2004, unless the said department declares it a public necessity that said roadway should be open to commercial traffic; provided that funds shall be expended to conduct a noise study along Route 290 in the town of Northborough; provided further, that said department shall expend funds for the purpose of repair and maintenance of the Mount Vernon Street Bridge on Washington Street in the town of Winchester; provided further, that said department shall construct sound barriers in the towns of Billerica and Lexington as follows:
in the town of Billerica on the northerly side of Route 3 from a point 500 yards south of the Eliot Street bridge and extending 700 yards north of the Eliot Street bridge on the northerly side of Route 3; provided, further, that said barriers in the town of Lexington shall be constructed from the off-ramp from Route 3 accessing Route 128 south and extending to the Grove Street Bridge; provided further, that the department shall include the proposed intersection improvements of the Route 1A/Main Street- Winter Street-Jean Road intersection in the town of Walpole on the Transportation Improvement Program project list covering fiscal years 2003-2007 and shall commence said improvements during fiscal year 2005; provided, further, that funds shall be expended for the construction of sound barriers in the town of Chelmsford as follows:designated Area Number 21, Waterford Place in Chelmsford, designated Area 1, Ledgewood/Lido Land in Bedford, as defined by HMMH Report Number 298280 as prepared for said document; and provided further, that the Massachusetts Highway Department allow the town of Arlington access to the land between route 2 and Spy Pond for the purposes of establishing a pumping station at Spy Pond .......................... $14,857,993

Highway Fund ............................................................................................................. 100.0%

6010-0002
For AA subsidiary payroll costs of item 6010-0001; provided, that the funds appropriated in this item shall be the only source of funding for all overtime expenses associated with the department's snow and ice control efforts ............................ $14,253,357

Highway Fund ............................................................................................................. 100.0%

Board of Library Commissioners.

7000-6503
For a handicap accessibility project in Holbrook to enhance educational opportunities for disabled citizens ............................$150,000

7000-9101
For the operation of the board of library commissioners ............................................................. $891,182

7000-9401
For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by clauses (1) and (2) of section 19C of chapter 78 of the General Laws, as it deems proper, to regional public library systems throughout each fiscal year, in compliance with the office of the comptroller's regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding said section 19C of said chapter 78 or any other general or special law to the contrary, the Boston Public Library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to $1.06 per resident in the commonwealth; and provided further, that notwithstanding any general or special law to the contrary, in calculating the fiscal year 2005 distribution of funds appropriated herein, the board of library commissioners shall employ population figures used to calculate the fiscal year 2004 distribution ................................................................................ $14,980,361

7000-9402
For the talking book library at the Worcester public library ......................................................... $318,777

7000-9406
For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $50,000 shall be expended for the National Federation of the Blind Newsline Program............................$1,678,550

7000-9501
For state aid to public libraries; provided, that notwithstanding any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of the city or town for free public library services is below an amount equal to 102.5 per cent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding any general or special law to the contrary, the board of library commissioners may grant no more than 55 additional waivers in excess of the waiver limit set forth in the second paragraph of section 19A of chapter 78 of the General Laws in fiscal year 2005 for a period of not more than one year; provided further, that notwithstanding any general or special law to the contrary, of the amount by which this item exceeds the amount appropriated in chapter 194 of the acts of 1998, funds shall be distributed under the guidelines of the municipal equalization grant program and under the guidelines for the library incentive grant program; and provided further, that any payment made under this item shall be deposited with the treasurer of the city or town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding any general or special law to the contrary ........................................................................................................................... $8,539,844

7000-9506
For the technology and automated resource sharing networks ..................................................... $541,811

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT.

Office of the Secretary.

7002-0010
For the office of the secretary of the executive office of economic development; provided, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements ......................................................................................... $252,676

Department of Labor.

7002-0200
For the operation of the division of occupational safety; provided, that the division may employ staff not subject to chapter 31 of the general laws for a program to evaluate asbestos levels in public schools and other public buildings; and provided further, that funds shall be expended from this item for the GG subsidiary costs of the board of conciliation and arbitration, the division of apprentice training, the labor relations commission and the division of occupational safety ............................$2,368,177

7002-0201
The division of occupational safety may expend an amount not to exceed $152,850 received from fees authorized pursuant section 3A of chapter 23 of the General Laws .......................................................................... $152,850

7002-0500
For the operation and administrative expenses of the division of industrial accidents; provided, that not less than $800,000 shall be expended for occupational safety training grants; provided further, that said division shall submit a report not later than February 1, 2005 to the house and senate committees on ways and means detailing the scope, objective and results of grant recipients' safety training program; provided further, that the General Fund shall be reimbursed the amount appropriated in this item and for associated indirect and direct fringe benefit costs from assessments levied pursuant to section 65 of chapter 152 of the General Laws; provided further, that the division shall assign a judge to hear cases in the county of Berkshire not less than once a month; and provided further, that the treasurer may release to the division, subject to adequate and appropriate documentation of the need, to the workers' compensation advisory council and the affirmative vote of at least 7 members of the workers' compensation advisory council, sufficient funds from the special reserve account established in clause (c) of subsection (4) of said section 65 of said chapter 152 to pay for expenses to continue expansion of the conversion of the agency's computer system from unify to oracle ....................................... $19,335,439

7002-0600
For the operation of the labor relations commission .................................................................... $832,700

7002-0700
For the operation of the joint labor management committee for municipal police and fire .............. $443,344

7002-0800
For the operation of the board of conciliation and arbitration ...................................................... $514,978

Department of Workforce Development.

7002-0100
For the administration of the department of workforce development, including the divisions under the control of the department; provided, that on January 4, 2005 the director of the department of workforce development shall submit to the house and senate committees on ways and means a comprehensive report describing in detail the job training services, including labor exchange, skills training and remedial education services related thereto which have been provided during the course of the fiscal year in the commonwealth, describing the systems for delivery of such services, describing the costs of such services and the sources of revenue for such services .......................................................... $150,000

The Governor disapproved certain wording:
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 the first $125,000 of the fees collected by the division for this identification card program shall be deposited into the General Fund; provided further, that the second $125,000 of said fees shall be deposited into the special trust account created to fund and maintain the identification card program pursuant to chapter 357 of the acts of 2002 and the remainder of all fees collected shall be deposited into the General Fund; provided further that, an apprentice identification card shall contain the photograph of the apprentice, the apprentice registration number or such other number as the deputy director requires, the name and business address of the appropriate apprenticeship committee or single employee sponsor, the steps of progression and related dates applicable to the apprentice, and the projected date on which the apprentice is projected to complete the apprenticeship; provided further, that as a condition of his apprenticeship the apprentice shall keep the apprentice identification card on his person during his hours of employment during the apprenticeship; provided further, that any apprentice performing work on a project or projects subject to this item shall maintain in his possession an apprentice identification card; provided further, that any apprentice who is determined by the deputy director to be un-enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project or projects; and provided further, that for every week in which an apprentice is employed by a contractor, subcontractor, or public body subject to this section, a photocopy of said apprentice's apprentice identification card, shall be attached to the records submitted under this item ............................................................................................... $420,000

The Governor disapproved this section:
7003-0604
For the career ladder grant program in long-term care established pursuant to section 410 of chapter 159 of the acts of 2000; provided, that grants shall be available for certified nurses' aides, home health aides, homemakers and other entry level workers in long-term care; provided further, that the grants may include training for English for speakers of other languages and other language and adult basic education programs to improve quality of care and improve direct care worker access to and participation in career ladder training; provided further, that the length of such grants shall not exceed a period of 3 years; provided further, that the Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee; provided further, that the administrative and program management costs for the implementation of said grant program shall not exceed 4 per cent of the amount appropriated in this item; and provided further, that each grant may include funding for technical assistance and evaluation ....................... $1,000,000

7003-0701
For grants and technical assistance administered by the department of workforce development, pursuant to section 2RR of chapter 29 of the General Laws and for the cost of collecting the assessment established in section 14L of chapter 151A of the General Laws; provided, that the department of workforce development shall provide a report on the grants and technical assistance programs authorized herein detailing the firms receiving grants, by number of employees, revenues, and industry, to the house and senate ways & means committee by January 15, 2005; provided further, that said report shall include specific measures of how grant recipients were able to increase job growth, retention rates, and productivity as a result of the grants; provided further, that the report shall include measures of whether training participants received promotions and increased incomes as a result of training; provided further, that not more than $3,000,000 shall be expended for direct technical assistance pursuant to clause (2) of subsection (b) of said section 2RR of said chapter 29; provided further, that of said $3,000,000, not less than $75,000 shall be provided to the Workforce Investment Board Association to support the activities of business, labor, education, youth councils, and community members in leading regional workforce development systems; provided further, that of said $3,000,000, each of the 16 workforce investment boards shall receive $75,000 in fiscal year 2005; provided further, that of said $3,000,000, each of said boards shall receive $20,000 for youth councils; and provided further, that the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training ................................................................................................ $21,000,000

Workforce Training Fund ............................................................................................. 100.0%

The Governor reduced the following item by $2,379,500 and disapproved certain wording.
The Legislature overrode the Governor's veto.
7003-0702
For grants to be administered by the department of workforce development; provided that not less than $250,000 shall be expended on the Acre Urban Revitalization project in the city of Lowell; provided further, that not less than $50,000 shall be expended for the Allston-Brighton vocational adjustment center for the continued operation of a job training and placement center; provided further, that not less than $8,000 shall be provided for the Bonnie Brae Camp in the city of Gardner; provided further; that not less than $250,000 shall be expended for the center for women and enterprise; provided further, that not less than $100,000 shall be expended for Centro Latino de Chelsea to provide workforce training, educational services and other transitional services in the city of Chelsea; provided further, that not less than $400,000 shall be expended on the Commonwealth Corporation; provided further, that not less than $127,000 shall be expended for the employee involvement and ownership program; provided further, that not less than $105,000 shall be made available to the E-Team Machinist Program in the city of Lynn; provided further; that not less than $300,000 shall be expended for a hospital skill training program operated by 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 less than $250,000 shall be expended on the Jackson-Appleton-Middlesex plan in the city of Lowell; provided further, that not less than $300,000 shall be expended for the Jewish Memorial Hospital for the purposes of developing and implementing an information technology skill upgrading program for its employees; provided further, that not less than $139,500 shall be expended for Just a Start Corporation to provide training for entry level employment in the biotech and medical fields for 30 unemployed or displaced workers, or persons receiving benefits from transitional aid to families with dependent children; provided further, that not less than $100,000 shall be expended for the Massachusetts Career Development Institute; provided further, that not less than $900,000 shall be expended on the Massachusetts Service Alliance; provided further, that not less than $150,000 shall be expended for a Farm Workers' Council serving low income people and the Hispanic population in Western Massachusetts; provided further, that not less than $75,000 shall be expended for the Martin Luther King, Jr. Business Empowerment Center in Worcester; provided further, that not less than $50,000 be expended for Our House Family Learning and Workforce Development Center; provided further, that not less than $195,000 shall be expended for 3 full-time equivalent rapid response labor specialists at the Massachusetts AFL-CIO; provided further, that not less than $75,000 shall be expended to support the Technology Initiative of the Metro South/West Regional Employment Board for the development of the Technology Centers of Excellence serving the region's youth and business, and said grant shall require a 200 per cent match from the private sector; provided further, that not less than $200,000 shall be expended to the Western Massachusetts Enterprise Fund and the Southeastern Economic Development Corporation's microenterprise programs as a supplemental match to conduct an entrepreneurial training and technical assistance program for support of emerging high-growth microenterprises that are owned or employ income-eligible residents; provided further, that not less than $40,000 shall be expended for community training in the city of Winthrop; provided further, that not less than $100,000 shall be provided to the Workforce Investment Association of Ma, Inc. for the purpose of assisting administrators, career center directors, and fiscal agents ............................................................................................... $4,379,500

Workforce Training Fund ............................................................................................. 100.0%

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, located in the Boston, Hampden county and the metro north service delivery areas and any satellite offices thereof which opened on or before December 1, 1997; provided further, that each career center shall inform unemployed or underemployed recipients of transitional aid to families with dependent children benefits who seek assistance from the center of the full range of education and training programs that are available to them, the availability of jobs in the professions for which 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 1-stop career centers that opened after January 1, 1999 ....................................................................... $3,750,000

Office Of Consumer Affairs and Business Regulation.

7006-0000
For the office of the director of consumer affairs and business regulation, including expenses of an administrative services unit .................................................................................................................................................. $1,439,583

Division of Banks.

7006-0010
For the operation of the division of banks; provided, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item shall be assessed upon financial institutions which the division currently regulates pursuant to powers granted to the division by the General Laws, a special law or state regulations; provided further, that this assessment will be in addition to any and all assessments that the division currently assesses upon financial institutions and will be made at a rate sufficient to produce $10,831,630 in additional revenue that shall pay for this item ............................$10,831,630

Division of Insurance.

7006-0020
For the operation of the division of insurance, including the expenses of the board of appeal on motor vehicle policies and bonds, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter 31 of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section 1 of chapter 5 of the General Laws; provided further, that the division shall maintain a phone system in its western Massachusetts office that will immediately transfer calls made to that office to the consumer assistance office in Boston during any business hours when the western Massachusetts office is closed; provided further, that the division shall have an employee or other such person answering all initial incoming telephone calls, excluding all direct in-dial calls, between the hours of 9:00 a.m. and 5:00 p.m.; provided further, that the division shall designate an employee to handle all incoming calls relative to chapter 218 of the acts of 1995 or regulations promulgated under section 51 of chapter 111 of the General Laws; provided further, that not less than $60,000 shall be allocated for administrative support personnel for the Automobile Insurers Appraisers Board; provided further, that notwithstanding any general special law to the contrary, 100 per cent of the amount appropriated in this item shall be assessed upon the institutions which the division currently regulates except for licensed business entity producers pursuant to powers granted to said division by the General Laws, a special law or state regulations; and provided further, that this assessment will be in addition to any and all assessments that the division currently assesses upon said institutions and will be made at a rate sufficient to produce $9,779,622 in additional revenue that will pay for this item ............................$9,779,622

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 not less than $1100.00 be expended to increase the number of Land Surveyors from 1 to 3 on the Board of Registration of Professional Engineers and Professional Land Surveyors ....................... $3,026,523

Division of Standards.

7006-0060
For the operation of the division of standards ............................................................................. $650,689

7006-0066
For the support of the division of standard's municipal inspection efforts; provided, that up to 15 per cent of the amount appropriated herein may be expended for administrative costs of the division .............................. $300,000

7006-0067
The division of standards may expend for enforcement of weights and measures laws an amount not to exceed $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 may expend an amount not to exceed $450,000 from revenue received from license fees assessed to owners of motor vehicle repair shops ..................................................................................... $450,000

Department of Telecommunications and Energy.

7006-0070
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 2005 shall be made at a rate sufficient to produce $7,897,089; 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 ............................................................................................................. $7,897,089

7006-0080
For the operation of the transportation division ........................................................................... $532,951

7006-0090
The department of telecommunications and energy may expend revenues collected up to $75,000 for the operation of the energy facilities siting commission ............................................................................................... $75,000

State Racing Commission.

7006-0110
For the operation of the state racing commission ........................................................................ $2,085,179

Division of Energy Resources.

7006-1000
For the operation of the division of energy resources; provided that notwithstanding any general or special law to the contrary, the amount assessed pursuant to provisions included in this act shall be equal to the amount expended from this item .......................................................................................................................................... $400,000

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 Business and Technology.

7007-0100
For the office of the director of the department of business and technology ................................. $359,981

7007-0300
For the operation of the Massachusetts office of business development and for marketing and promoting the commonwealth in order to attract and retain targeted businesses and industries; provided, that the office shall maintain business development assistance services at an office to be located at the University of Massachusetts at Dartmouth for the purposes of responding to inquiries and providing assistance to businesses seeking to expand or relocate to southeastern Massachusetts ............................$1,338,574

The Governor disapproved this section:
The Legislature overrode the Governor's veto:

7007-0500
For the operation and maintenance of the Massachusetts Biotechnology Research Institute for the purpose of promoting the commercialization of new, academic-based research and development, and raising the scientific awareness of the communities of the commonwealth ............................................................................................. $500,000

7007-0507
For the operation and maintenance of the Massachusetts Manufacturing Extension Partnership for the purpose of maintaining and promoting manufacturing as an integral part of the Massachusetts economy .......................... $850,000

The Governor reduced the following item by $350,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
7007-0515
For economic development grants to be administered by the department of business and technology; provided, that not less than $150,000 be expended on the Cape Cod Regional Incubator Project to be operated by the Cape Cod Chamber of Commerce; provided further, that not less than $200,000 shall be expended on the operation of the Massachusetts Fisheries Recovery Commission; and provided further, 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 ................... $550,000

7007-0800
For a grant for the state match for a small business development center; provided, that no funds shall be expended from this item until such time as the United States small business administration has made a payment or has executed a contract to pay the University of Massachusetts at Amherst for the operation of the center; provided further, that the funds expended from this item shall not exceed 25 per cent of the gross operating cost of said center; provided further, that not more than $300,000 of the amount appropriated herein shall be expended for the purpose of operating federal procurement technical assistance services within said center; provided further, that the services, shall include, but not be limited to, assisting businesses in securing federal contracts, obtaining contract financing, generating responses to requests-for-proposals, interpreting bid documents, providing educational workshops and seminars, and the electronic identification and tracking of federal bid opportunities; provided further, that the expenditure of said $300,000 shall be subject to the receipt of matching funds from federal or private sources including the department of defense; and provided further, that quarterly expenditure reports shall be filed with the house and senate committees on ways and means .......................... $1,113,415

The Governor reduced the following item by $6,884,531 and disapproved certain wording.
The Legislature overrode the Governor's veto.
7007-0900
For the operation and administration of the office of travel and tourism and for grants to public and private nonprofit local and regional organizations to be awarded by the Massachusetts office of travel and tourism for tourism promotion; provided, that performance-based standards shall be incorporated in all contracts executed by said office for the procurement of tourism marketing and advertising services; provided, that the organizations shall be required, as a condition of receiving a grant, to submit a total operating budget which identifies each source and use of operating and capital funds; provided further, that said grants shall not replace or supplant funding otherwise available to said centers from local chambers of commerce, regional tourist councils, and other public or private funding sources; provided further, that not less than $2,000,000 of the amount appropriated herein shall be expended to implement the strategic plan developed by the business entity that is awarded the contract pursuant to section 60 of chapter 141 of the acts of 2003 to recover the Commonwealth's lost international tourism market share; provided further, that not less than $60,000 shall be expended for an economic development project operated by the Arlington Neighborhood Association in the city of Lawrence; provided further, that not less than $200,000 shall be expended for the Bay State Games; provided further, that not less than $185,000 shall be expended for the Belchertown Economic Development Corporation; provided further, that not less than $500,000 shall be expended for the Berkshire Museum subject to a 100 per cent funding match; provided further, that not less than $30,000 shall be expended for the Blackstone Valley Chamber of Commerce; provided further, that not less that $100,000 shall be expended for an economic development project in the town of Braintree; provided further, that not less than $100,000 shall be expended for a Business Location Information Project operated by the Greater Haverhill Chamber of Commerce; provided further, that not less than $100,000 shall be expended for an economic development project on Buzzards Bay Main Street; provided further, that not less than $100,000 shall be expended for the Cape Cod Economic Development Council; provided further, that not less than $100,000 shall be expended for a matching grant to the proposed Cape Cod Maritime Museum in Hyannis; provided further, that not less than $50,000 shall be expended for the Caribbean Carnival Association; provided further, that not less than $75,000 shall be expended for a technology training program operated by the Cape Cod Technology Council; provided further, that not less than $50,000 shall be expended for a the Central Quabbin Tourism Association; provided further, that not less than $30,000 shall be expended for an economic development project at Chestnut Hill Reservoir in the city of Boston; provided further, that not less than $94,531 shall be expended for City Stage; provided further, that not less than $1,000,000 shall be expended for the Colonial Theater, subject to a 100 per cent funding match; ;provided further, that not less than $100,000 shall be expended for an economic development project at the historic Corkin building in the town of Randolph; provided further, that not less than $75,000 shall be expended for the Cultural Center of Cape Cod; provided further, that not less than $15,000 shall be expended for an education and science grant for the city of Worcester; provided further, that not less than $200,000 shall be provided for an economic development project at the Elco Dress Factory in New Bedford; provided further, that not less than $100,000 shall be expended for the Freedom Trail Foundation; provided further, that not less than $300,000 shall be expended for a grant for the From the Top Inc.; provided further, that not less than $100,000 shall be expended for a tourism promotion project at the Grandview Farm in Burlington; provided further, that not less than $125,000 shall be expended for a historic development project at the Worcester Center for the Performing Arts; provided further, that not less than $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 2005 for the highway information centers operating year-round on state highways and federally-assisted highways, and the visitor information centers on Boston Common and the Prudential Center, both in the city of Boston; provided further, that not less than $100,000 shall be expended for the I-495 Technology Corridor Initiative; provided further, that not less than $165,000 shall be expended for the International Trade Assistance Center in Fall River; provided further, that not less than $50,000 shall be expended for the Johnny Appleseed Visitor's Center; provided further, that not less than $500,000 shall be expended for the Mahaiwe Theater subject to a 100 per cent funding match; provided further, that not less than $5,000 shall be expended for the Massachusetts Film Bureau and said agency shall be the primary service provider for film production and development in the commonwealth; provided further, that $250,000 shall be expended for a grant to the Massachusetts Sports and Entertainment Partnership; provided further, that not less than $200,000 shall be expended for the Memorial Auditorium in the city of Lynn; provided further, that not less than $250,000 shall be expended for the Merrimack Valley Economic Development Council; provided further, that notwithstanding any general or special law to the contrary, a grant of not less than $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 $500,000 shall be expended for the Mohawk Theater, subject to a 100 per cent funding match; provided further, that not less than $50,000 shall be expended for the New Bedford Art Museum; provided further, that not less than $60,000 shall be expended for the New England Puerto Rican association; provided further, that not less than $75,000 shall be expended for an economic development project in North Attleboro; provided further, that not less than $50,000 shall be expended for the North End Visitor Center in the city of Boston; provided further, that not less than $75,000 shall be expended for the Old Provincial State House; provided further, that not less than $40,000 shall be expended as a grant for the Pioneer Valley Planning Commission for the purposes of a study of tourism promotion within Southampton and Montgomery; provided further, that not less than $40,000 shall be expended as a grant for the Pioneer Valley Visitors and Tourist Information Center; provided further, that not less than $35,000 shall be expended for the Pittsfield Office of Cultural Development; provided further, that not less than $100,000 shall be expended for a portico surrounding Plymouth Rock; provided further, that not less than $75,000 shall be expended for the Puerto Rican Cuatro Project; provided further, that not less than $50,000 shall be expended for the Riverside Theater Works in Hyde Park in the City of Boston; provided further, that funds shall be expended for an economic development project on Rt. 110 in Amesbury; provided further, that not less than $100,000 shall be expended for the Russian Community Association; provided further, that not less than $25,000 shall be expended for the Salisbury Chamber of Commerce; provided further, that not less than $100,000 shall be expended for the September 11th memorial at Battleship Cove in Fall River; provided further, that not less than $75,000 shall be expended for a Shrewsbury Business District economic development project; provided further, that not less than $250,000 shall be expended for the Southcoast Development Partnership for the purposes of regional tourism and economic development; provided further, that not less than $100,000 shall be expended for the city of Springfield's Office of Economic Development to develop a walking tour of the city of Springfield; provided further, that not less than $100,000 shall be expended for the U.S. Women's Open; provided further, that not less than $75,000 shall be expended for the Waltham Tourist Council; provided further, that not less than $30,000 shall be expended for the Water Farms Preservation, Inc.; provided further, that not less than $103,000 shall be expended for an historic redevelopment project at the West School in the Town of Wilmington; provided further, that not less than $50,000 shall be expended for a tourism promotion project in Westborough; provided further, that not less than $100,000 shall be expended for the Western Massachusetts Economic Development Council; 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 the office shall dedicate 1 full-time equivalent employee to the advisory commission on travel and tourism; and provided further that the office shall make every effort to develop tourism in under-visited regions of the commonwealth ... $17,053,305
Tourism Fund .............................................................................................................. 100.0%

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 the councils may expend an amount not to exceed 17.5 per cent of the grant it receives herein for the cost of administrative services ........ $6,929,211
Tourism Fund .............................................................................................................. 100.0%

The Governor reduced the following item by $2,000,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
7007-1200
For a program to create and maintain a more favorable and responsive environment for the attraction and retention of technology-intensive clusters for the commonwealth; provided, that such clusters may be characterized by technological or market focus, geographic proximity or other shared interests; provided further, that cluster activities shall be deemed to be the exercise of an essential governmental function intended to: (1) foster increased collaboration among cluster organizations; (2) facilitate improved communications between the commonwealth and cluster organizations; (3) identify and respond to challenges and opportunities related to cluster organizations; (4) enhance the competitive position of cluster firms; (5) reduce the costs of doing business in the commonwealth through 1 or more purchasing cooperatives; and (6) generally improve the perception of the value and benefits of doing business in the commonwealth; provided further, that not less than $2,000,000 shall be expended on one-time grants-in-aid and related activities in support of the creation, operation, and evaluation of a pilot wireless learning initiative; provided further, that said grants shall be matched by contributions from federal or local public entities, private entities, and other qualified investment entities equal to two times the expenditures on said pilot from this line item; provided further, that amounts appropriated in this item shall be expended to the Massachusetts Technology Park Corporation to be held, applied and administered through its Massachusetts Technology Collaborative; provided further, that said corporation shall establish an independent advisory panel to advise said corporation relative to the most effective application of funds appropriated in this item; provided further, that the executive director shall file a report with the house and senate committees on science and technology and the house and senate committees on ways and means detailing the activities undertaken with the funds appropriated herein by January 15, 2005; provided further, that not less than $525,000 shall be expended by the Massachusetts technology collaborative to assist the Massachusetts department of business and technology to support each of the 7 regional competitive councils through a matching grant program or other equivalent support; provided further, that of said $525,000 each of the 7 regional competitiveness councils shall receive or benefit from not less than $75,000; provided that each dollar awarded to each regional competitiveness council shall be matched by one dollar in matching investment; and provided further, that the Massachusetts department of business and technology shall submit quarterly reports to the house and senate committees on ways and means and the joint committee on commerce and labor detailing the amounts awarded and the purposes for said grants .................. $3,025,000

The Governor reduced the following item by $460,000
The Legislature overrode the Governor's veto:
7007-1300
For the operation of the Massachusetts international trade council ............................................... $960,000

Tourism Fund .............................................................................................................. 100.0%

7007-1500
For the operation and administration of the 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 1-stop regional assistance centers of the Massachusetts office of business development; and provided further, that the office shall develop and implement measures and procedures to continue to improve the efficiency and the timeliness of the certification process ............................................ $642,670

Department of Housing and Community Development.

7004-0000
For the commonwealth development coordinating council; provided, that, not less than 30 days before entering into any interagency service agreement, the council shall report in writing to the house and senate committees on ways and means a description of the agreement, including its purpose, the employees expected to be affected, and the estimated amount of the funds involved; provided further, that not later than September 15, 2004 said council shall submit a report detailing its fiscal year 2004 payroll, operational and administrative expenditures to the house and senate committees on ways and means; provided further, that said report shall detail all sources of funding used in fiscal year 2004 and an explanation of all funds expended in excess of the amount appropriated in this item in fiscal year 2004; and provided further, that no funds appropriated herein shall be expended or encumbered after September 16, 2004 unless said report has been submitted to the house and senate committees on ways and means ................................................................. $240,000

7004-0001
For the Indian affairs commission ............................................................................................... $94,663

7004-0099
For the operation of the department of housing and community development; provided, that notwithstanding any general or special law to the contrary, the department may make expenditures for the purposes of the department against federal grants for certain direct and indirect costs pursuant to a cost overhead allocation plan approved by the comptroller; provided further, that the comptroller shall maintain an account on the Massachusetts management accounting and reporting system for the purpose of making such expenditures; provided further, that expenditures made against the account shall not be subject to appropriation and may include the cost of personnel; provided further, that notwithstanding any general or special law, rule, or regulation to the contrary, the department of housing and community development may conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-9005, 7004-9009, 7004-9014, 7004-9019, 7004-9020, 7004-9024, 7004-9030 and 7004-9033; provided further, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant's or tenant's household for use in verification of income eligibility; provided further, that said department may deny or terminate participation in subsidy programs for failure by an applicant or a tenant to provide a social security number for use in verification of income eligibility; provided further, that said department may also consult with the department of revenue, the department of transitional assistance or any other state or federal agency which it deems necessary to conduct such income verification; provided further, that notwithstanding the provisions of any general or special law to the contrary, such state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that for the purposes of conducting such income verification, the director of said department may enter into an interdepartmental service agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants' households; provided further, that for the purposes of clarification only, notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, said department may authorize neighborhood housing services corporations to retain, re-assign, and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program; provided further, that not less than $20,000 shall be expended for Methuen-Arlington Neighborhood, Inc.; provided further, that not less than $100,000 shall be expended for the Hungry Hill Community Development Corporation; provided further, that not less than $50,000 shall be expended for the Allston-Brighton Community Development Corporation for a grant program to enhance housing quality standards; provided further, that $50,000 may be expended for Cedar Gardens task force in Natick; provided further, that not less than $100,000 shall be expended for the establishment of the East Springfield-Indian Orchard-Pine Point Community Development Corporation; provided further, that not less than $50,000 shall be expended for the Rockland Community Center in Rockland; provided further, that $25,000 may be expended for the Beverly Affordable Housing Coalition; provided further, that not less than $100,000 shall be expended for the Springfield Neighborhood Housing Services, Inc.; provided further, that not less than $95,000 shall be expended for the West Broadway Housing Task Force for the purposes of tenant services; provided further, that $50,000 shall be expended for the Pleasant Street Neighborhood Network in Worcester; provided further, that $50,000 shall be expended for the Bellingham Housing Task Force; provided further, that not less than $10,000 shall be expended for the Turning Point Day Resource Center for the Homeless in the town of Wareham; provided further, that not less than $50,000 shall be expended for the continued operation of computer technology centers at the Commonwealth Housing Development and the Jackson Mann Community Center; and provided further, that not less than $100,000 shall be expended for Neighbors in Need in Lawrence ........................................................................... $7,335,658

7004-3036
For housing services and counseling; provided, that not less than $505,000 shall be expended as grants for the operation of 9 regional housing consumer education centers operated by the regional nonprofit housing authorities; provided further, that the grants shall be through a competitive application process pursuant to criteria created by the department; provided further, that not less than $141,000 shall be expended for the Just-A-Start Corporation to administer a housing stabilization conflict management services program to prevent homelessness; provided further, that $80,925 shall be expended for the Central Massachusetts Housing Alliance; and provided further, that no funds shall be expended from this item in the AA subsidiary, so-called, for the compensation of state employees .................................................................... $821,925

7004-4314
For the expenses of a service coordinators program established by the department to assist tenants residing in housing developed pursuant to sections 39 and 40 of chapter 121B of the General Laws to meet tenancy requirements in order to maintain and enhance the quality of life in said housing ................................................................ $490,401

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 2005 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 ............................................................................................................................ $30,271,292

7004-9024
For a program of rental assistance for low-income families and elderly persons through mobile and project-based vouchers; provided, that rental assistance shall only be paid pursuant to a program to be known as the Massachusetts rental voucher program; provided further, that the income of the households shall not exceed 200 per cent of the federal poverty level; provided further, that the department may award mobile vouchers to eligible households currently occupying project-based units, that shall expire due to the nonrenewal of project-based rental assistance contracts; provided further, that the department, as a condition of continued eligibility for vouchers and voucher payments, may require disclosure of social security numbers by participants and members of participants' households in the Massachusetts rental voucher program for use in verification of income with other agencies, departments and executive offices; provided further, that any household in which a participant or member of a participant's household shall fail to provide a social security number for use in verifying the household's income and eligibility shall no longer be eligible for a voucher or to receive benefits from the voucher program; provided further, that the vouchers shall be in varying dollar amounts and shall be set by the department based on considerations, including, but not limited to, family size, composition, income level and geographic location; provided further, that notwithstanding any general or special law to the contrary, the use of rent surveys shall not be required in determining the amounts of the mobile vouchers or the project-based units; provided further, that any household which is proven to have caused intentional damage to their rental unit in an amount exceeding 2 month's rent during any 1-year lease period shall be terminated from the program; provided further, that notwithstanding any general or special law to the contrary, a mobile voucher whose use is or has been discontinued shall be re-assigned within 90 days; provided further, that the department shall pay agencies $25 per voucher per month for the costs of administering the program; provided further, that the costs of administration shall not exceed 6 per cent of the appropriation provided in this item; provided further, that the 6 per cent shall include, but not be limited to, all expenditures which may be made by the department to conduct or otherwise contract for rental voucher program inspections; provided further, that subsidies shall not be reduced for the cost of accommodating the cost of the inspections; provided further, that notwithstanding any general or special law to the contrary, there shall be no maximum per centage 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 the department shall establish the amounts of the mobile vouchers and the project-based vouchers, so that the appropriation in this item is not exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that ceiling rents shall not be enforced by the department; provided further, that the households holding mobile vouchers shall have priority for occupancy of the project-based dwelling units in the event of a vacancy; provided further, that the department may impose certain obligations for each participant in the Massachusetts rental voucher program through a 12-month contract which shall be executed by the participant and the department; provided further, that such obligations may include, but need not be limited to, job training, counseling, household budgeting and education, as defined in regulations promulgated by the department and to the extent such programs are available; provided further, that each participant shall be required to undertake and meet any such contractually established obligation as a condition for continued eligibility in the program; provided further, that for continued eligibility each participant shall execute any such 12-month contract on or before September 1, 2004 if his annual eligibility recertification date occurs between June 30, 2004 and September 1, 2004 and otherwise on or before his annual eligibility recertification date; provided further, that any participant who is over the age of 60 years or who is handicapped may be exempted from any obligations unsuitable under particular circumstances; provided further, that the department shall submit an annual report not later than February 1, 2005 to the secretary of administration and finance and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers by income level and the number and types of units leased that are funded from this item; provided further, that no funds shall be expended from this item in the AA subsidiary for the compensation of state employees; provided further, that the department may assist housing authorities, at their written request, in the immediate implementation of a homeless prevention program utilizing alternative housing resources available to them for low income families and the elderly by designating participants in the Massachusetts rental voucher program as at risk of displacement by public action through no fault of their own; provided further, that participating local housing authorities may take all steps necessary to enable them to transfer mobile voucher program participants from the Massachusetts rental voucher program into another housing subsidy program; and provided further, that the department of housing and community development shall strive to avoid a reduction in the value of the Massachusetts rental voucher from its value as of June 30, 2004 ..................... $24,283,345

7004-9030
For the transitional rental assistance program established pursuant to chapter 179 of the acts of 1995; provided, that notwithstanding any general or special law to the contrary, the transitional rental assistance shall be in the form of mobile vouchers; provided further, that the vouchers shall be in varying dollar amounts set by the department based on considerations including, but not limited to, household size, composition, household income and geographic location; provided further, that any household which is proven to have caused intentional damages to its rental unit in an amount exceeding 2 month's rent during any 1 year shall be terminated from the program; provided further, that the department shall pay agencies that administer said program an allowance not to exceed $25 per voucher per month for the costs of administration; provided further, that notwithstanding any general or special law to the contrary, there shall be no maximum per centage applicable to the amount of income paid for rent by each household holding a mobile voucher, but each household shall be required to pay not less than 25 per cent of its net income, as defined in regulations promulgated by the department, for units if utilities are not provided by the unit owner, or not less than 30 per cent of its income for units if utilities are provided by the unit owner; provided further, that payments for the transitional rental assistance may be provided in advance; provided further, that the department shall establish the amounts of the mobile vouchers, so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household's minimum rent obligation; provided further, that the word "rent", as used in this item, shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that the department shall submit an annual report to the budget director, the secretary of administration and finance, and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers, and the number and types of units leased; provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to any form of housing; provided further, that consistent with chapter 179 of the acts of 1995 the amount appropriated herein shall not annualize to more than $2,300,000 in fiscal year 2006; and provided further, that said program shall provide funding for not more than 800 mobile vouchers .................................................................................................................................................. $2,300,000

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

7004-9201
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 2005 for said fiscal year or any subsequent fiscal years; and provided further, that funds may be allocated by said agency to its existing interest subsidy contracts in a manner as it may determine necessary to maximize the preservation of existing affordable housing units throughout the commonwealth ................................................................................................... $5,500,000

7004-9315
For the low income housing tax credit program; provided, that the department may expend an amount not to exceed $1,500,000 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 the department; and provided further, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system, prior appropriation continued ............................................................................................................. $1,500,000

7004-9316
For a 1-year pilot project to provide assistance for homeless families and families at risk of becoming homeless; provided, that the amount of financial assistance shall not exceed $3,000 per family; provided further, that funds may be used for security deposits, first and last month's rent, moving expenses, utility payments or other uses as determined by the department of housing and community development; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no such assistance shall be provided to any family with an income in excess of 130 per cent of the federal poverty level; provided further, that prior to authorizing a residential assistance payment for a family, the non-profit housing agency shall make an assessment of whether said payment, with or without additional housing stabilization support, will enable the family to retain its current housing, obtain new housing, or otherwise avoid homelessness; provided further, that in making such assessment the agency shall apply a presumption that said payment will enable a family to retain its housing, obtain new housing, or otherwise avoid homelessness if the family is paying less than or equal to 50 per cent of its income for said housing; provided further, that a family who is paying more than 50 per cent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing, or otherwise avoid homelessness; provided further, that residential assistance payments may be made through direct vendor payments according to standards to be established by the department; provided further, that the agencies shall establish a system for referring families approved for residential assistance payments who the agencies determine would benefit from such services to existing community-based programs that provide additional housing stabilization supports, including assistance in obtaining housing subsidies and locating alternative housing that is safe and affordable for said families; provided further, that the program shall be administered pursuant to guidelines established by the department; and provided further, that the department shall provide a status report to the secretary of administration and finance and the house and senate committees on ways and means no later than March 1, 2005 detailing all expenditures of said program including, but not limited to, the number of recipients of the funds, the number of recipients of the funds who would have otherwise stayed in a homeless shelter, the number of recipients who stayed in a homeless shelter within 1 year of receiving the funds, the housing status of the recipients, the purposes for which each family used the assistance, the administrative costs and any other related costs of the program ............................$2,000,000

Department of Education.

7010-0005
For the operation of the department of education; provided, that the department of education, in collaboration with the Governor's Commission on Gay and Lesbian Youth, shall implement the board of education's recommendations on the support and safety of gay and lesbian students ............................................................................ $9,336,084

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 ......................................................... $15,615,313

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; provided further, that not less than $200,000 shall be made available to the AppleTree Institute of Boston for the purpose of establishing a program to provide technical assistance to communities and organizations seeking to create Horace Mann Charter Schools; and provided further, that grants shall be awarded pursuant to guidelines developed by the board ..................... $2,301,790

7010-0216
For the teacher, principal, and superintendent recruitment and retention programs established in sections 19B, 19C, and 19E of chapter 15A of the General Laws ......................................................................................... $1,487,187

7027-0016
For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for such programs in consultation with the department of workforce development; provided further, that any funds distributed from this item to cities, towns or regional school districts shall be deposited with the treasurer of the city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special laws to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal, or private funds; provided further, that the board of education may determine the per centage match required on an individual grant basis; provided further, that the department of education shall make available a payment of $596,883 for the state's matching grant for the CS-squared program at the Corporation for Business, Work and Learning; provided further, that the department of education shall make available a payment of $942,191 to Jobs for Bay State Graduates, Inc., for the purpose of school-to-work activities; and provided further, that the department of education shall make available a payment of $42,975 to the Blue Hills regional vocation school for the School to Careers Partnership to fund a teacher externship program and a student internship program ..................... $1,582,049

7027-0019
For school-to-career connecting activities; provided, that notwithstanding any general or special law to the contrary, the board of education, in cooperation with the department of workforce development and the state workforce investment board, may establish and support a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program; provided further, that such program may include the award of matching grants to workforce investment boards or other local public-private partnerships involving local community job commitments and work site learning opportunities for students; provided further, that the grants shall require at least a 200 per cent match in wages for the students from private sector participants; provided further, that the program shall include, but not be limited to, a provision that business leaders commit resources to pay salaries, to provide mentoring and instruction on the job and to work closely with teachers; and provided further, that public funds shall assume the costs of connecting schools and businesses to ensure that students serve productively on the job .............. $4,129,687

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 may provide special education services to eligible inmates in county houses of correction; provided further, that the department of education shall collaborate with the department of youth services to develop recommendations for a foundation budget for educational services provided to children in the care of the department of youth services and shall submit said recommendations to the secretary of administration and finance and the house and senate committees ways and means by December 1, 2004 along with recommendations on how to fund these services within the parameters of chapter 70 aid or in some other manner as appropriate; provided further, the board of education shall include those recommendations in its fiscal year 2006 budget request .......................................... $7,475,183

7030-1000
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 1 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 provided 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 3 and 4 year old children in cities and towns where high concentrations of low income working families reside; provided further, that not less than one-third of the total slots funded by the amount by which the funds appropriated in this item exceed the amounts appropriated in said item 7030-1000 of chapter 60 of the acts of 1994 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 3 and 4 year old children formerly on the wait list maintained by the office for child care services; provided further, that said children shall retain priority status for future services available through said office upon attaining the age of 5, notwithstanding the receipt of services funded through this item 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 funds shall be expended for Mass Family Networks; provided further, that funds may be expended for administrative costs; and provided further, that recipients of grants distributed from this item shall not expend more than 8 per cent of said grants for administrative costs; and provided further, that notwithstanding chapter 66A of the General Laws to the contrary, the department of education, the office of child care services, the department of public health, community partnership lead agencies, and child care resource and referral agencies may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes ............................$74,605,058

7030-1002
For kindergarten development grants to provide ongoing grant awards to continue quality enhancement of existing full-day kindergarten classrooms and to encourage the transition of half day classrooms into full-day kindergarten classrooms; provided, that the office of school readiness shall administer a grant program to encourage the voluntary expansion of high quality, full-day kindergarten education throughout the commonwealth; provided further, that grants of not more than $18,000 per classroom shall be made available to public schools for the enhancement of existing full-day kindergarten classrooms and for the transition of existing half-day kindergarten classrooms into full day kindergarten classrooms; provided further, that said grants shall be awarded pursuant to guidelines established by the department relative to the application and award process which shall include eligibility criteria, allowable grant expenditures and grant recipient obligations; provided further, that guidelines for transition grants shall require applicants for such grants to identify obstacles that impede the transition to full-day kindergarten; provided further, that the guidelines shall require grant recipients to identify the anticipated date by which the implementation of quality enhancement or transition projects shall commence; provided further, that the guidelines shall detail the range of permissible grant expenditures which shall include, but not be limited to, the expenditure of funds for facility improvements or other expenses necessary to provide adequate space for the transition from half-day kindergarten classrooms into full-day kindergarten classrooms; provided further, that grants funded through this appropriation shall not annualize to more than $18,000 per classroom in subsequent fiscal years; provided further, that preference shall be given to grant applicants with high per centages of students scoring in levels 1 or 2 on the Massachusetts comprehensive assessment system exam, as determined by the department based on available data; provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that such program shall supplement and shall not supplant currently funded local, state and federal programs at the school or district; provided further, that not later than January 15, 2005 the department shall report to the house and senate committees on ways and means on the total number of enhancement and transition grants requested and awarded; provided further, that the report shall 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 2006; provided further, that funds appropriated in this item for transition grant awards may be expended through August 31, 2005 for the purposes of transition projects scheduled for the school year beginning in September, 2005; and provided further, that the department may expend not more than $200,000 to administer the grants program established herein ........................................................................................................ $23,000,000

7030-1003
For the John Silber early literacy program and teacher training to promote research based school-wide literacy education and to promote literacy among children in grades K through 3 in the commonwealth; provided, that the office of reading and language arts shall administer said early literacy grant programs to improve the quality and effectiveness of literacy education in the commonwealth to the greatest extent possible; provided further, that these early literacy education programs shall be based on a scientifically-based reading research program consistent with the federal Reading First Initiative; provided further, that such school-wide literacy education programs shall provide for the evaluation and tracking of all students' reading and writing skills annually, 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 responsible for the coordination and training of other school staff; provided further, that $385,000 shall be expended for JFY.net, a Jobs for Youth initiative for high technology, literacy and job skill instruction to youth and adults through advanced software and existing infrastructure capacity in schools and community agencies; provided further, that funds shall be expended for the BayState Readers Initiative, modeled on the research-based best practices of the Alabama Reading Initiative, and which shall include maintaining support for existing Bay State readers schools and providing additional funds for new schools to participate in said program; 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; provided further, that in its evaluation of applications for said initiative, said office may take into consideration schools' cumulative grade 3 MCAS scores; provided further, that funds appropriated in this item for said initiative may be expended through August 31, 2005; provided further, that not more than $50,000 shall be made available to Edvocacy of Concord, to fund a school based pilot program designed to enhance the detection, evaluation and tracking of Dyslexia in students grades K through 3; provided further, that the results of said pilot shall be reported to the commissioner of education not later than December 31, 2005; provided further, that not more than $500,000 shall be made available for matching grants to fund the Reach Out and Read program, 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; provided further, that $60,000 shall be expended for the Lawrence Learning Center and Community Development in the city of Lawrence; provided further, that such program shall supplement currently funded local, state and federal programs at the school or district; and provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district, without further appropriation, notwithstanding the provisions of any general or special law to the contrary ............................................................................................................................... $4,122,989

7030-1004
For grants for 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 the home visiting program to serve area low income families; provided, that not less than $100,000 shall be expended for the Parent-Child Home Program in the city of Pittsfield; 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 .................................................. $1,000,000

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 .................................................................................................................................................. $1,910,788

7030-1500
For grants to head start programs .............................................................................................. $6,146,143

7032-0650
For School Link Services provider, the Pettengill House to provide advocacy counseling, referrals, emergency assistance and prevention education programs to the children and families of both Triton Regional and Amesbury Public Schools ............................$25,000

7035-0002
For grants to provide and strengthen adult basic education services, including reading, writing and mathematics, to a diverse network of organizations which have demonstrated commitment and effectiveness in the provision of such services, and that are selected competitively by the department of education; provided, that such grants shall support the successful transition of students from other adult basic education programs to community college certificate and degree granting programs; provided further, that such grants shall be contingent upon satisfactory levels of performance as defined and determined by 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 per cent of the funds appropriated herein may be expended for non-grant purposes .................................................................................................................................................. $27,813,209

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 ............................$38,000,000

7035-0007
For reimbursements to cities, towns, regional vocational or county agricultural school districts, independent vocational schools, or collaboratives for certain expenditures for transportation of non resident pupils to any approved vocational-technical program of any regional or county agricultural school district, city, town, independent school or collaborative pursuant to section 8A of chapter 74 of the General Laws; provided, that upon receipt by the department of education of required transportation cost reports, the department shall reimburse no more than 50 per cent of the total cost certified by the department; provided, further, that these reports shall meet criteria established by the department; 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 ............................................................................................................ $800,000

7051-0015
For the administration of the emergency food assistance program ............................................... $747,000

7052-0006
For grants and reimbursements to cities, towns, regional school districts and counties under chapter 645 of the acts of 1948 and chapter 70B of the General Laws, for (a) educational, engineering, and architectural services for school districts, (b) surveys made of school building needs and conditions, (c) matching stabilization fund payments, (d) costs of leasing buildings for vocational programs and originally equipping and furnishing said buildings for vocational programs, and (e) payments associated with admission to a regional school district ................................................................. $19,076

7053-1909
For reimbursements to cities and towns for partial assistance in the furnishing of lunches to school children, including partial assistance in the furnishing of lunches to school children as authorized by chapter 538 of the acts of 1951, and for supplementing funds allocated for the special milk program; provided, that notwithstanding any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed the required state revenue match contained in Public Law 79-396, as amended, cited as the National School Lunch Act and in the regulations implementing the act ........................................................................... $5,426,986

7053-1925
For the school breakfast program for public and nonpublic schools and for grants to improve summer food programs during the summer school vacation period; provided, that of the sum appropriated in this item, not less than $300,000 shall be expended for the summer food service outreach program and not less than $200,000 shall be expended for the school breakfast outreach program, including reimbursement of municipal expenses; provided further, that within the summer food program, priority shall be given to extending such programs for the full summer vacation period and promoting increased participation in such programs; provided further, that the department of education shall solicit proposals from returning sponsors and school food authorities in time for implementation of such grant program during the summer of 2005; provided further, that such grants shall only be awarded to sponsors who can demonstrate their intent to offer full summer programs or increase participation; provided further, that the department shall require sufficient reporting from each grantee to measure the success of such grant program; provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2005, prior appropriation continued ........................................ $2,266,575

7053-1927
For a supplement to the federally funded school breakfast program, whereby all children in schools receiving funds under the program shall be provided free, nutritious breakfasts at no cost to them; provided, that subject to regulations of the board that specify time and learning standards, breakfasts shall be served during regular school hours; provided, further, that participation shall be limited to those elementary schools mandated to serve breakfast 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 the department shall select school sites for programs authorized by this item no later than November 15, 2004 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, 2005; provided further, that nothing in this item shall give rise to enforceable legal rights in any party or an enforceable entitlement to services; and provided further, that nothing stated in this item shall be construed as giving rise to enforceable legal rights or enforceable entitlement to any services ............................$2,011,060

7061-0008
For school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed pursuant to chapters 70 and 76 of the General Laws and section 3; provided, 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 each school district shall report annually to the department of education on its professional development expenditures, in a manner and form prescribed by the commissioner and consistent with the accountability requirements of the federal No Child Left Behind Act; and provided further, that the department of education shall report annually to the house and senate committees on ways and means on school districts' professional development spending ................................. $3,183,282,601

The Governor disapproved this section:
The Legislature overrode the Governor's veto:

7061-0011
For a reserve to (1) meet extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of section 3 of this act; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to the provisions of section 3 of this act; provided, further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; provided, further, that preference shall be given to municipalities with an increase of greater than 25 per cent in required contribution to any of the districts to which the municipality belongs as a result of the new regional allocation methodology; (2) meet expenses associated with extraordinary increases in enrollment calculated on a per centage basis for such municipalities; provided, that preference shall be given to districts with enrollment growth of greater than 10 per cent from fiscal year 2000 through fiscal year 2005; (3) address the effects of reductions in per pupil chapter 70 aid between fiscal year 2003 and fiscal year 2005; provided, that preference in the awarding of such funds shall be given to districts which receive less than 20 per cent of their foundation budgets as chapter 70 aid, and which received reductions in chapter 70 aid of greater than 10% between fiscal year 2003 and fiscal year 2004; (4) assist regional school districts which, prior to fiscal year 2005, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2005, will assess member towns using the required contributions calculated pursuant to chapter 70 of the General Laws and section 3 of this act; (5) assist municipalities with median income below the state average and equalized valuation per capita above the state average; provided further, that preference in the awarding of funds shall be given to municipalities with required local contributions greater than 80 per cent of their foundation budgets; (6) assist municipalities which pay a separate and additional tax to multiple fire districts within the municipality's borders, and which have required minimum contributions in excess of 80 per cent of the municipal district's foundation budget; (7) assist municipalities negatively impacted by shortfalls in federal impact aid for the education of children of families employed by the federal government on military reservations located within the town limits; (8) assist densely populated urban districts with high fixed costs and enrollment declines of greater than 3 per cent resulting in no increase in Chapter 70 aid; provided further, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall only be available on a one time non-recurring basis; provided further, that the department shall make not less than 80 per cent of awards from this item not later than October 15, 2004; and provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the minimum required local contribution for fiscal year 2006 ......................................................................................... $6,870,000

7061-0012
For the reimbursement of extraordinary special education costs pursuant to section 5A of chapter 71B of the General Laws; provided, that reimbursements shall be pro-rated such that expenses of this item do not exceed the amount appropriated herein; provided further, that upon receipt by the department of education of required special education cost reports from school districts, said department shall reimburse districts based on fiscal year 2004 claims; 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 not less 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 that amount, funds may be expended for the purposes of training teachers and students; provided further, that not more than $1,000,000 shall be expended for the monitoring and follow-up activities of the department's complaint management system, review and approval of local educational agency applications, and local school district's compliance with the part B requirements of the federal special education law, known as the Individuals with Disabilities Education Act, in the provision of special education and related services to children with disabilities; provided further, that such monitoring activities shall occur in each school district in cycles of not less than 3 years; provided further, that, in order to facilitate such monitoring, the department may allocate funds from this item to item 7061-0029, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer; provided further, that not more than $500,000 shall be expended to administer the reimbursements funded herein; provided further, that notwithstanding section 5A of chapter 71B of the General Laws, as amended by this act, the department, at the discretion of the commissioner, may expend up to $3,000,000 to reimburse districts for extraordinary increases in costs incurred during fiscal year 2005 which, except for the change in this act to reimbursing for prior year expenses, would be reimbursable under said section 5A; provided further, that reimbursements for current year costs shall be limited to school districts which experience increases of greater than 25 per cent from costs reimbursable under section 5A of chapter 71B of the General Laws and incurred during fiscal year 2004 to costs reimbursable under section 5A of chapter 71B of the General Laws and incurred during fiscal year 2005 or other cases of extraordinary hardship where special education costs increase in relationship to total district costs as the department may define through regulation or guidelines; provided further, that reimbursements for current year costs shall be allocated as one-time grants and shall not decrease reimbursements in the following fiscal year; provided further, that, the department shall conduct audits of fiscal year 2004 claims in no fewer than 50 districts; provided further, that if said claims are found to be inaccurate, the department shall recalculate the fiscal year 2005 reimbursement amount and adjust the third and fourth quarter payments to said districts to reflect the new reimbursement amount; and provided further, that said department shall file a report with the house and senate committees on ways and means no later than January 1, 2005 on the results of said audits .................................................................................................................. $201,600,262

7061-0029
For the office of educational quality and accountability established pursuant to section 55A of chapter 15 of the General Laws; provided, that not less than $95,000 shall be expended for the purpose of continuing a study on effective means of serving special education students through the Donahue Institute at the University of Massachusetts.............................................................$2,696,971

7061-9010
For fiscal year 2005 reimbursements to certain cities, towns and regional school districts pursuant to section 89 of chapter 71 of the General Laws ............................................................................................................. $37,700,000

7061-9200
For the education technology program ....................................................................................... $745,343

7061-9307
For the Student Tardiness and Attendance Review Team, the START program, so-called, a truancy prevention program in the Lowell School system designed to intervene and change patterns of truancy and absenteeism in grades 5 through 9, improving academic performance ............................................................................................... $100,000

7061-9400
For student and school assessment including the administration of the Massachusetts comprehensive assessment system (MCAS) exam established by the board of education pursuant to the provisions of section
1D and 1I of chapter 69 of the General Laws and for grants to school districts to develop portfolio assessments for use in individual classrooms as an enhancement to student assessment; provided, that as much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods such instruments shall include consideration of work samples and projects and shall facilitate authentic and direct gauges of student performance; provided further, that such portfolio assessments shall not replace the statewide standardized assessment based on the curriculum frameworks; provided further, that all school assessments shall center on the academic standards embodied in the curriculum frameworks and shall involve gauges which shall be relevant and meaningful to students, parents, teachers, administrators and taxpayers pursuant to the first paragraph of section 1L of chapter 69 of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, assessment of proficiency in English shall be administered in English ... $18,679,946

7061-9404
For targeted intervention to schools and districts at risk of or determined to be underperforming in accordance with sections 1J and 1K of chapter
69 of the General Laws and for assistance and grants to cities, towns and regional school districts to provide targeted remediation programs in English and math to high school students in the classes of 2003, 2004, 2005 and 2006 scoring in level one on the Massachusetts Comprehensive Assessment System (MCAS) exam established by the board of education pursuant to the provisions of sections 1D and 1I of said chapter 69; provided, that the department and districts shall ensure that services are available to students with disabilities; provided further, that, in awarding targeted remediation funds, preference may be given to schools and districts at risk of or determined to be under-performing in accordance with said sections 1J and 1K of said chapter 69; provided further, that the purpose of this program shall be to improve students' performance on the MCAS exam through replication of services and educational strategies with proven results as determined by the department of education that may include but shall not be limited to: integrated tutoring and mentoring programs, supplemental web-based tutorial programs that are diagnostic and prescriptive, weekend and school vacation programs focused on English and math remediation, the English and math components of comprehensive after school programs, and the remediation component of summer programs; provided further, that such programs shall supplement currently funded local, state, and federal programs at the school or district; provided further, that such grants and assistance shall be used solely for the academic portions of such programs, and shall focus on the acquisition of skills in English and math needed to pass the MCAS; provided further, that funds shall be expended for a competitive grant program to fund academic support and college transition services to be implemented in fiscal year 2005, and operated by public institutions of higher learning or by public-private partnerships in the commonwealth, for students in the graduating classes of 2003 and 2004 who have completed high school but have not yet obtained a competency determination as defined in section 1D of said chapter 69 as measured by the MCAS assessment instrument authorized by said section 1I of said chapter 69, but who are working to pass the English and math MCAS tests, obtain a competency determination, and earn a high school diploma; provided further, that for the purpose of said programs, appropriated funds may be expended through August 31, 2005 to allow for summer remediation programs; provided further, that funds shall be expended for a competitive grant program to fund so-called Pathways programs targeting eleventh and twelfth graders, instituted by local school districts, public institution of higher education and qualified public and private educational services organization and One Stop Career Centers including, but not limited to, school-to-work connecting activities creating worksite learning experiences for students as an extension of the classroom, outreach programs for students who will need post-twelfth grade remediation to attain the skills necessary to pass MCAS, and counseling programs to educate parents and high school students on post-twelfth grade remediation options; provided further, that funds shall be expended for a competitive grant program, guidelines for which shall be developed by the department of education, for intensive remediation programs, in communities with students in the graduating classes of 2003, 2004, 2005 and 2006 who have not obtained a competency determination on either the tenth grade English or math MCAS exams; provided further, that the department of education may give preference for such assistance to those districts with a high per centage of high school students scoring in level one on the MCAS exam in English and math; provided further, that eligible applicants shall include individual high schools, and those institutions which shall have partnered with a high school or group of high schools, including but not limited to, institutions of public and private higher education, providers of adult basic education services, career centers, other public and private educational services organizations, including, but not limited to, JFY. Net, and after-school programs with a structured academic component and focused on MCAS remediation operated by public and non-public entities including, but not limited to, members of the national alliance of boys and girls clubs; provided further, that no district shall receive a grant from this appropriation until said district submits to the department of education a comprehensive district plan pursuant to the provisions of said section 1I of said chapter 69, to improve performance of all student populations including, but not limited to, students with disabilities; provided further, that no less than $4,000,000 shall be expended for targeted intervention in districts at risk of or determined to be underperforming in accordance with said sections 1J and 1K of said chapter 69; provided further, that targeted intervention funds shall not be expended in any school or district that fails to file a comprehensive district plan pursuant to the provisions of said section 1I of said chapter 69 of the General Laws; provided further, that targeted intervention funds in said districts may be expended on preventive remediation in grades eight through ten, on any student who failed the English or math MCAS in the eighth grade; provided, further, that targeted intervention funds may be expended on grants which allow for the implementation of whole school reform in said schools and districts; provided, that the department shall only approve reform plans with proven, replicable results in improving student performance; provided, further, that no funds shall be expended on targeted intervention unless the department shall have approved, as part of the comprehensive district improvement plan, a professional development plan which provides for professional development among teachers of the same grade levels and teachers of the same subject matter across grade levels, and which focuses on improving skills in the teacher's subject areas, and on providing teachers with research based strategies for increasing student success; provided, further, that funds from any targeted intervention grant may be used to partially offset the cost of said professional development: provided, that preference in the awarding of said funds shall be given to professional development in math and English content skills, with a proven record of success, and to intervention strategies which are research based and replicable; provided further, that any grant funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary; provided further, that not less than $20,000 shall be expended for a Brown Eyes Blue Eyes Pilot Project, linking performance to perception to improve MCAS scores by teaching children how to recognize faulty stereotypes inherent in racism for schools in Falmouth, Mashpee, Bourne, Barnstable and Springfield; provided further, that not less than $60,000 be expended to Casa Dominican in Lawrence; provided further, that not less than $1,000,000 shall be transferred to JFY Networks, formerly Jobs for Youth, for a matching grant for the purposes of enhancing student performance on the Massachusetts Comprehensive Assessment System examination through instructional computer software; provided further, that not more than $1,000,000 be expended for English language acquisition professional development as part of an initiative designed to improve the academic performance of English language learners and effectively implement sheltered English immersion as outlined in chapter 386 of the acts of 2002; provided further, that not less than $60,000 shall be expended for Centro Latino de Chelsea to provide adult basic education services in the city of Chelsea; provided further, that the department shall issue a report, no later than February 1, 2005 and annually thereafter as a condition of continued funding under this account, in collaboration with the board of higher education, describing MCAS support programs for the graduating classes of 2003, 2004, 2005 and 2006 funded by items 7061-9404 and 7027-0019, school to work accounts, institutions of public higher education, and other sources, including federal sources; provided further, that such report shall include but not be limited to, the number of students eligible to participate in such programs, the number of students participating in such programs, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs, but not met local graduation requirements, and the number of students who have passed the MCAS assessment and obtained a competency determination through these programs and met local graduation requirements; provided further, that said report shall be provided to the chairmen of the house and senate ways and means committees and the house and senate chairs of the joint committee on education, arts, and humanities; and provided further, that the department may expend up to $350,000 to administer programs funded herein ......................................................................... $14,140,001

7061-9604
For teacher preparations ........................................................................................................... $1,531,271

7061-9612
For the school of excellence program at the Worcester Polytechnic Institute; provided, that every effort shall be made to recruit and serve equal numbers of male and female students; provided further, that sending districts of students attending the academy shall not be required to expend any funds for the cost of these students while in attendance at the academy; provided further, that the Massachusetts Academy of Mathematics and Science shall be obligated to provide professional development activities at the school located at Worcester Polytechnic Institute, including salary and benefits for master teachers and visiting scholars; provided further, that the department of education shall provide a subsidy to the Worcester Polytechnic Institute to operate a school of excellence in mathematics and science; and provided further, that the academy shall file a report with the joint committee on education and the house and senate committees on ways and means by February 1, 2005 detailing said professional development activities ............................................. $1,199,231

7061-9614
For the alternative education grant program established pursuant to section 1N of chapter
69 of the General Laws, as established in this act; provided that the commissioner shall allocate funds for both subsection A and B of said section 1N of said chapter 69 ......................................................................................................................... $1,000,000

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

7061-9621
For the administration of a grant program for gifted and talented school children; provided, that the funds appropriated in this item shall be in addition to any federal funds available for such program; provided further, that priority shall be given to those grant applications that address the needs of students who are identified by any of the following criteria: (1) the result of a standardized aptitude examination which is 3 or more standard deviations above the mean; (2) an evaluation by the child's teachers that the child does perform, or is capable of performing satisfactorily at 2 or more grade levels above the child's chronological age; or, (3) a score on the math or verbal Scholastic Aptitude Test by a child of no more than 13 years of age which is equal to, or greater than, the average on either test obtained by college-bound high school juniors; and provided further, that such programs may be made avail able by a city, town or regional school district ...... $99,999

7061-9626
For grants and contracts with youth-build programs for the purposes of providing comprehensive youth-build services ............................$1,200,000

7061-9634
For a transfer of this item to the Massachusetts Service Alliance, which shall be solely responsible for administering a grant program for public and private agencies with mentoring programs for the recruitment and training of mentors and for other supporting services including, but not limited to, academic support services; provided, that the department of education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for this purpose of such grants; provided further, that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every dollar disbursed from this item; provided further, that funds may be expended to support the mentoring activities of the planned learned achievement for youth program; provided further, that 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, 2004 .................................................................................................................. $287,000

Board of Early Education and Care.

7062-0000
For the maintenance and operation of the board of early education and care; provided, that funding from this item may be used to develop an implementation plan for a workforce development system, pursuant to section 5 of chapter 15D of the General Laws; provided further, that funds from this item shall be expended on the development of a kindergarten readiness assessment system that is educationally sound; provided further, that funds from this item shall be expended on the development of a comprehensive evaluation system for all early education and care programs in the commonwealth; provided further, that funds shall be expended on this item for planning grants for communities developing plans for universal early education and care for pre-school children pursuant to the provisions of this act; provided further, that for the purposes of such planning grants, appropriated funds may be expended through December 31, 2005; and provided further, that said board may enter into interagency service agreements with other state agencies for the administration of early education and care services ............................................................................................................................. $600,000

Board of Higher Education.

7066-0000
For the operation of the board of higher education; provided, that the board shall recommend savings proposals that permit institutions of public higher education to achieve administrative and program cost reductions, resource re-allocation and program re-assessment and utilize resources otherwise available to such institutions; provided further, that in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority and the University of Massachusetts Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of these authorities, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the General Fund from the funds received from the operations of the projects such costs, if any, as shall be incurred by the commonwealth for these purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education and approved by the secretary of administration and finance ............................. $1,922,714

7066-0005
For the commonwealth's share of the cost of the compact for education ...................................... $61,978

7066-0009
For the New England Board of Higher Education ....................................................................... $367,402

7066-0015
For the community college workforce training incentive grant program established in section 15F of chapter 15A of the General Laws ............................................................................................................................ $2,900,000

7066-0016
For a program of financial aid to support the matriculation of certain persons at public and private institutions of higher learning; provided, that only persons in the custody of the department of social services pursuant to a care and protection petition upon reaching the age of 18, or persons in the custody of the department matriculating at such an institution at an earlier age, shall qualify for such aid; provided further, that no such person shall be required to remain in the custody of the department beyond age 18 to qualify for such aid; provided further, that this aid shall not exceed $6,000 per recipient per year; and provided further, that this aid shall be granted after exhausting all other sources of financial support ............................$850,000

7070-0031
For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the chancellor of higher education and for students with serious physical impairments, known as the Ronald E. McNair education opportunity program ............................$1,965,638

7070-0065
For a scholarship program to provide financial assistance to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education; provided, that the Massachusetts state scholarship office shall expend not less than $13,495,295 for Foster Furcolo community college access grants to ensure that no Massachusetts resident enrolled in and pursuing an associate's degree in any of the community colleges pays more than $500 in tuition and fees net of any federal or state scholarship or tax credit; provided further, that any resident whose expected family contribution level, as determined 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 $9,896,550 shall be expended for state college access grants; provided further, that any Massachusetts resident enrolled in and pursuing a bachelor's degree in any of the state colleges whose expected family contribution level, as determined according to the federal methodology established pursuant to said Part F of Title IV of the Higher Education Act of 1965, as amended, is not more than $2,000, shall incur no net tuition and fee costs after deducting any federal or state scholarship or tax credit from financial need as calculated by the state scholarship office; provided further, that not less than $8,697,220 shall be expended for a program of needs-based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education in the University of Massachusetts; provided further, that $3,148,902 shall be expended for the part-time student grant program; provided further, that of the sum appropriated in this item, not less than $427,351 shall be obligated for the purposes of the Massachusetts plan, pursuant to section 5C of chapter 15C of the General Laws; provided further, that the Massachusetts state scholarship office shall expend not less than $18,623,508 to provide for matching scholarship grants to needy Massachusetts students at participating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; provided further, that not less than $170,940 shall be made available to provide financial assistance for Massachusetts residents enrolled at public higher education institutions to participate in the Washington Center-Massachusetts Initiative Academic Internship program; provided further, that except as otherwise provided in this act, all financial assistance mentioned previously in this item shall be distributed to students demonstrating the greatest need as determined by an eligibility index used by the state scholarship office; provided further, that students awarded full or partial scholarships under the Christian A. Herter Memorial Scholarship Program, established in section 16 of chapter 15A of the General Laws, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by 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 adopt regulations governing the eligibility and the awarding of financial assistance; provided further, that not more than $1,589,945 shall be expended on the administration of the scholarship program; provided further, that not less than $2,249,216 shall be provided for grants to residents of the commonwealth who are working as paraprofessionals in public schools of the commonwealth while pursuing a bachelor's degree at a public 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 2 years before receipt of such grant, or who are enrolled in and pursuing courses of study that will lead to certification as a teacher in bilingual education, special education, math, science, or foreign languages, and who commit to teach and actually teach for 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 ........................................................................................................ $82,373,454

7077-0023
For a contract with the Tufts School of Veterinary Medicine; provided, that funds appropriated in this item 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; provided further, that prior year costs may be paid from this item; provided further, that funds appropriated herein shall support bioterrorism prevention research related to diseases that can be transmitted from animals to humans, in consultation with Massachusetts emergency authorities; and provided further, that said school shall work in consultation with the Norfolk County Agricultural School on veterinary programs ............................$3,304,000

University of Massachusetts.

7100-0200
For the operation of the University of Massachusetts; provided, that notwithstanding any general or special law to the contrary, the university may establish and organize auxiliary organizations, subject to policies, rules and regulations adopted by the board, to provide essential functions which are integral to the educational mission of the university; provided further, that notwithstanding any general or special law to the contrary, the university may enter into leases of real property without prior approval of the division of capital asset management and maintenance; provided further, that the amount expended in fiscal year 2005 for the University of Massachusetts at Amherst Cranberry Station at Wareham shall not be less than the amount expended for that purpose in fiscal year 2004; provided further, that such funds shall be expended in accordance with plan reviewed and recommended by the University of Massachusetts at Amherst Cranberry Experiment Station Board of Oversight; provided further, that not less than $500,000 shall be expended so the Center for Portuguese Studies shall operate at the University of Massachusetts at Dartmouth; provided further, that not less than $100,000 shall be expended for the University of Massachusetts at Amherst school of food science for the evaluation and development of science based food policy and regulation; provided further, that $100,000 shall be expended for costs associated with the relation of the Demonstration School previously located at the West Campus of the University of Massachusetts at Lowell; provided further, that the School for Marine Environmental Science Technology and Fisheries shall operate at the University of Massachusetts at Dartmouth; provided further, that the sum expended for the UMass Extension in fiscal year 2005 shall be adjusted only in direct proportion to university budget adjustments to other academic programs of the University of Massachusetts at Amherst; provided further, that such funds shall be expended in accordance with a plan reviewed by the UMass Extension Board of Public Overseers; provided further, that not less than $50,000 shall be expended for the 4-H program; provided further, that not less than $250,000 shall be expended for labor studies programs at the Amherst, Boston, Dartmouth and Lowell campuses; provided further, that no funds appropriated in this item may be used for the issuance or renewal of student or employee identification cards which display a student or employee's social security number; provided further, that funding for the William Joiner Center for the Study of War and Social Consequences shall be funded at an amount not less than was allocated in the previous fiscal year; provided further, that not less than an additional $30,000 shall be appropriated for the Hispanic Writers in the Schools program; and provided further, that the Mauricio Gaston Institute for Latino Community and Public Policy shall be funded at fiscal year 2003 levels .......... $337,864,464

7100-0300
For the operation of the toxics use reduction institute program at the University of Massachusetts at Lowell, in accordance with section 6 of chapter 21I of the General Laws .................................................................... $1,225,217

The Governor disapproved this section:
7100-0350
For an assessment at the toxic use reduction institute on the feasibility of adopting chemical and/or technological alternatives for the following toxic or hazardous substances: lead, formaldehyde, trichloroethylene, perchloroethylene, dioxins and furans, hexavalent chromium, organophosphate pesticides, pentabromodiphenyl ether (Penta BDE), 2,4, Dichlorophenoxyacetic acid (2,4,D) and di-(2-ethylhexyl)phthalate (DEHP); provided, that said assessment shall, for each named toxic or hazardous substance, identify: (1) significant uses of the toxic substance in the commonwealth in manufacturing, consumer products and any other applications, (2) potential human health and environmental impacts, (3) any and all alternative chemicals and/or technologies, both proven and emergent, and an analysis of their potential to serve as substitutes for one or more of the toxic or hazardous substances list above, which shall include a assessment of: (a) specific applications of any alternative chemical and/or technology, (b) potential impacts on the environment, human health, workers, employment level and economic competitiveness of the commonwealth from adopting and implementing any alternative chemical and/or technology as substitutes, (c) the economic opportunities or feasibility of adopting and implementing any alternative chemical and/or technology as a substitute including, but not limited to, consideration of the potential effects on capital, operating and production unit costs, and product price, to result from said substitution; and provided further, that the Institute shall report its findings to the joint committee on natural resources and agriculture by July 1, 2005 ............................$250,000

7100-0500
For the operation of the board of higher education's Commonwealth College honors program at the University of Massachusetts at Amherst ......................................................................................................... $1,715,000

State Colleges.

7109-0100
For Bridgewater State College; provided, that not less than $245,814 shall be expended for the operation of the John Joseph Moakley Center for Technological Applications at Bridgewater State College; 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 ........................................................................................................................... $29,536,751

7110-0100
For Fitchburg State College ....................................................................................................... $22,251,457

7112-0100
For Framingham State College; provided, that not less than $160,000 shall be expended for the regional economic research center; provided further, that $130,000 shall be expended for the operation of the commonwealths' global education centers .................................................................................................................................................. $18,444,192

7113-0100
For the Massachusetts College of Liberal Arts ........................................................................... $11,021,585

The Governor disapproved this section:
The Legislature overrode the Governor's veto:

7113-0105
For the Massachusetts College of Liberal Arts; provided that not less than $250,000 shall be expended for capacity building at the Massachusetts College of Liberal Arts in conjunction with a pilot wireless learning initiative in conjunction with the Massachusetts Technology Collaborative; and provided further, that not less than $250,000 shall be expended for the assessment and evaluation of the higher education resources available to residents of Berkshire County ............................$500,000

7114-0100
For Salem State College ............................................................................................................ $29,375,729

7114-0101
For a reserve for the operation and maintenance costs associated with the acquisition of the GTE/Sylvania property located in the city of Salem .................................................................................................................... $701,383

The Governor disapproved this section:
The Legislature overrode the Governor's veto:

7114-0105
For the aquaculture program at Salem State College established pursuant to section 274 of chapter 38 of the acts of 1995 .................................................................................................................................................. $200,000

7115-0100
For Westfield State College ....................................................................................................... $18,439,563

7116-0100
For Worcester State College ..................................................................................................... $18,628,557

7116-0101
For the Latino Education Institute at Worcester State College .................................................... $200,000

The Governor disapproved this section:
The Legislature overrode the Governor's veto:

7116-0105
For a matching grant for improvements to rockwood field located at Worcester State College; provided, that said match shall be one dollar of private funds for every dollar of state funds raised through alumni contributions; provided, that no funds shall be expended until an equal or greater amount has been raised through alumni contribution and committed by Worcester State College foundation for said project; and provided further, that said college shall work with the city of Worcester ............................$125,000

7117-0100
For the Massachusetts College of Art ........................................................................................ $9,071,228

7118-0100
For the Massachusetts Maritime Academy; provided further, that $325,000 shall be expended for a design construction grant to develop an alternative energy source with Massachusetts Technology Collaborative ....... $9,733,263

Community Colleges.

7502-0100
For Berkshire Community College ............................................................................................. $7,725,620

7503-0100
For Bristol Community College .................................................................................................. $12,425,614

7504-0100
For Cape Cod Community College; provided, that not less than $35,000 be expended for a feasibility study on student housing on campus to address both lack of affordable housing and workforce shortages in the region ............................................................................$9,133,600

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

7505-0100
For Greenfield Community College ............................................................................................ $7,453,556

7506-0100
For Holyoke Community College; provided, that funds may be expended for the operation of the Holyoke Home Information Center .................................................................................................................... $14,674,492

7507-0100
For Massachusetts Bay Community College .............................................................................. $11,443,374

7508-0100
For Massasoit Community College ............................................................................................ $15,950,502

7509-0100
For Mount Wachusett Community College; provided, that $100,000 shall be expended for the Latino education and family development program ................................................................................................................ $9,291,583

7510-0100
For Northern Essex Community College .................................................................................... $15,163,084

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 ............................................................... $16,541,568

The Governor disapproved this section:
7511-0101
For the establishment and administration of the public policy institute and resource center at North Shore Community College ..................................................................................................................................... $250,000

7512-0100
For Quinsigamond Community College ...................................................................................... $11,956,456

7514-0100
For Springfield Technical Community College ............................................................................ $18,842,171

7514-0102
For the Massachusetts Center for Telecommunications and Information Technology through the Springfield Technical Community College Assistance Corporation, as established by section 125 of chapter 273 of the acts of 1994; provided, that the amount appropriated in this item shall include, but not be limited to, operating and maintaining cable television programming, distance learning curricula, telecommunications-intensive company facilities, and a small business incubator; provided further, that funds shall be allocated for a reserve for the operation and maintenance expenses incurred by Springfield Technical Community College associated with the acquisition of the Digital property; provided further, that the college may expend revenues in an amount not to exceed $575,000 received from rent, utility, and other charges for the operation and maintenance of the property; and provided further, that funds shall be encumbered for an emergency reserve for unanticipated operating and maintenance expenses of Springfield Technical Community College in the acquisition of the Digital property ......................................................................................................................... $535,206

7515-0100
For Roxbury Community College .............................................................................................. $8,827,356

7515-0120
For the operation of the Reggie Lewis Track and Athletic Center at Roxbury Community College ............................................................................$700,000

7515-0121
For the Reggie Lewis Track and Athletic Center at Roxbury Community College; provided, that the college may expend an amount not to exceed $529,843 received from fees, rentals, and facility expenses associated with the running and operation of national track meets, high school track meets, high school dual meets, Roxbury Community College athletic events, other special athletic events, conferences, meetings, and programs; and provided further, that only expenses for contracted services associated with these events shall be funded from this item ............................................. $529,843

7516-0100
For Middlesex Community College ............................................................................................ $15,403,816

7518-0100
For Bunker Hill Community College; provided, that $108,000 shall be obligated for the life focus center ............................................................................ $15,722,114

7520-0424
For a health and welfare reserve for eligible personnel employed at the community and state colleges ............................................................................$4,382,445

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Office of the Secretary.

The Governor reduced the following item by $75,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
8000-0000
For the office of the secretary, including the administration of the committee on criminal justice, the highway safety bureau to provide matching funds for a federal planning and administration grant pursuant to 23 U.S.C. section 402, and the hate crimes awareness program; provided, that not less than $200,000 shall be expended for the creation of an undersecretary of forensic services and forensic support services; provided further, that not less than $25,000 shall be expended to provide additional Milton Police patrols for the portion of the Neponset River bicycle path in the town of Milton; provided further, that not less than $50,000 shall be expended for a commission to be known as the State Resilience Development and Anti-Terrorism Commission which shall be comprised of 5 members who shall be appointed by the Inspector General; provided further, that the commission shall be responsible for researching, developing, and coordinating resilience-building programs and protocols, including, but not limited to, risk communication protocols, community strategies to maximize public adherence to disaster contingency plans, training for teachers and school personnel to guide students through disasters and tools for first responders to maximize their effectiveness during and after a crisis; provided further, that the commission shall approve and audit all state, local and regional programs and ensure that all state, local and federal funding and grants are appropriately expended; provided further, that the commission shall analyze state and local preparedness for terrorism to ensure that the state public health infrastructure is prepared to adequately respond to the psychological and physical consequences across a continuum of possible terrorism events; provided further, that the commission shall ensure that state and local disaster planners address psychological and physical consequences in their planning and preparedness and in their response to pre-event, event and post-event phases of terrorist attacks; provided further, that due consideration shall be given to needs associated with different types of terrorism events and to needs for various segments of the population; provided further, that due consideration shall also be given to providing adequate state and local prioritization and funding of resources and support for psychological preparedness and response.; provided further, that the commission shall develop strategies for encouraging state public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase psychological resilience and mitigate distress reactions and maladaptive behaviors to a conventional, biological, chemical or radiological attack in the commonwealth; provided further, that the commission may hire staff, contract and enter into agreements for the operation of the commission; and provided further, that the commission may seek grants and other funding sources for the operation of the commission .................................................................................................................................................. $1,951,429

General Fund ................................................................................................................. 15.0%
Highway Fund ............................................................................................................... 85.0%

8000-0010
For community policing grants to be administered by the executive office of public safety; provided, that no such grants shall be awarded to the department of state police; provided further, that any community earmarked to receive funds in item 8000-0010, in section 2, of chapter 26 of the acts of 2003, including funds allocated by section 67 of chapter 140 of the acts of 2003, shall receive 100 per cent of the amount so earmarked in fiscal year 2005; provided further, that grants shall only be expended on items that are related to community policing activities, programs, purchases or construction; provided further, that grant funds shall not be expended on food and beverages, recruit training academy tuition, salaries and benefits for non-community policing personnel and payments for non-related overtime; and provided further, that not later than March 15, 2005 the executive office of public safety shall submit a report to the house and senate committees on ways and means detailing the amount of grants awarded to these grant recipients and descriptions of these grants ............................................................................$20,267,596

8000-0040
For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers .................................................................................................................................................. $46,092,122

8000-0060
For the costs associated with implementation of chapter 228 of the acts of 2000; provided, that the secretary of public safety may allocate funds appropriated in this item to agencies within the executive office of public safety ............................................................................$150,000

8000-0202
For the purchase and distribution of sexual assault evidence collection kits .................................. $55,861

8000-2004
For security costs provided by the executive office of public safety; provided, that the executive office may collect an amount not to exceed $11,000,000 from the city of Boston in reimbursements for the purpose of funding security costs associated only with hosting the Democratic National Convention ................................................................ $11,000,000

Office of Chief Medical Examiner

8000-0105
For the operation of the office of the chief medical examiner established pursuant to chapter 38 of the General Laws; provided, that not less than $850,000 shall be expended for toxicology testing and results ........... $6,126,377

8000-0106
For the operation and related costs of the state police crime laboratory; provided, that the agency shall enter into agreements with the various district attorneys to provide forensic services for criminal cases brought forth by the commonwealth; provided further, that the agency shall contract with a public institution to conduct testing for criminal cases; and provided further, that the practices and procedures of the state police crime laboratory shall be informed by the recommendations of the Forensic Sciences Advisory Board ....................................................................................... $6,232,118

8000-0122
The office of the chief medical examiner may expend for its operations an amount not to exceed $1,000,000 in revenues collected from fees for services provided by the chief medical examiner; provided, that notwithstanding any general or special laws to the contrary, for the purposes of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the agency may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................................................................$1,000,000

Criminal History Systems Board.

8000-0110
For the operation of the criminal history systems board; provided, that the board shall fund 1 administrative assistant who shall be employed in the victim services unit of the board for the continued and enhanced operation of the post-conviction victim and witness certification program operated pursuant to chapter
258B and clause (c) of the first paragraph of section 172 of chapter 6 of the General Laws; provided further, that said victim services position shall be in addition to any such positions approved as of February 1, 1998; provided further, that not more than $75,000 shall be expended for the purpose of enabling local housing authorities access to criminal offense information when qualifying applicants for state-assisted housing; provided further, that the board shall, not later than September 30, 2004, adopt regulations to: a) assure that the distribution of criminal offender record information relates to the individual for whom the request has been made, b) afford practical assistance in corrections to an criminal offender record information report to an individual who submits evidence to the board that one or more charges in a criminal offender record information report distributed by the board and purportedly relating to that individual, in fact, do not relate to that individual, c) limit the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise authorized by law, and d) require that any entity other that a criminal justice agency that receives a criminal offender record information report from the board as to an individual and, as a result of that report, is inclined to make an adverse decision as to the individual, shall, before making a final decision, afford the individual an opportunity to dispute the accuracy and relevance of the criminal offender record information report; and provided further, that not later than February 28, 2005, the board shall file a report with the house and senate committees on ways and means detailing. the steps the board has taken to implement the preceding proviso and the success of those steps in improving the accuracy of the criminal offender record information system ...................................................................................................................................... $2,560,647

Highway Fund ............................................................................................................... 50.0%
General Fund ................................................................................................................. 50.0%

8000-0180
For the implementation of the Massachusetts instant recording and check system ........................ $400,000

8000-0190
For a retained revenue account for the criminal history systems board; provided, that said board may expend not more than $185,000 from fees collected for criminal offender record information requests; provided, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .............................................. $185,000

8000-1122
For the telecommunications and information technology costs of the criminal history systems board; provided, that no funds provided in this item shall be expended in the KK subsidiary ...................................................... $2,842,661

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 ......................................... $3,596,891

8000-0225
The sex offender registry board may expend an amount not to exceed $750,000 from revenues collected from sex offender registration fees for the purpose of expediting the final classification of sex offenders and reducing the current case backlog; provided, that $200,000 shall be expended for interagency service agreements between the sex offender registry board and the various district attorneys in order to defray the costs incurred by said district attorneys from proceedings relative to the civil commitment of sexually dangerous persons including, but not limited to, probable cause hearings and trials initiated pursuant to sections 12 through 15, inclusive, of chapter 123A of the General Laws ................... $750,000

State Police.

The Governor reduced the following item by $2,328,946 and disapproved certain wording.
The Legislature overrode the Governor's veto.
8100-0000
For the administration and operation of the department of state police; provided, that the department shall expend funds from this item for the purposes of maximizing federal grants for the operation of a counter-terrorism unit; provided further, that the department shall maintain the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not fewer than 40 officers may be provided to the department of conservation and recreation for the purpose of patrolling the watershed property of the department of conservation and recreation; provided further, that funds shall be expended from this item for the administration and operation of an automated fingerprint identification system and the motor carrier safety assistance program; provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse; provided further, that the department shall enter into an interagency agreement with the department of conservation and recreation to provide police coverage on department properties and parkways; provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the office of law enforcement in the executive office of environmental affairs department of fisheries, wildlife and environmental law enforcement at no cost to, or compensation from, that office; provided further, that not less than $2,328,946 shall be expended for the payroll costs of the state police directed patrols; provided further, that any community that was selected to receive earmarked funds in fiscal year 2004 shall receive 100 per cent of the amount so earmarked in fiscal year 2005; provided further, that not less than $750,000 shall be expended to curb gang-related activities in the cities of Boston, Brockton, Chelsea, Lawrence, Revere, Springfield and Worcester; and provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the office of the chief medical examiner, the criminal justice training council and the criminal history systems board .................... $196,375,102

Highway Fund ............................................................................................................. 88.20%
General Fund ............................................................................................................... 11.80%

8100-0006
For private police details; provided, that the department may expend up to $13,500,000 in revenues collected from fees charged for private police details and for the costs of administering such details; and provided further, that notwithstanding any general or special law to the contrary, the department of state police may incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year 2005 to be charged to this item in an amount not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system for the purposes stated in this item to accommodate the delayed receipt of revenues authorized to be retained in this item during fiscal year 2005 ............................................................................$13,500,000

8100-0007
For the overtime of State police officers including the operation of the drug enforcement task force; provided, that the department shall furnish, on a quarterly and annual basis, a report to the house and senate committees on ways and means outlining by category, division and cost in which overtime hours were worked; provided further, that the report shall also include a calculation reviewing the reduced number of overtime hours worked and savings to the department resulting from 2 new state police classes pursuant to item 8100-0515 ................................................................. $11,060,782

Highway Fund ............................................................................................................. 88.20%
General Fund ............................................................................................................... 11.80%

8100-0011
The department of state police may expend an amount not to exceed $3,600,000 for certain police activities provided pursuant to agreements authorized in this item; provided, that for fiscal year 2005, the superintendent of the state police may enter into service agreements with the commanding officer or other person in charge of a military reservation of the United States located in the 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 said superintendent may enter into service agreements as may be necessary to enhance the protection of persons, as well as assets and infrastructure located within the commonwealth, from possible external threat or activity, provided that such agreements shall establish the responsibilities pertaining to the operation and maintenance of police services including, but not limited to: (1) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (2) provisions governing payment to the department for the cost of equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the superintendent may expend from this item costs associated with joint federal and state law enforcement activities from federal reimbursements received therefore; and provided further, that notwithstanding any general or special law to the contrary for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not exceed the lower of this authorization or the most recent revenue estimate ............................................................................$3,600,000

Highway Fund ............................................................................................................. 100.0%

8100-0020
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

8100-0101
For auto etching fees; provided, that the department may expend up to a maximum of $17,980 in revenues collected from fees for services performed through the auto etching program ..................................................... $17,980

8100-0515
For the training and related costs of 2 new state police classes of not more than 300 recruits ....... $6,900,000

Criminal Justice Training Council.

8200-0200
For the operation of veteran, reserve and in-service training programs conducted by the Massachusetts criminal justice training council; provided, that the council shall expend not less than $250,000 in accordance with chapter 30B of the General Laws, for training and technical assistance for chiefs of police and administrative or command personnel by: a) a combination of training manuals, seminars, computer based training and distance learning; b) research, drafting and mailing of monthly articles and presentations on legal and administration topics; c) training presentations during and following monthly meetings of policy chiefs; d) e-mail, toll-free consultation to chiefs on administrative issues and follow-up on seminar topics; e) a state-wide 3 day training conference on management, legal and leadership issues; provided further, that under no circumstances shall any expenditures authorized by this item be charged to item 8200-0222; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated in this item ....................................... $2,496,050

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 the 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, 2004; provided further, that the fee shall be retained and expended by the council; provided further, that the trainee, or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide the fee in full to the 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 the municipality or the person has provided the fee in full to the council; provided further, that for recruits of municipalities, upon the completion of the program, the municipality shall deduct the fee from the recruit's wages in 23 equal monthly installments, unless otherwise negotiated between the recruit and the municipality in which the recruit shall serve; provided further, that if a recruit withdraws from the training program before graduation, the council shall refund the municipality in which the recruit was to have served a portion of the fee according to the following schedule: if a recruit withdraws from the program before the start of week two, 75 per cent of the payment shall be refunded; if a recruit withdraws from the program after the start of week 2 but before the start of week 3, 50 per cent of the fee shall be refunded; if a recruit withdraws from the program after the start of week 3 but before the start of week 4, 25 per cent of the fee shall be refunded; if a recruit withdraws after the start of week 4, the fee shall not be refunded; provided further, that a recruit who withdraws from the program shall pay the municipality in which he was to have served the difference between the fee and the amount forfeited by the municipality according to the schedule; provided further, that the schedule shall also apply to trainees other than recruits who enroll in the program; provided further, that no expenditures shall be charged to this item that are not directly related to new recruit training; provided further, that no expenditures shall be charged to this item that are related to chief, veteran, in-service, or reserve training, or any training not directly related to new recruits; provided further, that the 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 2004 and 2005; provided further, that said report shall be submitted to the house and senate committees on ways and means no later than January 1, 2005; 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 ..................................................................................................................... $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 standards and the architectural access board; provided, that the department may charge fees for permitting the operation of amusement devices and to support the department's participation in the National Council for Amusement and Recreational Equipment Safety; provided further, that the department may charge fees for amusement operator certification; and provided further, that the salaries of the commissioner and the deputy commissioner of the department of public safety shall be paid from this item .................................................................................................................................................. $1,023,359

8315-1000
For the administrative costs of the division of inspections; provided, that the expenses of the state boxing commission shall be paid from this item; provided further, that a doctor's certificate from another state shall be accepted as evidence of an eye examination; provided further, that no funds shall be expended from this item for the salaries of the commissioner or deputy commissioner of public safety; provided further, that the department shall employ not less than 46.5 full-time equivalent elevator inspectors, including an additional engineer inspector; provided further, that such additional engineer inspector's duties shall include, but not be limited to, administering pipefitter license examinations; provided further, that such an additional engineer inspector and elevator inspectors shall be regular state employees compensated from the AA 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 division shall develop reasonable rules or promulgate regulations for the granting of hardship fee exemptions to certain owners or persons in control of a building or domicile in which an elevator is operated; provided further, that the division shall report to the house and senate committees on ways and means on the elevator inspection backlog not later than October 1, 2004; provided further, that the division shall develop an electronic database that shall include, but not be limited to, the location and a categorical classification of buildings in which inspections are conducted; and provided further, that the division shall inspect all elevators in the state house and the McCormack office building ..................................................................................................................................... $4,432,672

8315-1020
The department of public safety may expend an amount not to exceed $850,000 in revenues collected from fees for annual elevator inspections; provided, that not less than $700,000 shall be expended to employ inspectors for the purposes of addressing the existing elevator inspection backlog; provided further, that the department shall make efforts to employ inspectors that will perform overnight and weekend inspections as their regular work shift; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ........................................................................................................ $850,000

8315-1025
The department of public safety may collect and expend an amount not to exceed $80,000 for the purposes of providing state building code training and courses for instruction; provided, that the agency may charge fees for the classes and education materials associated with administering training; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ..................................................................... $80,000

Department of Fire Services.

8324-0000
For the administration of the department of fire services, including the state fire marshal's office, the hazardous materials emergency response program and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and non-municipal fire training, and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal's office and the Massachusetts firefighting academy shall be assessed upon insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receiving notice of such assessment from the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the operation of the hazardous materials emergency response program shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion, policies on property situated in the commonwealth and commercial auto liability policies as referenced in line 5.1 and line 19.4, respectively, in the most recent annual statement on file with the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, funds scheduled in the PP subsidiary, pursuant to section 27 of chapter 29 of the General Laws for this item in fiscal year 2005 shall not be transferred to any other subsidiary in said fiscal year; provided further, that not more than 10 per cent of the amount designated for the arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section 4 of chapter 22D of the General Laws, shall be paid from this item; provided further, that the expenses of the fire safety commission shall be paid from this item; provided further, that $25,000 shall be expended for the costs of operating the Fire Starters program by the Plymouth County juvenile court; and provided further, that not less than $100,000 be expended for the administration of a statewide program to provide for critical incident stress intervention for the fire departments of the cities, towns, and fire districts of the commonwealth including, but not limited to, consultant services, training, equipment, and supplies ........................ $9,127,208

8324-1101
For the costs of the department for the enforcement of underground storage tank compliance standards set forth in sections 38B to 38I, inclusive, of chapter 148 of the General Laws and the rules and regulations promulgated pursuant thereto

$106,240

Registry of Motor Vehicles.

The Governor reduced the following item by $110,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
8400-0001
For the administration and operation of the registry of motor vehicles, including the title division and including all rent and related parking and utility expenses of the registry; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar and the director of employee relations shall not be subject to civil service laws and rules; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the information technology division and pursuant to schedules by the division; provided further, that 40 per cent of the costs of personnel services associated with the registry computer, which reflects the proportionate use of the computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section 183 of chapter 6 of the General Laws; provided further, that the registry may operate a full-service branch in the town of Southbridge; provided further, that the registry shall operate an office in the city of Fall River; provided further, that not less than $110,000 shall be expended to operate a license express office in the city of Lynn; provided further, that the registry may operate a full service office in the town of Milford to be operated 5 days a week; provided further, the registry shall operate a license express office in the town of Walpole; provided further, that the registry shall operate a license express office in the town of Falmouth; provided further, that 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 shall operate an office in the city of Taunton and the town of Plymouth which shall handle license business, learner's permits, road testing and full service registration business to the general public; provided further, that the registry shall establish and maintain a record of all vehicles leased within the commonwealth for a period longer than 30 days; provided further, that 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 take all steps necessary to improve customer service within existing resources; and provided further, that the registry may operate within the Springfield branch a one stop international registration plan office for truck registrations to serve the counties of Hampden, Hampshire, Franklin and Berkshire ............................................................................................................................ $45,860,316

Highway Fund ............................................................................................................. 100.0%

8400-0016
For the operation of the motorcycle safety program .................................................................... $185,691

8400-0024
Notwithstanding section 2 of chapter 280 of the General Laws, the registry of motor vehicles may expend not more than $3,000,000 of revenue collected pursuant to chapter 90C of the General Laws from assessments for civil motor vehicle infractions; provided, that the amount of this expenditure shall be subtracted from the amount that otherwise would be credited to the Highway Fund pursuant to said section
2 of said chapter 280 and shall not affect nor alter the amounts of payments made to cities and towns pursuant to said section 2 of said chapter 280; provided further, that the registry of motor vehicles shall work with the office of the state comptroller to participate in the state's intercept program; and provided further, that no costs payable in the AA 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

8400-0222
The registry of motor vehicles may expend not more than $3,500,000 from revenues collected from registry renewal fees for the purpose of maintaining registry services ................................................................................ $3,500,000

Merit Rating Board.

8400-0100
For the operation of the safe driver insurance plan authorized pursuant to section 113B of chapter 175 of the General Laws, including the rent, related parking and utility expenses of the merit rating board; provided, that notwithstanding the provisions of any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal, motor vehicle traffic violations as described in chapter 90C of the General Laws ............................................................................................................................ $8,476,610
Highway Fund ............................................................................................................. 100.0%

Military Division.

8700-0001
For the operation of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the camp Curtis Guild rifle range and certain national guard aviation facilities; provided, that notwithstanding chapter 30 of the General Laws, certain military personnel in the military division may be paid salaries according to military pay grades; and provided further, that the adjutant general shall maintain a roster of Massachusetts veterans as directed by section 15 of chapter 33 of the General Laws ........................................................................... $5,381,100

8700-1140
The state quartermaster may expend an amount not to exceed $400,000 from revenues collected for the purposes described in this item; provided, that the state quartermaster may expend from fees collected for the non-military rental or use of armories for the costs of utilities and maintenance; provided, that the state quartermaster may expend an amount not to exceed $250,000 for salaries, subsistence, quarters, and associated costs for national guard soldiers ordered to perform state missions pursuant to chapter 33 of the General Laws, from revenues resulting from the acceptance of funds from any person, governmental entity or non-governmental entity to defray such expenses ......................... $400,000

Massachusetts Emergency Management Agency.

8800-0001
For the operations of the Massachusetts emergency management agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities ............................................. $751,581

8800-0100
For the nuclear safety preparedness program of the Massachusetts emergency management agency; provided, that the costs of the program, including fringe benefits and indirect costs, shall be assessed upon Nuclear Regulatory Commission licensees operating nuclear power generating facilities in the commonwealth; provided further, that the department of telecommunications and energy shall develop an equitable method of apportioning such assessments among such licensees; and provided further, that such assessments shall be paid during the current fiscal year as provided by the department
............................................................................$388,855

8800-0200
For the Seabrook nuclear safety preparedness and radiological emergency response plan evaluations program; provided, that the cost of the program, including associated fringe benefits and indirect costs, shall be assessed on electric companies in the commonwealth which own, in whole or in part, or purchase power from, nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section 2B of chapter 639 of the acts of 1950, include communities located within the commonwealth and shall be credited to the General Fund; provided further, that the department of telecommunications and energy shall develop an equitable method of apportioning such assessments among the licensees; provided further, that such assessments shall be paid during the current fiscal year as provided by the department; provided further, that for the purposes of this item, "electric companies" shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale of electricity within the commonwealth; and provided further, that the term "electric company" shall not include municipalities or municipal light plants ............................................................................. $269,473

8800-0300
For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire including a continuous real-time radiological monitoring system for Massachusetts cities and towns located within the emergency planning zone of the nuclear power plant; provided, that the cost of this item, including any applicable fringe benefits and indirect costs, shall be assessed on electric companies in Massachusetts which own, in whole or in part, or purchase power from the Seabrook nuclear power plant; provided further, that the department of telecommunications and energy shall develop an equitable method of apportioning such assessments among the licensees; provided further, that such assessments shall be paid during the current fiscal year as provided by the department; provided further, that for the purposes of said item, electric companies shall be defined as all persons, firms, associations and private corporations which own or operate works or distribute electricity in the commonwealth; provided further, that the term "electric companies" shall not include municipalities or municipal light plants; and provided further, that the department shall report to the house and senate committees on ways and means no later than March 1, 2005 the results of the monitoring project between the department and the citizens monitoring group, including but not limited to, the reasons for increases and decreases in radiation levels ..................................... $90,356

Department of Correction.

The Governor reduced the following item by $2,658,500 and disapproved certain wording.
The Legislature overrode the Governor's veto.
8900-0001
For the operation of the commonwealth's department of correction; provided, that the department shall expend not less than $1,008,500 to cities and towns hosting facilities; provided further, that one-half of the number of inmates incarcerated at Souza Baranowski correctional center shall be deemed to be incarcerated within a correctional facility in the town of Shirley and one-half shall be deemed to be incarcerated within a correctional facility in the town of Lancaster; provided further, that before closing any correctional facility, the commissioner of corrections and the secretary of public safety shall report to the committees on ways and means and public safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, the commissioner of corrections and the secretary of public safety shall report to the committees on ways and means and public safety before January 1 of each year the point score compiled by the department of correction's objective classification system for all prisoners confined in each prison operated by the department; provided further, that not less than $875,000 shall be provided for emergency safety equipment grants; provided further, that not less than $40,000 shall be provided for the Dismas House, so called; provided further, that not less $200,000 shall be provided for the Aid to Incarcerated Mothers organization; provided further, that the department shall expend not less than $500,000 to the community hosting the facility at Cedar Junction; provided further, that the department may expend funds appropriated herein for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the military division, the Massachusetts parole board and the sex offender registry board; provided further, that not less than $75,000 shall be expended for the 5-A program in the Springfield; provided further, that funds shall be expended on the Neil Houston House; and provided further, that the department may expend up to $1,000,000 for the commissioner of probation to implement at a global positioning system utilizing tamper free ankle bracelets to track level 3 sex offenders actively on parole .................... $429,624,325

The Governor disapproved certain wording:
8900-0010
For prison industries and farm services; provided, 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 ............................................................................$2,783,521

8900-0011
For a prison industries and farm services revenue retention account; provided, that the department may expend an amount not to exceed $2,600,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter
29 of the General Laws and recorded on the Massachusetts management accounting and reporting system ........................................................................................................................ $2,600,000

8900-0045
The department of correction may expend for the operation of the department, including personnel-related expenses, an amount not to exceed $3,000,000 from revenues received from federal inmate reimbursements; provided, that $900,000 from said reimbursements shall not be available for expenditure and shall be deposited in the General Fund prior to the retention by the department of any said reimbursements; provided further, that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .................................................................................................................................................. $3,000,000

County Corrections.

The Governor reduced the following item by $1,950,000 and disapproved certain wording.
The Legislature overrode the Governor's veto.
8910-0000
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 in this item shall be in addition to and contingent on 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 not less than $4,900,000 shall be provided to the sheriff department of Barnstable county to fund the operational expenses associated with the opening of a new correctional facility in fiscal year 2005; 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 no sheriff shall purchase any new vehicles or major equipment in fiscal year 2005 unless such purchase is made pursuant to a multicounty or regionalized collaborative procurement arrangement or unless such purchase is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding the provisions contained in this item, sheriffs may purchase "marked" prisoner transportation vans, upon notification to the county government finance review board; provided further, that notwithstanding any special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees; provided further, that the revenues shall be retained by the sheriffs not subject to further appropriation for use in a canteen fund; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that the daily count sheet for county facilities, compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs' Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs' Association; provided further, that on or before August 15, 2004, each county sheriff shall submit a final spending plan for fiscal year 2005 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 2004, 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, 2004; provided further, that on or before September 15, 2004, the county government finance review board shall have approved final fiscal year 2005 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, 2004; provided further, that such budgets shall include distribution schedules for the final two quarters of fiscal year 2005 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 2005, 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 2004 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 2005, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated in this item, the maintenance of effort obligations for Suffolk county shall be 4 per cent of the total fiscal year 2005 Suffolk county correction operating budget as approved by the county government finance review board; provided further, that notwithstanding any general or special law to the contrary, the deputy commissioner of local services shall certify on or before May 15, 2005 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality's prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if a municipality fails to transfer such obligation, the deputy commissioner shall withhold an amount equal to the shortfall in the obligation due to the county from such municipality's fourth quarter local aid "cherry sheet" distribution, authorized from item 0611-5500 of section 2 and from funds made available from the State Lottery Fund distribution in section 3; provided further, that on or before August 1, 2004, the deputy commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 2005, notwithstanding section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for the fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; and provided further, that each sheriff funded from this item shall report on a monthly basis to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than September 30, 2004 ......................................................................................................................................... $133,668,218

8910-0002
For the administration of a sex offender warrant unit pilot program in the Barnstable County Sheriff's office; provided, that pursuant to provisions in this act, the unit shall support the regional cape cod sex offender management task force, provide address verification and maintain a regional sex offender database for local law enforcement ....... $152,000

8910-0003
For two regional behavioral evaluation and stabilization units to provide forensic mental health services within existing physical facilities for incarcerated persons in the care of correctional facilities in the Commonwealth; provided, that one unit shall be located in the former Hampden County to serve the needs of incarcerated persons in the care of the former Berkshire, Franklin, Hampden, Hampshire, and Worcester counties; provided further, that one unit shall be located in the former Middlesex County to serve the needs of incarcerated persons in the care of Barnstable, Bristol, Dukes, the former Essex, Nantucket, the former Middlesex, Norfolk, Plymouth, and Suffolk counties; provided further, that the services of the units shall be made available to incarcerated persons in the care of the department of correction; provided further, that the Massachusetts Sheriffs' Association, in conjunction with the department of correction, shall prepare a report that shall include, but not be limited to, a) the number of incarcerated persons in facilities located in former and existing counties that were provided services in each unit, b) the number of incarcerated persons in department of correction facilities that were provided services in each unit, c) the alleviation in caseload at Bridgewater State Hospital associated with fewer incarcerated persons in the care of former and existing counties being attended to at said hospital and, d) the estimated and projected cost-savings in fiscal year 2005 to the sheriff departments and the department of correction associated with the regional units; provided further, that the report shall be submitted to the house and senate committees on ways and means no later than March 15, 2005; and provided further, that the department of mental health shall maintain monitoring and quality review functions of said units ................................................................................................................. $2,600,000

8910-0010
For the purpose of funding expenses for services provided to inmates of county correctional facilities by the department of public health Lemuel Shattuck hospital in fiscal year 2005; provided, that the department shall notify the county government finance review board and the comptroller of all such expenses; provided further, that not more than 30 days after receiving such notification, the board shall certify to the comptroller the amount of such expenses to be charged to this item; provided further, that upon receiving such certification, the comptroller shall effect the transfer of such amount from this item to item 4590-0903 in section 2B; and provided further, that such actual and projected payments shall be considered expenditures within each county spending plan and shall be reflected as such in proposed spending plans required by 8910-0000 in section 2 .................................................................................................................................. $1,300,000

Sheriffs.

The Governor reduced the following item by $797,200
The Legislature overrode the Governor's veto:
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, 2004 ......................................................................................................................... $53,943,889

The Governor reduced the following item by $562,084
The Legislature overrode the Governor's veto:
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 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, 2004 ......................................................................................................................... $38,034,321

The Governor reduced the following item by $718,534
The Legislature overrode the Governor's veto:
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 the county starting not later than August 1, 2004 ......................................................................................................................... $48,620,821

The Governor reduced the following item by $6,045,400
The Legislature overrode the Governor's veto:
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 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, 2004 ..................................................................................................................................... $6,136,081

The Governor reduced the following item by $10,180,467
The Legislature overrode the Governor's veto:
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 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, 2004 ......................................................................................................................... $10,430,689

The Governor reduced the following item by $12,652,543
The Legislature overrode the Governor's veto:
8910-0145
For the operation of the jail, house of correction, and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of 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 the county starting not later than August 1, 2004 ......................................................................................................................... $12,842,331

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; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system ............................................................................. $850,000

8910-0188
The Franklin sheriff's department may expend for the operation of the department an amount not to exceed $1,300,000 from revenues received from federal inmate reimbursements; provided, that $300,000 from the reimbursements shall not be available for expenditure and shall be deposited in the General Fund at a rate of the first $75,000 of each quarter before the retention by the department of any said reimbursements; provided further, that the quarterly payments shall total $300,000 in fiscal year 2005; 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 ............................... $1,300,000

8910-0445
The Berkshire sheriff's department may expend an amount not to exceed $150,000 from revenues generated from the operation of the Berkshire County Communication Center's 911 dispatch operations and other law enforcement related activities, including the Berkshire County Sheriff prison industries program; provided, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system ...................................................................................................................................... $150,000

The Governor the following item by $39,114,291
The Legislature overrode the Governor's veto:
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 the county starting not later than August 1, 2004 ..................................................................................................................................... $39,701,005

8910-0888
For a prison industries revenue retention account for the Franklin sheriff's department; provided, that the department may expend any amount not to exceed $100,000 from revenues collected from the sale and production of printed materials manufactured at the sheriff department's print shop; provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system ............................................................................$100,000

8910-1000
For a prison industries revenue retention account for the Hampden sheriff's department; provided, that the department may expend any amount not to exceed $600,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities, reimbursement for community service projects and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system ............................. $600,000

8910-1100
For a prison industries revenue retention account for the Middlesex sheriff's department; provided, that the department may expend an amount not to exceed $75,000 for revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded in the Massachusetts management accounting and reporting system ............................................................................. $75,000

8910-1111
The Hampshire sheriff's department may expend for the operation of the department an amount not to exceed $163,000 from revenues received from federal inmate reimbursements; provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited into the General Fund at a rate of the first $35,500 of each quarter before the retention by the department of any of these reimbursements; provided further, that the quarterly payments shall total $150,000 in fiscal year 2005; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ........ $163,000

8910-2222
The Hampden sheriff's department may expend for the operation of the department an amount not to exceed $320,000 from revenues received from federal inmate reimbursements; provided, that $312,000 from the reimbursements shall not be available for expenditure and shall be deposited into the General Fund at a rate of the first $78,000 of each quarter before the retention by the department of any of these reimbursements; provided further, that the quarterly payments shall total $312,000 in fiscal year 2005; 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 ............................................................................$320,000

8910-6619
The Essex sheriff's department may expend for the operation of the department an amount not to exceed $2,000,000 from revenues received from federal inmate reimbursements; provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited quarterly into the general fund before the retention by the department of any of these revenues as certified by the comptroller; provided further, that said quarterly payments shall total $600,000 in fiscal year 2005; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .............................................. $2,000,000

8910-7100
The Massachusetts Sheriffs' Association may expend for the operation of said association an amount not to exceed $211,000 from revenues received from voluntary contributions from state and county sheriffs; provided, that the sheriffs shall appoint persons to serve as executive director, assistant executive director and research director and other staff positions as necessary to the Massachusetts Sheriffs' Association for the purpose of coordination and standardization of services and programs, the collection and analysis of data related to incarceration and recidivsim and generation of reports, technical assistance and training to ensure standardization in organization, operations, and procedures; provided further, that this staff shall not be subject to section 45 of chapter 30 or to chapter 31 of the General Laws and shall serve at the will and pleasure of a majority of sheriffs; provided further, that the 14 sheriffs of the commonwealth shall form an agreement to fund the costs of this item in future fiscal years; provided further, that the executive director of the Association shall submit a report that shows the amounts of all grants awarded to each sheriff in fiscal year 2005; and provided further, that the report shall be submitted to the house and senate committees on ways and means not later than February 1, 2005 ............................................................................$211,000

Parole Board.

8950-0001
For the operation of the parole board ........................................................................................ $12,653,427

8950-0002
For the victim and witness assistance program of the parole board, in accordance with chapter 258B of the General Laws .................................................................................................................................................. $277,557

8950-0008
For the operation of the parole board's sex offender management program and the supervision of high-risk offenders, the parole board may expend an amount not to exceed $600,000 from revenues collected from fees charged for parolee supervision pursuant to section 128 of chapter 276 of the General Laws; provided, that the parole board shall file a report with the house and senate committees on ways and means not later than February 1, 2005 which shall include, but not be limited to, the number of parolees participating in the program and the reincarceration rate of participating parolees ............................................................................$600,000

Department of Elder Services

9110-0100
For the operation of the executive office; provided, that the secretary shall continue to support community care ombudsman services ..................................................................................................................................... $1,665,860

9110-0102
For the regulation of assisted living facilities; provided, that the executive office of elder affairs shall report annually to the house and senate committees on ways and means the number of assisted living units certified and the total revenues generated from application and certification fees for such units .................................................... $246,447

9110-1455
For the costs of the drug insurance program authorized by section 39 of chapter 19A of the General Laws; provided, that amounts received by the executive office of elder affairs' vendor as premium revenue for this program may be retained and expended by the vendor for the purposes of the program; provided further, that not less than $500,000 shall be made available for the operation of the pharmacy outreach program established by section 4C of chapter 19A; provided further, that not more than $25,000 shall be made available for the purpose of conducting a cost-benefit analysis and evaluation of the services associated with the pharmacy outreach program established pursuant to said section 4C of chapter 19A of the general laws; provided further, that notwithstanding any general or special law to the contrary, unless otherwise prohibited by state or federal law, prescription drug coverage or benefits payable by the executive office of elder affairs, and the entities with which it has contracted for administration of the subsidized catastrophic drug insurance program pursuant to said section 39 of said chapter 19A shall be the payer of last resort for such program for eligible persons with regard to any other third party prescription coverage or benefits available to such eligible persons; provided further, that the executive office shall notify the house and senate committees on ways and means not less than 90 days in advance of any action to limit or cap the number of enrollees in the program; provided further, that said program is subject to appropriation and expenditures shall not exceed in fiscal year 2005 the amount authorized herein; provided further, that no action shall be taken to expand the benefits of the program, extend benefits to additional populations or reduce cost sharing in the program without approval of the general court; provided further, that the department shall file any and all legislation required to implement such actions for review and analysis by the general court; provided further, that notwithstanding any special or general law to the contrary, the secretary of elder affairs shall not implement any cost sharing increases to Prescription Advantage, and any and all prescription drug benefits provided to enrollees in fiscal year 2005 shall be the same as those provided to Prescription Advantage enrollees in fiscal year 2004; provided that there will be an open enrollment period, lasting not less than 1 month and not more than 2 months, that will begin no later than October 1, 2004; provided, that said open enrollment shall be preceded by at least 60 days of advance public notice and marketing; provided further, that during the open enrollment period, individuals shall be enrolled in the program in the order in which the program receives their completed application; and provided further, that a person will also be eligible to enroll in the program at any time within a year of reaching age 65. .................................................................................................................................................. $110,000,000

The Governor disapproved this section:
The Legislature overrode the Governor's veto:

9110-1460
To provide relief from co-payments related to prescription advantage; provided, that not later than July 1, 2004, the secretary of elder affairs shall implement a co-payment reduction plan limited to members in category 1 whose income is at or below 188 per cent of the federal poverty level; provided further, that said co-payment reduction plan shall seek to reduce the required co-payments for all levels of prescription drugs, both retail and mail service to the lowest extent possible; provided further, that the cost of said reduction shall not exceed in fiscal year 2005 the amount authorized herein ............................................................................$5,000,000

9110-1500
For the provision of enhanced home care services, including case management to elders who meet the eligibility requirements of the home care program and who need services above the level customarily provided under the program to remain safely at home, including elders previously enrolled in the managed care in housing, enhanced community options, and chronic care enhanced services programs; provided further, that the secretary shall actively seek to obtain federal financial participation for any and all services provided to seniors who qualify for Medicaid benefits pursuant to the section 2176 waiver; provided further, that said executive shall collect income data on persons receiving services provided in this item; provided further, that said office shall submit a report to the house and senate committees on ways and means detailing the population served by this item delineated by both 2004 federal poverty line income levels and 2004 social security income standards; provided further, that said report shall be submitted not later than February 1, 2005; and provided further, that said office, in collaboration with the title XIX single state agency, shall include in said report an update on the progress of seeking federal financial participation under an expanded 2176 waiver for expenditures authorized herein, as directed by this act ............................................................................$37,488,337

9110-1604
For the operation of the supportive senior housing program ........................................................ $1,940,000

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 $7,500,000 in revenues accrued from sliding fees shall be retained by the individual home care corporations without re-allocation by the executive office of elder affairs, and shall be expended for the purposes of the home care program, consistent with guidelines to be issued by the executive office; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means on the receipt and expenditure of revenues accrued from the sliding fees; provided further, that the executive office shall report monthly to the house and senate committees on ways and means and the executive office for administration and finance on the amount expended from this item for purchase of service expenditures by category of service as set forth in 651 C.M.R. 3.01 and 651 C.M.R. 3.06; provided further, that no rate increase shall be awarded in fiscal year 2005 which would cause a reduction in client services or the number of clients served; provided further, that no funds shall be expended from this item to pay for salary increases for direct service workers who provide state-funded homemaker and home health aid services, which would cause a reduction in client services; provided further, that not less than $100,000 shall be made available for a pilot program for home health care, to be administered by Community Parish Nursing in the town of Reading; and provided further, that the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated herein to item 9110-1633 for case management services and the administration of the home care program ............................................................................$97,060,705

9110-1633
For contracts with aging service access points, or other qualified entities for home care case management services and the administration of the home care corporations funded through item 9110-1630 and item 9110-1500; provided, that such contracts shall include the costs of administrative personnel, home care case managers, travel, rent and other costs deemed appropriate by the executive office of elder affairs; provided further that no funds appropriated in this item shall be expended for the enhancement of management information systems; and provided further, that the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated herein to item 9110-1630 ............. $34,941,978

9110-1636
For the elder protective services program, including protective services case management, guardianship services, the statewide elder abuse hotline, and the elder-at-risk program; provided, that not less than $495,000 shall be expended for money management services ...................................................................................................... $10,099,137

9110-1660
For congregate and shared housing services for the elderly; provided further, that not less than $50,000 shall be expended for the congregate housing services at the Tuttle House facility in Dorchester; provided further, that not less than $40,100 shall be allocated to North Shore Elder Services; and provided further, that not less than $150,000 shall be allocated to the Committee to End Elder Homelessness, Inc ............................................................................... $1,309,680

9110-1700
For residential assessment and placement programs for homeless elders ..................................... $50,000

9110-1900
For the elder lunch program; provided, that not less than $30,000 shall be expended for a youth/elder outreach position at the Roche Family Community Center in West Roxbury; provided further, that not less than $15,000 shall be expended for the Grandparents as Parents Initiative; and provided further, that not less than $15,000 shall be expended for the Cross Street Elderly Services in Somerville .......................................................................................... $3,999,441

9110-9002
For the local services program for grants to the councils on aging and for grants to or contracts with non-public entities which are consortia or associations of councils on aging; provided, that notwithstanding the foregoing, all monies appropriated in this item shall be expended in accordance with the distribution schedules for formula and incentive grants established by the secretary; and provided further, that such distribution schedules shall be submitted to the house and senate committees on ways and means ........................................................................................................................ $6,500,000

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.

9700-0000
For the joint operations of the legislature .................................................................................... $6,767,859

9700-0010
For the advisory committee on early education and care established in this act ............................ $40,000

Commission on the Status of Women.

0950-0000
For the commission on the status of women ............................................................................... $145,000

SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the agencies listed in this section may expend the amounts listed in this section for the provision of services to agencies listed in section 2. All expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws. No expenditures shall be made from the Intragovernmental Service Fund which would cause that fund to be in deficit at the close of fiscal year 2005. All authorizations in this section shall be charged to the Intragovernmental Service Fund and shall not be subject to section 5D of chapter 29 of the General Laws. Any balance remaining in that fund at the close of fiscal year 2005 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 THE STATE COMPTROLLER.

1000-0008
For the costs of operating and managing the MMARS and New MMARS accounting system for fiscal year 2005 .....................................................................................................$5,656,002

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.

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

Division of Capital Asset Management and Maintenance.

The Governor disapproved certain wording:
1102-3224
For the costs for the Leverett Saltonstall lease and occupancy payments; provided, that the department of capital assets management and maintenance shall submit to the house and senate committees on ways and means or before the first of each month beginning August 1, 2004 a monthly report on the agencies that currently, or will during fiscal year 2005, occupy space in the Saltonstall building, their rental costs, utility costs, parking space allocation, floor space, lease dates, all services included in the lease and all services that the agencies are obligated to fund beyond the lease payments; provided further, that the report shall include both estimated payments and prior expenditures; provided further, that notwithstanding any general or special law to the contrary, the department shall also file a report to the house and senate committees on ways and means not later than December 15, 2004 regarding all costs related to the purchase and lease of furniture or any other reasonable item that could be construed as furniture including but not limited to: desks, bookcases, file cabinets, chairs, workstations, cubicles, tables, microwaves, coffee makers, water bubblers, coat racks, trash bins, sofas, desk extensions, storage cabinets and refrigerators; and provided further, that the report shall list all costs associated with the leases and purchases of the items and others not included but would be considered like items for all agencies that were required to move out of the Saltonstall building before construction and all costs associated with the lease and purchases of said items for all agencies moving into the building in fiscal years 2004, 2005 and 2006 ........................................................................ $10,968,980

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 .................................................................... $165,000

1102-3336
For the operation and maintenance of the space in the Hurley state office building occupied by the division of unemployment assistance .................................................................................................................................. $3,146,385

Reserves.

1599-2040
For the payment of prior year deficiencies based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller may charge departments' current fiscal year appropriations and transfer to such item amounts equivalent to the amounts to any prior year deficiency, subject to the conditions stated in this item; provided further, that the comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains or, if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains; provided further, that no chargeback shall be made which would cause a deficiency in any current fiscal year item; provided further, that the comptroller shall report with such schedule a detailed reason for the prior year deficiency on all chargebacks assessed that exceed $1,000 including the amount of the chargeback, the item and 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, 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 for 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 .....................................................................
$26,600,000

Division of Human Resources.

The Governor disapproved certain wording:
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 further, 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 for the cost of participants enrolled in programs sponsored by the division or to state agencies employing such participants; provided further, that the division may collect from participating state agencies a fee sufficient to cover administrative costs of the commonwealth's performance recognition programs and to expend such fees for goods and services rendered in the administration of these programs; and provided further, that the division may charge and collect from participating state agencies a fee sufficient to cover administrative costs and expend such fees for goods and services rendered in the administration of information technology services related to the human resources compensation management system program .....................................................
$850,000

The Governor disapproved certain wording:
1750-0105
For the cost of workers' compensation paid to public employees; provided, that the secretary of administration and finance shall charge other items or state agencies for costs incurred on behalf of these state agencies; provided further, that the secretary may transfer workers compensation-related fringe benefit assessments from federal grants and trust accounts to this item; provided further, that the secretary shall identify charges by item; provided further, that not more than $1,950,000 shall be used for the compensation of employees; provided further, that the secretary shall file quarterly reports with the house and senate committees on ways and means detailing these items, including federal grants and trust accounts that have not yet paid their charges, and the reasons why, within 3 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 2005 to the house and senate committees on ways and means no later than February 28, 2005; 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 2005 as provided in this section 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 2004; 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 2005; (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 2004, 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 effective date 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 workers' compensation costs incurred by each agency in the preceding month, including related administrative expenses; (2) notify each agency of said amounts; and (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 2004 shall be transferred to the General Fund; provided further, that any unspent balance at the close of fiscal year 2004 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 2005; provided further, that the personnel administrator may expend in fiscal year 2005 for hospital, physician, benefit, and other costs related to workers' compensation for employees of state agencies, including administrative expenses; and provided further, that such expenditures may include payments for medical services provided to claimants in prior fiscal years, as well as compensation benefits and associated costs for prior fiscal years ...... $56,355,860

1750-0106
For the workers' compensation litigation unit, including the costs of personnel .............................
$595,905

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 ................
$1,000,000

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 related to the analysis, development and production of appropriations bills and other legislation shall not be charged to any item of appropriation of the executive office for administration and finance, the house of representatives, the senate or any joint legislative account in fiscal year 2005; provided further, that the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing the total charges, payments and services provided for the preceding quarter from each department charged to this item; provided further, that the reports shall include, but not be limited to, a delineation of the rates charged to each department as approved by the secretary for administration and finance for each service performed by the division; and provided further, that the secretary for administration and finance shall establish regulations, procedures and a schedule of fees including, but not limited to, the development and distribution of forms and instructions, including the costs of personnel ..................................................................................................
$49,628,349

1790-0400
For the purchase, delivery, handling of and contracting for supplies, postage and related equipment and other incidental expenses provided pursuant to section
51 of chapter 30 of the General Laws ............................ $2,190,000

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

2030-1002
For the costs of overtime and special details provided by the office of fisheries, wildlife and environmental law enforcement ..................................................................................................................................................
$160,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

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 of section
2 pursuant to the provisions thereof; provided further, that expenditures from this item shall be for hospital-related costs including, but not limited to, capital repair and the maintenance and motor vehicle replacement; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate 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

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

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 ...........................................................................................................................................
$600,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

State Police.

8100-0002
For the costs of overtime associated with requested police details; provided, that for the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor 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

SECTION 2D. The amounts set forth in this section are hereby appropriated from the General Federal Grants Fund. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with section 6B of chapter 29 of the General Laws. The amount of any unexpended balance of federal grant funds received before June 30, 2004, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year 2005, 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 ............
$230,000

Trial Court

0330-0335
For the purposes of a federally funded grant entitled, Statewide Automated Drug Court ..............
$75,000

0332-6100
For the purposes of a federally funded grant entitled, Brighton District Court Drug Court ............
$165,000

0335-6100
For the purposes of a federally funded grant entitled, Dorchester Domestic Violence Grant .........
$255,000

0337-0305
For the purposes of a federally funded grant entitled, Hampden County Juvenile Court Drug Court .....................................................................
$180,000

DISTRICT ATTORNEYS.

Suffolk District Attorney

0340-0114
For the purposes of a federally funded grant entitled, Project Sentry ...........................................
$40,000

Northern District Attorney.

0340-0208
For the purposes of a federally funded grant entitled, Community Gun Violence Prosecution .......
$96,000

0340-0213
For the purposes of a federally funded grant entitled, Federal Forfeiture trust Account ................
$16,000

0340-0216
For the purposes of a federally funded grant entitled, Conference Fee Trust Account ..................
$15,000

0340-0237
For the purposes of a federally funded grant entitled, Children's Advocacy Center National Network .....................................................................
$12,250

Middle District Attorney

0340-0434
For the purposes of a federally funded grant entitled, Juvenile Accountability Grant .....................
$175,680

Western District Attorney

0340-0513
For the purposes of a federally funded grant entitled, Post Conviction Advocate Grant ................
$45,646

0340-0528
For the purposes of a federally funded grant entitled, the Byrne grant ..........................................
$65,000

0340-0531
For the purposes of a federally funded grant entitled, Community Gun Violence Prosecution .......
$173,549

0340-0534
For the purposes of a federally funded grant entitled, Juvenile Accountability Block Grant Program .....................................................................
$174,780

0340-0540
For the purposes of a federally funded grant entitled, Project Sentry Program .............................
$85,639

Northwestern District Attorney

0340-0665
For the purposes of a federally funded grant entitled, Persons with Disabilities & Elder Unit ........
$174,686

0340-0613
For the purposes of a federally funded grant entitled, Federal Forfeiture trust Account ................
$88,400

Plymouth District Attorney.

0340-0806
For the purposes of a federally funded grant entitled, Weed and Seed ........................................
$150,000

0340-0807
For the purposes of a federally funded grant entitled, Federal Community Prosecution grant ........
$80,000

Bristol District Attorney.

0340-0916
For the purposes of a federally funded grant entitled, Federal Forfeiture trust Account ................
$35,000

0340-0923
For the purposes of a federally funded grant entitled, Community Involvement Project ................
$148,284

Cape and Islands District Attorney.

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

0340-1034
For the purposes of a federally funded grant entitled, Juvenile Diversion Program ........................
$140,000

SECRETARY OF STATE.

0521-0800
For the purpose of a federally funded grant entitled, Election Assistance for Disabled Individuals .
$170,154

0526-0114
For the purposes of a federally funded grant entitled, Historic Preservation Survey and Planning ..
$748,930

0526-0115
For the purposes of a federally funded grant entitled, Massachusetts Historical Commission - Federal Preservation Grants ..................................................................................................................................................
$200,000

Massachusetts Cultural Council.

0640-9716
For the purposes of a federally funded grant entitled, Folk and Traditional Arts Initiative .............
$12,500

0640-9717
For the purposes of a federally funded grant entitled, Basic State Plan ........................................
$394,100

0640-9718
For the purposes of a federally funded grant entitled, Arts Education ..........................................
$67,900

0640-9724
For the purposes of a federally funded grant entitled, Arts in Underserved Communities ..............
$105,500

0640-9729
For the purposes of a federally funded grant entitled, Challenge America ....................................
$97,000

ATTORNEY GENERAL.

0810-0012
For the purposes of a federally funded grant entitled, Training to Stop Abuse and Sexual Assault of Older Individuals with Disabilities .................................................................................................................................
$50,000

0810-0026
For the purposes of a federally funded grant entitled, Crime Victim Compensation ......................
$1,142,000

0810-6658
For the purposes of a federally funded grant entitled, Weed and Seed ........................................
$25,000

Victim Witness Assistance Board.

0840-0020
For the purpose of a federally funded grant entitled, the VAWA STOP Grant .............................
$300,000

0840-0110
For the purposes of a federally funded grant entitled, Victims of Crime Assistance Programs .......
$7,767,441

0840-0113
For the purposes of a federally funded grant entitled, The Edward Byrne Memorial Grant ...........
$195,000

0840-4603
For the purposes of a federally funded grant entitled, Youth Advocacy Project ...........................
$60,000

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 .......
$183,090

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 this grant, this item shall be exempt from the first $280,000 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws ......................................
$2,287,885

Office on Disability.

1107-2450
For the purposes of a federally funded grant entitled, Client Assistance Program .........................
$241,336

Department of Revenue.

1201-0104
For the purposes of a federally funded grant entitled, Joint Federal-State Motor Fuel Tax Compliance Project .............
$3,950

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 ........................................................................................................................
$8,390

1201-0412
For the purposes of a federally funded grant entitled, Child Support Enforcement Grants .............
$205,331

1201-1951
For the purposes of a federally funded grant entitled, Managing Child Support Arrears in Massachusetts .....................................................................
$92,250

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2000-0120
For the purposes of a federally funded grant entitled, Anti-Idling Education .................................
$6,000

2000-0130
For the purposes of a federally funded grant entitled, Marina Technical Assistance and Managed Measurement .....................................................................
$15,000

2000-0131
For the purposes of a federally funded grant entitled, Cooperating Technical Partner ...................
$30,000

2000-0141
For the purposes of a federally funded grant entitled, Coastal Zone Management Development ...
$2,595,134

2000-0148
For the purposes of a federally funded grant entitled, National Estuary Program - Operation .......
$471,457

2000-0177
For the purposes of a federally funded grant entitled, Wetlands Program Development ................
$80,000

2000-0186
For the purposes of a federally funded grant entitled, Aquatic Nuisance Species Management Plan ...
$10,000

2000-6063
For the purposes of a federally funded grant entitled, PPIS-Improving Chemical Security ............ $15,000

2000-9701
For the purposes of a federally funded grant entitled, Outdoor Recreation Projects - Political Subdivisions .................................
$2,400,000

2000-9730
For the purposes of a federally funded grant entitled, Buzzards Bay Conservation & Management Plan .........................................
$471,411

2000-9760
For the purposes of a federally funded grant entitled, Inventory of Navy Shipwrecks in Massachusetts Waters .....................................................................
$3,000

2030-0013
For the Joint Enforcement Agreement between the Division of Law Enforcement and the National Marine Fisheries for enforcement of both Federal and State commercial fishing regulations .........................................
$458,605

2030-0108
For the purposes of a federally funded grant entitled, Fisheries Enforcement Support Services .....
$45,500

2030-9701
For the purposes of a federally funded grant entitled, Safe Boating Program ................................
$934,890

Department of Environmental Protection.

2200-9706
For the purposes of a federally funded grant entitled, Water Quality Management Planning ..........
$547,631

2200-9712
For the purposes of a federally funded grant entitled, Cooperative Agreement-Leaking Underground Storage Tank Program ..................................................................................................................................................
$983,689

2200-9717
For the purposes of a federally funded grant entitled, D.O.D. Environment Restoration Program .
$1,372,000

2200-9721
For the purposes of a federally funded grant entitled, Charles George Landfill - Operable Unit III Operations and Maintenance ............................................................................................................................
$12,746

2200-9722
For the purposes of a federally funded grant entitled, Baird and McGuire ....................................
$885,928

2200-9724
For the purposes of a federally funded grant entitled, Superfund Block Fund Cooperative Agreement ........................$966,510

2200-9728
For the purposes of a federally funded grant entitled, Brownfields Assessment Program - multi-site ............................
$360,958

2200-9729
For the purposes of a Federally funded grant entitled, Brownfields Pilots Cooperative Agreement ............
$8,403

2200-9730
For the purposes of a federally funded grant entitled, MMR Impact Area Groundwater Study .....
$379,454

2200-9731
For the purposes of a federally funded grant entitled, Brownfield Response Cooperative .............
$1,368,049

2230-9702
For the purposes of a federally funded grant entitled, Performance Partnership Grant ..................
$15,127,959

2230-9705
For the purposes of a federally funded grant entitled, National Environmental Readiness Grant ....
$113,000

2230-9706
For the purposes of a federally funded grant entitled, National Environmental Network Challenge Grant ................
$28,576

2240-9760
For the purposes of a federally funded grant entitled, Charles River Categorical Grant .................
$2,500

2240-9762
For the purposes of a federally funded grant entitled, Reimbursement Operators Small Water Systems ...........................
$79,000

2240-9764
For the purposes of a federally funded grant entitled, 3% Set aside - Special Appropriation ........
$22,923

2240-9765
For the purposes of a federally funded grant entitled, Water Protection Coordination Grants to States ...
$41,100

2240-9767
For the purposes of a federally funded grant entitled, Assabet River Watershed Project ..............
$40,000

2240-9769
For the purposes of a federally funded grant entitled, Estuaries Watershed Permitting ..................
$103,840

2250-9712
For the purposes of a federally funded grant entitled, Clean Air Act ............................................
$685,531

2250-9715
For the purposes of a federally funded grant entitled, Municipal Environmental Compliance Grant .........
$6,751

2250-9716
For the purposes of a federally funded grant entitled, Ambient Air Toxics Pilot Project ................
$43,086

2250-9717
For the purposes of a federally funded grant entitled, Evaluation Outcomes .................................
$77,330

2250-9718
For the purposes of a federally funded grant entitled, Environmental Results Automation .............
$48,670

2250-9719
For the purposes of a federally funded grant entitled, EMS Development in Public Schools .........
$5,000

2250-9721
For the purposes of a federally funded grant entitled, Biowatch Monitoring .................................
$452,589

2250-9722
For the purposes of a federally funded grant entitled, Supermarket Recycling of Food Waste ......
$4,188

Department of Fish and Game.

2300-0112
For the purposes of federal funds from USFW to further River Restore's survey, planning, design and educational work ..................................................................................................................................................
$60,000

2300-9704
For the purposes of a federally funded grant entitled, 319 Nonpoint Source Pollution ..................
$39,833

2310-0115
For the purposes of a federally funded grant entitled, Land Owner Incentive Program ................. $180,000

2310-0116
For the purposes of a federally funded grant entitled, Land Owner Incentive Program .................
$900,000

2310-0117
For the purposes of a federally funded grant entitled, Chronic Wasting Disease ...........................
$8,920

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 purposes of a federally funded grant entitled, Boating Infrastructure ................................
$300,000

2330-9726
For the purposes of a federally funded grant entitled, Lobster Trap Escape Vent Selectivity ........
$47,700

2330-9727
For the purposes of a federally funded grant entitled, Reducing Blue Shark Bycatch in Pelagic Longline Fisheries .....
$53,050

2330-9728
For the purposes of a federally funded grant entitled, Monkfish Cooperative Research Project:
Gillnet & Study Fleet ..... $290,445

2330-9730
For the purposes of a federally funded grant entitled, Interstate Fisheries Management Support ...
$233,956

2330-9731
For the purposes of a federally funded grant entitled, Biological Characterization of Mass. Scup Fisheries .........
$71,082

2330-9732
For the purposes of a federally funded grant entitled, ACCSP Implementation Strategic Plan ......
$36,691

2330-9733
For the purposes of a federally funded grant entitled, Further Testing of Cod Avoiding Trawl Net Design ...........
$318,760

2330-9734
For the purposes of a federally funded grant entitled, Pilot Industry Based Survey Implementation ................ $750,980

2330-9735
For the purposes of a federally funded grant entitled, MA Multispecies Fishery Economic Assistance ...............
$5,500,000

Department of Agricultural Resources.

2511-0310
For the purposes of a federally funded grant entitled, Pesticide Enforcement ...............................
$164,542

2511-0320
For the purposes of a federally funded grant entitled, Certification of Pesticide Applicators ..........
$122,717

2511-0335
For the purposes of a federally funded grant entitled, Integrated Pest Management Schools Day Care Centers ................
$66,667

2511-0400
For the purposes of a federally funded grant entitled, Cooperative Pest Survey Program .............
$27,087

2511-0401
For the purposes of a federally funded grant entitled, Cooperative Pesticide Recordkeeping Program .............
$19,625

2511-0972
For the purposes of a federally funded grant entitled, Farmland Protection ..................................
$2,364,000

2511-1022
For the purposes of a federally funded grant entitled, Mad Cow Disease Enhanced Surveillance ..
$79,090

2511-1023
For the purposes of a federally funded grant entitled, Enhanced Surveillance of Swine Garbage Feeding Operations ..........
$38,000

2515-1002
For the purposes of a federally funded grant entitled, Animal Disease Surveillance Homeland Security .....
$16,328

2515-1003
For the purposes of a federally funded grant entitled, Voluntary Johnes Disease Control ..............
$60,000

2515-1004
For the purposes of a federally funded grant entitled, Scrapie Disease Surveillance ......................
$5,000

2516-9002
For the purposes of a federally funded grant entitled, Development of Institutional Marketing ......
$30,301

2516-9003
For the purposes of a federally funded grant entitled, Farmer's Market Coupon Program ............
$607,229

2516-9004
For the purposes of a federally funded grant entitled, Senior Farmers Market Nutrition Program .
$56,900

2516-9007
For the purposes of a federally funded grant entitled, Organic Cost-Share Program ....................
$20,000

Department of Conservation and Recreation

2800-9707
For the purposes of a federally funded grant entitled, National Flood Insurance Program .............
$168,000

2800-9720
For the purposes of a federally funded grant entitled, Blackstone Heritage Corridor Commission Cooperative Agreement ..................................................................................................................................................
$58,708

2800-9725
For the purposes of a federally funded grant entitled, FEMA National Dam Safety Program ........
$74,492

2800-9727
For the purposes of a federally funded grant entitled, Pier Repair - Gallops Island Boston Harbor Islands Partnership Cooperative ..............................................................................................................................
$23,000

2800-9728
For the purposes of a federally funded grant entitled, Rehabilitation Services - Inspired ...............
$130,608

2800-9730
For the purposes of a federally funded grant entitled, State Park for Everyone Rehabilitation Services .............
$50,806

2820-9702
For the purposes of a federally funded grant entitled, Rural Community Fire Protection ...............
$67,225

2821-9705
For the purposes of a federally funded grant entitled, Shade Tree and Forest Health ...................
$507,472

2821-9709
For the purposes of a federally funded grant entitled, Forestry Planning .......................................
$2,643,408

2821-9710
For the purposes of a federally funded grant entitled, Forest Land Enhancement .........................
$69,837

2821-9711
For the purposes of a federally funded grant entitled, Rural Fire Prevention and Control ..............
$240,110

2821-9712
For the purposes of a federally funded grant entitled, Forest Health Research .............................
$17,873

2821-9713
For the purposes of a federally funded grant entitled, Wildland Urban Interface Fuels Management in Southeastern Massachusetts ...........................................................................................................................
$549,506

2821-9722
For the purposes of a federally funded grant entitled, Forest Resource Management - US Forest Service .........
$46,000

2821-9726
For the purposes of a federally funded grant entitled, Forest Health Management - US Forest Service .........
$104,500

2830-9731
For the purposes of a federally funded grant entitled, Forest Health Management - USFWS Coastal Wetlands .........
$1,357,000

2840-9709
For the purposes of a federally funded grant entitled, Waquoit Bay National Estuarine Research Reserve Consolidated Funding .....................................................................................................................................
$558,343

2840-9714
For the purposes of a federally funded grant entitled, Waquoit Bay Land Acquisition - National Estuarine Research Reserve ..................................................................................................................................................
$1,460,200

2840-9757
For the purposes of a federally funded grant entitled, Lower Neponset River Estuary Salt Marsh Restoration .............
$425,500

2840-9760
For the purposes of a federally funded grant entitled, Minuteman Commuter Bikeway .................
$100,000

2840-9761
For the purposes of a federally funded grant entitled, Arlington-to-Boston Bike Path ...................
$150,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

4000-0707
For the purposes of a federally funded grant entitled, Supportive Housing ...................................
$100,000

4000-0708
For the purposes of a federally funded grant entitled, Head Start Demonstration .........................
$264,699

4000-0713
For the purposes of a federally funded grant entitled, Youth Development State Collaboration ....
$153,887

4000-9401
For the purposes of a federally funded grant entitled, Community Mental Health Services ............
$9,931,056

4000-9402
For the purposes of a federally funded grant entitled, Substance Abuse Prevention and Treatment Block Grant ..............
$39,550,224

4000-9404
For the purposes of a federally funded grant entitled, McKinney Shelter Plus Care ......................
$1,800,000

4003-0804
For the purposes of a federally funded grant entitled, Refugee Targeted Assistance Grant ............
$1,741,173

4003-0805
For the purposes of a federally funded grant entitled, Refugee Resettlement Program ..................
$553,190

4003-0806
For the purposes of a federally funded grant entitled, Refugee Cash, Medical, and Administration .........
$12,741,811

4003-0807

For the purposes of a federally funded grant entitled, State Legalization Impact Assistance Grant .................... $218,295

Department of Veterans Services

1410-0254
For the purposes of a federally funded grant entitled, Homeless Veterans Reintegration - Training and Placement - statewide ..................................................................................................................................................
$150,000

1410-0255
For the purposes of a federally funded grant entitled, Veterans Reintegration, Training, and Placement - Urban .............
$223,739

1410-0256
For the purposes of a federally funded grant entitled, Veterans Workforce Investment Program ..
$850,000

1410-0257
For the purposes of a federally funded grant entitled, Homeless Veterans Reintegration Program - Training and Placement - Springfield .................................................................................................................................
$229,000

1410-8001
For the purposes of a federally funded grant, entitled, Winchendon State Veterans' Cemetery .....
$1,922,013

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 ........................
$310,350

4110-3021
For the purposes of a federally funded grant entitled, Basic Support Grant ..................................
$7,805,495

4110-3023
For the purposes of a federally funded grant entitled, Independent Living - Adaptive Housing ......
$72,380

4110-3026
For the purposes of a federally funded grant entitled, Independent Living - Services to Older Blind Americans ..............
$674,470

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 .............................
$150,790

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 ................
$40,000,000

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 .............................
$370,000

4120-0191
For the purposes of a federally funded grant entitled, Informed Members Planning and Assessing Choices Together (IMPACT) ...............................................................................................................................
$460,000

4120-0192
For the purposes of a federally funded grant entitled, Developmental Disabilities .........................
$52,000

4120-0193
For the purposes of a federally funded grant entitled, Workforce Coordinating Grant for the Multi -Disabled ......................
$150,000

4120-0511
For the purposes of a federally funded grant entitled, Vocational Rehabilitation - Determination of Disability .....
$34,500,000

4120-0605
For the purposes of a federally funded grant entitled, Minority Outreach for People With TBI in Massachusetts ...........
$315,000

4120-0760
For the purposes of a federally funded grant entitled, Independent Living ....................................
$1,670,000

4120-0766
For the purposes of a federally funded grant entitled, Assistive Technology Loan Program ..........
$400,000

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

Department of Mental Retardation

5947-0007
For the purposes of a federally funded grant entitled, Massachusetts Bridges to Community Project .................. $157,020

5947-0008
For the purposes of a federally funded grant entitled, Community Integrated Personal Assistant Services ...........
$241,325

5947-0009
For the purposes of a federally funded grant entitled, Family Support ..........................................
$25,000

OFFICE OF CHILDREN, YOUTH AND FAMILIES

Office of Child Care Services

4130-2010
For the purposes of a federally funded grant entitled, Behavior Health Child Care Inclusion Project ..............
$99,450

4130-2015
For the purposes of a federally funded grant entitled, Child Care Research, Analysis and Evaluation Project ..............
$249,600

Children's Trust Fund

4130-9002
For the purposes of a federally funded grant entitled, Child Abuse Prevention Activities ..............
$683,693

Department of Youth Services

4200-1621
For the purposes of a federally funded grant entitled, Serious and Violent Offender Reentry Initiative ...............
$333,333

Department of Transitional Assistance.

4400-0705
For the purpose of a federally funded grant entitled, Emergency Shelter Grants ...........................
$2,521,345

4400-0707
For the purpose of a federally funded grant entitled Continuum of Care .......................................
$7,130,765

4400-3067
For the purpose of a federally funded grant entitled, Food Stamp Employment and Training ........
$460,000

4400-3069
For the purpose of a federally funded grant entitled, Full Employment Food Stamp Cash-Out .....
$25,000

Department of Social Services

4800-0005
For the purposes of a federally funded grant entitled, Children's Justice Act ................................
$360,841

4800-0007
For the purposes of a federally funded grant entitled, The Family Violence Prevention and Support Services Act .............
$1,854,981

4800-0009
For the purposes of a federally funded grant entitled, Title IV-E Independent Living ....................
$2,904,616

4800-0013
For the purposes of a federally funded grant entitled, Family Preservation and Support Services ..
$5,479,505

4800-0085
For the purposes of a federally funded grant entitled, Educational & Training Voucher Program ..
$927,371

4800-0086
For the purposes of a federally funded grant entitled, Adoption Opportunities Grant ....................
$350,000

4800-0087
For the purposes of a federally funded grant entitled, Supervised Visitation and Safe Exchange Grant ..........................
$374,745

4800-1634
For the purposes of a federally funded grant entitled, Teen Living Program - Father's Outreach Program .............
$487,827

4899-0001
For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services ..............
$4,530,155

4899-0022
For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment ..........................
$466,699

OFFICE OF HEALTH SERVICES

Department of Public Health.

4500-1000
For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant .....
$3,720,978

4500-1050
For the purposes of a federally funded grant entitled, Rape Prevention and Education .................
$1,166,076

4500-1055
For the purposes of a federally funded grant entitled, Violence Against Women Planning Implementation ..........
$50,000

4500-2000
For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant ..................
$13,854,016

4502-1012
For the purposes of a federally funded grant entitled, Cooperative Health Statistics System .........
$510,691

4510-0109
For the purposes of a federally funded grant entitled, State Loan Repayment Project ..................
$250,000

4510-0113
For the purposes of a federally funded grant entitled, Office of Rural Health ................................
$150,000

4510-0118
For the purposes of a federally funded grant entitled, Primary Care Cooperative Agreement .......
$112,200

4510-0119
For the purposes of a federally funded grant entitled, Rural Hospital Flexibility Program ..............
$312,793

4510-0219
For the purposes of a federally funded grant entitled, Small Rural Hospital Improvement Program .............
$84,000

4510-0220
For the purposes of a federally funded grant entitled, Children's Oral Health Access Program .....
$75,000

4510-0400
For the purposes of a federally funded grant entitled, Medicare and Medicaid Survey and Certification ...........
$7,754,413

4510-0403
For the purposes of a federally funded grant entitled, Mass Reporting System Evaluate Effects ....
$1,379,259

4510-0404
For the purposes of a federally funded grant entitled, Bioterrorism Hospital Preparedness ..........
$9,558,419

4510-0500
For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement Amendments ................ $211,760

4510-0619
For the purposes of a federally funded grant entitled, FDA Inspection of Food Establishments ....
$153,622

4510-0629
For the purposes of a federally funded grant entitled, Harold Rogers Prescription Drug monitoring ..........................
. $111,500

4510-0634
For the purposes of a federally funded grant entitled, Food Safety Task Force Meeting ..............
$5,000

4510-0636
For the purposes of a federally funded grant entitled, Childhood Lead Paint Poisoning Prevention .........
$1,353,822

4510-0792
For the purposes of a federally funded grant entitled, Trauma EMS-Maternal and Child Health ...
$4,837

4510-0793
For the purposes of a federally funded grant entitled, RURAL Automatic External Defibrillator ....
$127,330

4510-9014
For the purposes of a federally funded grant entitled, Mammography Quality Standards Act Inspections ..........................
$164,636

4510-9040
For the purposes of a federally funded grant entitled, Diabetes Control Program .........................
$822,098

4510-9043
For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Health Impact Assessments .............................................................................................................................
$697,017

4510-9048
For the purposes of a federally funded grant entitled, Indoor Radon Development Program .........
$213,300

4510-9052
For the purposes of a federally funded grant entitled, Tremolite Asbestos Exposure ....................
$7,135

4510-9053
For the purposes of a federally funded grant entitled, Beaches Environmental Assessment ...........
$317,698

4510-9056
For the purposes of a federally funded grant entitled, National Environmental Public Health Tracking ..........................
$568,205

4510-9062
For the purposes of a federally funded grant entitled, Prevalence of ALS and MS in Commonwealth Around Hazardous Waste Sites ...............................................................................................................................
$83,824

4512-0102
For the purposes of a federally funded grant entitled, Sexually Transmitted Disease Control ........
$1,954,346

4512-0107
For the purposes of a federally funded grant entitled, HIV Risk Behavior Surveillance .................
$107,445

4512-0179
For the purposes of a federally funded grant entitled, Vaccination Assistance Project ..................
$5,360,439

4512-0180
For the purposes of a federally funded grant entitled, Epidemiology and Lab Surveillance ............
$1,897,390

4512-0184
For the purposes of a federally funded grant entitled, Integration of Viral Hepatitis Prevention Services into Existing Prevention Programs .................................................................................................................
$386,117

4512-9061
For the purposes of a federally funded grant entitled, State Data Infrastructure Program ..............
$144,064

4512-9062
For the purposes of a federally funded grant entitled, MH/Substance Abuse Emergency Response ................
$99,500

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 ...
$1,791,000

4513-9007
For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants, and Children (WIC) ...........
$64,654,143

4513-9018
For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education - Risk Reduction .................................................................................................................................
$11,032,176

4513-9019
For the purposes of a federally funded grant entitled, HIV Testing-Regular Medical Services ......
$321,370

4513-9021
For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps .................
$8,412,100

4513-9022
For the purposes of a federally funded grant entitled, Prevention Disability State Based Project ...
$387,000

4513-9027
For the purposes of a federally funded grant entitled, MassCare - Community AIDS Resource Enhancement ...............
$888,693

4513-9030
For the purposes of a federally funded grant entitled, Planning a Comprehensive Primary Care System for All Mass Children and Youth .................................................................................................................................
$100,000

4513-9035
For the purposes of a federally funded grant entitled, AIDS Surveillance and Seroprevalence Project ................
$1,026,213

4513-9037
For the purposes of a federally funded grant entitled, Ryan White Comprehensive AIDS Resources .......
$24,335,640

4513-9038
For the purposes of a federally funded grant entitled, Shelter Plus Care - Worcester ...................
$190,512

4513-9046
For the purposes of a federally funded grant entitled, Congenital Anomalies Center of Excellence ....................
$1,165,000

4513-9050
For the purposes of a federally funded grant entitled, Max Care - Maximizing Children's Health and Safety in Child Care ..................................................................................................................................................
$50,000

4513-9051
For the purposes of a federally funded grant entitled, Rural Domestic Violence and Children Victimization Project ........
$465,560

4513-9060
For the purposes of a federally funded grant entitled, Residential Fire Injury Prevention - Mass Injury Intervention and Surveillance ..............................................................................................................................
$180,000

4513-9061
For the purposes of a federally funded grant entitled, Abstinence Education Project ....................
$739,012

4513-9066
For the purposes of a federally funded grant entitled, Universal Newborn Hearing Screening-Enhancement Project ..................
$139,800

4513-9069
For the purposes of a federally funded grant entitled, HIV Intervention Care Demonstration - Incarcerated .
$250,000

4513-9071
For the purposes of a federally funded grant entitled, Early Hearing Detection and Intervention (EHDI) Tracking and Research ...................................................................................................................................
$152,000

4513-9072
For the purposes of a federally funded grant entitled, Intimate Partner Violence Among Racial and Ethnic Minority Populations ...............................................................................................................................
$559,169

4513-9073
For the purposes of a federally funded grant entitled, Massachusetts Medical Home Project .......
$197,962

4513-9074
For the purposes of a federally funded grant entitled, Genetics Services Project ..........................
$356,768

4513-9075
For the purposes of a federally funded grant entitled, Alcohol Screening During Pregnancy - Replicating Lessons Learned ..................................................................................................................................................
$150,000

4513-9076
For the purposes of a federally funded grant entitled, Early Childhood Comprehensive Systems ..
$100,000

4513-9077
For the purposes of a federally funded grant entitled, Emergency Medical Services for Children Partnership II ..........
$100,000

4513-9078
For the purposes of a federally funded grant entitled, Asthma Planning Collaborative ...................
$200,000

4513-9102
For the purposes of a federally funded grant entitled, Emergency Medical Services Children Partnership ...............
$100,000

4514-1001
For the purposes of a federally funded grant entitled, Cultural Perspective -Obesity Among Hispanic Participants ..........................
$39,982

4514-1004
For the purposes of a federally funded grant entitled, Emotion Based Messages to Promote Healthy Behavior ..............
$135,907

4515-0115
For the purposes of a federally funded grant entitled, Tuberculosis Control Project .....................
$3,107,101

4515-0121
For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological Studies and Consortium .............
$126,233

4515-0200
For the purposes of a federally funded grant entitled, STD/HIV Prevention Training Centers .......
$482,684

4515-0202
For the purposes of a federally funded grant entitled, Monitoring Prevalence of STD and TB in Corrections Facilities .....
$50,914

4515-0203
Prevalence of STD, TB and HIV Risk Behavior Among MSM ..................................................
$44,828

4516-1018
For the purposes of a federally funded grant entitled, Lyme Disease Research and Education ......
$594,612

4516-1019
For the purposes of a federally funded grant entitled, Laboratory Biomonitoring Planning ............
$399,826

4516-1021
For the purposes of a federally funded grant entitled, Public Health Preparedness and Response for Bioterrorism ..............
$26,660,992

4518-0505
For the purposes of a federally funded grant entitled, Tech Data & Mass Birth/Infant Death File Linkage/Analysis Assistive Reproductive ............................................................................................................................
$49,509

4518-0506
For the purposes of a federally funded grant entitled, Core Injury Surveillance Phase III ..............
$180,000

4518-0507
For the purposes of a federally funded grant entitled, Core Injury Surveillance Phase II ...............
$132,000

4518-0508
For the purposes of a federally funded grant entitled, Statewide Injury Surveillance Evaluation .....
$60,000

4518-0509
For the purposes of a federally funded grant entitled, Occupational Health Surveillance Low Incomes ...........
$156,000

4518-0513
For the purposes of a federally funded grant entitled, Occupational Injuries to Under Age 18 Youth - Enhancement Surveillance ...............................................................................................................................
$126,281

4518-0514
For the purposes of a federally funded grant entitled, National Violent Death Reporting System ...
$280,000

4518-0532
For the purposes of a federally funded grant entitled, Core Occupational Health Surveillance ......
$338,153

4518-1000
For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index ................
$43,598

4518-1002
For the purposes of a federally funded grant entitled, Massachusetts Death File - Social Security Administration ...........................
$79,300

4518-1003
For the purposes of a federally funded grant entitled, Massachusetts Birth Records - Social Security Administration ...................
$370,101

4518-9022
For the purposes of a federally funded grant entitled, Sentinel Event Notification System for Occupational Risks .........
$152,324

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

4570-1509
For the purposes of a federally funded grant entitled, Massachusetts Cardiovascular Disease Prevention .................
$360,000

4570-1511
For the purposes of a federally funded grant entitled, Massachusetts Pass Key to Women's Health ....................
$100,000

4570-1512
For the purposes of a federally funded grant entitled, National Cancer Prevention Control ...........
$5,714,163

4570-1515
For the purposes of a federally funded grant entitled, Chronic Diseases Prevention and Health Promotion ..............
$4,055,103

4590-0306
For the purposes of a federally funded grant entitled, Design & Characterization of Cigarettes .....
$234,830

Department of Mental Health

5012-9121
For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness .............
$1,299,036

5012-9154
For the purposes of a federally funded grant entitled, Disaster Relief ...........................................
$135,000

5012-9156
For the purposes of a federally funded grant entitled, Crisis Counseling Program - 9/11 Attacks ..
$659,000

5014-9105
For the purposes of a federally funded grant entitled, Data Infrastructure .....................................
$75,000

5046-9102
For the purposes of a federally funded grant entitled, Shelter Plus Care Program .........................
$144,240

5047-9101
For the purposes of a federally funded grant entitled, Worcester Communities of Care for Youth ...............
$2,000,000

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 .......
$2,775,856

6000-0019
For the purposes of a federally funded grant entitled, Section 5307 Transportation Demand Management .............
$400,000

6000-0020
For the purposes of a federally funded grant entitled, Jobs Access Reverse Commute .................
$564,223

6000-0023
For the purposes of a federally funded grant entitled, Rural Public Transportation Planning Grant ............. $2,950,060

6000-0049
For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation Capital Grant ...........
$2,470,111

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 ............................
$169,000

7000-9702
For the purposes of a federally funded grant entitled, Library Service Technology Act .................
$3,500,000

Department of Labor and Workforce Development.

7002-4201
For the purposes of a federally funded grant entitled, Quality Child Care Initiative .......................
$90,426

7002-4202
For the purposes of a federally funded grant entitled, Tools for Schools Program Support ...........
$10,000

7002-4203
For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Statistics Program .............
$114,106

7002-4204
For the purposes of a federally funded grant entitled, Adult Blood Lead Levels Surveillance ........
$23,991

7002-4212
For the purposes of a federally funded grant entitled, Asbestos Licensing and Monitoring ............
$107,640

7002-4213
For the purposes of a federally funded grant entitled, Lead Licensing and Monitoring ..................
$244,978

7002-4215
For the purposes of a federally funded grant entitled, Occupational Illness and Injury ..................
$93,309

7002-4216
For the purpose of a federally funded grant entitled, Lead Enforcement Cooperation Agreement .
$78,080

7002-6627
For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Onsite Consultation Program ....................................................................................................................................
$1,397,346

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 ...................
$6,727,500

7003-1630
For the purpose of a federally funded grant entitled, Workforce Investment Act Title I-Adult Activities ...............
$11,861,298

7003-1631
For the purpose of a federally funded grant entitled, Workforce Investment Act Title I-Youth Formula Grants ..................
$19,602,697

7003-1632
For the purpose of a federally funded grant entitled, Workforce Investment Act Title I-Dislocated Workers ................
$31,389,887

7003-1633
For the purposes of a federally funded grant entitled, Workforce Investment Act Title I - Disability grant ..........................
$130,000

7003-1634
For the purposes of a federally funded grant entitled, Workforce Investment Act Title V - Incentive Grant ..............
$2,000,000

7003-2013
For the purposes of a federally funded grant entitled, Mine Safety and Health Training ................
$67,720

Department of Housing and Community Development.

7004-0304
For the purposes of a federally funded grant entitled, Lead-Based Paint Control Program ...........
$1,093,180

7004-2030
For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income Persons; provided, that consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies ...................................................
$6,644,629

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 ...................................................
$75,118,510

7004-2034
For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies ................................................................
$17,007,939

7004-2035
For the purposes of a federally funded grant entitled, Community Service Block Grant Training and Technical Assistance ..................................................................................................................................................
$37,380

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 ............................................
$46,800,634

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 ..................................................................................................................................................
$6,800,000

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 ...............................................................................................................................................
$198,000,000

7004-9019
For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies ..........................
$10,000,000

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 ..............................
$5,800,000

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 ................................................................
$18,462,518

7004-9039
For the purposes of a federally funded grant entitled, HOME Technical Assistance .....................
$120,000

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 ............................................................................................
$26,000

7004-9404
For the purposes of a federally funded grant, entitled, McKinney Shelter Plus Care; 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 ............................................................................................
$1,900,827

Department of Telecommunications and Energy

7006-9000
For the purposes of a federally funded grant entitled, Motor Carrier Safety Assistance ................
$2,803

7006-9001
For the purposes of a federally funded grant entitled, One Call Project .......................................
$6,918

7006-9002
For the purposes of a federally funded grant entitled, Pipeline Security ........................................
$456,190

Division of Energy Resources.

7006-9215
For the purposes of a federally funded grant entitled, Rebuild Massachusetts Communities .........
$120,000

7006-9210
For the purposes of a federally funded grant entitled, Revitalizing Brockton .................................
$9,805

7006-9215
For the purposes of a federally funded grant entitled, Rebuild Massachusetts ..............................
$120,000

7006-9216
For the purposes of a federally funded grant entitled, City of Boston Municipal Energy Program ..
$40,000

7006-9218
For the purposes of a federally funded grant entitled, Mystic Valley Combined Heat ...................
$37,988

7006-9219
For the purposes of a federally funded grant entitled, Industry of the Future ................................
$100,000

7006-9220
For the purposes of a federally funded grant entitled, Potential for Wind Energy ..........................
$61,225

7006-9221
For the purposes of a federally funded grant entitled, SEP Regional Conference/Workshop ........
$18,939

7006-9222
For the purposes of a federally funded grant entitled, Massachusetts Micro-Hydro Analysis Project .............. $5,000

7006-9223
For the purposes of a federally funded grant entitled, Leveraging Manufacturing Productivity and Energy Efficiency Resources .................................................................................................................................
$6,750

7006-9224
For the purposes of a federally funded grant entitled, Clean Cities Coalition Support ...................
$25,000

7006-9225
For the purposes of a federally funded grant entitled, Industries of the Future Program ................
$50,375

7006-9226
BIOMASS - Incentive Programs for Biobased Products and Fuels ............................................
$75,000

7006-9227
Public Housing Efficiency Project ...............................................................................................
$97,700

7006-9720
For the purposes of a federally funded grant entitled, State Heating Oil and Propane Program .....
$22,820

7006-9743
For the purposes of a federally funded grant entitled, State Energy Plan ......................................
$974,000

Department of Economic Development.

7007-9007
For the purposes of a federally funded grant entitled, Urban Enterprise Program .........................
$200,000

Department of Education.

7010-8888
For the purposes of a federally funded grant entitled, School Renovations Ideas and Technology - Distribution ..........................
$19,400,000

7010-9706
For the purposes of a federally funded grant entitled, Common Core Data Project ......................
$95,003

7027-0210
For the purposes of a federally funded grant entitled, Partnerships in Character Education ...........
$286,216

7027-4444
For the purposes of a federally funded grant entitled, High School Reform SG - Distribution .......
$724,062

7032-0217
For the purposes of a federally funded grant entitled, Robert C Byrd Honors Scholarship Program - Distribution ........
$929,435

7032-0228
For the purposes of a federally funded grant entitled, Massachusetts AIDS Education Program ...
$1,216,398

7033-9401
For the purposes of a federally funded grant entitled, Christa McAuliffe Fellowship Program - Administration ................
$8,500

7035-0020
For the purposes of a federally funded grant entitled, Massachusetts State Improvement Grant Project Focus .....................
$2,752,287

7035-0166
For the purposes of a federally funded grant entitled, Even Start Family Literacy - Distribution ....
$4,754,428

7035-0176
For the purposes of a federally funded grant entitled, Comprehensive School Demonstration - Distribution ....................
$6,590,588

7035-0210
For the purposes of a federally funded grant entitled, Advanced Placement Fee Payment Program ...........................
$336,646

7038-0107
For the purposes of a federally funded grant entitled, Adult Basic Education - Distribution ...........
$11,293,529

7038-0188
For the purposes of a federally funded grant entitled, Family Literacy Administration Phase II .....
$167,664

7038-9004
For the purposes of a federally funded grant entitled, School Based Programs ............................
$509,688

7038-9008
For the purposes of a federally funded grant entitled, Learn and Serve America, Higher Ed and Schools Partnership .................
$235,600

7038-9748
For the purposes of a federally funded grant entitled, Refugee Children School Impact Grant Program ..................
$537,500

7043-1001
For the purposes of a federally funded grant entitled, Title I Basic Program .................................
$230,510,606

7043-1002
For the purposes of a federally funded grant entitled, Title I Reading First State Grants ...............
$18,542,055

7043-1004
For the purposes of a federally funded grant entitled, Title I Migratory Children ..........................
$1,818,902

7043-1005
For the purposes of a federally funded grant entitled, Title I Neglected and Delinquent Children ..
$1,950,000

7043-2001
For the purposes of a federally funded grant entitled, Title II Teacher Quality State Grants ..........
$52,717,550

7043-2002
For the purposes of a federally funded grant entitled, Title II State and Local Technology Grants ...................... $14,155,554

7043-2003
For the purposes of a federally funded grant entitled, Title IIB Math and Science Partnerships .....
$1,731,107

7043-3001
For the purposes of a federally funded grant entitled, Title III Language Instruction/LEP Immigrants ...............
$7,173,119

7043-4001
For the purposes of a federally funded grant entitled, Title IV Safe and Drug Free Schools ..........
$7,143,515

7043-4002
For the purposes of a federally funded grant entitled, Title IV 21st Century Community Learning Centers ....................
$11,525,000

7043-4003
For the purposes of a federally funded grant entitled, Community Service Expelled/Suspended ....
$975,394

7043-5001
For the purposes of a federally funded grant entitled, Title V Innovative Programs State Grants ...
$7,617,530

7043-6001
For the purposes of a federally funded grant entitled, Title VI State Assessment Grants ...............
$7,345,671

7043-6002
For the purposes of a federally funded grant entitled, Rural And Low-Income Schools ................
$193,929

7043-6501
For the purposes of a federally funded grant entitled, Title X Homeless Children/Youth ...............
$1,055,917

7043-7001
For the purposes of a federally funded grant entitled, Special Education Grants ...........................
$250,351,438

7043-7002
For the purposes of a federally funded grant entitled, Preschool Grants .......................................
$10,103,890

7043-8001
For the purposes of a federally funded grant entitled, Vocational Education Grants ......................
$18,101,085

7043-8002
For the purposes of a federally funded grant entitled, Tech-Prep. Education ................................
$1,697,959

7043-9001
For the purposes of a federally funded grant entitled, Teacher Quality Enhancement/Partnerships ....................
$312,828

7043-9002
For the purposes of a federally funded grant entitled, Transition to Teaching ................................
$586,160

7053-2112
For the purposes of a federally funded grant entitled, Special Assistance Funds ...........................
$133,180,125

7053-2117
For the purposes of a federally funded grant entitled, Child Care Program ..................................
$55,040,252

7053-2126
For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance ....
$920,000

7053-2202
For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children ..........................
$6,125,000

7062-0008
For the purposes of a federally funded grant entitled, Office of School Lunch Programs - Child Care Program Administration ..................................................................................................................................................
$2,850,000

7062-0017
For the purposes of a federally funded grant entitled, Charter Schools Assistance .......................
$4,751,065

7062-0019
For the purposes of a federally funded grant entitled, Career Resource Network State Grant ......
$230,000

Board of Higher Education.

7066-1574
For the purposes of a federally funded grant entitled, Improving Teacher Quality Grants - SAHES ..........................
$1,405,000

7066-6022
For the purposes of a federally funded grant entitled, Gear Up - Board of Higher Education ........
$405,314

7070-0017
For the purposes of a federally funded grant entitled, State Student Incentive Grant Program - Board of Higher Education ..................................................................................................................................................
$946,011

7110-6019
For the purposes of a federally funded grant entitled, Upward Bound Payroll and Benefits - Fitchburg State College .....................
$150,182

7110-6030
For the purposes of a federally funded grant entitled, Expanding Horizons Student Support Services - Fitchburg State College .....................................................................................................................................
$161,177

7110-6046
For the purposes of a federally funded grant entitled, Co-Step Special Education Payroll and Benefits- Fitchburg State College .....................................................................................................................................
$48,917

7110-6064
For the purposes of a federally funded grant entitled, USIA Community Connections Payroll- Fitchburg State College ..........................
$32,854

7410-3093
For the purposes of a federally funded grant entitled, Polymer Building Construction - University of Massachusetts Amherst ..................................................................................................................................................
$832,264

7503-6555
For the purposes of a federally funded grant entitled, Title III Strengthening Institutions Program - Bristol Community College .....................................................................................................................................
$159,829

7503-9711
For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students - Bristol Community College .....................................................................................................................................
$297,973

7503-9714
For the purposes of a federally funded grant entitled, Upward Bound Program - Bristol Community College ..........................
$111,000

7509-1490
For the purposes of a federally funded grant entitled, Educational Opportunities Centers Payroll - Mount Wachusett Community College ...................................................................................................................
$130,119

7509-9714
For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students - Mount Wachusett Community College ...................................................................................................................
$214,243

7509-9718
For the purposes of a federally funded grant entitled, Talent Search - Mount Wachusett Community College ..........................
$241,850

7511-9711
For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students - North Shore Community College ...................................................................................................................
$434,823

7511-9713
For the purposes of a federally funded grant entitled, IAP - Strengthening Institutions Program ....
$362,534

7511-9740
For the purposes of a federally funded grant entitled, Upward Bound - North Shore Community College ..........................
$144,388

7511-9750
For the purposes of a federally funded grant entitled, Talent Search ............................................
$192,005

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Office of the Secretary

8000-4602
For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act - Planning ..........................$
128,700

8000-4603
For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act ..........................
$1,158,300

8000-4608
For the purposes of a federally funded grant entitled, Drug-Free Schools and Communities Act of 1986 ..........................
$1,787,879

8000-4609
For the purposes of a federally funded grant entitled, Narcotics Control Assistance .....................
$10,163,694

8000-4610
For the purposes of a federally funded grant entitled, Statistical Analysis Center ..........................
$51,377

8000-4619
For the purposes of a federally funded grant entitled, Title V .......................................................
$272,000

8000-4620
For the purposes of a federally funded grant entitled, Stop Violence Against Women Formula Grants Program ..........................
$2,492,000

8000-4623
For the purposes of a federally funded grant entitled, Criminal History Improvement ...................
$812,313

8000-4625
For the purposes of a federally funded grant entitled, Local Law Enforcement Block Grants ........
$735,685

8000-4634
For the purposes of a federally funded grant entitled, Juvenile Accountability Incentive Block Grant ..........................
$978,100

8000-4642
For the purposes of a federally funded grant entitled, Bullet-proof Vest Partnership Program .......
$100,000

8000-4692
For the purposes of a federally funded grant entitled, State Homeland Security Program .............
$45,638,500

8000-4693
For the purposes of a federally funded grant entitled, Project Safe Neighborhood .......................
$1,200,000

8000-4694
For the purposes of a federally funded grant entitled, Urban Area Security Initiative ....................
$19,018,846

8000-4804
For the purposes of a federally funded grant entitled, State Agency Programs .............................
$18,619,013

8000-4829
For the purposes of a federally funded grant entitled, Demonstration /Evaluation of Rational Speed Limits ..........................
$80,000

8000-4830
For the purposes of a federally funded grant entitled, Crash Outcome Data Evaluation System ....
$65,717

8000-4831
For the purposes of a federally funded grant entitled, FY02 Enforcing the Underage Drinking Law ..........................
$100,000

8000-4834
For the purposes of a federally funded grant entitled, Older Road User Highway Improvements ..
$135,000

8000-4835
For the purposes of a federally funded grant entitled, FY2003 Enforcing the Underage Drinking Laws ..........................
$357,600

8000-4836
For the purposes of a federally funded grant entitled, Commercial Motor Vehicle Data Quality Control and Analysis ..........................
$200,000

8000-4837
For the purposes of a federally funded grant entitled, FY 2004 Enforcing the Underage Drinking Laws ..........................
$200,000

Department of State Police.

8100-0208
For the purposes of a federally funded grant entitled, MCSAP Wireless Communications Program ..........................
$160,111

8100-0209
For the purposes of a federally funded grant entitled, Region 1 Training Academy Motor Carrier Safety Assistance ..........................
$145,000

8100-0210
For the purposes of a federally funded grant entitled, MCSAP-CVE New Entrant Audit .............
$61,644

8100-0213
For the purposes of a federally funded grant entitled, MCSAP Main Grant FY03 .......................
$2,327,650

8100-0214
For the purposes of a federally funded grant entitled, MCSAP FY04 .........................................
$2,350,000

8100-2058
For the purposes of a federally funded grant entitled, New England State Police Administrator's Conference - Regional Investigation ..............................................................................................................................
$3,000,000

8100-9705
For the purposes of a federally funded grant entitled, Port Security .............................................
$1,200,000

8100-9706
For the purposes of a federally funded grant entitled, Cannabis Eradication Controlled Substance Prosecution DEA Cooperative Agreement ............................................................................................................
$80,000

8100-9719
For the purposes of a federally funded grant entitled, FY01 DNA No Suspect Backlog Reduction ..........................
$917,030

8100-9720
For the purposes of a federally funded grant entitled, FY03 DNA No Suspect Backlog Reduction ..........................
$1,789,772

8100-9721
For the purposes of a federally funded grant entitled, Paul Coverdell National Forensic Science ..
$78,000

Criminal Justice Training Council.

8200-0010
For the purposes of a federally funded grant entitled, Massachusetts Police Corps ......................
$15,000

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 ...
$25,000

8324-9707
For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program ..........................
$200,000

Registry of Motor Vehicles.

8400-0090
For the purposes of a federally funded grant entitled, Enhance CDL Licensing ............................
$240,000

8400-0092
For the purposes of a federally funded grant entitled, Enhancing Social Security Verification ........
$221,000

Military Division.

8700-1000
For the purposes of a federally funded cooperative agreement entitled, Military Construction Costs ..........................
$8,730,000

8700-2000
For the purposes of a federally funded cooperative agreement entitled, National Guard Military Operations and Maintenance Projects ....................................................................................................................................
$319,000

Massachusetts Emergency Management Agency.

8800-0002
For the purposes of a federally funded grant entitled, Community Emergency Response Team Train the Trainer ..........................
$50,000

8800-0003
For the purposes of a federally funded grant entitled, Emergency Management Assistance - Performance Grant ..........................
$3,407,781

8800-0037
For the purposes of a federally funded grant entitled, Hazard Mitigation 1224/1142 ....................
$3,764,513

8800-0042
For the purposes of a federally funded grant entitled, Hazardous Materials Transportation Act ....
$214,283

8800-0048
For the purposes of a federally funded grant entitled, Flood Mitigation Assistance Program .........
$829,840

8800-0054
For the purposes of a federally funded grant entitled, Flood 10/20/06 .........................................
$2,333,770

8800-0063
For the purposes of a federally funded grant entitled, Emergency Operations Center Grant ..........
$98,322

8800-0064
For the purposes of a federally funded grant entitled, Hazard Mitigation 1364 .............................
$1,520,166

8800-0066
For the purposes of a federally funded grant entitled, All Hazardous Emergency Operations Planning Grant ..........................
$2,144,079

8800-0067
For the purposes of a federally funded grant entitled, Citizen Corporation/CERT Programs .........
$435,603

8800-0068
For the purposes of a federally funded grant entitled, Preparedness Equipment - State and Local ..........................
$50,220

8800-0069
For the purposes of a federally funded grant entitled, Comprehensive Environmental Response, Compensation, and Liability Act Grant ..................................................................................................................................
$5,000

8800-0078
For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation Program ................
$648,570

8800-0079
For the purposes of a federally funded grant entitled, State Domestic Preparedness Program ......
$949,621

8800-0080
For the purposes of a federally funded grant entitled, Local Emergency Planning Committees Planning and Conference ..........................
$30,500

8800-0081
For the purposes of a federally funded grant entitled, Community Emergency Response Team (CERT) Programs ..........................
$388,783

8800-0082
For the purposes of a federally funded grant entitled, Snow Removal Declaration 3175 ...............
$10,000,000

8800-0083
For the purposes of a federally funded grant entitled, Snow Removal Declaration 3194 ...............
$40,000,000

Department of Correction.

8900-0027
For the purposes of a federally funded grant entitled, Residential Substance Abuse Treatment .....
$485,000

8900-0029
For the purposes of a federally funded grant entitled, Violent Offender Incarceration/Truth in Sentencing ..........................
$1,000,000

8903-0019
For the purposes of a federally funded grant entitled, Life Skills for State and Local Prisoners .....
$185,000

Sheriffs.

8910-0118
For the purposes of a federally funded grant entitled, Life Skills for Offenders .............................
$102,369

8910-0120
For the purposes of a federally funded grant entitled, Substance Abuse .......................................
$69,930

8910-0121
For the purposes of a federally funded grant entitled, Project TACT ...........................................
$51,300

8910-0123
For the purposes of a federally funded grant entitled, Inmate Litter Program ................................
$32,089

8910-0133
For the purposes of a federally funded grant entitled, Residential Substance Abuse .....................
$75,899

8910-0169
For the purposes of a federally funded grant entitled, Adult Basic Supervision .............................
$157,248

8910-0170
For the purposes of a federally funded grant entitled, Project Expand .........................................
$62,358

8910-0202
For the purposes of a federally funded grant entitled, STD/Tuberculosis ......................................
$38,185

8910-0305
For the purposes of a federally funded grant entitled, Title 1 .......................................................
$249,875

8910-0320
For the purposes of a federally funded grant entitled, Violence Against Women ..........................
$10,760

8910-0369
For the purposes of a federally funded grant entitled, HIV Intervention .......................................
$39,550

8910-0370
For the purposes of a federally funded grant entitled, HIV/STD/Tuberculosis ..............................
$44,503

8910-0503
For the purposes of a federally funded grant entitled, Title 1 .......................................................
$76,069

8910-0504
For the purposes of a federally funded grant entitled, Community Corrections Centers ................
$1,718,915

8910-0533
For the purposes of a federally funded grant entitled, Integrity Training ........................................
$75,000

8910-0607
For the purposes of a federally funded grant, entitled, Substance Abuse Continuum of Care ........
$249,548

8910-8001
For the purposes of a federally funded grant entitled, Vocational Education .................................
$11,377

8910-8011
For the purposes of a federally funded grant entitled, Project TOP .............................................
$11,000

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 ..........................
$10,480,605

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 ....................................................................................................................................
$4,952,082

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 ..........................
$316,519

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 ..........................
$13,420,000

9110-1174
For the purposes of a federally funded grant entitled, Nutrition Services Incentive Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies ............
$3,976,430

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 ............
$1,930,927

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 ..........................
$333,414

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 ..........................
$40,000

9110-2760
For the purposes of a federally funded grant entitled, New England Massachusetts Aging and Disability Resource Center; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies ..........................
$139,375

9110-2761
For the purposes of a federally funded grant entitled, Aging and Disability Resource Center- Center for Medicaid and Medicare Services; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies .................................................................................................................
$110,625

SECTION 3. Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2005 the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the General 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 $661,378,162 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 General Fund.

Notwithstanding any general or special law to the contrary, the total amounts to be distributed and paid to each city and town from item 0611-5500 of section 2 shall be as set forth in the following lists; 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.

Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2005 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists; 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 3, 6 and 7 of chapter 70 of the General Laws. For fiscal year 2005, in the calculation of the foundation budget for each district, no school district shall have a wage adjustment factor less than one. Minimum required local contributions for fiscal year 2005 shall be calculated as for house bill 1A, as submitted by the governor in January of 2004, and shall equal preliminary local contribution in fiscal year 2004 increased or decreased by the municipal revenue growth factor. For the purposes of calculating municipal revenue growth factors, general revenue sharing aid for every city and town shall be calculated based on the amount of assistance from the Commonwealth budgeted in house bill 1A, as submitted by the governor in January of 2004. For fiscal year 2005, Chapter 70 aid shall be the difference between a district's foundation budget and the sum of that district's share of preliminary local contributions of member communities as determined by the department of education. Each operating district shall receive at least as much aid as the district received in chapter 70 aid in fiscal year 2004. No district shall receive chapter 70 aid in an amount greater than the district's foundation budget. If there is a conflict between the provisions of this section and the distribution listed below, the distribution below shall control.

The department shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994.

No payments to cities, towns, or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district, or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.

Local Aid Distribution

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June 30, 2005 the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the General 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 $661,378,162 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 General Fund.

Notwithstanding the provisions of any general or special law to the contrary, the total amounts to be distributed and paid to each city and town from item 0611-5500 of section 2 shall be as set forth in the following lists; 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.

Notwithstanding the provisions of section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the general laws, for fiscal year 2005 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be calculated according to the provisions of this paragraph. For fiscal year 2005, in the calculation of the foundation budget for each district, no school district shall have a wage adjustment factor less than one. Minimum required local contributions for fiscal year 2005 shall be calculated as for house bill 1A, as submitted by the Governor in January of 2004, and shall equal preliminary local contribution in fiscal year 2004 increased or decreased by the municipal revenue growth factor, less any excess debt service amount as defined in section 2 of chapter 70 of the General Laws. For the purposes of calculating municipal revenue growth factors, general revenue sharing aid for every city and town shall be calculated based on the amount of assistance from the Commonwealth budgeted in house bill 1A, as submitted by the Governor in January of 2004. In no case shall required net school spending be reduced below the foundation budget as a result of excess debt. For fiscal year 2005, Chapter 70 aid shall be the difference between a district’s foundation budget and the sum of that district’s share of preliminary local contributions of member communities as determined by the department of education. Each operating district shall receive at least as much aid as the district received in chapter 70 aid in fiscal year 2004. No district shall receive chapter 70 aid in an amount greater than the district’s foundation budget. The department of education, in collaboration with the division of local services at the department of revenue, shall provide the treasurer of the commonwealth with a distribution of chapter 70 aid calculated following the provisions of this section, using updated student enrollment and the most accurate available statistical information, and said treasurer shall adjust the payments to cities, towns, regional school districts, or counties maintaining an agricultural school to reflect the updated distribution.

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.

No payments to cities, towns, or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of 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. 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.

7061-0008

0611-5500

Additional

Lottery

Municipality

Chapter 70

Assistance

Distribution

ABINGTON

6,777,604

-

1,758,051

ACTON

2,603,014

29,696

1,195,284

ACUSHNET

5,865,739

23,875

1,349,775

ADAMS

-

35,042

1,720,579

AGAWAM

9,971,790

-

3,138,137

ALFORD

-

-

12,923

AMESBURY

8,322,927

-

1,763,634

AMHERST

4,931,612

222,910

6,883,094

ANDOVER

4,945,356

-

1,576,354

AQUINNAH

-

-

1,887

ARLINGTON

4,802,777

4,491,775

3,833,185

ASHBURNHAM

-

-

595,717

ASHBY

-

-

349,366

ASHFIELD

66,103

-

143,485

ASHLAND

2,588,396

291,598

909,060

ATHOL

-

4,377

1,924,937

ATTLEBORO

26,567,844

-

4,874,098

AUBURN

3,735,310

-

1,465,175

AVON

570,215

400,636

347,387

AYER

3,588,964

44,218

653,637

BARNSTABLE

6,105,388

-

1,799,394

BARRE

14,943

-

677,399

BECKET

73,044

8,580

65,888

BEDFORD

1,935,588

484,271

699,674

BELCHERTOWN

9,256,975

-

1,316,398

BELLINGHAM

7,540,956

-

1,618,431

BELMONT

2,824,519

827,483

1,520,795

BERKLEY

4,843,862

-

478,440

BERLIN

494,057

-

190,373

BERNARDSTON

-

-

223,551

BEVERLY

6,107,219

2,452,442

3,485,521

BILLERICA

12,688,538

2,349,321

3,617,520

BLACKSTONE

38,454

-

1,130,441

BLANDFORD

34,629

-

101,161

BOLTON

-

-

158,122

BOSTON

200,498,366

164,211,152

53,968,473

BOURNE

4,398,105

352,555

1,037,581

BOXBOROUGH

1,290,263

-

206,884

BOXFORD

1,446,557

36,411

400,102

BOYLSTON

381,691

-

302,601

BRAINTREE

4,655,171

3,378,041

2,790,848

BREWSTER

820,927

-

337,981

BRIDGEWATER

112,410

-

2,792,709

BRIMFIELD

878,098

-

310,111

BROCKTON

106,909,135

4,310,392

15,637,164

BROOKFIELD

1,308,158

-

420,657

BROOKLINE

4,922,047

3,497,741

3,380,871

BUCKLAND

-

-

232,150

BURLINGTON

3,547,194

1,386,400

1,360,578

CAMBRIDGE

6,791,105

17,956,060

6,820,267

CANTON

2,512,730

878,002

1,260,474

CARLISLE

586,786

14,729

187,183

CARVER

9,165,331

-

1,255,697

CHARLEMONT

66,103

-

134,534

CHARLTON

-

-

1,090,377

CHATHAM

448,125

-

147,795

CHELMSFORD

6,593,456

2,535,342

2,759,926

CHELSEA

41,740,214

3,396,864

4,747,616

CHESHIRE

242,992

-

457,909

CHESTER

46,836

-

140,028

CHESTERFIELD

84,990

-

105,694

CHICOPEE

36,376,295

1,195,616

8,535,325

CHILMARK

-

-

3,358

CLARKSBURG

1,464,518

13,114

305,399

CLINTON

8,794,604

175,517

1,915,036

COHASSET

1,147,273

166,099

365,106

COLRAIN

-

-

196,429

CONCORD

1,542,930

383,959

817,244

CONWAY

556,983

-

140,227

CUMMINGTON

32,478

-

61,610

DALTON

141,724

-

848,429

DANVERS

3,570,012

1,118,972

1,722,964

DARTMOUTH

7,857,177

-

2,217,842

DEDHAM

3,053,874

1,550,298

1,898,464

DEERFIELD

625,742

-

421,939

DENNIS

-

-

471,165

DEVENS

328,000

-

-

DIGHTON

-

-

601,950

DOUGLAS

6,152,475

-

589,300

DOVER

331,900

-

179,149

DRACUT

14,108,912

-

3,086,109

DUDLEY

-

-

1,306,181

DUNSTABLE

-

30,076

166,548

DUXBURY

2,655,314

-

823,068

EAST BRIDGEWATER

9,132,173

-

1,291,216

EAST BROOKFIELD

21,904

-

239,424

EAST LONGMEADOW

3,278,506

-

1,163,174

EASTHAM

242,054

-

128,941

EASTHAMPTON

6,970,699

108,874

2,305,254

EASTON

7,481,507

-

1,883,909

EDGARTOWN

323,078

28,507

40,872

EGREMONT

-

-

55,927

ERVING

245,334

13,150

54,375

ESSEX

-

33,828

203,853

EVERETT

19,186,896

4,084,357

3,050,157

FAIRHAVEN

6,793,464

391,434

1,756,757

FALL RIVER

85,786,179

2,290,951

19,402,249

FALMOUTH

4,231,106

-

1,216,594

FITCHBURG

35,787,060

214,811

7,230,474

FLORIDA

415,390

-

44,427

FOXBOROUGH

5,687,603

-

1,360,167

FRAMINGHAM

8,131,670

4,697,500

5,530,116

FRANKLIN

22,117,905

-

2,141,760

FREETOWN

892,240

-

845,301

GARDNER

17,867,842

120,747

3,490,701

GEORGETOWN

3,271,897

52,998

596,482

GILL

-

-

185,131

GLOUCESTER

5,243,302

1,923,054

2,264,906

GOSHEN

71,297

-

59,634

GOSNOLD

8,046

1,962

468

GRAFTON

5,691,718

-

1,363,188

GRANBY

3,416,780

-

724,012

GRANVILLE

1,179,511

-

120,132

GREAT BARRINGTON

-

-

681,422

GREENFIELD

8,625,218

-

2,656,246

GROTON

-

-

633,120

GROVELAND

-

-

572,919

HADLEY

593,711

138,341

280,365

HALIFAX

2,135,704

-

799,621

HAMILTON

-

42,887

533,202

HAMPDEN

-

-

514,302

HANCOCK

133,439

17,638

32,868

HANOVER

4,228,922

1,326,394

938,920

HANSON

28,330

-

1,096,347

HARDWICK

-

3,228

336,620

HARVARD

1,145,540

55,090

1,648,035

HARWICH

1,363,502

-

376,383

HATFIELD

537,782

-

268,720

HAVERHILL

31,598,621

2,503,145

6,827,711

HAWLEY

24,249

12,924

24,447

HEATH

-

-

54,725

HINGHAM

3,162,330

334,151

1,214,451

HINSDALE

75,547

-

179,555

HOLBROOK

4,123,504

4,757

1,370,152

HOLDEN

-

-

1,454,110

HOLLAND

654,814

-

153,540

HOLLISTON

5,801,129

412,300

1,088,152

HOLYOKE

59,926,676

606,646

8,164,179

HOPEDALE

5,064,647

-

567,333

HOPKINTON

4,441,378

120,287

558,625

HUBBARDSTON

-

-

293,378

HUDSON

5,242,895

-

1,824,009

HULL

3,613,343

1,388,549

966,033

HUNTINGTON

89,327

-

266,546

IPSWICH

1,968,840

775,432

894,957

KINGSTON

3,233,959

-

807,788

LAKEVILLE

2,110,914

-

669,072

LANCASTER

-

-

773,606

LANESBOROUGH

498,078

-

311,424

LAWRENCE

114,763,770

190,699

16,928,453

LEE

1,482,316

-

575,965

LEICESTER

8,492,114

-

1,515,032

LENOX

1,073,673

72,146

476,164

LEOMINSTER

31,337,869

11,693

4,779,809

LEVERETT

217,431

-

153,710

LEXINGTON

4,895,754

-

1,392,955

LEYDEN

-

-

61,869

LINCOLN

458,937

292,012

415,099

LITTLETON

1,387,507

164,924

500,608

LONGMEADOW

3,385,200

-

1,182,253

LOWELL

107,855,929

6,340,746

17,476,479

LUDLOW

9,260,484

-

2,401,815

LUNENBURG

3,625,757

-

941,409

LYNN

98,025,489

9,477,523

12,851,766

LYNNFIELD

1,659,938

362,288

674,713

MALDEN

29,746,865

5,586,730

7,454,621

MANCHESTER

-

-

214,734

MANSFIELD

10,555,161

725,040

1,292,920

MARBLEHEAD

2,436,791

39,403

1,026,392

MARION

317,718

-

198,208

MARLBOROUGH

5,916,088

2,728,327

2,786,797

MARSHFIELD

11,635,063

202,756

1,832,675

MASHPEE

3,981,423

-

236,666

MATTAPOISETT

449,798

-

371,347

MAYNARD

2,145,808

586,886

1,004,037

MEDFIELD

4,034,179

744,614

760,033

MEDFORD

9,996,450

6,432,448

6,402,709

MEDWAY

6,153,863

187,002

897,832

MELROSE

5,012,390

2,704,187

2,786,945

MENDON

19,043

-

333,019

MERRIMAC

-

-

652,335

METHUEN

28,932,255

163,026

4,603,440

MIDDLEBOROUGH

14,891,489

-

2,152,990

MIDDLEFIELD

4,947

-

36,878

MIDDLETON

1,401,831

126,570

306,150

MILFORD

9,314,774

-

2,740,501

MILLBURY

5,796,003

-

1,550,680

MILLIS

1,821,686

320,940

708,699

MILLVILLE

18,901

-

299,243

MILTON

3,219,806

1,245,145

2,082,868

MONROE

83,276

13,927

6,377

MONSON

6,249,677

-

1,078,262

MONTAGUE

1,037

-

1,050,583

MONTEREY

-

12,538

31,187

MONTGOMERY

14,841

-

71,839

MOUNT WASHINGTON

19,108

33,286

2,817

NAHANT

364,640

125,393

265,399

NANTUCKET

775,218

-

66,534

NATICK

3,945,346

1,942,474

2,069,792

NEEDHAM

3,603,998

205,993

1,418,675

NEW ASHFORD

113,805

7,313

8,028

NEW BEDFORD

102,320,486

716,255

20,272,783

NEW BRAINTREE

-

-

96,712

NEW MARLBOROUGH

-

-

48,224

NEW SALEM

-

-

79,036

NEWBURY

-

-

397,117

NEWBURYPORT

2,793,820

1,380,057

1,360,628

NEWTON

9,115,550

1,377,012

4,428,398

NORFOLK

3,236,571

-

842,604

NORTH ADAMS

13,731,726

185,853

3,781,341

NORTH ANDOVER

3,911,440

120,549

1,635,892

NORTH ATTLEBOROUGH

17,562,102

-

2,538,546

NORTH BROOKFIELD

4,329,232

-

707,851

NORTH READING

3,268,872

945,499

921,054

NORTHAMPTON

6,425,910

577,922

3,460,946

NORTHBOROUGH

2,491,114

61,111

918,552

NORTHBRIDGE

12,161,767

3,071

1,985,075

NORTHFIELD

-

-

259,157

NORTON

11,306,913

-

1,794,549

NORWELL

1,815,262

541,079

584,616

NORWOOD

3,359,544

2,665,880

2,280,261

OAK BLUFFS

507,397

-

62,930

OAKHAM

56,660

-

146,533

ORANGE

4,875,842

2,115

1,393,773

ORLEANS

214,362

-

159,824

OTIS

75,547

-

25,525

OXFORD

8,155,445

-

1,848,802

PALMER

10,069,381

-

1,607,734

PAXTON

80,630

-

397,604

PEABODY

16,453,772

3,140,276

4,273,806

PELHAM

112,953

-

129,327

PEMBROKE

7,895,714

-

1,463,767

PEPPERELL

-

-

1,104,533

PERU

34,314

-

89,232

PETERSHAM

297,366

-

94,046

PHILLIPSTON

-

4,386

137,975

PITTSFIELD

27,293,742

880,284

6,708,257

PLAINFIELD

18,887

-

37,273

PLAINVILLE

2,334,300

-

655,201

PLYMOUTH

16,321,643

-

3,279,583

PLYMPTON

478,208

-

208,033

PRINCETON

-

-

259,175

PROVINCETOWN

247,301

22,181

124,552

QUINCY

12,132,223

11,567,002

9,033,749

RANDOLPH

10,240,371

1,825,854

3,311,003

RAYNHAM

-

-

964,956

READING

6,082,107

1,534,901

1,841,015

REHOBOTH

-

-

796,592

REVERE

23,784,526

5,334,444

5,316,611

RICHMOND

308,895

-

99,313

ROCHESTER

1,299,420

-

359,839

ROCKLAND

8,823,145

394,336

2,104,059

ROCKPORT

1,142,321

-

394,035

ROWE

42,445

-

3,692

ROWLEY

-

114,232

391,966

ROYALSTON

-

-

124,147

RUSSELL

97,558

-

192,357

RUTLAND

8,895

-

660,841

SALEM

10,290,730

3,298,731

3,582,967

SALISBURY

-

-

537,269

SANDISFIELD

-

-

25,694

SANDWICH

5,453,106

88,406

813,793

SAUGUS

3,382,514

1,784,087

1,999,340

SAVOY

456,622

13,801

85,489

SCITUATE

3,051,265

875,037

1,231,872

SEEKONK

2,931,775

-

1,057,967

SHARON

6,098,815

62,495

1,196,755

SHEFFIELD

7,405

11,938

190,069

SHELBURNE

-

-

224,115

SHERBORN

316,331

20,951

179,491

SHIRLEY

3,950,169

185,558

993,217

SHREWSBURY

11,948,701

298,861

2,110,492

SHUTESBURY

458,403

-

127,296

SOMERSET

2,553,323

-

1,240,942

SOMERVILLE

19,441,989

16,219,924

10,692,616

SOUTH HADLEY

5,184,111

20,214

2,189,688

SOUTHAMPTON

2,265,949

-

492,324

SOUTHBOROUGH

2,505,027

-

367,543

SOUTHBRIDGE

14,526,889

-

3,019,639

SOUTHWICK

-

-

937,706

SPENCER

209,021

-

1,789,359

SPRINGFIELD

215,963,643

1,829,496

28,974,118

STERLING

-

-

595,435

STOCKBRIDGE

-

-

93,460

STONEHAM

2,627,863

2,028,958

1,915,613

STOUGHTON

8,600,788

103,134

2,898,763

STOW

-

6,974

367,900

STURBRIDGE

1,039,058

-

650,667

SUDBURY

3,351,225

641,561

778,236

SUNDERLAND

833,349

-

402,993

SUTTON

4,670,098

-

661,909

SWAMPSCOTT

1,944,830

352,328

892,119

SWANSEA

3,973,381

-

1,650,958

TAUNTON

38,760,747

-

7,597,724

TEMPLETON

-

-

1,052,152

TEWKSBURY

11,697,015

-

2,540,701

TISBURY

284,186

-

91,244

TOLLAND

-

9,864

4,971

TOPSFIELD

583,120

253,284

369,587

TOWNSEND

-

-

1,007,487

TRURO

209,577

-

26,236

TYNGSBOROUGH

6,143,081

-

793,386

TYRINGHAM

29,274

-

11,431

UPTON

6,830

-

429,828

UXBRIDGE

8,869,122

-

1,239,204

WAKEFIELD

3,895,320

1,438,080

2,070,499

WALES

592,846

-

192,249

WALPOLE

4,314,774

883,775

1,661,399

WALTHAM

5,727,143

5,458,868

4,764,032

WARE

7,030,768

15,257

1,433,470

WAREHAM

11,089,212

-

1,824,735

WARREN

236,226

-

613,802

WARWICK

-

28,890

70,313

WASHINGTON

16,679

23,752

58,939

WATERTOWN

2,375,554

4,427,251

2,675,788

WAYLAND

2,290,575

280,373

611,716

WEBSTER

6,923,221

62,006

2,079,811

WELLESLEY

2,949,947

96,838

1,163,702

WELLFLEET

116,462

-

54,888

WENDELL

-

25,534

109,541

WENHAM

-

139,794

285,763

WEST BOYLSTON

2,552,355

67,754

595,198

WEST BRIDGEWATER

1,570,286

47,212

552,344

WEST BROOKFIELD

118,149

-

392,097

WEST NEWBURY

-

-

251,169

WEST SPRINGFIELD

13,246,420

-

2,851,691

WEST STOCKBRIDGE

-

-

91,587

WEST TISBURY

-

182,434

30,556

WESTBOROUGH

2,592,041

145,058

859,807

WESTFIELD

29,328,636

-

5,085,250

WESTFORD

11,057,152

895,514

1,196,145

WESTHAMPTON

278,415

-

118,799

WESTMINSTER

-

-

538,162

WESTON

1,367,350

-

346,827

WESTPORT

3,945,860

-

1,124,879

WESTWOOD

2,108,502

36,263

635,077

WEYMOUTH

19,167,340

2,424,084

6,423,581

WHATELY

124,453

-

106,535

WHITMAN

86,602

-

1,926,372

WILBRAHAM

-

-

1,077,658

WILLIAMSBURG

350,234

-

271,186

WILLIAMSTOWN

880,910

-

835,190

WILMINGTON

3,307,933

1,254,452

1,245,458

WINCHENDON

9,655,922

25,366

1,367,138

WINCHESTER

2,953,621

344,404

1,124,847

WINDSOR

18,887

28,020

54,390

WINTHROP

4,933,195

2,287,531

2,248,669

WOBURN

4,502,553

3,586,952

2,809,553

WORCESTER

158,061,451

11,809,090

26,953,316

WORTHINGTON

69,258

-

94,935

WRENTHAM

3,386,805

-

846,314

YARMOUTH

-

-

1,075,298

Total Aid to Regional Schools

510,728,757

Total

3,186,162,654

378,517,988

661,378,162


Regional School District 7061-0008
Chapter 70

ACTON BOXBOROUGH

2,896,675

ADAMS CHESHIRE

9,590,090

AMHERST PELHAM

9,244,885

ASHBURNHAM WESTMINSTER

8,787,951

ASSABET VALLEY

2,441,550

ATHOL ROYALSTON

16,238,378

BERKSHIRE HILLS

2,614,817

BERLIN BOYLSTON

770,332

BLACKSTONE MILLVILLE

10,270,844

BLACKSTONE VALLEY

4,671,602

BLUE HILLS

3,035,559

BRIDGEWATER RAYNHAM

19,011,812

BRISTOL COUNTY

1,183,884

BRISTOL PLYMOUTH

6,126,636

CAPE COD

1,776,571

CENTRAL BERKSHIRE

7,636,182

CHESTERFIELD GOSHEN

638,591

CONCORD CARLISLE

1,417,979

DENNIS YARMOUTH

6,120,344

DIGHTON REHOBOTH

11,003,204

DOVER SHERBORN

1,138,654

DUDLEY CHARLTON

20,874,073

ESSEX COUNTY

3,664,972

FARMINGTON RIVER

360,806

FRANKLIN COUNTY

2,407,670

FREETOWN LAKEVILLE

6,365,955

FRONTIER

2,613,407

GATEWAY

5,644,248

GILL MONTAGUE

5,837,026

GREATER FALL RIVER

11,246,848

GREATER LAWRENCE

15,820,969

GREATER LOWELL

15,851,146

GREATER NEW BEDFORD

17,331,252

GROTON DUNSTABLE

9,553,130

HAMILTON WENHAM

3,061,591

HAMPDEN WILBRAHAM

9,400,100

HAMPSHIRE

2,383,522

HAWLEMONT

606,785

KING PHILIP

5,913,626

LINCOLN SUDBURY

1,711,978

MANCHESTER ESSEX

1,317,284

MARTHAS VINEYARD

2,631,535

MASCONOMET

4,378,624

MENDON UPTON

8,768,548

MINUTEMAN

2,052,550

MOHAWK TRAIL

5,904,434

MONTACHUSETT

7,837,532

MOUNT GREYLOCK

1,635,600

NARRAGANSETT

8,338,309

NASHOBA

5,181,573

NASHOBA VALLEY

1,908,915

NAUSET

3,122,423

NEW SALEM WENDELL

595,315

NORFOLK COUNTY

594,178

NORTH MIDDLESEX

18,837,421

NORTH SHORE

1,419,956

NORTHAMPTON SMITH

732,334

NORTHBORO SOUTHBORO

1,637,110

NORTHEAST METROPOLITAN

5,201,971

NORTHERN BERKSHIRE

3,190,923

OLD COLONY

2,524,441

OLD ROCHESTER

1,469,860

PATHFINDER

2,565,176

PENTUCKET

12,199,790

PIONEER

3,808,395

QUABBIN

15,119,489

QUABOAG

7,260,044

RALPH C MAHAR

4,324,323

SHAWSHEEN VALLEY

3,074,457

SILVER LAKE

5,606,085

SOUTH MIDDLESEX

2,131,644

SOUTH SHORE

1,688,428

SOUTHEASTERN

8,867,856

SOUTHERN BERKSHIRE

1,687,824

SOUTHERN WORCESTER

5,182,584

SOUTHWICK TOLLAND

6,978,429

SPENCER EAST BROOKFIELD

12,413,377

TANTASQUA

6,695,256

TRI COUNTY

3,406,264

TRITON

7,625,408

UPISLAND

767,074

UPPER CAPE COD

2,560,503

WACHUSETT

14,234,516

WHITMAN HANSON

21,130,837

WHITTIER

4,854,517

Regional Total

510,728,757

SECTION 4. Section 39 of chapter 3 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition of "Authority" the following definition:-

"Client", an individual or business entity that contracts with another individual or business entity to receive lobbyist services.

SECTION 5. Said section 39 of said chapter 3, as so appearing, is hereby further amended by inserting after the definition of "Legislative agent" the following definition:-

"Lobbyist entity", an entity providing lobbyist services, consisting of at least 1 legislative or executive agent, including foreign or domestic corporation, association, sole proprietor, partnership, limited liability partnership or company, joint stock company, joint venture or any other similar business formation.

SECTION 6. Section 40 of said chapter 3 is hereby repealed.

SECTION 7. Said chapter 3 is hereby further amended by striking out section 41, as amended by section 3 of chapter 140 of the acts of 2003, and inserting in place the following section:-

Section 41. The state secretary shall keep a docket which may be in the form of an electronic database. All information required to be filed under this section shall be organized into the docket and shall be open and accessible for public inspection during normal business hours.

Each legislative agent, executive agent and lobbyist entity shall file an annual registration statement with the state secretary on forms prescribed and provided by the state secretary. The annual registration shall be completed not later than December 15 of this year preceding the registration year.

A client retaining the services of a legislative agent, executive agent or lobbyist entity shall also file an annual registration statement with the state secretary on forms prescribed and provided by the state secretary. The annual registration shall be completed not later than December 15 of the year preceding the registration year.

A client or lobbyist entity hiring, employing or agreeing to employ a lobbyist entity, legislative agent or executive agent after January 1 of the registration year shall, within 10 days after such employment or agreement, cause the name of the lobbyist entity, legislative agent or executive agent to be registered with the state secretary as provided in this section. Notice of termination of such employment shall also be filed promptly with the state secretary by the client or lobbyist entity.

The state secretary shall assess each lobbyist entity an annual filing fee of $1,000 to register the entity on the docket. The state secretary shall assess each legislative agent and executive agent an annual filing fee of $100 upon entering the agent's name on the docket. The state secretary shall assess each client an annual filing fee of $100 for each lobbyist entity hired by them upon entering the name upon the docket. The state secretary may, in his discretion and upon written request, waive the filing fees not a not-for-profit client or a lobbyist entity which registers to exclusively represent not-for-profit clients.

Upon registration, the state secretary shall issue to each legislative agent and executive agent, a nontransferable identification card that shall include the person's name and photograph. Out-of-state legislative agents and executive agents shall submit 3 passport-sized photographs to the state secretary upon registration.

SECTION 8. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after subclause (n) the following 2 subclauses:-

(o) the home address and home telephone number of an employee of the judicial branch, an unelected employee of the general court, an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of a political subdivision thereof or of an authority established by the general court to serve a public purpose, in the custody of a government agency which maintains records identifying persons as falling within those categories; provided that the information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180, or a criminal justice agency as defined in section 167 of chapter 6.

(p) the name, home address and home telephone number of a family member of a commonwealth employee, contained in a record in the custody of a government agency which maintains records identifying persons as falling within the categories listed in subclause (o).

SECTION 9. Section 79 of chapter 6 of the General Laws, as so appearing, is hereby amended by inserting before the word "it", in line 36, the following words:- in conjunction with the executive office of health and human services,.

SECTION 10. Section 135 of said chapter 6 is hereby amended by striking out the last paragraph, added by section 7 of chapter 26 of the acts of 2003.

SECTION 11. Section 136 of said chapter 6 is hereby amended by striking out the last paragraph, added by section 8 of said chapter 26.

SECTION 12. Said chapter 6 of the General Laws, as amended by section 1 of chapter 46 of the acts of 2003, is hereby further amended by striking out section 172A and inserting in place thereof the following section:-

Section 172A. The criminal history systems board shall assess a fee of $30 for each request for criminal offender record information. A fee shall not be assessed for a request from a victim of a crime, a witness or a family member of a homicide victim, all as defined in section 1 of chapter 258B, from a governmental agency, or from such other persons as the board shall exempt. Certified agencies that provide services to the elderly, children, victims of crime, medically infirm persons, or the physically or mentally challenged shall be assessed a fee of $5 in addition to the agency's fee rate on June 30, 2003, unless exempted by the board. The criminal history systems board shall assess a fee of $25 for each request for criminal offender record information from an individual seeking to obtain criminal offender record information pertaining to himself; provided, however, that if a person shall be found indigent, as defined in section 27A of chapter 261, the board shall not impose a fee. All such fees shall be deposited into the General Fund, excluding a nominal processing fee for online e-payments.

SECTION 13. (a) The purpose and intent of this section is to enhance available notification procedures to warn members of the general public of the likelihood they will encounter a level 3 sex offender in the community by allowing police departments to post certain information about such offenders on the internet as part of level 3 community notification plans, which the general court hereby finds to serve a substantial public safety interest.

(b) Section 178K of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the word "however,", in line 152, and inserting in place thereof the following words:- that such active dissemination may include publication of such information on the internet by the police department at such time and in such manner as the police or the board deem reasonably necessary; and provided further,.

SECTION 14. Said chapter 6 is hereby further amended by inserting after section 184, as so appearing, the following section:-

Section 184A. There shall be in the executive office of public safety a forensic sciences advisory board, hereinafter called the board, which shall advise the secretary on all aspects of the administration and delivery of criminal forensic sciences in the commonwealth. The board shall consist of the undersecretary of public safety for forensic sciences, who shall also serve as chairperson of the board, the attorney general, the colonel of the state police, the president of the Massachusetts Chiefs of Police Association, the president of the Massachusetts Urban Chiefs Association, the president of the Massachusetts District Attorney's Association, a district attorney designated by the Massachusetts District Attorney's Association and the commissioner of the department of public health or their respective designees. The members shall serve without compensation. The board shall meet no less than quarterly and as otherwise convened by the undersecretary. The board shall coordinate its responsibilities with the medico-legal investigation commission and shall not infringe upon the commission's authority as established in section 184 of this chapter.

At the direction of the board, the undersecretary for forensic sciences shall advise the board on the administration and delivery of forensic services in the commonwealth. The undersecretary shall include in his report information as the board requests, including but not limited to the volume of forensic services required for each county, including costs and the length of time from submission for testing or procedures and return of results; the capacity of the commonwealth's forensic services and funding requirements; the accreditation of forensic facilities and training of personnel; facilities expansion, including location and funding for a new state police crime lab; and partnerships with other public and private forensic services. The undersecretary shall make recommendations for the allocation of resources and expansion of services, and on an annual basis, submit budget recommendations to the secretary of public safety and the board.

The Governor returned with recommendation of amendment
SECTION 15.
Chapter 6A of the General Laws is hereby amended by inserting after section 16B, as so appearing, the following section:-

Section 16B 1/2. (a) Notwithstanding any general or special law to the contrary, the secretary of the executive office of health and human services, in consultation with the secretary of administration and finance and the secretary of public safety shall develop a coordinated, aggregate prescription drug procurement plan to manage and administer the disbursement, payment and reimbursement of prescription drugs, including claims processing, adjudication and client services for all pharmacy benefit plans funded or subsidized, in whole or in part by the commonwealth. The aggregate procurement plan shall separately manage any and all benefits, rules and functions regarding drug utilization and cost for programs subject to Section 1927(a)(1) of the Social Security Act, Title XIX. This plan shall maximize cost savings, efficiencies, enhance affordable access to prescriptions and be designed to improve health outcomes, benefits and coverage in said pharmacy benefit plans.

(b) Notwithstanding any general or special law to the contrary, as part of the aggregate procurement plan, the secretary shall seek competitive bids from third party pharmacy benefits managers who are interested in providing procurement services to the commonwealth. The secretary shall consider those pharmacy benefits managers with experience in the administration of publicly-funded health benefit plans and who are qualified to assess and manage the clinical efficacy and cost effectiveness of the pharmacy benefit plans on behalf of the commonwealth. Nothing in this section shall preclude a not-for-profit entity from participating in the competitive bid process; provided, that during such competitive bid process, a not-for-profit pharmacy benefit manager shall demonstrate the capacity to provide the same level of service quality, assessment and ability to manage the clinical efficacy and cost effectiveness of the administration of such aggregate procurement plan as that of a for-profit pharmacy benefit manager, provided further, that the secretary may establish an inter-governmental service agreement between or among agencies of the commonwealth for the provision of pharmacy benefit management services if said not-for-profit pharmacy benefit manager is selected for the provision of such services; and provided further, that the secretary may request the aggregate pharmacy benefit manager plan to disclose information regarding its marketing practices.

(c) A contract currently in existence with any agency or pharmacy benefits management company shall not be renewed or extended in a manner inconsistent with this section, but, a contract in existence with any agency or pharmacy benefits management company shall not be terminated before its expiration date if the termination would cause substantial financial cost or service interruption to the commonwealth.

(d) The secretary shall ensure that the aggregate procurement plan employs clinically-based tools to maximize cost savings, efficiencies, affordability, and to improve health outcomes and access to pharmacy benefits and coverage and effectively manage the pharmacy plans of the commonwealth.

(e) The secretary shall implement the aggregate procurement plan not later than November 5, 2004 and shall submit, on April 15 of each year, a report detailing the coordinated aggregate or bulk purchasing arrangement results for the previous year to the house and senate clerks, the chairpersons of the house and senate committees on ways and means and the chairs of the joint committee on healthcare. The report shall include, but not be limited to, a review of the aggregate procurement plan's achievement relative to:

(1) cost savings achieved during the previous fiscal year; (2) administrative costs relating to the management of the program for the previous fiscal year; (3) any recommendations for enhancing the benefits provided by each plan, savings costs, reducing inefficiencies and improving access and quality; and, (4) a cost-benefit analysis of the inclusion of other governmental entities, including but not limited to county, municipal and quasi-governmental entities within the aggregate pharmaceutical procurement plan.

SECTION 16. Section 16G of said chapter 6A, as appearing in section 550 of chapter 26 of the acts of 2003, is hereby amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 subsections:-

(d) The following state agencies shall be within the department of labor: the division of industrial accidents, the division of conciliation and arbitration, the labor relations commission, the joint labor-management committee, and the division of occupational safety.

(e) The following state agencies and funds shall be within the department of workforce development: the one stop career centers, the state workforce investment board, the division of apprentice training, the commonwealth corporation, the workforce training fund, and the division of unemployment assistance. The division of unemployment assistance shall include the medical security trust fund and the unemployment insurance trust fund.

The Governor disapproved this section.
SECTION 17.
Said chapter 6A is hereby further amended by inserting after section 16G, as so appearing, the following section:-

Section 16H. The secretary of health and human services shall convene interagency children's services teams to establish effective means of collaboration among and between human service agencies 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 human service agencies over the delivery of services to a child or when the services are not being provided to a child. For purposes of this section, "agency" shall mean a 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. The 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 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 within the executive office of health and human services which in the opinion of the secretary has a mission relevant to the child's needs, the legal obligations and budgetary capacity to ensure delivery of appropriate and needed human services to a child.

The interagency teams shall review the cases on a local or regional basis; seek to identify the assessments and services that might be provided to a family by agencies within the executive office of health and human services; provide opportunities to receive testimony and evidence from the child, the child's family, or the representative of the child or family as to the type of services or placements they feel would best serve their child's needs, and the types of services or placements they would not accept; provide opportunities to receive testimony and evidence from the representative or other employee of an agency; designate an agency to act as a lead agency for the purpose of service coordination with a detailed plan developed by the interagency team for collaboration between multiple agencies which takes into account the available resources in each agency; and, if necessary, designate an agency to provide or contract for such services; and direct the designated agency to accept responsibility for the child and provide or contract for the services.

Students may be referred to the local or regional interagency team by a parent, guardian, surrogate parent, other service provider of the child, educational advocate or legal advocate representing the child, who have been rejected for services by multiple agencies of the commonwealth, or by agencies or departments within the executive office of health and human services which have been unable to agree on proper jurisdiction and fiscal responsibilities. Written consent of the parent or guardian shall be required before said child is subject to this section and before any sharing of information concerning a child. All federal and state laws and regulations regarding consent, confidentiality, and privilege shall apply. The parent, guardian, surrogate parent, educational advocate or legal advocate of a child shall be provided notice in their primary language of their rights pursuant to this section, including notice of any referral by agencies within the jurisdiction of the executive office of health and human services, the requirement for parental consent to the release of 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 the child.

The interagency teams shall have full access to, and the agencies shall provide all information relevant to the cases if the 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 a member thereof and a member of the interagency team shall not disseminate confidential information to another individual or entity.

The interagency team shall keep a written record 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, and further recommendations and the membership of the team. The parents and all relevant agencies shall be promptly informed of the results of the interagency team's work. Upon written request, a parent, legal guardian, surrogate parent and educational advocate and legal advocate of a student shall have the right to review and obtain access to, copies of the written record maintained by the interagency team. The written record maintained by the interagency team shall be kept by the secretary, shall be kept confidential and shall not be disseminated by a 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 the parent, legal guardian, or educational surrogate of the child shall retain all applicable rights to consent or not to consent to an offered service that might be offered or recommended by the interagency team. Nothing herein shall be construed to require presentation of an 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 or multiple agencies in collaboration to provide appropriate and needed services to the child, provided, that the agency or agencies are authorized by statute or regulation to provide such services, and funding exists to pay for said services. 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 the decision of the interagency team is reasonable and within the jurisdiction of the designated agency, he shall direct the 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; provided, that the agency or agencies are authorized by statute or regulation to provide such services, and funding exists to pay for said services.

The secretary shall promulgate 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 30 working days. The 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 18, or under the age of 22 if the person is disabled or has special needs.

The secretary shall issue an annual report no later than February 1 of each year summarizing the activities of the teams during the preceding fiscal year. Said report shall be filed with the house and senate clerks, the chairs of the house and senate ways and means committees, and the house and senate chairs of the joint committee on human services and elder affairs.

SECTION 18. Said chapter 6A is hereby further amended by striking out section 18 1/2, as amended by section 22 of chapter 26 of the acts of 2003 and inserting in place thereof the following section:-

Section 18 1/2. The secretary shall, subject to section 3, appoint 4 undersecretaries. Each person appointed as an undersecretary shall have experience and shall know the field or functions of such position, shall receive such salary as the secretary shall determine and shall devote his full time to the duties of the office.

One undersecretary shall be the undersecretary for law enforcement and administration and shall oversee the functions and administration of the following boards and agencies: the department of state police, the department of inspection and regulation, the emergency telecommunications board, the criminal history systems board, the automated fingerprinting identification system, the municipal police training committee, the committee on criminal justice, the registry of motor vehicles, the merit rating board, the governor's council on highway safety, the division of inspection and the architectural access board.

One undersecretary shall be the undersecretary of criminal justice and shall oversee the functions and administration of the following boards and agencies: the sex offender registry board, the department of corrections, including the parole board and all other agencies within said department.

One undersecretary shall be the undersecretary of homeland security and shall oversee the functions and administration of the following boards and agencies: the emergency management agency, the department of fire services, the military department and the nuclear safety department.

One undersecretary shall be the undersecretary for forensic sciences. The undersecretary shall work in conjunction with law enforcement authorities and shall coordinate all forensic science resources, appropriations and grants; shall oversee the functions and administration of the office of the chief medical examiner, the state police crime laboratory and such other forensic entities as the secretary shall assign from time to time; and shall convene the forensic science advisory board consistent with the duties set forth in section 184A of chapter 6.

Each undersecretary shall coordinate the functions and the programs of the agencies as directed by the secretary. Each undersecretary shall conduct studies of the operations of each agency and work with each agency in effecting procedures and programs which promote efficiency and improvements in the administration of the agency. Each undersecretary shall assist the secretary in reviewing and acting upon budgetary and other financial matters concerning those agencies in accordance with sections 2C, 3, 3A, 4, 9B and 29 of chapter 29.

SECTION 19. Said chapter 6A is hereby further amended by striking out section 18H, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:-

Section 18H 1/2. (a) The department of telecommunications and energy shall promulgate rules providing for the recovery by telecommunications companies of expenses that have been, are, or will be, until December 31, 2007, incurred that are associated with the services pursuant to sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166. With respect to any deficit incurred by the telephone companies before the effective date of this section, the department of telecommunications and energy shall determine the portion of directory assistance revenues that will be used to offset that deficit, including any interest the department may determine should be applied. The rules shall provide for the funding of the prudently incurred expenses by means of a charge on each voice grade exchange telephone line of business and residence customers within the commonwealth; but the surcharge applicable to centrex service shall be based on an equivalency provided to each private branch exchange trunk. In the development of the charge, all telephone companies shall submit to the department historical data verifying their participation in the statutory funding mechanism. The department of telecommunications and energy shall annually report to the general court concerning the financial condition of the fund and shall address in the report the reasonableness of the capital expenditures and related expenses of the statewide emergency telecommunications board incurred in complying with said sections 14A and 15E of said chapter 166.

(b) Each telecommunication company shall remit the surcharge revenues collected from its subscribers to the state treasurer for deposit in the Wireline Enhanced 911 Fund established in section 35W 1/2 of chapter 10. The surcharge revenues shall be used by the board for the recovery by the board and telecommunications companies of expenses that have been, are or will be incurred in complying with sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 20.
Section 4A of chapter 7 of the General Laws, as so appearing, is hereby amended by adding the following 4 paragraphs:-

In the event a new governmental mandate effective on or after July 1, 2004 is imposed upon a contractor providing a social service program, as defined in section 274 of chapter 110 of the acts of 1993, to a governmental unit, as defined in said section 274 of said chapter 110, and compliance with such governmental mandate has or will have a material adverse financial impact on the contractor, except a contractor for goods or services related to special education as defined in section 1 of chapter 71B, the governmental unit shall negotiate a contract amendment with the contractor to increase the maximum obligation amount or unit price to offset the material adverse financial impact of the new governmental mandate; provided, that the contractor furnishes substantial evidence to the governmental unit of such material adverse financial impact along with a request to renegotiate based on a new governmental mandate.

For the purposes of this section, a "new governmental mandate" shall mean a statutory requirement, administrative rule, regulation, assessment, executive order, judicial order or other governmental requirement that was not in effect when the contract was originally entered into and directly or indirectly imposes an obligation upon the contractor to take any action or to refrain from taking any action in order to fulfill its contractual duties.

For the purposes of this section, a "material adverse financial impact" shall mean: (1) an increase in the reasonable costs to the contractor in performing the contract of the lesser of: (i) 3 per cent of the maximum obligation amount or unit price of the contract; or (ii) $5,000, in the aggregate as a result of all such mandates in effect during the contract year; or (2) an action that affects the core purpose and primary intent of the contract.

Any contractor aggrieved by a decision of a governmental unit denying or failing to negotiate a contract amendment to remedy a material adverse impact of a new governmental mandate pursuant to this section may appeal such adverse decision to the division of administrative law appeals in accordance with the section 4H for a hearing and decision de novo on all issues. A contractor's request for contract amendment shall, for purposes of appeal, be deemed to have been denied if a determination is not received within 30 days of the governmental unit's receipt of the request. A contractor or governmental unit may appeal an adverse decision of the division of administrative law appeals to the superior court, Suffolk division, pursuant to chapter 30A.

The Governor disapproved this section.
SECTION 21.
The first paragraph of section 54 of said chapter 7, as so appearing, is hereby amended by inserting after paragraph (1) the following paragraph:-

(1A) The agency shall prepare a written statement that the services proposed to be the subject of the privatization contract shall not be provided by labor based or employed outside of the United States. No agency shall make a privatization contract and no such contract shall be valid if the services provided are from labor based or employed outside the United States.

SECTION 22. Chapter 8 of the General Laws is hereby amended by striking out section 9, as amended by section 32 of chapter 26 of the acts of 2003, and inserting in its place the following section:-

Section 9. The superintendent shall have charge of the care and operation of the state house, subject to rules as the committee on rules of the 2 branches acting concurrently may adopt, the John W. McCormack state office building, the Leverett Saltonstall state office building, the Springfield office building, the Pittsfield office building, the Erich Lindemann building, the Charles F. Hurley building and all state parking areas related thereto, and any other state properties designated by law, to be the responsibility of the superintendent of state office buildings, and shall see that the chambers and lobbies of the general court and of its committees are kept clean and in good order; shall superintend all ordinary repairs thereof and shall have charge of the current expenses for the care and preservation of the state house, and for the ordinary repairs of the furniture and fixtures therein. He shall take proper precautions against damage thereto, or to the furniture, fixtures or other public property therein; provided, however, that security in the state house shall be the responsibility of the director of the division of urban parks and recreation in consultation and coordination with the speaker of the house of representatives and the president of the senate. The director shall utilize the members of the urban park rangers program, established pursuant to section 34B of chapter 92, to maintain security; provided, however, that the commissioner shall carry out the responsibility subject to rules as the committee on rules of the 2 branches acting concurrently may adopt and shall not be subject to the authority of the superintendent. There shall be maintained an adequate passageway for foot passengers from north to south through the east wing or extension of the state house, to be kept open during the hours as the superintendent shall fix. The state house and all facilities located therein, including hearing rooms, shall be accessible to, functional for and safe for use by physically handicapped persons; provided further that the state shall make available a certain number of designated handicapped parking spaces for the general public; provided, however, that no construction required for the accessibility, functionality and safety shall commence until the superintendent of state buildings has completed the study required in section 2.

SECTION 23. Chapter 10 of the General Laws is hereby amended by striking out section 28, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:-

Section 28. The right of any person to a prize drawn is not assignable except under the following limited circumstances:

(1) Payment of any prize drawn may be paid to the estate of a deceased prize winner or to the IV-D agency under chapter 119A.

(2) Payment of any prize drawn may be made to any person under an appropriate judicial order.

(3) The commission may, by regulations adopted under section 24, permit assignment of prizes for purposes of paying estate and inheritance taxes, or to a trust the beneficiaries of which are the prize winner, his mother, father, children, grandchildren, brothers, sisters or spouse.

(4) Payment of any prize drawn may be made to a person under a voluntary assignment of the right to receive future prize payments, in whole or in part, if the assignment is made to a person or entity named as the assignee in an appropriate judicial order of a court of competent jurisdiction, which shall be the superior court sitting within and for the county in which the commission is situated or in which the assignor resides. Under this paragraph, a court may issue an order approving a voluntary assignment and directing the commission to make prize payments in whole or in part to the designated assignee, if the court finds that all of the following conditions have been met:

(A) the assignment is in writing, executed by the assignor and, by its terms, subject to the laws of the commonwealth;

(B) the court finds that the assignor:

(i) is of sound mind and not acting under duress,

(ii) has been advised regarding the assignment by his independent legal counsel and independent certified financial planner; for purposes of this clause, "independent" shall mean unrelated to, unassociated with, and not compensated by the assignee or the assignee's affiliates;

(iii) irrevocably agrees that he is subject to state income tax with respect to a gain or income which the assignor will recognize in connection with the transfer or assignment; and

(iv) understands and agrees that with regard to the assigned payments, the commonwealth, the commission, and the director shall have no further liability or responsibility to make said payments to the assignor.

(v) In making the findings under clauses (i), (ii), (iii), and (iv), absent a showing of special circumstances or hardship, the court shall require the personal appearance and in-court affirmation of the assignor. For purposes of this section, "special circumstances or hardship" shall mean the assignor resides outside of the commonwealth or a health or other condition makes a court appearance unduly costly, dangerous, or burdensome, in which case the court may, in its discretion, take evidence by way of telephonic testimony, video deposition, or written affidavit.

(C) at the time he executed the assignment contract, the assignor was provided with a written disclosure statement setting forth, in bold type of not less than 14 points, the payments being assigned, by amounts and payment dates; the purchase price being paid; the rate of discount to present value, assuming daily compounding and funding on the contract date; and the amount, if any, of closing, administrative or other fees or charges that will be charged to him; but, the disclosure statement shall be in a form approved by the commission.

(D) the assignor was advised in writing, at the time he signed the assignment contract, that he had the right to cancel the contract, without any further obligation, within 10 calendar days following the date the contract was executed, upon return of any payment received in consideration for the contract.

(E) the assignment contract shall provide that delinquent child support obligations of the assignor and debts owed to a state agency by the assignor, as of the date of the court order, shall be paid in full, at closing.

(F) if the court determines at the time of the hearing set forth in subparagraph (B) that the assignment is not in compliance then the court shall have discretion to void the assignment without recourse or obligation to the proposed assignor or assignee.

(5) In the case of a voluntary assignment for consideration made under a judicial order pursuant to paragraph (4), the assignee shall withhold 5.3 per cent of the purchase price and pay that withheld amount to the commonwealth as state income tax withholding to credit the account of the assignor, within 10 days of closing the assignment transaction.

(6) In the case of a voluntary assignment for consideration made under paragraph (4), delinquent child support obligations of the assignor and debts owed to a state agency by the assignor that are not paid in full, at closing of the assignment contract shall be offset by the commission first against remaining payments or portions thereof due the prize winner and then against payments due the assignee.

(7) The commonwealth, the commission, the director, and the agents and employees of the commission shall be discharged of all further liability upon payment of a prize in full to the parties identified in a court order entered under paragraph (4), less any amount offset under paragraph (6).

(8) Soliciting to buy or offering to sell rights to lottery prize winnings, either by assignment or through pledge as collateral for a loan, shall not be deemed selling or offering for sale lottery tickets or shares under this chapter.

(9) The director may establish a reasonable fee, payable by the assignee, to defray administrative expenses associated with assignments made under this section, including the cost to the commonwealth of a processing fee that may be imposed by a private annuity provider. The fee amount shall reflect the direct and indirect costs to the commonwealth associated with processing the assignments and shall be no greater than $1,000 per transaction.

(10) Written notice of a proposed assignment under paragraph (4) and a court hearing concerning the proposed assignment shall be provided to the commission at least 10 days before a court hearing. The commission is not required to appear in or be named as a party to the action seeking judicial confirmation of an assignment under this section, but may intervene as of right in the proceeding. A certified copy of a court order approving a voluntary assignment shall be provided to the commission not later than 14 days before the date on which the payment is to be made.

(11) Nothing in this chapter shall exempt an assignee or person acting as broker, agent, or intermediary for an assignee, from the licensure requirement and other rules and restrictions imposed under section 96 of chapter 140.

(12) A court order obtained under paragraph (4), together with any other order issued in connection with any 1 prize drawn, shall not require the commission to divide payments among more than 3 different persons or entities.

(13) No business entity may seek or obtain an order approving a voluntary assignment of lottery prize payments under this section unless and until the business entity has first filed a written disclosure and registration statement with the state lottery and paid the registration fee specified in clause (iv) of this paragraph. The disclosure and registration statement shall list and disclose, under penalty of perjury under the laws of the commonwealth, the following:

(i) the registrant's name, mailing address, and telephone number;

(ii) the name and address of the registrant's agent for service of process in the commonwealth;

(iii) claims by a lottery winner, a state lottery, a consumer protection agency or a state, federal, or local prosecutor or enforcement agency against the registrant or its affiliates in a state or federal court within the past 5 years, and the status and disposition of the claims;

(iv) the registrant's privacy, "do-not-call" and non-harassment policies.

The registration and disclosure shall be accompanied by a non-refundable fee in the amount of $2,500 payable to the commission by the registrant. All registrations and disclosures shall be maintained on file with the commission and shall be made available to a member of the public upon request.

(14) An assignment in violation of this section shall be invalid. The commonwealth, the commission, the director, and the agents and employees of the commission shall not be liable to make payments pursuant to an invalid assignment.

(15) This section shall prevail over section 9-405 of chapter 106.

SECTION 24. Said chapter 10 is hereby amended by inserting after section 35W, as so appearing, the following section:-

Section 35W 1/2.There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Wireline Enhanced 911 Fund. There shall be credited to the fund revenues received by the commonwealth from surcharges imposed under section 18H 1/2 of chapter 6A; from appropriations; from gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government, and any individual foundation, corporation, association or public authority; revenue derived from the investment of amounts credited to the fund; and federal funds made available for emergency telecommunication services. The fund shall be used solely for the purposes described in said section 18H 1/2 of said chapter 6A. Amounts credited to the fund shall be available for expenditure by the statewide telecommunications board, without further appropriation.

SECTION 25. Said chapter 10 is hereby further amended by adding the following section:-

Section 35Z.There is hereby established a separate fund to be known as the Counsel for Indigent Salary Enhancement Trust Fund. There shall be credited to said fund all revenues collected pursuant to an initial filing fee of $15 for any private application for a criminal complaint for a misdemeanor by any party, not being a law enforcement officer or prosecutor, in any court of the commonwealth, from grants, gifts, contributions from any entity public or private and any revenue derived from the investment of amounts credited to said fund. The chief counsel for the committee for public counsel services shall expend funds, without further appropriation, solely for hourly rate enhancements for private bar advocates for the indigent. No expenditures from said fund shall cause said fund to be in deficiency at the end of a fiscal year. The chief justice for administration and management, in consultation with the comptroller and the chief counsel for the committee for public counsel services, shall report monthly to the house and senate committees on ways and means on the status of the fund. In the event that the chief justice for administration and management, in consultation with the chief counsel for the committee for public counsel services determines that the receipts for that fiscal year will be insufficient to pay hourly rate enhancements previously authorized, said chief counsel shall adjust hourly rate enhancements to ensure that the trust fund will have a positive balance at the end of the fiscal year.

On October 15 of each year the chief justice for administration and management, in consultation with the comptroller, shall certify and report to the house and senate committees on ways and means and the chief counsel for the committee for public counsel services the amount of trust fund receipts for the first quarter of the fiscal year and shall estimate total receipts for the fiscal year. No funds shall be expended from the trust before to the submission of said report. Upon receipt of the report, the chief counsel for the committee for public counsel services shall determine the hourly rate enhancement to be paid for that fiscal year, including retroactive payments for hours billed on or after July 1 of that fiscal year. Not more than $12,000,000 shall be expended from the trust fund in any fiscal year. Hourly rate enhancements funded from this trust shall not be construed as a funding obligation in the general appropriation act or supplemental appropriation acts. Any amounts received in excess of $12,000,000 in any fiscal year shall be credited to the General Fund.

SECTION 26. Said chapter 10 is hereby further amended by inserting after section 35Z, added by section 25 of this act, the following section:-

Section 35AA.There shall be established and set up on the books of the commonwealth a separate fund to be known as the Smart Growth Housing Trust Fund to be used, without appropriation, by the department of housing and community development for the purpose of making payments to communities under section 10 of chapter 40R. Available revenues from the sale of state surplus lands, as provided for in law, appropriations from the General Fund and monetary sanctions imposed by the department of housing and community development under subsection (c) of section 7 of said chapter 40R shall be deposited into the trust fund. All monies deposited into the fund shall be expended exclusively for the purpose set forth in this section. No expenditure from said fund shall cause said fund to be in deficiency at the close of a fiscal year.

SECTION 27. Said chapter 10, as most recently amended by section 48 of chapter 26 of the acts of 2003, is hereby further amended by adding the following section:

Section 73.(a) There is hereby established a Water Supply Protection Pilot Program to be administered by and through a separate trust to be known as the Water Supply Protection Trust. Monies in said trust shall be deposited with the state treasurer in such manner as will secure the highest interest rate available consistent with safety of the trust and with the requirement that all amounts on deposit be available for immediate use.

(b)There shall be a board of trustees of the trust, which shall consist of the executive director of the Massachusetts water resources authority, the secretary of the executive office of environmental affairs or his appointee, a member appointed by the speaker of the house, a member appointed by the president of the senate, and a member jointly selected by the North Worcester County Quabbin Anglers and the Quabbin Fishermen's Association.

(c)The board of trustees shall meet on or before October 1, 2004 and at least quarterly thereafter, and shall serve without compensation. For purposes of board of trustee meetings and voting, a quorum shall be comprised of 3 of the board members. The board of trustees shall choose a chairperson by majority vote and shall make all decisions by majority vote. At a meeting held annually, said board of trustees shall review and approve the operating plan, the operating budget, the capital budgets, and other aspects of the annual work plan prepared jointly by the department of conservation and recreation and the Massachusetts water resources authority pursuant to that interagency memorandum of understanding between the department and the authority on or about April 27, 2004, as it may be amended from time to time, and which memorandum and the annual work plan prepared thereunder shall provide for the watershed and water supply protection responsibilities established for the authority and department under chapter 372 of the acts of 1984, chapter 36 of the acts of 1992, chapter 26 of the acts of 2003, and chapters 92 and 92A 1/2 of the General Laws to be satisfactorily discharged. Any amendment to said memorandum shall not include an authorization to enter into any agreement to acquire, purchase or transfer any property, the title of which is vested in the commonwealth and/or is considered to be watershed property by Massachusetts statute, as of the effective date of this act. The restriction in the preceding sentence shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust or any other provisions of this section.

Any provisions in the memorandum, as it may be amended from time to time, regarding the operation and governance of the trust shall be consistent with this section. In the event of an inconsistency between that memorandum and the terms and conditions of this section as they relate to the operation and governance of the trust, the terms and conditions of this section shall be dispositive.

(d)There shall be credited to the trust the following:

(1)all assessments against the authority established pursuant to section 11 of chapter 92A 1/2, except for amounts to be paid in trust by the authority to the division of water supply protection for application to payments in lieu of taxes pursuant to chapter 59 of the General Laws, and against any other public or private entity by the commissioner of the department for the purpose of supporting the watershed and water supply activities set forth in subsection (e);

(2)all revenues generated by the department's division of water supply protection required to be offset from assessments against the authority pursuant to section 11 of said chapter 92A 1/2, which shall include, but not be limited to, the sale of hydroelectricity, recreational or permits fees, and shall also include any access fees established pursuant to chapter 436 of the acts of 1990;

(3)all revenues from the sale of wood products harvested on those watershed lands under the management of the division of water supply protection;

(4)all payments from the authority for debt service under section 12 of said chapter 92A 1/2;

(5)all interest earned on monies in the trust; and

(6)gifts, grants, donations, or other contributions made for the purpose of supporting the watershed and water supply activities set forth in subsection (e).

(e)Notwithstanding any general or special law or other restriction to the contrary, expenditures from the trust shall not be subject to appropriation and balances remaining at the end of any fiscal year shall not revert to the general fund, and expenditures from the trust shall be made only for the purposes set forth in the memorandum and annual work plan as approved by the board pursuant to subsection (c), including:

(1)the maintenance and operating costs of the department's division of water supply protection, as established in sections 1 to 20, inclusive, of chapter 92A 1/2, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and protection of watershed lands pursuant to state and federal standards, capital costs, and the costs of the purchase or leasing of vehicles and all other equipment as considered necessary by the division, and other authorized charges of the division of water supply protection, as set forth in the Annual Work Plan's operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); provided, that no expenditure may be made for operating, maintenance, and capital costs of the department's division of water supply protection that were previously budgeted as expenses of the former department of environmental management that were non-reimbursable by the authority;

(2)department salaries, staffing levels, other employee expenses, operational expenses, acquisition of capital equipment, and all other expenses, as set forth in the Annual Work Plan's operating plan, operating budget, and capital budgets prepared jointly by the department and authority, and reviewed and approved by the board of trustees pursuant to subsection (c); and

(3)debt service payments for bonds authorized by the general court for the acquisition of fee simple, development, and other rights or interests in land in the areas regulated by said division of water supply protection, if the bonds were authorized and bonded indebtedness incurred before the establishment of the trust.

(f)For the purpose of accommodating timing discrepancies between the trust's receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts; but, the board of trustees shall annually certify to the comptroller that expenditures for the previous fiscal year did not exceed related assessments and trust receipts. No expenditures from said fund shall cause said fund to be in deficiency at the close of a fiscal year.

(g)The board of trustees shall not enter into any agreement to acquire, purchase, or transfer any assets and/or property the title of which is vested in the commonwealth, and/or considered to be watershed property by Massachusetts statute, as of the effective date of this act. Said restriction shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust, or any other provisions of this section.

The Governor returned with recommendation of amendment, see H4903.
SECTION 28.
Section 1E of chapter 15 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-There shall be in the department a board of education, in this section and in sections 1F and 1G called the board, which shall consist of the chairman of the student advisory council established under this section; the chancellor of higher education; the commissioner of early education and care; 1 representative of a labor organization selected by the governor from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL-CIO; 1 representative of business or industry selected by the governor with a demonstrated commitment to education; 1 representative of parents of school children selected by the governor from a list of 3 nominees provided by the Massachusetts Parent Teachers Association; and 3 members selected by the governor.

SECTION 29. Section 4 of chapter 15A of the General Laws, as most recently amended by section 683 of chapter 26 of the acts of 2003, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:-The board of higher education, hereinafter referred to as the board, shall be composed of 11 voting members, consisting of the commissioner of education, ex officio, the commissioner of early education and care, ex officio, 6 members appointed by the governor reflecting regional geographic representation, and 3 members chosen to represent public institutions of higher education.

SECTION 30. Section 5 of said chapter 15A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The board shall coordinate activities among the public institutions of higher education and shall engage in advocacy on their behalf, which advocacy shall include a sustained program to inform the public of the needs, importance, and accomplishments of the public institutions of higher education in the commonwealth.

SECTION 31. Section 7A of said chapter 15A, inserted by section 687 of chapter 26 of the Acts of 2003, is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f)The board shall use accountability objectives, performance measures and each institution's mission implementation plan to conduct annual evaluations of the performance of each institution. If an institution fails to meet a reasonable number of the accountability objectives, as determined by the performance measures, within a given year, the institution's board of trustees shall develop and implement a performance improvement plan and timetable to be approved by the board of higher education. Each plan shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities. If the institution fails to achieve the agreed to targeted improvements and timeline, funds appropriated for the institution in the following fiscal year shall be disbursed by the board of higher education to the institution's board of trustees subject to the board's approval. The board shall not be prevented from amending the institutional allocation of any such institution.

The Governor disapproved this section.
SECTION 32.
Section 9 of said chapter 15A, as most recently amended by section 52 of said chapter 26, is hereby further amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees at public institutions of higher education, except the University of Massachusetts Medical School, an individual, other than a non-immigrant alien within the meaning of paragraph 15 of subsection (a) of Section 1101 of Title 8 of the United States Code, who has attended high school in the commonwealth for 3 or more years and has achieved graduation from a high school in the commonwealth or attained the equivalent thereof, shall be eligible for in-state tuition rates and fees at the University of Massachusetts, or any commonwealth state or community college upon determination by the board of higher education that no person qualified for in-state tuition rates and fees under chapter 15A shall be denied such in-state tuition and fees upon the granting of eligibility under this paragraph; but, in the case of an individual who is not a citizen or permanent resident of the United States, the individual shall provide the University of Massachusetts, or the state or community college with an affidavit stating that the individual has filed an application to become a citizen or permanent resident of the United States, or shall file an application at the earliest opportunity the individual is eligible to do so.

SECTION 33. Said chapter 15A is hereby amended by striking out section 15F, as appearing in the 2002 Official Edition, and in inserting in place thereof the following section:-

Section 15F.It is hereby declared to be the policy of the commonwealth to encourage public community college training opportunities in order to promote workforce development, minimize the shortage of skilled workers and raise economic opportunity through a matching incentive grant program to be known as the community college workforce training incentive program. Subject to appropriation, the board of higher education shall establish guidelines for the distribution of community college workforce training incentive grants; provided, however, that said guidelines shall provide:(i) allowable incentive grant awards which shall not exceed $200 for every $1,000 in eligible revenues; (ii) minimum requirements for the level of not-for-credit vocationally-oriented instruction which shall be provided by incentive grant recipients in the fiscal year in which such grant is awarded. Each community college which is eligible for grant awards in a fiscal year shall, subject to appropriation, receive not less than $50,000 from the total amount appropriated for the incentive program to fund the salary of a workforce training coordinator at each such campus. For the purposes of this section, eligible revenues shall be defined as revenues received by a community college for one of the following purposes:tuition and fees paid by students enrolled in not-for-credit vocationally-oriented courses; tuition and fees paid by Massachusetts employers on behalf of employees enrolled in not-for-credit vocationally-oriented courses; and revenues from service contracts with Massachusetts employers to provide not for-credit vocationally-oriented training. Revenues from contracts with public agencies, public grants or private gifts shall not be considered eligible revenues for the purposes of this section. Incentive grants shall be expended for the following purposes:to expand not-for-credit vocationally oriented course offerings; to expand not-for-credit vocationally-oriented instruction provided through contracts with Massachusetts employers; and to otherwise promote not-for-credit vocationally-oriented instruction. Each community college campus shall report not later than December 31, annually, to the board of higher education and the house and senate committees on ways and means on the level of not-for-credit vocationally-oriented instruction provided in the preceding fiscal year and the anticipated level of such instruction in the current fiscal year. Said report shall detail enrollment levels, revenues received, sources of revenues, the number of service contracts established with Massachusetts employers and such other information as the board of higher education may require.

SECTION 34. Section 24A of said chapter 15A, as so appearing, is hereby amended by striking out, in line 6, the words "in the commonwealth".

The Governor returned with recommendation of amendment, see H4904.
SECTION 35.
The General Laws are hereby amended by inserting after chapter 15C the following chapter:-

CHAPTER 15D

DEPARTMENT OF EARLY EDUCATION AND CARE

Section 1.It is hereby declared to be the policy of the commonwealth to assure every child a fair and full opportunity to reach his full potential by providing and encouraging services which maximize a child's capacity and opportunity to learn, which strengthen family life, and which support families in their essential function of nurture for a child's physical, social, educational, moral, and spiritual development.

Section 2.There shall be a department of early education and care, in this chapter called the department, which shall serve as the lead agency for the administration of all public and private early education and care programs and services. The department shall be the state agency responsible for compliance with early education and care services under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), or any successor federal statute. The department shall be the state education agency for the purposes of early education and care services under federal law. The department shall seek, apply for and encourage the use of any federal funds for early education and care services, and shall facilitate the coordination of federal, state, and local policies concerning early education and care. The department shall be under the supervision and control of a board of early education and care.

Section 3.(a) There shall be a board of early education and care, hereinafter referred to as the board. The board shall set policies and establish regulations related to early education and care programs, and services. The Board shall oversee and supervise the administration of a high-quality system of public and private early education and care. The board shall oversee the development and implementation of a program of voluntary, universally accessible high-quality early childhood education to all preschool-aged children in the commonwealth, subject to appropriation. The board shall oversee the development and management of an educationally sound kindergarten readiness assessment for pre-school children and a comprehensive evaluation of early education and care programs, including the establishment of baseline data to inform the design and implementation of a universally accessible, high-quality early education and care program for all pre-school age children. The board shall oversee the development and implementation of a workforce development system designed to support the education, training and compensation of the early education and care workforce, including all center, family child care, infant, toddler, preschool and school-age providers.

(b)The board shall consist of 9 members, and shall include:the secretary of health and human services, ex-officio; the commissioner of the department of education, ex-officio; the chancellor of higher education, ex-officio; and 6 members appointed by the governor. Of the members appointed by the governor, 1 shall be a representative of the business community with a demonstrated commitment to education; 1 shall be an early education and care teacher, selected from a list of 3 nominees jointly provided by the Massachusetts Teachers Association and the Massachusetts Federation of Teachers; 1 shall be a parent or guardian of a child receiving early education and care services or a family childcare provider; 1 shall be a provider of early education and care services with practical experience in the management and administration of early education and care programs; 1 shall be a person with expertise in the evaluation and assessment of successful pre-school education programs; and 1 shall be a pediatrician with a focus on child development or a person nationally recognized for research in the field of educational psychology.

In making the appointments, the governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth, who are familiar with the differing interests, perspectives and needs of urban, rural and suburban regions, and who reflect the ethnic and racial diversity of the commonwealth's children. In appointing members from urban areas of the commonwealth, the governor shall seek to appoint people who are familiar with the particular issues of urban areas with high concentrations of low-income families. Each of the members chosen shall have a demonstrated interest in and commitment to early education and care and a commitment to maximizing family choice by preserving a mixed system of high-quality public and private programs.

Five members shall constitute a quorum, and the affirmative vote of 5 members shall be necessary for any action taken by the board.

Appointed members shall serve for terms of 5 years. No member shall be appointed to serve more than 2 consecutive full terms. Upon expiration of the term of office of an appointed member, a successor shall be appointed in like manner. If an appointed member is absent from any four regularly scheduled meetings, exclusive of July and August, in any calendar year, his office as a member of said board shall be deemed vacant. The chairperson of the board shall forthwith notify the governor that such vacancy exists.

No appointive member of said board shall be employed by or receive regular compensation from the department of early education and care. The governor shall appoint a chairperson to the board. Not more than 2 appointive members of the board shall be employed on a full-time basis by an agency of the commonwealth. The members of the board shall be reimbursed for their necessary expenses incurred in the performance of their duties. The board shall meet not fewer than 10 times annually at the call of the chairman.

No member of the board shall be found to be in violation of section 6 of chapter 268A for conduct which involves his participation, as a member of the board, in a particular matter before the board which may affect the financial interest of an early education and care program with which the member is affiliated; provided, however, that the member, his immediate family or partner has no personal and direct financial interest in the particular matter; and provided, further, that the affiliation is disclosed to the board and recorded in the minutes of the meeting of the board.

(c)The purposes of the board are as follows:

(1)to consolidate and coordinate resources and public funding streams for early education and care in order to assure the sound and coordinated development of all early education and care services to children;

(2)to encourage family choice by ensuring a mixed system of high-quality public and private programs, with local points of entry, staffed by well-qualified professionals;

(3)to assure parents a decisive role in the planning, operation, and evaluation of programs which aid families in the care of children;

(4)to provide consumer education and accessibility to early education and care resources;

(5)to advance the quality of early education and care programs in order to support the healthy development of children and preparation for their success in school;

(6)to develop a seamless service delivery system of early education and care programs administered by local, state and federal agencies, with local points of entry;

(7)to develop and manage an effective data collection system to support the necessary functions of a coordinated system of early education and care in order to enable accurate evaluation of its impact;

(8)to respect and draw upon family values and cultural heritage;

(9)to establish the administrative framework for and promote the development of early education and care services in order to provide that such services, staffed by well-qualified professionals, shall be available in every community for all families which express a need for them;

(10)to assure that family foster care or other residential care is provided only when the family itself or the resources available to the family are unable to provide the necessary care and protection to insure the rights of any child to sound development; and

(11)to assure that every child shall in all circumstances be protected against all forms of neglect, cruelty, abuse, and exploitation.

(d)The board shall review and approve federal grant applications for early education and care programs and may develop guidelines as needed for the disbursement of such funds in accordance with law. The board shall be the approving authority for all federal grants that are applied to public and private early education and care programs in the commonwealth.

(e)The board shall submit an annual report to the governor, the clerks of the house of representatives and senate, and the joint committee on education, arts and humanities, describing its progress in achieving the goals and implementing the programs authorized in this chapter. The report shall evaluate the progress of the commonwealth in moving toward a system of universal early education and care for 3, 4 and 5-year-old pre-school children.

Section 4.The board of early education and care shall by a 2/3 vote of its members appoint a commissioner of early education and care, in this chapter called the commissioner, and may in its discretion by majority vote of its members remove the commissioner. The commissioner shall be the secretary to the board and its chief executive officer. The commissioner shall receive a salary to be determined by the board.

Subject to the approval of the board of early education and care, the commissioner may apply for and accept on behalf of the commonwealth, any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or policies of the department. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a separate account and shall be expended under the direction of the commissioner, with the approval of the board of early education and care. Federal funds paid as reimbursement to the commonwealth shall be deposited in the General Fund.

Section 5. The board shall develop and annually update an implementation plan for a workforce development system designed to support the education, training and compensation of the early education and care workforce, including all center, family child care, infant, toddler, preschool and school-age providers. The board shall solicit input from organizations and agencies that represent a diverse spectrum of expertise, knowledge and understanding of broader workforce development issues and of the professional development needs of the early childhood and care workforce. In order to inform the plan, the board shall conduct:

(1)an inventory and assessment of the current resources and strategies available for workforce and professional development in the commonwealth, including but not limited to Head Start trainings, community-based trainings, higher education programs, child care resource and referral agency trainings, state and federally funded workforce development trainings/programs, public school system trainings/credentialing, and other trainings that address the needs of those who work with children and make recommendations for coordinating the use of those existing resources and strategies;

(2)analyses using current data on the status of the early education and care workforce, including work experience, certifications, education, training opportunities, salaries, benefits and workplace standards; and

(3)an assessment of the workforce capacity necessary to meet the state's early education and care needs in the future.

In the development of the plan, the board shall consider:

(1)core competencies, a common and shared body of knowledge, for all those working in the early education and care fields;

(2)streamlined and coordinated state certification, credentialing, and licensing within the early education and care fields including teacher and provider certification and licensing, the child development associate, public school teacher certification, and other program standards as appropriate for director, teacher and provider credentialing requirements;

(3)a mandatory and regularly updated professional development and qualification registry;

(4)agreements among higher education institutions for an articulated system of education, training, and professional development in early education and care;

(5)approval of early education and care training programs and academic coursework, incentives for associates and bachelors programs to meet best practices and to modify curricula to reflect current child development research, and certification of trainers and teachers;

(6)coordination of existing workforce resources among public agencies, including establishing regional workforce support resources in coordination with child care resource and referral agencies;

(7)a range of professional development and educational opportunities that provide appropriate coursework and degree pathways for family child care as well as center-based providers at all levels of the career ladder that are available in locations, days, and times that are accessible;

(8)credit for prior learning experiences, development of equivalencies to 2 and 4 year degrees, and the inclusion of strategies for multiple pathways for entry into the field of early education and care;

(9)recruitment and retention of individuals into the early education and care workforce who reflect the ethnic, racial, linguistic, and cultural diversity of Massachusetts families based on the current census data;

(10)incentives and supports for early education and care professionals to seek additional training and education, such as scholarships, stipends, loan forgiveness connected to a term of service in the field, career counseling and mentoring, release time and substitutes;

(11)guidelines for a career ladder or career lattice representing salaries and benefits that suitably compensate professionals for increases in educational attainment and with incentives for advancement, including a salary enhancement program;

(12)public and private resources to support the workforce development system;

(13)a data collection and evaluation system to determine whether the workforce and professional development activities established pursuant to this chapter are achieving recruitment, retention and quality of the workforce goals; and

(14)ways to recognize and honor advancements in educational attainment among early education and care professionals.

SECTION 36. Section 14 of chapter 19A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the definition of "Abuse", and inserting in place thereof the following definition:-

"Abuse", an Act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability or resistance of an elderly person to provide for him one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community; provided, however, that no person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

SECTION 37. Section 4 of chapter 19D of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

Notwithstanding the previous paragraph, no fees, including minimum fees, for initial certification or certification renewal shall be due from any provider for assisted living units created under the HUD Assisted Living Conversion Program.

SECTION 38. Section 8 of chapter 21A of the General Laws, as so appearing, is hereby amended by inserting after the word "include", in line 103, the following words:-the office of law enforcement,.

SECTION 39. Section 13 of said chapter 21A, as so appearing, is hereby amended by inserting after the sixth sentence the following sentence:-The department shall not require an inspection of a system for the treatment and the disposal of sanitary sewage below the ground surface if the transfer is of residential real property, and is between the following relationships:(1) between current spouses; (2) between parents and their children; (3) between full siblings; and (4) where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.

SECTION 40. Subsection (d) of section 18 of said chapter 21A, as so appearing, is hereby amended by adding the following 2 clauses:-

(6)Notwithstanding the requirements of clauses (1)to (4), inclusive, the department and a permit applicant may agree upon appropriate fees, related funding and schedules for projects meeting the criteria in clauses (1) and (2) or for projects determined by the commissioner to be of significant environmental interest to the commonwealth or that are consistent with sustainable development principles. With input from the advisory committee the department shall establish guidelines for the implementation of this subsection, including ensuring consideration of the allocation of department permitting resources and whether the project serves a significant public interest, and offers opportunities to restore, protect, conserve or enhance natural resource. All amounts received by the department for these projects shall be deposited in the fund established in clause (7) and may be expended by the department in accordance with the requirements of clause (7).

(7)There shall be established and set up on the books of the commonwealth a separate trust to be known as the Special Projects Permitting and Oversight Fund. There shall be credited to the fund all amounts received by the department from permit applicants for projects identified in clause (6). All amounts credited to the fund may be expended by the department without further appropriation for the purpose of permitting, technical assistance, compliance, other related activities associated with said projects, including all direct and indirect costs of department personnel or contractors. With agreement of the project applicants, any amount credited to the fund in excess of the amount expended to complete the department's permitting, technical assistance, compliance, or other related activities associated with said projects, may be retained in the fund. The funds may be expended by the department to support projects in economically distressed areas. An economically distressed area is an area or municipality that has been designated as an economic target area, or that would otherwise meet the criteria for such designation under section 3D of chapter 23A. The department's expenditure of the funds shall be in accordance with relevant state law applicable to the expenditure and record keeping of state funds and shall be subject to audit by the state auditor.

The Governor disapproved this section.
SECTION 41.
Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 21.The department of environmental protection shall ensure that all dental clinics install, use and maintain advanced filtration technology, ISO 11143 certified amalgam separators at each dental office in Massachusetts that places, replaces or removes amalgam fillings.

SECTION 42. Section 3B of chapter 21E of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, the department may, by regulation, establish annual compliance assurance fees for sites or vessels, payable by all persons, excluding agencies of the commonwealth, who are, or are required to be, performing response actions at such sites or vessels, or who have been notified by the department that they are potentially liable for such sites or vessels pursuant to section 5, for each year or fraction thereof in which such response actions are performed or required to be performed, from the time that notice is first required to be given to the department, pursuant to section 7, until the time that a level of no significant risk has been achieved in accordance with subsection (g) of section 3A; provided, however, that such fees shall not apply to sites or vessels for which a level of no significant risk has been achieved within a short duration in response to a sudden release or threat of release of oil or hazardous material. Such fees shall be based on the department's cost for inspection, auditing, enforcement and compliance activities.

SECTION 43. Said section 3B of said chapter 21E, as so appearing, is hereby further amended by striking out, in line 49, the words "carrying out such response action" and inserting in place thereof the following:-owing such fee.

SECTION 44. Said section 3B of said chapter 21E, as so appearing, is hereby further amended by striking out, in lines 74 and 75, the words "for those response actions at or."

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 45.
Section 5 of chapter 21J of the General Laws, as it presently appears, is hereby amended by striking out, in lines 7 and 8, the words "one million dollars for reimbursement under section 4(a)(1) and one million dollars" and inserting in place thereof the following words:-$1,500,000 for reimbursement under section 4(a)(1) and $1,500,000.

SECTION 46. The first sentence of section 3 of chapter 22E of the General Laws, as amended by section 1 of chapter 107 of the acts of 2003, is hereby further amended by striking out the words "shall, within 1 year of such conviction or adjudication, submit a DNA sample to the department, which shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director." and inserting in place thereof the following words:-shall submit a DNA sample to the department within 1 year of such conviction or adjudication or, if incarcerated, before release from custody, whichever occurs first. The sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director.

SECTION 47. Section 9J of chapter 23 of the General Laws, as most recently amended by section 555 of chapter 26 of the acts of 2003, is hereby further amended by striking out the first sentence and inserting in place thereof, the following 2 sentences:-The secretary, in consultation with the director of workforce development, may adopt, amend, alter or repeal, and shall enforce, all rules, regulations and orders necessary for the administration and enforcement of chapter 151A. The secretary shall seek the approval of the director of workforce development if the changes may affect the operations of the free public employment offices.

SECTION 48. Section 11E of said chapter 23, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-There shall be in the department of workforce development an apprenticeship council, to consist of 8 members, 6 of whom shall be appointed by the director of workforce development with the approval of the governor, 1 of whom shall be the director of workforce development or his successor, ex officio, and 1 of whom shall be the associate commissioner of career and technical education or his successor, in the department of education, ex officio.

SECTION 49. Section 11H of said chapter 23, as so appearing, is hereby amended by striking out the definition of "Director" and inserting in place thereof, the following definition:-

"Director", the director of workforce development.

SECTION 50. Said section 11H of said chapter 23, as so appearing, is hereby further amended by striking out the definition of "Division" and inserting in place thereof, the following definition:-

"Division", the division of apprentice training in the department of workforce development.

SECTION 51. Section 3 of chapter 23H of the General Laws, as appearing in section 571 of chapter 26 of the acts of 2003, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Within the department, there shall be the following agencies and divisions: a division of apprentice training, which shall administer sections 11E to 11W, inclusive, of chapter 23; a division of career services, which shall administer section 6 of this chapter; a division of unemployment assistance that shall administer chapter 151A; and other divisions as the director considers necessary to administer and enforce the department's other obligations.

SECTION 52. Section 6 of said chapter 23H, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The director of workforce development shall administer the system of free public employment offices established in sections 160 to 168A, inclusive, of chapter 149, through the division of career services.

SECTION 53. Said chapter 23H is hereby amended by adding the following section:-

Section 8. The director of workforce development shall administer and enforce the unemployment insurance system and the medical security trust as established in chapter 151A. The director, with the approval of the secretary, may assign personnel, responsibilities and duties under federal law to any office or division within the department in order to maximize efficiency of resources and service delivery.

SECTION 54. Chapter 25A of the General Laws is hereby amended by inserting after section 11G, as appearing in the 2002 Official Edition, the following section:-

Section 11H. (a) The division of energy resources may make an assessment against each electric and gas utility company doing business in the commonwealth. This section shall not apply to municipally owned electric and gas companies.

(b) The assessments shall be made to finance activities undertaken by the division in accordance with section 11G related to oversight and coordination of ratepayer funded programs for energy efficiency, energy conservation, and demand reduction programs.

(c) The assessment shall be made at a rate determined and certified annually by the commissioner as sufficient to reimburse the commonwealth for funds appropriated by the general court for activities of the division related to the oversight and coordination of programs for energy efficiency, energy conservation, and demand reduction. From July 1, 2004 to December 31, 2004, inclusive, the assessment shall not exceed an amount equal to 0.375 per cent of the total annual mandatory charge collected by each utility company under section 19 of chapter 25 in the case of electric companies, or 0.375 per cent of the efficiency budgets as approved by the department of telecommunications and energy or otherwise required by law in the case of gas companies, as applicable. Beginning January 1, 2005, the assessment shall not exceed an amount equal to 0.75 per cent of the total annual mandatory charge collected by each utility company under section 19 of chapter 25 in the case of electric companies, or 0.75 per cent of the efficiency budgets as approved by the department of telecommunications and energy or otherwise required by law in the case of gas companies, as applicable. Assessments made under this section shall be charged by the utility companies against the revenues so collected under section 19 of chapter 25 or as the revenues are approved by the department of telecommunications and energy or otherwise required by law, as applicable. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the division.

SECTION 55. Said chapter 25A is hereby amended by adding the following section:-

Section 13. (a) Notwithstanding any general or special law to the contrary, the division may apply for, receive, retain, redeem, sell or transfer any energy conservation credits, renewable energy certificates or credits, emissions credits, or energy reduction allowances earned or received by the commonwealth including but not limited to allowances awarded through the public benefit set-aside provisions of the NOx Allowance Trading Program implemented by the department of environmental protection.

(b) There shall be established upon the books of the commonwealth a separate fund to be known as the Division of Energy Resources Credit Trust Fund. There shall be credited to said fund all amounts received through the redemption or sale of such certificates, credits and allowances specified in this section and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, subject to appropriation, by the division of energy resources for activities of the division related to the development, oversight and implementation of programs for energy reliability, renewable energy, public procurement of energy and energy efficiency, and climate change. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year; provided however, that the fund shall not be in deficit at the end of any state fiscal year.

The Governor returned with recommendation of amendment, see H4905.
SECTION 56.
Chapter 29 is hereby amended by inserting after section 2MMM the following section:-

Section 2NNN. There shall be established and set up on the books of the commonwealth a separate fund known as the State Mental Health Facilities Disposition Fund to be expended, subject to appropriation, by the department of mental health. Notwithstanding section 548 of chapter 28 of the acts of 2003, the fund shall consist of 25 per cent of monies derived from the sale, lease, sublease, granting of easements or other conveyances related to any state mental health facility, excluding the former Medfield state hospital parcels and other facilities for which a reuse plan has been developed, declared to be a surplus by the division of capital asset management and maintenance. Monies deposited into the fund shall be expended exclusively by the department for one-time improvements to decent, safe, sanitary and supported housing for individuals who are clients of the department of mental health. The books and records of the State Mental Health Facilities Disposition Fund shall be subject to a biennial audit by the state auditor. No expenditure from said fund shall cause said fund to be in deficiency at the close of a fiscal year.

The Governor disapproved this section.
SECTION 57.
Said chapter 29 is hereby further amended by inserting after section 2NNN, inserted by section 56 of this act, the following section:-

Section 2OOO. There shall be established and set up on the books of the commonwealth a separate fund known as the State Mental Retardation Facilities Disposition Fund to be expended, subject to appropriation, by the department of mental retardation. Notwithstanding section 548 of chapter 28 of the acts of 2003, the fund shall consist of 25 per cent of monies derived from the sale, lease, sublease, granting of easements or other conveyances related to any state mental retardation facility, excluding facilities for which a reuse plan has been developed, declared to be a surplus by the division of capital asset management and maintenance. Monies deposited into the fund shall be expended exclusively by the department for one-time improvements to decent, safe, sanitary and supported housing for individuals who are clients of the department of mental retardation. The books and records of the State Mental Retardation Facilities Disposition Fund shall be subject to a biennial audit by the state auditor. No expenditure from said fund shall cause said fund to be in deficiency at the close of a fiscal year.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 58.
Section 7H of said chapter 29, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "decreased", in line 53, the following words:- , or that appropriations or statutory amendments that would provide funding to support recommended levels of appropriations have materially changed.

The Governor disapproved this section.
SECTION 59.
Section 9B of said chapter 29, as so appearing, is hereby amended by striking out, in line 18, as so appearing, the word "fifteen" and inserting in place thereof the following figure:- 60.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 60.
Section 27B of said chapter 29, as so appearing, is hereby amended by inserting after the word "four", in line 7, the following words:- , and at least 30 days written notification has been given to the house and senate committees on ways and means.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 61.
Section 29E of said chapter 29, as so appearing, is hereby amended by inserting after the first sentence, the following sentence:- The comptroller shall notify, in writing, the house and senate committees on ways and means 60 days before entering into any contract authorized pursuant to this section.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 62.
Chapter 30 of the General Laws, is hereby amended by inserting after section 9I, as so appearing, the following section:-

Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniority, collective bargaining, civil service or other rights enjoyed at the time of the transfer. Nothing in this section shall prohibit any reduction in workforce otherwise permitted under collective bargaining agreements or civil service rules or regulations.

SECTION 63. Section 59 of said chapter 30, as so appearing, is hereby amended by inserting after the word "him", in line 26, the following words:- , subject to section 15 of chapter 32. The employer of any person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 64.
Section 65 of said chapter 30, added by section 173 of chapter 26 of the acts of 2003, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Instead of making the certificate under clause (1) of subsection (a), the governor's chief legal counsel may, upon written request by the head of any department, agency, board or commission, with the written approval of the head thereof and with the voluntary written consent of the attorney who is a state employee, provide specific legal services for the requesting department, agency, board or commission for a period not exceeding 3 months but subject to renewal with the voluntary written consent of the attorney. Such an assignment shall be subject to any applicable collective bargaining agreement. The certification required of the comptroller by the fourth paragraph of section 31 of chapter 29 shall not be required in instances of such an assignment by the governor's chief legal counsel.

SECTION 65. Section 1 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the definition of "Accumulated additional deductions" the following definition:-

"Accumulated assumed actuarial deductions", the sum of the amount of the regular deductions and the actuarial assumed interest thereon that would have been credited to a member's account in the annuity savings fund of a system had actuarial assumed interest been credited rather than regular interest.

SECTION 66. Said section 1 of said chapter 32, as so appearing, is hereby further amended by inserting after the definition of "Accumulated total deductions" the following definition:-

"Actuarial assumed interest", interest that would be credited to a member's account in the annuity savings fund of a system or to his account in the special fund for military service credit, as provided in subdivision (6) of section 22, except that for any calendar year beginning after December 31, 1983, "actuarial assumed interest" shall be interest that would have been so credited using a rate equal to a system's actuarial assumed rate of return on investments, as determined from time to time by the commission, rather than regular interest.

SECTION 67. Said section 1 of said chapter 32, as so appearing, is hereby further amended by striking out the definition of "Actuarial equivalent" and inserting in place thereof the following definition:-

"Actuarial equivalent", any benefit of equal value when computed upon the basis of a mortality table to be selected by the actuary and an interest rate determined by the actuary.

The Governor returned with recommendation of amendment, see H4906.
SECTION 68.
Section 3 of said chapter 32, as so appearing, are hereby amended by striking out, in lines 92, 408, 474 and 475, 535, 579, 590 and 766, the words "accumulated regular deductions" and inserting in place thereof, in each instance, the following words:- 1/2 of the accumulated assumed actuarial deductions.

The Governor disapproved this section.
SECTION 68A.
Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 575 and 576, the words "accumulated regular deduction" and inserting in place thereof the following words:- 1/2 of the accumulated assumed actuarial deduction.

The Governor returned with recommendation of amendment, see H4907.
SECTION 69.
Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 768, 781, 790 and 792 and 793, the words "regular interest" and inserting in place thereof, in each instance, the following words:- 1/2 of the actuarial assumed interest.

SECTION 69A. Section 4 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 451, 456 and 457, and 459, the words "regular interest" and inserting in place thereof, in each instance, the following words:- 1/2 of the actuarial assumed interest.

The Governor disapproved this section.
SECTION 70.
Section 5 of said chapter 32 is hereby amended by adding the following subdivision:-

(5)(i) Notwithstanding this chapter or any other general or special law to the contrary, there shall be an alternative superannuation retirement benefit program for members of the Massachusetts Port Authority Employees' Retirement System. Participation in the program shall be an alternative retirement option at the time of hiring for all employees hired on or after July 1, 2004. Such members shall make contributions to the Massachusetts Port Authority Employees' Retirement System at the rate of 10 per cent on all regular compensation. Any member of the Massachusetts Port Authority Employees' Retirement System before July 1, 2004 may elect to participate in the alternative superannuation retirement benefit program. The election shall be made on or after July 1, 2004 and before December 31, 2004. Any member of a contributory retirement system who transfers into the Massachusetts Port Authority Employees' Retirement System before July 1, 2004 may elect to participate in the alternative superannuation retirement benefit program; provided, however, that such election shall occur within 180 days of establishing membership in the Massachusetts Port Authority Employees' Retirement System.

(ii) Any member who elects to so participate shall be required to make a minimum of 5 years of contributions at 10 per cent from of regular compensation pursuant to section 22; provided, however, that if the member elects to retire before he has made the 5 years of contributions at 10 per cent, the member shall pay, in 1 sum or in installments as the board may prescribe, an amount equal to that which would have been withheld as regular deductions at the rate of 10 per cent from his regular compensation for such 5-year period based on his last 12 months of regular compensation less contributions made during the member's last 5 years of creditable service; provided, however, that any inactive member who elects to retire before he has made 5 years of contributions at 10 per cent, shall pay, in 1 sum or in installments as the board may prescribe, an amount equal to that which would have been withheld as regular deductions at the rate of 10 per cent from his regular compensation for such 5-year period based on the last 12 months of regular compensation which would have been paid to the inactive member had such member continued in the position from which he is currently inactive less contributions made during the member's last 5 years of creditable service. Any schedule permitting an acceleration of contributions shall be consistent with the plan qualification requirements of the Internal Revenue Code and shall, where necessary to meet the requirements of the Internal Revenue Code, provide for an actuarial reduction of benefits by the actuary appointed by the commission in accordance with section 21. Any member who elects to participate in the alternative superannuation retirement benefit program and pays additional contributions pursuant to this section and does not complete 30 years of creditable service shall, upon termination from membership in or retirement from the system, be reimbursed such additional contributions, plus regular interest, as determined by the Massachusetts Port Authority Employees' Retirement System.

(iii) The normal yearly amount of retirement allowance for an eligible employee who has completed 30 years of creditable service and has paid the full amount of regular deductions on the total amount of regular compensation as determined under paragraph (a) of subdivision (2), shall be based on the average annual rate of regular compensation as determined under said paragraph (a) of said subdivision (2) and shall be computed according to the table contained in said paragraph (a) of said subdivision (2) titled group 2, based on the age of such member and his number of years and full months of creditable service at the time of his retirement with the percentage of salary average in such computation to be increased by 2 per cent per year for each full year of service in excess of 24 years of creditable service; provided, however, that a member shall have served for at least 25 years as an employee of the Massachusetts Port Authority in order to be eligible to receive the benefit provided under this subdivision. For any member who retires prior to age 55, his age factor shall be determined in accordance with subdivision (1) of section 10. For any member who retires before completing 30 years of service, such member shall receive a retirement allowance equal to the retirement allowance that the member would have been eligible for had he not participated in the alternative superannuation retirement benefit program.

(iv) The total normal yearly amount of the retirement allowance, as determined in accordance with this subdivision, of any employee who retires and receives an additional benefit under the alternative superannuation retirement benefit program shall not exceed 4/5 of the average annual rate of his regular compensation received during any period of 3 consecutive years of creditable service for which the rate of compensation was the highest or of the average annual rate of his regular compensation received during the periods, whether or not consecutive, constituting his last 3 years of creditable service preceding retirement, whichever is greater.

SECTION 71. Section 7 of said chapter 32, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 88, the word "eighteen" and inserting in place thereof the following words:- 18 or, if over that age and under age 22, is a full-time student at an accredited educational institution,.

SECTION 72. Said section 7 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 97, the word "twenty-one" and inserting in place thereof the following figure:- 22.

SECTION 73. Section 9 of said chapter 32, as so appearing, is hereby amended by striking out, in line 55, the word "eighteen" and inserting in place thereof the following:- 18, or are over that age and under age 22 and full-time students at accredited educational institutions,.

SECTION 74. Said section 9 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 60, the word "eighteen" and inserting in place thereof the following:- 18, or is over that age and under age 22 and is a full-time student at an accredited educational institution,.

SECTION 75. Paragraph (c) of subdivision (2) of said section 9 of said chapter 32, as so appearing, is hereby amended by inserting at the end of said paragraph (c) the following 2 sentences:- The words "full-time student" shall mean a child who is in full-time attendance in an accredited educational institution offering full-time courses of study equivalent to or higher than secondary school study. The words "accredited educational institution" shall mean a school, college or university that is licensed, approved or accredited, as the case may be, in the state in which it is located.

SECTION 76. Said section 9 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 73 and 79, the word "twenty-one" and inserting in each place thereof, in each instance, the following figure:- 22.

SECTION 77. The first paragraph of subdivision (1) of section 12 of said chapter 32, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Any member who is retired for disability under section 6, or section 7 or who is retired under subdivision (2) of section 26, may elect to have his allowance paid in accordance with the terms of option (a), option (b) or option (c), provided, however, that, in the event that the surviving eligible beneficiary of a member under said option (c) is eligible for a benefit under section 9, the beneficiary shall elect to receive either a benefit pursuant to said option (c) or a benefit pursuant to said section 9 but in no event shall the beneficiary be eligible for both benefits.

SECTION 78. Section 12B of said chapter 32, as so appearing, is hereby amended by striking out, in lines 26 and 27, the word "twenty-one" and inserting in place thereof the following figure:- 22.

SECTION 79. Section 15 of said chapter 32, as so appearing, is hereby amended by adding the following subdivision:-

(5) If the attorney general or a district attorney becomes aware of a final conviction of a member of a retirement system under circumstances which may require forfeiture of the member's rights to a pension, retirement allowance or a return of his accumulated total deductions pursuant to this chapter, sections 58 or 59 of chapter 30 or section 25 of chapter 258A, he shall immediately notify the commission of such conviction.

SECTION 80. The first paragraph of subdivision (1) of section 22C of said chapter 32 is hereby amended by striking out the third sentence, as so appearing, and inserting in place thereof the following sentence:- The first such funding schedule shall be filed by the commissioner not later than March 1, 1988 and subsequent schedules shall be prepared pursuant to this section relating to the establishment of funding schedules and filed triennially on or before January 15.

SECTION 81. Said subdivision (1) of said section 22C of said chapter 32 is hereby further amended by striking out the last paragraph, as amended by section 179 of chapter 26 of the acts of 2003, and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, appropriations or transfers made to the commonwealth's pension liability fund in fiscal years 2005 to 2007, inclusive, shall be made in accordance with the following funding schedule: $1,216,936,000 in fiscal year 2005, $1,274,675,000 in fiscal year 2006 and $1,335,176,000 in fiscal year 2007.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 82.
Section 23 of said chapter 32 is hereby amended by adding the following subdivision:

(6) Confidentiality of certain records. Any documentary material or data made or received by a member of the PRIM board which consists of trade secrets or commercial or financial information that relates to the investment of public trust or retirement funds, shall not be disclosed to the public if disclosure is likely to impair the government's ability to obtain such information in the future or is likely to cause substantial harm to the competitive position of the person or entity from whom the information was obtained. The provisions of the open meeting law shall not apply to the PRIM board when it is discussing the information described in this subdivision. This subdivision shall apply to any request for information covered by this subdivision for which no disclosure has been made by the effective date of this subdivision.

SECTION 83. Section 26 of said chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 51, the word "eighteen" and inserting in place thereof the following words:- 18, or, if over that age and under age 22, who is a full-time student at an accredited educational institution,.

SECTION 84. Said section 26 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 57, the word "twenty-one" and inserting in place thereof the following figure:- 22.

SECTION 85. Section 91A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "cease and shall in no event be reinstated" and inserting in place thereof the following word:- terminate.

SECTION 86. Said section 91A of said chapter 32, as so appearing, is hereby further amended by adding the following 3 sentences:- A member shall not be entitled to recover a retirement allowance for any period during which the member's rights in and to his retirement allowance were terminated for failure to submit a statement to the commission under this section. After written notice and opportunity to be heard by the board, termination of a member's rights in and to a retirement allowance for failure to submit a statement to the commission shall be considered by the board to be effective as of the date that such statement was due to be submitted to the board. If a retirement allowance was paid to a member for any period during which such member's rights in and to a retirement allowance were terminated for failure to submit a statement to the commission, such member shall refund the portion of his retirement allowance attributable to such period.

SECTION 87. Section 100 of said chapter 32, as so appearing, is hereby amended by striking out, in line 32, the word "twenty-one" and inserting in place thereof the following figure:- 22.

SECTION 88. Said chapter 32 is hereby further amended by adding the following section:-

Section 105. (a) Any member retired under section 5 or section 10 shall be eligible to be reinstated in a retirement system established under this chapter, if the retired member repays to the system from which he retired an amount equal to the total amount of any retirement allowance received by the retired member, together with actuarial assumed interest thereon. Such payment shall be made in one lump sum or in installments as the board shall prescribe. Upon such reinstatement, regular deductions shall be made from regular compensation pursuant to paragraphs (b) and (b 1/2) of subdivision (1) of section 22, and for such purpose, the member's date of entry into service shall be the date such member waived his retirement allowance or the date of reinstatement, whichever occurs earlier. Upon completion of such payment, the member shall be entitled to creditable service for all periods of service for which deductions were made from the member's regular compensation. For purposes of this section, the term "reinstatement service" shall mean a member's period of full-time employment after reinstatement in a retirement system under this section.

(b) If the member shall have less than 5 years reinstatement service, upon retirement, that member shall receive a refund of the payments actually made to the system under this section. The member shall not be entitled to any creditable service for the reinstatement service, nor shall the member be eligible to establish any additional creditable service under any provision for make up payments or other payments.

(c) If the member shall have 5 years or more of reinstatement service, the member shall be entitled to creditable service resulting from his reinstatement service upon the completion of payments required under subsection (a) and payment of regular deductions under section 22 for the reinstatement service. In the event that a retirement allowance becomes effective for the member before the completion of payments under subsection (a), the member shall be entitled to credit for that proportion of reinstatement service as the board shall prescribe, in addition to any credit for service rendered prior to the date of reinstatement, provided that the member would have otherwise been eligible for that prior service.

SECTION 89. Section 19 of chapter 32A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in lines 1 to 3, inclusive, the words "The commission is hereby authorized to pay to any active or retired employee of the commonwealth who is insured by the commonwealth as of June first, nineteen hundred and ninety-three" and inserting in place thereof the following words:- Effective July 1 of each year, the commission may pay to any active or retired employee of the commonwealth who has been continuously insured by the commonwealth for the prior 6 months.

SECTION 90. Section 11 of chapter 32B of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the second paragraph the following 2 paragraphs:-

Notwithstanding any charter or ordinance to the contrary, the appropriate public authority of the cities of Cambridge, Chelsea, Everett, Malden, Medford, Melrose, Quincy, Revere and Somerville may notify the appropriate public authority of the city of Boston of its election to participate in the schedule of benefits made available by the city of Boston for its employees and, subject to the approval of the appropriate public authority of the city of Boston and under such terms and conditions and rules and regulations as may be prescribed from time to time by the appropriate public authority of the city of Boston, the employees of the city so applying shall become insured at the earliest practicable date as participants in a city of Boston group health or life benefit plan. The withdrawal of each individual city's employees from each individual city's group health or life benefit plan and the subsequent inclusion of that city's employees in the city of Boston's group health life benefit plan shall coincide with annual open enrollment periods. Nothing in this paragraph shall prohibit the appropriate public authority of the city of Boston from prohibiting participation by applying cities in certain benefit programs made available by the city of Boston for its employees. Nothing in this paragraph shall prevent a participating city from withdrawing from participation upon reasonable notice provided by the appropriate public authority of the participating city to the appropriate public authority of the city of Boston. A city granted approval to participate in the city of Boston's schedule of benefits that incurs costs by so joining or exiting including, but not limited to, paying for claims which have been incurred but not yet paid may amortize such costs over a period of not more that 10 years from the date of such approval or exit.

Nothing in this section shall abrogate any provision of chapter 150E or any collective bargaining agreement with respect to health benefits or impact adversely the rights and benefits of public employees pursuant to any collective bargaining agreement.

SECTION 91. The third sentence of subsection (a) of section 6A of said chapter 40J, as appearing in section 18 of chapter 141 of the acts of 2003, is hereby amended by inserting after the word "appoint" the following words:- not less than.

SECTION 92. The General Laws are hereby amended by inserting after chapter 40Q the following chapter:-

CHAPTER 40R.

SMART GROWTH ZONING AND HOUSING PRODUCTION

Section 1. It is the purpose of this chapter to encourage smart growth and increased housing production in Massachusetts. Smart growth is a principle of land development that emphasizes mixing land uses, increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods, takes advantage of compact design, fosters distinctive and attractive communities, preserves open space, farmland, natural beauty and critical environmental areas, strengthens existing communities, provides a variety of transportation choices, makes development decisions predictable, fair and cost effective and encourages community and stakeholder collaboration in development decisions.

Section 2. As used in this chapter, the following words shall have the following meanings:

"Affordable housing", housing affordable to and occupied by individuals and families whose annual income is less than 80 per cent of the areawide median income as determined by the United States Department of Housing and Urban Development. Affordability shall be assured for a period of not less than 30 years through the use of an affordable housing restriction as defined in section 31 of chapter 184.

"Approved smart growth zoning district", a smart growth zoning district that has been adopted by a city or town and approved by the department in accordance with this chapter and the regulations of the department, so as to be eligible for the receipt of financial and other incentives. The department may revoke its approval if the obligations of the city or town are not met.

"Approving authority", a unit of municipal government designated by the city or town to review projects and issue approvals under section 11.

"Comprehensive housing plan", a plan to be prepared by each city or town that provides an assessment of the housing needs within a city or town and describes specific strategies to address these needs, in accordance with regulations of the department.

"Density bonus payment", a one-time payment to a municipality from the trust fund established in section 35BB of chapter 10 for each housing unit of new construction that is created in a smart growth zoning district.

"Department", the department of housing and community development.

"Developable land area", that area within an approved smart growth zoning district that can be feasibly developed into residential or mixed use development determined in accordance with regulations of the department. Developable land area shall not include: (1) land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (2) open space designated by the city or town as provided in section 6; or (3) areas exceeding 1/2 acre of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, such as wetlands.

It shall include the land area occupied by or associated with underutilized residential, commercial, industrial or institutional buildings or uses that have the potential to be recycled or converted into residential or mixed use developments as determined in accordance with regulations of the department.

"Eligible locations", (1) areas near transit stations, including rapid transit, commuter rail and bus and ferry terminals; (2) areas of concentrated development, including town and city centers, other existing commercial districts in cities and towns, and existing rural village districts; or (3) areas that by virtue of their infrastructure, transportation access, existing underutilized facilities, and/or location make highly suitable locations for residential or mixed use smart growth zoning districts.

"Historic district", a district in a city or town characterized by the unique historic quality of the buildings within the district, and in which exterior changes to all buildings and the construction of new buildings are subject to special architectural and design guidelines as voted by the city or town pursuant to state law.

"Letter of eligibility", a letter to a city or town to be issued by the department within 60 days of receiving a complete and approvable application from a city or town for approval of a smart growth zoning district.

"Mixed use development", a development containing a mix of some or all of multi-family residential, single-family residential, commercial, institutional, industrial and other uses, all conceived, planned and integrated to create vibrant, workable, livable and attractive neighborhoods.

"Multi-family housing", apartment or condominium units in buildings which contain or will contain more than 3 such units.

"New construction", construction of new housing units, the substantial rehabilitation of existing buildings or the conversion to residential use of existing buildings to create additional housing units, to the extent those units could not have been constructed or converted under the underlying zoning.

"Open space", shall include, but not be limited to, land to protect existing and future well fields, aquifers, and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and salt water marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes, and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use.

"Project", a proposed residential or mixed-use development within a smart growth zoning district.

"Smart growth zoning district", a zoning district adopted by a city or town under this chapter that is superimposed over 1 or more zoning districts in an eligible location, within which a developer may elect to either develop a project in accordance with requirements of the smart growth zoning district ordinance or by-law, or develop a project in accordance with requirements of the underlying zoning district.

"Smart growth zoning district certificate of compliance", a written certification by the department in accordance with section 7.

"Trust fund", the smart growth housing trust fund established by section 35BB of chapter 10.

Section 3. In its zoning ordinance or by-law, a city or town may adopt a smart growth zoning district in an eligible location and may include adjacent areas that are served by existing infrastructure and utilities, and that have pedestrian access to at least 1 destination of frequent use, such as schools, civic facilities, places of commercial or business use, places of employment, recreation or transit stations. A smart growth zoning district ordinance or by-law, or any amendment to or repeal of such ordinance or by-law, shall be adopted in accordance with section 5 of chapter 40A.

In creating such a district, a city or town may include qualifying areas within development districts approved by the economic assistance coordinating council pursuant to chapter 40Q or any area approved by a city or town as an urban center housing tax-increment financing zone pursuant to section 60 of chapter 40. In smart growth zoning districts, a city or town shall zone for primary residential use as of right and may also permit business, commercial or other uses consistent with primary residential use.

Section 4. (a) Upon application by a city or town, the department shall make a preliminary determination, before the city or town votes on a proposed smart growth zoning ordinance or bylaw, whether the district would be eligible for the financial incentives and the priorities for state expenditures set forth in section 9. The department's determination shall be communicated to the city or town in a letter of eligibility. If the department denies the application, it shall inform the applicant of the deficiencies in its submission. A city or town may re-apply for approval after addressing any deficiencies in a prior application. If the department does not act upon a complete and approvable application within 60 days of receipt, the application shall be deemed approved.

(b) After issuance of a letter of eligibility and upon application of the town with proof of adoption of the smart growth zoning district ordinance or by-law included in the application for a letter of eligibility, along with any amendment required by the department in the letter of eligibility, the department shall confirm its approval within 30 days of receipt of the application.

Section 5. The chief executive of a city or town desiring to adopt a smart growth zoning district ordinance or by-law shall submit the necessary materials to the department for a preliminary determination of eligibility for approval. The information in the application shall:

(a) identify and describe the boundaries of the proposed smart growth zoning district;

(b) identify and describe the developable land area within the proposed smart growth zoning district;

(c) identify and describe other residential development opportunities for infill housing and the residential re-use of existing buildings and under-utilized buildings within already developed areas;

(d) include a comprehensive housing plan, as set forth in section 8;

(e) include a copy of the proposed smart growth district ordinance or by-law;

(f) by narrative and exhibits, establish the elements set forth in section 6.

Section 6. (a) A proposed smart growth zoning district shall satisfy the following minimum requirements:

1. The proposed district shall be located in an eligible location;

2. The zoning for the proposed district shall provide for residential use to permit a mix of housing such as for families, individuals, persons with special needs or the elderly.

3. Housing density in the proposed district shall be at least 20 units per acre for multi-family housing on the developable land area: 8 units per acre for single-family homes on the developable land area; and 12 units per acre for 2 and 3 family buildings on the developable land area.

4. The zoning ordinance or by-law for each proposed district shall provide that not less than 20 per cent of the residential units constructed in projects of more than 12 units shall be affordable, as defined in section 2, and shall contain mechanisms to ensure that not less than 20 per cent of the total residential units constructed in each district shall be affordable.

5. A proposed district shall permit infill housing on existing vacant lots and shall allow the provision of additional housing units in existing buildings, consistent with neighborhood building and use patterns, building codes and fire and safety codes.

6. A proposed smart growth zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits.

7. A proposed district shall not impose restrictions on age or any other occupancy restrictions on the district as a whole. This shall not preclude the development of specific projects that may be exclusively for the elderly, the disabled or for assisted living. Not less than 25 per cent of the housing units in such a project shall be affordable housing.

8. Housing in a smart growth zoning district shall comply with federal, state and local fair housing laws.

9. A proposed district may not exceed 15 per cent of the total land area in the city or town. Upon request, the department may approve a larger land area if such approval serves the goals and objectives of the chapter.

10. The aggregate land area of all approved smart growth zoning districts in the city or town may not exceed 25 per cent of the total land area in the city or town.

11. Housing density in a proposed district shall not over burden infrastructure as it exists or may be practicably upgraded in light of anticipated density and other uses to be retained in the district.

12. A proposed smart growth zoning district ordinance or by-law shall define the manner of review by the approving authority in accordance with section 11 and shall specify the procedure for such review in accordance with regulations of the department.

(b) A city or town may modify or eliminate the dimensional standards contained in the underlying zoning in the smart growth zoning district ordinance or by-law in order to support desired densities, mix of uses and physical character. The standards that are subject to modification or waiver may include, but shall not be limited to, height, setbacks, lot coverage, parking ratios and locations and roadway design standards. Modified requirements may be applied as of right throughout all or a portion of the smart growth zoning district, or on a project specific basis through the smart growth zoning district plan review process as provided in the ordinance or by-law. A city or town may designate certain areas within a smart growth zoning district as dedicated perpetual open space through the use of a conservation restriction as defined in section 31 of chapter 184 or other effective means. The amount of such open space shall not be included as developable land area within the smart growth zoning district. Open space may include an amount of land equal to up to 10 per cent of what would otherwise be the developable land area if the developable land would be less than 50 acres, and 20 per cent of what would otherwise be the developable land area if the developable land area would be 50 acres or more.

(c) The zoning for the proposed district may provide for mixed use development.

(d) A smart growth zoning district may encompass an existing historic district or districts. A city or town, with the approval of the department, may establish a historic district in an approved smart growth zoning district in accordance with chapter 40C, so long as the establishment of the historic district meets requirements for such a historic district and does not render the city or town noncompliant with this chapter, as determined by the department. The historic districts may be coterminous or non-coterminous with the smart growth zoning district. Within any such historic district, the provisions and requirements of the historic district may apply to existing and proposed buildings.

(e) A city or town may require more affordability than required by this chapter, both in the percentage of units that must be affordable, and in the levels of income for which the affordable units must be accessible, provided, however, that affordability thresholds shall not unduly restrict opportunities for development.

(f) With respect to a city or town with a population of fewer than 10,000 persons, as determined by the most recent federal decennial census, for hardship shown, the department may, pursuant to regulations adopted under this chapter, approve zoning for a smart growth zoning district with lower densities than provided in this chapter, if the city or town satisfies the other requirements set forth in this section; provided, however, that such approval shall not be withdrawn solely because, in a future census, the population of the city or town exceeds 10,000.

(g) Any amendment or repeal of the zoning for an approved smart growth zoning district ordinance or by-law shall not be effective without the written approval by the department. Each amendment or repeal shall be submitted to the department with an evaluation of the effect on the city or town's comprehensive housing plan described in section 8. Amendments shall be approved only to the extent that the district remains in compliance with this chapter. If the department does not respond to a complete request for approval of an amendment or repeal within 60 days of receipt, the request shall be deemed approved.

(h) Nothing in this chapter shall affect a city or town's authority to amend its zoning ordinances or by-laws under chapter 40A, so long as the changes do not affect the smart growth zoning district.

Section 7. (a) On or before October 1 of each year after the year of approval of a district by the department, the department shall send a smart growth zoning district certificate of compliance to each city or town with an approved district. In order to receive such a certificate, the city or town shall verify within the time specified by the department:

1. that the city or town has adopted an approved a smart growth zoning district;

2. that the certification has not been revoked by the department;

3. that the district is being developed in a manner that reasonably complies with the minimum requirements set forth in section 6 for housing density and affordability;

4. that the approving authority has not unreasonably denied plans for projects, or has only denied plans for projects in a manner consistent with its smart growth zoning district ordinance or by-law, the city or town's comprehensive housing plan and this chapter.

(b) If the department is unable to certify compliance, the department shall hold a public hearing subject to chapter 30A. If the department concludes that the city or town is in material noncompliance with the requirements set forth in this section, the department may revoke certification. A revocation of certification shall be recorded with the registry of deeds or land court registry district for the county or district within which the city or town is located, indexed in the grantor index under the name of the city or town. Any revocation of certification or other sanctions imposed by the department shall not affect the validity of the smart growth zoning ordinance or by-law, or the application of such ordinance or by-law to land, development or proposed development within the smart growth zoning district.

Section 8. A city or town shall prepare a comprehensive housing plan to be submitted for review and approval to the department before or concurrently with the city or town's application for a letter of eligibility. The plan shall include an estimate of the projected number of units of new construction that could be built in the proposed smart growth zoning district. If a city or town has already completed a comprehensive housing plan, the city or town shall submit with its application to the department a description of how the proposed smart growth zoning district relates to and will further the goals of its comprehensive housing plan, as well as an estimate of the projected number of units of new construction that could be build within the district.

Section 9. Each city or town with an approved smart growth zoning district shall be entitled to payments as described below.

(a) Within 10 days of confirmation of approval by the department of a smart growth zoning district, the commonwealth shall pay from the trust fund a zoning incentive payment, according to the following schedule:

Projected Units of New Construction Payment

Up to 20 $10,000

21 to 100 $75,000

101 to 200 $200,000

201 to 500 $350,000

501 or more $600,000

The projected number of units shall be based upon the zoning adopted in the smart growth zoning district and consistent with the city or town's comprehensive housing plan.

(b) The commonwealth shall pay from the trust fund a one-time density bonus payment to each city or town with an approved smart growth zoning district. This payment shall be $3,000 for each housing unit of new construction that is created in the smart growth zoning district. The amount due shall be paid on a unit-by-unit basis, within 10 days of submission by a city or town of proof of issuance of a building permit for a particular housing unit or units within the district.

(c) The executive office of environmental affairs, the executive office of transportation, the department of housing and community development and the secretary of administration and finance shall, when awarding discretionary funds, use a methodology of awarding such funds that favors cities or towns with approved smart growth zoning districts or other approved zoning policies or initiatives that encourage increased affordable housing production in the commonwealth including, but not limited to, inclusionary zoning.

Section 10. A city or town may adopt, in accordance with the regulations of the department, design standards applicable to projects undergoing review by the approving authority, to ensure that the physical character of development within the smart growth zoning district is complementary to adjacent buildings and structures and is consistent with the comprehensive housing plan and any applicable master plan or plans for the city or town. Such standards may address the scale and proportions of buildings, the alignment, width and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs and buffering in relation to adjacent properties. The standards shall provide for high-density quality development consistent with the character of building types, streetscapes and other city or town features traditionally found in densely settled areas of the city or town or in the region of the city or town.

A design standard shall not be adopted if it will add unreasonable costs to residential or mixed-use developments. A design standard shall not unreasonably impair the economic feasibility of proposed projects. The department may disapprove a request for the determination of eligibility for a smart growth zoning district on account of a design standard adding such unreasonable costs or unreasonably impairing such feasibility.

Section 11. (a) A city or town may incorporate provisions within the smart growth district zoning ordinance or by-law that prescribe contents of an application for approval of a project. The ordinance or by-law may require the applicant to pay for reasonable consulting fees to provide peer review of the applications for the benefit of the approving authority. Such fees shall be held by the municipality in a separate account and used only for expenses associated with the review of the development application by outside consultants and any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith. The smart growth zoning district ordinance or by-law may provide for the referral of the plan to municipal officers, agencies or boards other than the approving authority for comment. Any such board, agency or officer shall provide any comments within 60 days of its receipt of a copy of the plan and application for approval.

(b) An application to an approving authority for approval under a smart growth zoning ordinance or by-law shall be governed by the applicable zoning provisions in effect at the time of the submission, while the plan is being processed, during the pendency of any appeal and for 3 years after approval. If an application is denied, the zoning provisions in effect at the time of the application shall continue in effect with respect to any further application filed within 2 years after the date of the denial except as the applicant may otherwise choose.

(c) An application for approval under this section shall be filed by the applicant with the city or town clerk and a copy of the application including the date of filing certified by the town clerk shall be filed forthwith with the approving authority. The approving authority shall hold a public hearing for which notice has been given as provided in section 11 of chapter 40A. The decision of the approving authority shall be made, and a written notice of the decision filed with the city or town clerk, within 120 days of the receipt of the application by the city or town clerk. The required time limits for such action may be extended by written agreement between the applicant and the approving authority, with a copy of such agreement being filed in the office of the city or town clerk. Failure of the approving authority to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan. The applicant who seeks approval of a plan by reason of the failure of the approving authority to act within such time prescribed, shall notify the city or town clerk, in writing within 14 days from the expiration of said 120 days or extended time, if applicable, of such approval and that notice has been sent by the applicant to parties in interest. The applicant shall send such notice to parties in interest by mail and each such notice shall specify that appeals, if any, shall be made pursuant to this section and shall be filed within 20 days after the date the city or town clerk received such written notice from the applicant that the approving authority failed to act within the time prescribed.

(d) The approving authority shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the city or town clerk and that all plans referred to in the decision are on file with the approving authority. If 20 days have elapsed after the decision has been filed in the office of the city or town clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the city or town clerk shall so certify on a copy of the decision. If the plan is approved by reason of the failure of the approving authority to timely act, the clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant.

(e) The project shall be approved by the approving authority subject only to those conditions that are necessary: (1) to ensure substantial compliance of the proposed project with the requirements of the smart growth zoning district ordinance or by-law; or (2) to mitigate any extraordinary adverse impacts of the project on nearby properties. An application may be denied only on the grounds that: (i) the project does not meet the conditions and requirements set forth in the smart growth zoning district ordinance or by-law; (ii) the applicant failed to submit information and fees required by the ordinance or by-law and necessary for an adequate and timely review of the design of the project or potential project impacts; or (iii) it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

(f) Any court authorized to hear appeals under section 17 of chapter 40A shall be authorized to hear an appeal from a decision under this section by a party who is aggrieved by such decision. Such appeal may be brought within 20 days after the decision has been filed in the office of the city or town clerk. Notice of the appeal, with a copy of the complaint shall be given to such city or town clerk so as to be received within such 20 days. Review shall be based on the record of information and plans presented to the approving authority. To avoid delay in the proceedings, instead of the usual service of process, the plaintiff shall within 14 days after the filing of the complaint, send written notice thereof, with a copy of the complaint, by delivery or certified mail to all defendants, including the members of the approving authority, and shall within 21 days after the entry of the complaint file with the clerk of the court an affidavit that such notice has been given. If no such affidavit is filed within such time, the complaint shall be dismissed.

(g) A complaint by a plaintiff challenging the approval of a project under this section shall allege the specific reasons why the project fails to satisfy the requirements of this chapter or other applicable law and allege specific facts establishing how the plaintiff is aggrieved by such decision. The approving authority's decision in such a case shall be affirmed unless the court concludes the approving authority abused its discretion under subsection (e) in approving the project. The applicant and all members of the approving authority shall be named as defendant parties.

(h) A plaintiff seeking to reverse approval of a project under this section shall post a bond in an amount to be set by the court that is sufficient to cover twice the estimated: (i) annual carrying costs of the property owner, or a person or entity carrying such costs on behalf of the owner for the property, as may be established by affidavit; plus (ii) an amount sufficient to cover the defendant's attorneys fees, all of which shall be computed over the estimated period of time during which the appeal is expected to delay the start of construction. The bond shall be forfeited to the property owner in an amount sufficient to cover the property owner's carrying costs and legal fees less any net income received by the plaintiff from the property during the pendency of the court case in the event a plaintiff does not substantially prevail on its appeal.

(i) An applicant for plan approval who appeals from a project denial or conditional approval shall identify in its complaint the specific reasons why the approving authority's decision fails to satisfy requirements of this chapter or other applicable law. The approving authority shall have the burden of justifying its decision by substantial evidence in the record.

(j) The land court department, the superior court department and the housing court department shall have jurisdiction over an appeal under this section and shall give priority to such an appeal.

(k) The first paragraph of section 16 of chapter 40A shall not apply to applications for projects within a smart growth zoning district.

(l) A project approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within 2 years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be provided in an approval for a multi-phase project.

Section 12. The department shall be responsible for the administration, review, and reporting on the smart growth zoning district program as provided in this chapter. The department shall undertake or cause to be undertaken an annual review and the preparation of a report on the program set forth in this chapter and may require data to be provided by cities and towns with smart growth zoning districts. The report shall be prepared on the basis of such data and shall be made available to the general public and submitted to the general court annually not later than November 15 of each year, and shall cover the status of the program through the end of the prior fiscal year. The report shall identify and describe the status of cities and towns that are actively seeking letters of eligibility. It shall identify approved smart growth zoning districts and the amounts and anticipated timing of one-time density bonus payments during the prior and current fiscal year. It shall summarize the amount of land areas zoned for particular types of projects in both proposed and approved districts, the number of projects being reviewed by cities and towns under section 11, including the number and type of proposed residential units, the number of building permits issued, the number of completed housing units and their type, and it shall set out the one-time density bonus payments made to each city or town. For the then current and the immediately succeeding fiscal years it shall make estimates for the: (i) number and size of proposed new districts; (ii) the potential number of residential units to be allowed in new districts; and (iii) anticipated construction activity.

Section 13. A city or town may apply to the department for approval of an existing zoning district as a smart growth zoning district if it meets the requirements for such a district, including the affordability requirements and the density requirements. The application shall be the same as for a new smart growth zoning district. Upon approval, a city or town with an existing district shall become entitled to the one-time density bonus payments upon the construction of new units within the smart growth zoning district and preference of capital expenditure funds, as provided in section 9, from the date of approval, but shall not be eligible for zoning incentive payments.

Section 14. The department shall require the cities and towns, if within 3 years no construction has been started within the smart growth zoning district, to repay to the department all monies paid to the city or town under this chapter for said smart growth zone. The 3 years shall commence on the date of the payment of the zoning incentive payment for said smart growth zoning district. All monies returned to the department under this section shall be returned to the trust fund.

SECTION 93. Section 108L of chapter 41 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following 10 paragraphs:-

Only graduates of: (1) criminal justice or law enforcement programs that meet or exceed the guidelines for criminal justice and law enforcement programs, as set forth by the board of higher education and implemented on January 1, 2004; or (2) law schools that are New England Association of School and Colleges accredited or board approved and who have passed the Massachusetts bar examination, shall be eligible for the police career incentive pay program.

The president of a New England Association of Schools and Colleges accredited institution or board of higher education approved institution shall submit a letter of intent to seek approval of its criminal justice degree program to the chancellor of higher education by May 1 of the year in which the institution intends to submit an application. The letter of intent shall include a statement of commitment to implement Standard D, Admission and Articulation, for all students enrolling in a criminal justice or law enforcement program after May 1 of the calendar year in which the letter is submitted. All programs shall meet the guidelines for criminal justice and law enforcement programs as approved by the board of higher education.

An application for approval as a police career incentive pay program participating institution shall be developed by the board of higher education and shall include the following: (1) a profile of the program; (2) demonstration of the program's fulfillment of the standards as stated in the guidelines; and (3) an application fee to cover the evaluation costs of the review process. Applications shall be submitted according to the timetable established by the board of higher education.

Each institution shall pay an evaluation fee to the board of higher education's police career incentive pay program quality assurance trust fund to cover the costs of review of its program. In addition to the fee, the institution shall pay for travel, room, board and other normal expenses of the external evaluation committee. If the committee requires subsequent visits, the board of higher education shall charge for further expenses at its discretion. Evaluation fees shall be determined by the total number of degrees awarded to all students enrolled in the criminal justice and law enforcement program being reviewed based on an average of the 3 years immediately prior to the submission of the application.

Fees shall be determined by the total number of degrees awarded to all students in the criminal justice and law enforcement program being reviewed in the following manner: $1,000 for institutions awarding fewer than 20 criminal justice or law enforcement degrees per year; $1,500 for institutions awarding between 20 and 50 criminal justice or law enforcement degrees per year; $2,000 for institutions awarding between 51 and 100 criminal justice or law enforcement degrees per year; $2,500 for institutions awarding between 101 and 150 criminal justice or law enforcement degrees per year; $3,000 for institutions awarding between 151 and 200 criminal justice or law enforcement degrees per year; and $3,500 for institutions awarding over 200 criminal justice or law enforcement degrees per year.

Once an application is submitted, the following timetable shall apply: (1) within 30 business days, board staff shall determine whether or not the application is complete and notify the institution; (2) within 30 business days of notification to the institution that the application is complete, an external evaluation committee shall be appointed in accordance with the guidelines; (3) within 30 business days of completing the evaluation of a program's application, the external evaluation committee shall submit a report to board staff; (4) within 30 business days of receipt of the report, board staff shall send the committee's report to the institution with a response required; (5) the institution may request an extension, if needed, to respond adequately to the committee's report; (6) within 30 business days of receiving the institution's response, the staff of the board shall evaluate materials submitted by the institution, the committee's written report, the written response from the institution, and any additional information submitted by the institution, including a request for a delay; (7) based on its review, board staff shall make a recommendation to the board for deferral, approval, or disapproval, and the board shall take action by formal vote; and (8) if the board's determination is to disapprove the institution's request, the board shall provide a statement of reasons for the decision.

Programs approved by the board of higher education shall be included on an approved program list for 5 years. The institutions shall annually submit a status report on its approved programs to the board. Programs receiving deferrals from the board shall receive specific conditions that must be met and a timetable for coming into compliance. Programs not approved by the board may not re-apply for at least 1 calendar year following the board's determination.

When, in the judgment of the board staff, a review or inspection of a degree program is necessary, the board, in consultation with the applicant institution, shall select and appoint an external evaluation committee to serve in the following manner: (1) the committee shall review the materials submitted by the program, visit the institution, and submit a report to the board containing recommendations regarding the programs request for approval; (2) the number of reviewers on the committee shall be determined by size, number and level of the program being reviewed and shall, under no circumstances have fewer than 2 academicians; (3) to be eligible to serve as an evaluator, individuals shall have earned at least a master's degree in criminal justice or a closely related discipline and academic team members shall have professional experience in college-level teaching, research, administration or other relevant activities with institutions of higher education, and practitioners shall have at least 5 years of full-time supervisory or administrative experience as a criminal justice practitioner, as well as specific knowledge of or experience in criminal justice education; (4) no person shall serve as an evaluator who is employed by an institution considered by the board to be in direct competition with the institution under review; (5) no person shall serve as an evaluator who has a present or recent official or unofficial connection with the institution under review, or who the board has reason to believe has independent or pecuniary interest in the outcome of the board's final action; provided, however, that external evaluators shall have a disinterested professional commitment to the task of rendering objective finding and recommendations based upon empirical evidence and informed judgments; (6) each committee shall have a chairperson who shall be responsible for providing leadership to the committee, for being the committee's liaison with the institution and for preparing with other committee members, the committee's report; (7) the committee shall submit a written report, including recommendations to the board, and board staff shall forward a copy of the report to the institution to correct factual errors and respond to the content and recommendations within the report; (8) evaluators shall be given an honorarium by the board of higher education and all expenses shall be paid by the institution under review; and (9) evaluators shall be provided an orientation before conducting reviews.

Annually, each approved institution shall submit 2 copies of a report to the board reviewing the status of the institution's criminal justice and law enforcement program. This report shall certify that the criminal justice program is being maintained and operated within the provisions and guidelines set forth by the board of higher education guidelines for criminal justice and law enforcement programs. If at any time, in the judgment of the board staff, there is a reasonable probability of non-compliance with the board's guidelines by a particular institution, the board may review the institution to determine if continued approval of the institution is proper.

An institution that is in objection of an adverse decision may appeal the board's determination. The appeal shall be heard by a review panel appointed by the board of higher education and the findings and recommendations of the panel shall be received by the board whose decision shall be final.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 94.
The General Laws are hereby amended by inserting after chapter 43C the following chapter:-

CHAPTER 43D.

Expedited Permitting.

Section 1. This chapter shall apply in a city or town upon its acceptance under section 4 of chapter 4. Sections 2 to 5, inclusive, shall be adopted together, but collectively may be adopted without section 6. If section 6 is adopted, then sections 2 to 5, inclusive, shall also be adopted. The adoption of any portion of this chapter shall be considered to be an amendment to any contrary laws, local charters or laws having the force of charters.

Section 1A. The secretary of administration and finance shall collaborate with the commissioner of revenue and the state treasurer to develop incentives that expedite local permitting and zoning consistent with this chapter. Said incentives may include, but shall not be limited to, use of payments pursuant to section 25A of chapter 58 to cities and towns, or other forms of fiscal incentives. Said secretary shall report to the house and senate committees on ways and means not later than November 1, 2004, on any such recommendations necessary to implement the incentives proposed to effectuate such expedited permitting, including any related legislation.

Section 2. The following words shall have the following meanings unless the context clearly requires otherwise:

"Issuing authority", a local board, commission, department or other municipal entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development.

"Municipality", the locality acting through the relevant issuing authority as it pertains to actions required or allowed by this chapter.

"Office", the municipal office of permit coordination provided for in subsection (b) of section 3.

"Permit", a permit, formal determination, order of conditions, license, certificate, authorization, registration, plan approval, zoning relief or other approval or determination with respect to the use or development of land or structures required by any issuing authority including, but not limited to, those under statutory authorities contained in chapter 40A, sections 81A to 81J, inclusive, and sections 81X to 81GG, inclusive, of chapter 41, sections 40 and 40A of chapter 131, sections 26 to 32, inclusive, of chapter 111, chapter 40C, sections 13 and 14 of chapter 148, chapter 772 of the acts of 1975, or otherwise under state law or local by-law or ordinance adopted under home rule authority, and all associated regulations, bylaws and rules, but not including building permits or approvals pursuant to sections 81O to 81W, inclusive, of chapter 41. "Permit" shall not include the licensing of an individual to engage in a profession or the decision of an agency to dispose of property under its management or control. "Permit" shall also not include predevelopment reviews conducted by the municipal office of permit coordination or a technical review team. Permits and approvals shall not include permits and approvals granted by the Massachusetts Water Resources Authority under its authority or under authority delegated from an agency otherwise covered by this chapter. Permits and approval actions taken pursuant to a federal delegation shall be excepted only to the extent that the terms of such delegation are inconsistent with this chapter.

"Technical review team", an informal working group consisting of representatives of the various issuing authorities designated by the head of their issuing authority, to review requests submitted under the procedures established pursuant to sections 3 to 6, inclusive. The technical review team shall not include members of the zoning board of appeals.

Section 3. (a) The municipality shall, within 180 days of acceptance of any of the provisions of sections 2 to 6, inclusive, amend where necessary, rules and regulations on permit issuance to conform with those sections and may adopt guidelines consistent with this chapter. The municipality shall collect and ensure the availability of, and the issuing authorities shall memorialize and ensure the availability of, all governing statutes, local ordinances, by-laws, regulations, procedures and protocols pertaining to each permit. The municipality is encouraged to compile a comprehensive permitting process guidebook and to provide other informational assistance relative to permitting through a single point of contact established pursuant to subsection (b).

(b) A city or town shall establish or designate an existing office or staff member to serve as a single point of contact for the purposes of coordinating and facilitating the land use permitting process. The office or staff member so designated shall be the municipal office of permit coordination, hereinafter referred to as the office. In fulfilling the functions established in this chapter, the office shall consult with the authorities having substantive jurisdiction over the issuance of permits. To the greatest extent possible, the office shall fulfill the procedural responsibilities of the municipality.

(c) The municipality, to the greatest extent possible, shall establish a procedure for coordinated and concurrent review of all permit reviews required for a single project and, where feasible, shall coordinate municipal review with state review. Nothing in sections 2 to 6, inclusive, shall be construed to alter the substantive jurisdictional authority of issuing authorities.

(d) The municipality, through the office, shall establish a procedure whereby the municipality shall identify, based upon submission by the applicant of a form provided by the municipality all permits, reviews and predevelopment reviews required for a project; all required scoping sessions, public comment periods and public hearings; and all additional specific applications and supplemental information required for review, including, where applicable, the identification of potential conflicts of jurisdiction or substantive standards with abutting municipalities. The municipality shall notify the applicant of such requirements in writing within 20 business days from receipt of the completed form. The municipality may provide for pre-application conferences to facilitate this process.

The office and the applicant may publish an early notice in a local paper, and a statewide paper or the Environmental Monitor, with a description of the project and scope of review preliminarily suggested by the office. The early notice shall be in addition to any required notice for required public hearings and may, at the municipality's option, direct inquiries to either the office or the applicant.

The failure of a municipality to notify an applicant of a requirement of a public hearing or comment period shall not waive the legal requirement for any such requirement. If, at any time, an issuing authority determines that a permit or other predevelopment review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall, where public notice and comment or hearing are not required, complete action on the application filed for the previously unidentified permit within 35 days of receipt of the completed application or not later than the latest required decision date for a pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be not later than 35 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows.

(e) The municipality shall establish a procedure, following the notification of the required submissions for review as set forth in subsection (d), for determining the completeness of the submission by the applicant of all materials required for the review of the project, which shall be not later than 10 business days after receipt of the application materials. If the municipality fails to send notification that an application is not complete within that time period, the application shall be considered complete. If the municipality determines the application is not complete, the written notice shall include a concise statement regarding the reasons why the application is incomplete. The resubmission of the application or the submission of such additional information required by the municipality shall commence a new period for review of the additional information for purposes of determining completeness. A finding that the application is complete shall not prevent the municipality from requesting additional information during the course of project review.

(f) The municipality shall, within 180 days after acceptance of any provision of sections 2 to 6, inclusive, establish time periods within which all permit reviews shall be conducted and completed. The timelines shall begin to run upon issuance of the notice that the application materials are complete pursuant to subsection (e). The timeline shall not exceed 90 days for reviews which do not require public hearings and 120 days for reviews which require a public hearing. The procedure shall provide for the consolidation of public hearings and public notices. Public notices shall appear in a local newspaper and the Environmental Monitor at least twice before the hearing date. At the written request of 10 citizens, an additional public hearing shall be held, if the 120-day time period for review, established under this section, has not been exceeded. Where appropriate, the municipality may establish general permits and permits by rule which shall consist of standards of performance specified by the issuing authority and shall be authorized after a written filing by the applicant.

(g)(1) If the issuing authority fails to act within the time period established by the municipality pursuant to subsection (f), the relief requested shall be considered granted by operation of law. In that event, within 14 days from the date of expiration of the time period, the applicant shall file an affidavit with the city or town clerk, attaching the application, setting forth the facts giving rise to the automatic approval and stating that notice of the automatic grant has been mailed, by certified mail, to all parties to the proceedings and all person entitled to such notice of hearing in connection with the application. Appeals from the automatic grant, if any, shall be filed by an aggrieved person within 20 days after the date the city or town clerk received the affidavit in accordance with section 17 of chapter 40A. A plaintiff shall provide written notice of the action with a copy of the complaint to all parties on the administrative record within 10 business days after filing the complaint and an affidavit of the notice shall be filed with the court. If the affidavit is not filed within that time, the complaint shall be dismissed. The court shall advance any action so that it may be heard and determined as soon as possible. The court shall hear all evidence and determine the facts, and upon the facts determined, shall issue a decree as justice and equity may require.

(2) An automatic grant of approval shall not occur where: (i) the city or town has made a timely determination that the application is not complete in accordance with its regulations; (ii) the final application contained false or misleading information; or (iii) substantial changes to the project which affect the information required to process the permit application have occurred since the filing of the application.

(3) A time period specified in this section may be waived or extended for good cause by written request of the applicant with the consent of the municipality or by the written request of the head of the issuing authority with the consent of the applicant. A time period specified by this section shall be extended when the issuing authority determines in writing either: (i) that action by another federal, state or municipal government agency is required before the issuing authority may act; (ii) that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or (iii) that enforcement proceedings which could result in revocation of an existing permit for that facility or activity and denial of the application have been commenced. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, and shall complete its decision within the time periods specified in this section, beginning the day after the notice is issued. Any time period specified in this section may be extended by the head of the issuing authority where significant public comment has been received which would, on its face, appear to constitute grounds for the issuing authority to deny the permit or significantly modify the permit. An extension of a time period shall be filed by the issuing authority with the city or town clerk before the end of the otherwise applicable time period.

(4) An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application in accordance with sections 2 to 5, inclusive and section 6, where applicable.

(h) The municipality shall establish an informal procedure to allow permit applicants to obtain advisory review by a technical review team of any issue of law, policy, procedure, or classification that the applicant claims is in dispute between the applicant and the issuing authority which has affected or will affect the ability of the applicant to obtain timely review of the permit application. Procedures shall provide for filing by the applicant of a request for review, representation by the permit issuing authority on the technical review team, and a period not to exceed 30 days for issuance of a decision. Invocation of this procedure shall toll the review time periods. An advisory determination or ruling made pursuant to a procedure established in this section shall not constitute a decision or final action and shall not be subject to any right of administrative or judicial review.

In addition to any fees that may be assessed by an issuing authority pursuant to sections 53 and 53G of said chapter 44, the office may establish an additional and separate fee for the carrying out of its duties under any provision of sections 2 to 7, inclusive, and may deposit the fees in a special account. The account shall be established by the municipal treasurer in the municipal treasury and shall be kept separate and apart from other monies. The special account, including accrued interest, if any, shall be expended at the direction of the office or another office designated to serve as that office, without further appropriation; provided, however, that the funds shall be expended by it only in connection with carrying out its responsibilities under any provision of sections 2 to 7, inclusive. At the sole discretion of the office, an annual surplus in fees may be used for the development of the regional plans, subject to matching funds by the municipal legislative body.

Section 4. An administrative appeal from a permitting decision shall be filed within 21 days after the issuing authority renders a decision. Nothing in this section shall be construed to create rights of appeal where a statutory form of administrative review or appeal is not otherwise provided.

Section 5. (a) Permits shall transfer automatically to successors in title, except for permits where financial ability to meet permit requirements, posting of a bond or the qualifications of an applicant are a condition or requirement for obtaining the permit, and the permit expressly requires approval of the issuing authority before transfer. Within 180 days of the acceptance of sections 2 to 6, inclusive, the municipality shall publish in a local newspaper and in a statewide newspaper or the Environmental Monitor a list of all permits which require the approval of the authority before transfer.

(b) Issuing authorities having substantive jurisdiction over permit issuance, in consultation with the office, may develop procedures for simplified permit renewals and annual reporting requirements. If the procedures are not developed, renewals of permits shall be governed by the same procedures and timelines as specified in sections 2 to 5, inclusive, and section 6, where applicable.

(c) Permit modification requests shall be reviewed by an issuing authority within time frames set forth in this paragraph. An issuing authority shall inform an applicant within 15 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or additional information is required by the issuing authority in order to issue a decision. If additional information is required, the issuing authority shall inform an applicant within 15 business days after receipt of the required additional information whether the modification is approved or denied or that additional information is still required by the issuing authority in order to render a decision. In cases in which the issuing authority determines that a requested modification is substantial, the original time frames for permit categories as set forth in subsection (f) of section 3 shall apply.

(d) Permits issued pursuant to sections 2 to 5, inclusive, shall expire 2 years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of 1 building shall preserve the permit validity. Nothing in this section shall limit the effectiveness of section 6 of chapter 40A.

Section 6. (a) A municipality which also accepts this section shall adopt procedures in this section for the designation and development of priority development sites.

(b) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Priority development site", a privately or publicly-owned, municipally-designated property which, at the request of the owner, is entitled to proceed with state and local permitting processes based upon a master plan of building sizes, categories of use and other relevant land use issues, including brownfields. There may be several different parcels or projects within a single priority development site.

"Priority master plan", a master plan for a priority development site which contains all information necessary to conduct a review of a priority development site for the purposes of state and municipal land use permits and reviews.

"Priority proposal", a document containing all information related to an actual proposed development project within a priority development site.

(c) To be eligible for designation as a priority development site, the property shall: (1) be commercially or industrially zoned; and (2) be eligible under applicable zoning provisions, including special permits or other discretionary permits, for the construction of a building of 90,000 square feet of gross floor area or more. Municipalities, with advice and consent of the Massachusetts office of business development, may designate a property which does not meet these criteria if they determine that a proposed property presents an important opportunity for a commercial or industrial use.

(d) To have a property designated as a priority development site, the owner of the property shall file a request with the office. The request shall include a description of the property and buildings and evidence of compliance with the eligibility criteria in this section. The municipality shall issue a decision within 20 days. Each municipality shall establish a procedure for reviewing requests and making designations and shall weight favorably plans which are consistent with existing or proposed area growth management and planning documents.

(e) If designated, the owner shall consult with the Massachusetts office of business development and the executive office of environmental affairs, which shall designate a high-level representative to coordinate this process, to develop the scope of information required for a priority profile.

(f) Any required reviews established under sections 61 to 62H, inclusive, of chapter 30 or sections 26 to 27C, inclusive, of chapter 9 shall be conducted concurrently and shall conclude within 120 days of a state determination of completeness of required review materials, as shall be established by the executive office of environmental affairs. The secretary of environmental affairs and the state secretary shall establish time frames for all required filings and additional filings by the applicant in order to comply with this subsection. In the event an applicant fails to comply with all relevant timeframes, the time shall be tolled until the applicant files the required documents.

(g) Notwithstanding any law to the contrary, a public notice or hearing necessitated by a proposed project on a priority development site shall be consolidated into a single hearing by the office and the commonwealth.

(h) A developer of a project within a priority development site shall file a priority proposal.

(i) The municipality and the executive office of environmental affairs shall prepare a form for priority proposals for priority development sites and shall designate 1 representative to review priority proposals. Municipal and state agencies shall render permit decisions within 60 days of issuance of receipt of a completed priority proposal which falls within the priority profile or which falls within 10 per cent differential of the priority profile, and within 90 days for all other priority proposals.

(j) Permits and approvals issued relative to a priority development site shall expire 5 years from the date of issuance unless exercised sooner. A project or parcel for which a priority proposal has been filed within the 5-year period shall be eligible for this process. Changes in the law subsequent to the issuance of permits based upon the priority proposal shall not invalidate the permits or review certificates.

(k) A priority development site shall also be eligible for the following benefits:

(1) priority consideration for Community Development Action Grants and Public Works Economic Development Grants;

(2) accelerated consideration for other state resources such as quasi-public financing and training programs;

(3) brownfields remediation assistance; and

(4) enhanced marketing of the site by the Massachusetts office of business development.

(l) This section shall not apply where the municipality and commonwealth determine that the priority master plan or any required submissions have omitted requested or relevant information or contained false or misleading information.

Section 7. If any part of sections 1 to 6, inclusive, shall be found by a court of law to be unconstitutional, invalid or in conflict with federal or state requirements which are a condition precedent to the allocation of federal or state funds to a municipality or with the delegation of a federal or state permitting program, the remainder of these sections shall not be affected thereby.

SECTION 95. Section 1 of chapter 44 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, after the definition of "Majority vote", the following definition:-

"Municipal finance oversight board", a board composed of the attorney general, the state treasurer, the state auditor, and the director of accounts in the department of revenue, or their designees.

SECTION 96. Clause (8) of section 8 of said chapter 44 is hereby amended by striking out the words "a board composed of the attorney general, the state treasurer, the state auditors, and the director of accounts, or their designees", inserted by section 25 of chapter 46 of the acts of 2003, and inserting in place thereof the following words:- the municipal finance oversight board.

SECTION 97. Clause (8A) of said section 8 of said chapter 44 is hereby amended by striking out the words "a board composed of the attorney general, the state treasurer, the state auditor, and the director of accounts, or their designees", inserted by section 26 of said chapter 46, and inserting in place thereof the following words:- the municipal finance oversight board.

SECTION 98. Said section 8 of said chapter 44 of the General Laws is hereby amended by striking out clause (15), inserted by section 27 of said chapter 46, and inserting in place thereof the following clause:-

(15) For the construction of sewers, sewerage systems and sewage treatment and disposal facilities, or for the lump sum payment of the cost of tie-in to such services in a contiguous city or town, for a period not exceeding 30 years; provided, however, that either (i) the city or town has an enterprise or special revenue fund for sewer services and that the accountant or auditor or other officer having similar duties in the city or town shall have certified to the treasurer that rates and charges have been set at a sufficient level to cover the estimated operating expenses and debt service related to the fund, or (ii) the issuance of the debt is approved by a majority of the members of the municipal finance oversight board.

SECTION 99. The first paragraph of section 10 of said chapter 44, as amended by section 32 of said chapter 46, is hereby further amended by striking out the words "a board comprised of the attorney general, the state treasurer, the state auditor, and the director of accounts, or their designees" and inserting in place thereof the following words:- the municipal finance oversight board.

SECTION 100. Section 1 of chapter 44A of the General Laws, as amended by section 37 of said chapter 46 of the acts of 2003, is hereby further amended by striking out the definition of "Board".

SECTION 101. Said section 1 of said chapter 44A is hereby amended by inserting, after the definition of "Distributable aid", as appearing in the 2002 Official Edition, the following definition:-

"Municipal finance oversight board" or "Board" shall mean a board composed of the attorney general, the state treasurer, the state auditor, and the director of accounts in the department of revenue, or their designees.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 102.
Section 9A of chapter 55 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 6, the words "said contributor's" and inserting in place thereof the following words:- the contributor's employer, or the contributor's.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 103.
Said section 9A of said chapter 55, as so appearing, is hereby further amended by inserting after the word "the", in line 15, the second time it appears, the following:- contributor's employer, or the.


The Governor returned with recommendation of amendment, see H4909.
SECTION 104.
Section 13 of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "environmental management" and inserting in place thereof the following words:- conservation and recreation.

SECTION 105. Clause Forty-first of section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Any amount of money annually appropriated by the commonwealth for the purpose of reimbursing cities and towns for taxes abated under this clause, clause Forty-first B, clause Forty-first C, and clause Forty-first C 1/2 shall be distributed as hereinafter provided. The commissioner of revenue shall divide said sum by the number of exemptions under this clause, clause Forty-first B, clause Forty-first C and clause Forty-first C 1/2 granted in the preceding fiscal year and distribute to each city and town a pro rata share of said sum based upon the number of such exemptions granted in each city and town. If a city or town has elected to grant exemptions under clause Forty-first B, clause Forty-first C or clause Forty-first C 1/2 in lieu of this clause, the number of exemptions granted in such city or town, for purposes of this computation, shall not exceed the number of exemptions granted under this clause in such city or town in the most recent fiscal year in which such exemptions under this clause were granted. If a city of town has elected to grant exemptions under clause Forty-first C 1/2 in lieu of this clause, the value of exemptions granted, for purposes of this exemption, shall not be greater than $500 per residence for which an exemption is granted.

The Governor returned with recommendation of amendment, see H4910.
SECTION 106.
Said section 5 of said chapter 59, as so appearing, is hereby amended by inserting after clause Forty-first C the following clause:-

Forty-first C 1/2, Real property, of an amount equal to 5 per cent of the average assessed value of all Class One parcels within such city or town of the principal residence of a taxpayer as used by the taxpayer for income tax purposes of a person who has reached his seventieth birthday before to the fiscal year for which an exemption is sought and occupied by the person as his domicile, or of a person who owns the same jointly with his spouse, either of whom has reached his seventieth birthday before to the fiscal year for which an exemption is sought and occupied by them as their domicile, or for a person who has reached his seventieth birthday before to the fiscal year for which an exemption is sought who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile; provided: (A) that such person (1) has been domiciled in the commonwealth for the preceding 10 years, (2) has so owned and occupied such real property or other real property in the commonwealth for 5 years, or (3) is a surviving spouse who inherits such real property and has occupied such real property in the commonwealth 5 years and who otherwise qualified under this clause; and (B) that such taxpayer's gross receipts from all sources do not exceed the dollar amount calculated to be the income limits on a taxpayer's total income for a single individual who is not the head of a household for the purposes of paragraph (3) of subsection (k) of section 6 of chapter 62 for the most recently completed state tax year, as determined by the commissioner of revenue.

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) increasing the amount of the exemption to as much as 20 per cent of the average assessed value of all Class One parcels within such city or town; (2) reducing the requisite age of eligibility to any person age 65 years or older; and (3) reducing the residency requirements to not less than 5 years.

This clause shall take effect in any city or town upon its acceptance by such city or town for fiscal years commencing on or after July 1, 2004, or for fiscal years commencing on or after such later July 1 as the city or town may elect. In those cities and towns that accept this clause, clauses Forty-first, Forty-first B and Forty-first C shall not be applicable; provided, however, that any amount of money annually appropriated by the commonwealth for the purpose of reimbursing cities and towns for taxes abated under this clause, clause Forty-first, clause Forty-first B and clause Forty-first C shall be distributed as provided in said clause Forty-first.

SECTION 107. Section 57 of said chapter 59, as amended by section 52 of chapter 46 of the acts of 2003, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- A real estate tax bill sent out for fiscal year 2006 or any subsequent period pursuant to this section shall contain a statement that there exists a delinquency if any tax, betterment assessment or apportionment thereof, water rater, annual sewer use, or other charge which may constitute a lien is overdue more than 90 days.

SECTION 108. Section 57C of said chapter 59, Laws, as most recently amended by section 54 of said chapter 46 of the acts of 2003, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Section 57C. This section shall be applicable in any city or town which accepts this section for the purpose of establishing quarterly tax payments or semi-annual tax payments, notwithstanding section 57. Except as otherwise provided, a notice of preliminary tax for real estate and personal property shall be sent out no later than July 1 of each year. In the case of cities and towns with quarterly tax payments, the preliminary tax shall be due and payable in 2 installments, the first installment due on August 1, the second installment on November 1, after which dates if unpaid, they shall become delinquent and subject to interest as provided herein, and in the case of cities and towns with semi-annual tax payments, the preliminary tax shall be due and payable on October 1, after which date if unpaid, it shall become delinquent and subject to interest as provided herein. The preliminary tax shall in no event exceed 50 per cent of 102 1/2 per cent of the tax payable during the preceding fiscal year and of the amount by which such tax would have increased if any referendum question submitted to the voters under paragraph (g), (i 1/2), (j) or (k) of section 21C and approved for the fiscal year had been approved for the preceding fiscal year.

SECTION 109. Said section 57C of said chapter 59, as appearing in the 2002 Official Edition, is hereby further amended by inserting after the words "July first", in line 16, the following words:- by cities and towns with quarterly tax payments.

SECTION 110. The second paragraph of said section 57C of said chapter 59, as so appearing, is hereby amended by adding the following sentence:- Any notice of preliminary tax mailed after July 1 by cities and towns with semi-annual tax payments shall be due and payable October 1 after which date if unpaid, it shall become delinquent and subject to interest as provided herein; provided, however, that in the event that such notice is mailed after August 1, the notice shall be due and payable November 1, or 30 days after the date of mailing, whichever is later.

SECTION 111. Said section 57C of said chapter 59, as so appearing, is hereby further amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-

In the event that actual tax bills are not mailed by December 31, then the full balance of the actual tax bill issued upon establishment of the tax rate for the fiscal year, after credit is given for the preliminary tax payments previously made, shall be due and payable on May 1, or 30 days after the date of mailing, whichever is later.

SECTION 112. Said section 57C of said chapter 59, as so appearing, is hereby further amended by inserting after the words "December 31", in line 77, the following words:- by cities and towns with quarterly tax payments.

The Governor returned with recommendation of amendment, see H4911.
SECTION 113.
Section 6I of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 53, the word "five" and inserting in place thereof the following figure:- 10.

The Governor disapproved this section.
SECTION 114.
Said section 6I of said chapter 62, as so appearing, is hereby further amended by striking out, in line 54, the figure "2005"and inserting in place thereof the following figure:- 2010.

SECTION 115. Section 21 of chapter 62C of the General Laws, as most recently amended by section 1 of chapter 9 of the acts of 2003, is hereby further amended by adding the following clause:-

(21) the disclosure to the commissioner of probation of information as the commissioner may require for use in determining whether a person who has requested the appointment or assignment of counsel pursuant to chapter 211D is eligible for the services.

SECTION 116. The first sentence of the second paragraph of section 6A of chapter 62F of the General Laws, as appearing in section 203 of chapter 26 of the acts of 2003, is hereby amended by inserting after the words "Commonwealth Stabilization Fund," the second time they appear, the following words:- at the end of the fiscal year.

The Governor returned with recommendation of amendment, see H4912.
SECTION 117.
Section 31H of chapter 63 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 55, the word "five" and inserting in place thereof the following figure:- 10.

The Governor disapproved this section.
SECTION 118.
Said section 31H of said chapter 63, as so appearing, is hereby further amended by striking out, in line 56, the figure "2005" and inserting in place thereof the following figure:- 2010.

SECTION 119. Subsection (c) of section 1 of chapter 63A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:-

(3) An organization which is located within the boundaries of a Massachusetts army or air national guard base that serves as social club for members of the Massachusetts army or air national guard.

NO SECTION 120.

The Governor returned with recommendation of amendment, see H4913.
SECTION 121.
Subsection (a) of section 14 of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- In addition to other remedies provided by law, the commissioner shall assess against any retailer or wholesaler that violates this subsection a civil administrative fine of not more than $5,000 for a first offense, a civil administrative fine of not more than $15,000 for a second offense, and a civil administrative fine of not more than $30,000 with a report by the commissioner to the appropriate licensing authority or authorities for disciplinary action concerning the retailer's or wholesaler's license for a third or subsequent offense.

SECTION 122. Section 12 of chapter 64D of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be established within the executive office for administration and finance a county government finance review board, hereinafter referred to as the "board", consisting of the secretary for administration and finance or his designee, the commissioner of revenue or his designee, the secretary of public safety or his designee, the state auditor or his designee and a former Massachusetts sheriff, as appointed by majority vote of the Massachusetts Sheriff's Association. The secretary of administration and finance or his designee shall serve as chairperson of the board.

SECTION 123. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting, after the word "ninety-three" , in line 364, the following words:- ; meals served on the premises of an organization which is located within the boundaries of a Massachusetts army or air national guard base that serves as social club for members of the Massachusetts army or air national guard;.

SECTION 124. Subsection (d) of section 10 of chapter 66 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The home address and home telephone number of law enforcement, judicial, prosecutorial, department of youth services, department of social services, department of correction and any other public safety and criminal justice system personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180 or to a criminal justice agency as defined in section 167 of chapter 6. The name and home address and telephone number of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed. The home address and telephone number or place of employment or education of victims of adjudicated crimes, of victims of domestic violence and of persons providing or training in family planning services and the name and home address and telephone number, or place of employment or education of a family member of any of the foregoing shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.

The Governor disapproved this section.
SECTION 125.
Section 1I of chapter 69 of General Laws is hereby amended by striking out the tenth paragraph, as most recently amended by section 19 of chapter 65 of the acts of 2004, and inserting in place thereof the following paragraph:-

Annually, the principal of each school, jointly with the school council established pursuant to this section, shall adopt student performance goals for the schools consistent with the school performance goals established by the department of education pursuant to state and federal law and regulations and, consistent with any educational policies established for the district shall assess the needs of the school in light of those goals and formulate a school plan to advance the goals and improve student performance. The school's plan to support improved student performance shall include, but not be limited to, the same components required for district improvement plans and shall conform to department and district specifications to ensure that the school improvement plans meet state and federal law requirements. Each school improvement plan shall be submitted to the superintendent and the school committee for review and approval not later than July 1 of the year in which the plan is to be implemented, according to a plan development and review schedule established by the district superintendent.

The Governor returned with recommendation of amendment, see H4914.
SECTION 126.
Said chapter 69 is hereby amended by inserting after section 1M, as appearing in the 2002 Official Edition, the following section:-

Section 1N. (a) The department of education, hereinafter referred to as the department, shall establish a grant program, subject to appropriation, to be known as the alternative education grant program for the purpose of providing, grants to assist school districts, and Horace Mann and commonwealth charter schools with the development and establishment of alternative education programs and services to students suspended or expelled from school. The grants shall support the development of alternative education programs which would: (1) allow school districts to coordinate efforts to establish interdistrict regional alternative education collaboratives to provide educational services to suspended or expelled students: or (2) establish a district based alternative education program for those students. The grants may also be used to encourage the use of technology in alternative education programs. The grants shall also encourage voluntary expansion of existing alternative education programs in the commonwealth, and shall be used to provide alternative education programs for students who are at risk of educational failure due to truancy, or dropping out of school. Grants may also be used to assist in developing, programs that provide a range of approaches to address behavior issues, such as behavior specialists, in-school suspension rooms and crisis centers, in addition to out-of-school alternative settings.

Programs designed under the grants shall be developed at the middle and high school levels and shall afford students the opportunity to earn a high school diploma in accordance with section 1D, and to be taught to the same academic standards and curriculum frameworks established for all students in accordance with sections 1D and 1E. The programs shall make use of existing resources in school districts, educational collaboratives, community colleges, and other agencies, service providers, and organizations. Programs shall be designed as placements that, at a minimum, educate students to the same academic standards and curriculum frameworks as taught to all students, address behavioral problems, utilize small class size, address individual needs and learning styles, provide engaging instruction and a supportive environment, and, where appropriate, utilize flexible scheduling. The programs shall also provide a comprehensive array of social services to support a student's remediation of issues that cause school failure, excessive absenteeism, truancy and school dropout. Grant recipients shall develop remediation plans for students that address both academic and behavioral issues. Grants may also be made available for in-school regular education programs that include self-improvement, behavior management and life skills training to help provide students with tools to better manage their lives and attitudes, to support programs that use family-based approaches, and to assist students and teachers during the transition of students back into regular education classrooms.

A grant awarded pursuant to this subsection, shall require that recipients undertake ongoing program evaluations that document the effectiveness of the program in helping students to achieve academically to the same academic standards and curriculum frameworks required for all students, to develop self-management skills, and to reintegrate and remain in regular education classrooms. In awarding grants, priority shall be given to programs that employ interventions that have been empirically validated.

The department shall establish guidelines governing the alternative education grant program. The guidelines shall include, but not be limited to, a requirement that when a student is transferred to an alternative education program a representative of the school district shall meet with the student and the student's parents or legal guardian to develop an agreement that specifies the responsibilities of the school, the student and the student's parents or legal guardian. The agreement shall, at a minimum, include:

(1) a remediation plan to address both academic and behavioral issues;

(2) a plan for frequent evaluations and assessments of the student's adjustment, and academic achievement and progress;

(3) a requirement that the parents or legal guardian of the student attend specified meetings or conferences with teachers, or utilize such other means of communication as determined necessary to facilitate communication, to review and assist in the student's progress;

(4) timetable for reintegrating the student into a regular education classroom;

(5) the student's and the parents' or legal guardian's acknowledgement that they understand and accept the responsibilities imposed by the agreement.

(b) The department shall establish a grant program, subject to appropriation, to assist school districts with the development and establishment of in-school regular education programs and services to 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. As used in this subsection, students suffering from the traumatic effects of exposure to violence shall include, but not be limited to, those exposed to abuse, family or community violence, war, homelessness or any combination thereof. The grants shall support the development of school based teams with community ties that: (1) collaborate with broadly recognized experts in the fields of trauma and family, community violence and with battered women shelters; (2) provide ongoing training to inform and train teachers, administrators, and other school personnel to understand and identify the symptoms and trauma; and (3) evaluate school policy and existing school and community programs and services to determine whether and to what extent students identified as suffering from exposure to trauma can receive effective supports and interventions that can help them to succeed in their public school programs, and where necessary be referred quickly and confidentially to appropriate services.

Grants may also be awarded to assist school districts in development comprehensive programs to help prevent violence in schools, from whatever causes, and to promote school safety. The programs shall be designed to meet the following objectives: creating a school environment where students feel safe and that prevents problems from starting; helping students to take the lead in keeping the school safe; ensuring that school personnel have the skills and resources to identify and intervene with at-risk students; equipping students and teachers with the skills needed to avoid conflict and violence; and helping schools and individuals to reconnect with the community and share resources.

The department shall develop guidelines governing the implementation of the grant program authorized by this subsection. A grant awarded pursuant to this subsection, shall require that recipients undertake ongoing evaluations of the effectiveness of the program. In awarding grants, priority shall be given to programs that are based on empirically validated interventions.

The department of education, in consultation with the department of public health and the department of mental health, shall establish an advisory committee to assist in implementing the grant program and in assisting public schools in addressing the learning and behavior problems of students who manifest trauma-related symptoms or classroom behavior that interferes with learning. Members of the advisory committee shall include but not be limited to: 3 educators, 1 of whom shall serve as the chair, appointed by the commissioner of the department of education; 2 leaders in the field of trauma and its relationship to school learning and behavior appointed by the commissioner of the department of public health, 2 leaders in mental health with expertise in family and/or community violence appointed by the commissioner of mental health: 1 leader in battered women's services appointed by the commissioner of public health: 1 leader in the area of homelessness and its impact on children appointed by commissioner of mental health; and, 3 parents, 1 each appointed by the commissioner of education, the commissioner of public health, the commissioner of mental health. The advisory committee, at its discretion, may select additional members with relevant experience including but not limited to child advocates, medical doctors and representatives of juvenile and probate court.

(c) The commissioner shall evaluate annually the effectiveness of programs established under this section including the potential for replicating such programs throughout the commonwealth. The annual evaluation shall also examine whether students in alternative education programs funded under this section are being taught to the same academic standards required for all students, how much time students are spending in the programs, the racial profile of expelled or suspended students and the percentages of the students who are in special education or bilingual education. The commissioner shall also provide technical assistance to school districts seeking to replicate programs funded under this section, and shall provide training for teachers in the development of effective remediation plans for students in alternative education, and in the development of skills, techniques, and innovative strategies to assist the students. In evaluating programs funded under subsection (b), the commissioner shall consult with the department of public health, the department of mental health, and the advisory committee established pursuant to said subsection (b).

The Governor disapproved this section.
SECTION 127.
Section 59C of chapter 71 of the General Laws is hereby amended by striking out the fifth paragraph, inserted by section 82 of chapter 46 of the acts of 2003, and inserting in place thereof the following paragraph:-

The principal of each school, jointly with the school council established pursuant to this section, shall on an annual basis, in conformity with section 1I of chapter 69, develop and submit for approval by the district superintendent and school committee a plan for improving student performance. The plan shall be prepared in a manner and form prescribed by the department of education and shall conform to any policies and practices of the district consistent with the plan. If the school improvement plan is not reviewed by the school committee within 30 days after the school committee receives the school improvement plan, the plan shall be deemed to have been approved by the school committee.

SECTION 128. The fourth sentence of the first paragraph of subsection (c) of section 5A of chapter 71B of the General Laws, as appearing in section 216 of chapter 26 of the acts of 2003, is hereby further amended by striking out, in the fourth sentence, the word "current" and inserting in place thereof the following word:- previous.

SECTION 129. Said section 5A of said chapter 71B is hereby further amended by striking out subsections (f) and (g), as appearing in the 2002 Official Edition, and inserting in place thereof the following 2 subsections:-

(f) Reimbursements shall be made based on the previous year's per pupil instructional costs, as pursuant to subsection (c), in compliance with department of education audits and procedures. Reimbursements shall be made in 4 quarterly payments to coincide with the distribution of funds made available pursuant to said chapter 70. Each quarterly payment shall be equal to 25 per cent of the estimated reimbursements for the previous year's submissions, subject to appropriation.

(g) Notwithstanding the foregoing, the commonwealth shall continue to pay to approved private residential schools sums authorized by this section on a direct payment basis at the request of a district and the private residential school to which that district sends a student whose tuition is partly reimbursable pursuant to this section.

SECTION 130. Section 8A of chapter 74 of the General Laws, as amended by section 84 of chapter 46 of the acts of 2003, is hereby further amended by adding the following sentence:- The school committee of the city or town in which the student resides, or the regional vocational or county agricultural school district, city, town, independent school, or collaborative providing the approved vocational-technical program to which the student has been admitted under section 7, shall, subject to appropriation, and upon voting to provide transportation to the student, be eligible for state reimbursement to the maximum extent of 50 per cent of the amounts so expended; but, applicants for the reimbursement shall not charge fees for more than 50 per cent of the cost of said transportation.

SECTION 131. Chapter 75 of the General Laws is hereby amended by inserting after section 34 the following section:-

Section 34A. If tuition for the medical school is set at a lower amount for residents of the commonwealth, a resident shall be deemed to be a person who has resided in the commonwealth for 7 consecutive years or more prior to enrollment or a person whose immediate family has resided in the commonwealth for 7 consecutive years or more prior to his enrollment.

SECTION 132. Section 40E of chapter 82 of the General Laws, as so appearing, is hereby amended by striking out, in line 3 the figure "500" and inserting in place thereof the following figure:- 1,000.

SECTION 133. Said section 40E of said chapter 82, as so appearing, is hereby further amended by striking out, in line 4 the figure "1,000" and inserting in place thereof the following figure:- 5,000.

SECTION 134. Said section 40E of said chapter 82, as so appearing, is hereby further amended by striking out, in line 4 the figure "5,000" and inserting in place thereof the following figure:- 10,000.

SECTION 135. Section 1 of chapter 83 of the General Laws, as so appearing, is hereby amended by inserting after the word "drainage", in line 6, the following words:- , stormwater treatment and disposal.

SECTION 136. The first paragraph of said section 1 of said chapter 83, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- The works for drainage may include a stormwater treatment facility or measure of treating, or removing sediment or contaminants from, stormwater discharges.

SECTION 137. Said first paragraph of said section 1 of said chapter 83, as so appearing, is hereby further amended by adding the following sentence:- For the purposes of this chapter, the word 'stormwater' shall mean surface runoff from precipitation.

SECTION 138. Section 10 of said chapter 83, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- A city, town, sewer district, or a district established for the purpose of managing stormwater, pursuant to section 1A of chapter 40, may from time to time prescribe rules and regulations for the use of main drains and the management of stormwater to prevent the discharge of sediment and pollutants therein which may tend to degrade wetlands, streams, other surface water bodies, and groundwater and to inspect the facilities for the collection and infiltration of stormwater in order to reduce flooding and improve the quality of and decrease the quantity of stormwater runoff; for the connection of estates and buildings with main drains; for the construction, alteration, and use of all connections entering into such main drains; and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding $5,000 for each day of violation of a rule or regulation.

SECTION 139. Section 16 of said chapter 83, as so appearing, is hereby amended by inserting after the word "sewers", in line 3, the following words:- and main drains and related stormwater facilities.

SECTION 140. Said section 16 of said chapter 83, as so appearing, is hereby further amended by adding the following 3 sentences:- In establishing quarterly or annual charges for the use of main drains and related stormwater facilities, the city, town, or district may either charge a uniform fee for residential properties and a separate uniform fee for commercial properties or establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in a fair and equitable manner. The annual charge shall be calculated to supplement other available funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The city, town or district may grant credits against the amount of the quarterly or annual charge to those property owners who maintain on-site functioning retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority.

SECTION 141. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Owner" and inserting in place thereof the following definition:-

"Owner", a person, other than a lien holder, having title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security and a bailee of any description; but, the term shall include the commonwealth and its political subdivisions for the purpose of registering a vehicle that is on loan from the United States or from a motor vehicle manufacturer or distributor.

SECTION 142. Said chapter 90 is hereby further amended by inserting after section 19J the following section:-

Section 19K. For the purposes of this section, the term "hitching mechanism" shall be defined as the lift cylinder and the lift arm. Nothing in this section shall apply to state, county or municipally owned or operated vehicles. Between May 15 and October 15 of each year, any vehicle with a gross weight of less than 26,000 pounds which is equipped with a plow shall be required to have removed the plow and hitching mechanism used with the plow. Vehicles equipped with an apparatus that allows the hitching mechanism to be folded flat leaving no protruding surfaces, shall only be required to have the plow itself removed; if the hitching mechanism is in the folded flat position while the vehicle is in operation. If snowfall occurs before October 25 or after May 15 vehicles subject to this act may be re-equipped with the plow and any apparatus necessary for clearing snow. Vehicles shall be required to abide by this section within 72 hours of the conclusion of snowfall.

Any individual found operating a motor vehicle in violation of this section shall be issued a warning for the first offense, shall be fined $250 for the second offense and $500 and revocation of the vehicle's registration for the third offense. The revocation of a vehicle's registration due to a third offense shall remain in effect until the time as the vehicle is in compliance with this section. This section shall not apply to hitching mechanisms which are permanently affixed through welding or other means, before the effective date of this section. However, it shall be unlawful, and punishable by the fines and revocations, for any person to permanently affix through welding or other means a hitching mechanism governed under this section after the effective date of this section.

The registry of motor vehicles shall, within 180 calendar days of the effective date of this act, develop a list of makes and models of hitching mechanisms that fold flat leaving no protruding surfaces. The registry of motor vehicles shall promulgate and implement regulations governing a system of verification whereby the registry of motor vehicles can ensure a motor vehicle's compliance with this section following a third offense.

The Governor disapproved this section.
SECTION 143.
Chapter 90B of the General Laws is hereby amended by inserting after section 3 the following section:-

Section 3A. In addition to the fee established in section 3, there shall be an additional fee of $5 to be paid into the general fund.

SECTION 144. Section 2 of chapter 90D of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "ninety", in line 3, the following words:- ; provided, that a vehicle on loan from the United States or from a motor vehicle manufacturer or distributor to the commonwealth or a political subdivision thereof, may be registered by the commonwealth or political subdivision, or by an agency of the commonwealth or a political subdivision that the loaned vehicle has been re-assigned to, without the need to apply for a certificate of title, if the registrant is in possession of a written agreement evidencing the vehicle loan and the agreement is signed by an authorized employee of the United States government agency or motor vehicle manufacturer or distributor providing the vehicle, or if re-assigned from an agency of the commonwealth or a political subdivision, it is signed by an authorized employee of the agency or political subdivision of the commonwealth which received the vehicle from the United States or motor vehicle manufacturer or distributor and re-assigned it to the registrant.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 145.
Section 10C of chapter 91 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the word "division" and inserting in place thereof the following word:- office.

SECTION 146. Section 1A of chapter 92 of the General Laws, inserted by section 243 of chapter 26 of the acts of 2003, is hereby amended by striking out the second sentence.

The Governor disapproved this section.
SECTION 147.
Said chapter 92 is hereby further amended by inserting after section 35A the following section:-

Section 35B. (a) No person shall operate a truck, bus, motor home, camper, tractor, trailer, semi-trailer or any other motor vehicle with a seating capacity of more than 15 persons on a road, driveway, parkway, boulevard or bridge under the jurisdiction of the division of urban parks and recreation that is restricted to pleasure vehicles only without a permit from the division; provided that light duty trucks, having a gross vehicle weight of 10,000 pounds or less and a maximum overall height of 7 feet or less may be operated on such roadway.

(b) As used in this section, "permit" shall mean a written permit by the division. A permit shall only be granted if the division determines that granting a permit serves the public need and after completion of a formal permitting process to be established by the division, which shall require that:

(1) a party seeking a permit submit a written application to the division that provides the grounds for which the permit is being sought and a comprehensive description of the anticipated activity;

(2) the division hold at least 1 public hearing concerning the public need for the permit;

(3) the division provide the local governing body of each impacted community a copy of the permit application at least 30 days before the public hearing;

(4) the division, within 180 days from receipt of a permit application, notify in writing the permit applicant and the local governing body of each impacted community of its decision to either grant or refuse to grant the permit; and

(5) the division provide to the permit applicant and the local governing body of each impacted community, within 10 days of notification of its decision, written findings that set forth the reasons for its decision to either grant or refuse to grant the permit.

(c) Notice of the time and place of a public hearing held under this section shall be given by the division, at the expense of the party who submitted the application, not less than 14 days before the hearing by publication in a newspaper of general circulation in the impacted city or town and by first class mail to the local governing body of the impacted city or town.

(d) A permit issued under this section shall be revocable at will by the division and shall be nontransferable by the holder. The division may assess a reasonable fee upon the receipt of a permit application. All funds collected under this subsection shall be deposited in the General Fund.

(e) Judicial review shall be governed by section 14 of chapter 30A to the extent not inconsistent with this section.

(f) A person who violates subsection (a) shall be subject to an administrative fine of not less than $100 nor more than $500.

SECTION 148. The first sentence of the first paragraph of section 37 of said chapter 92, as appearing in section 253 of chapter 26 of the acts of 2003, is hereby amended by striking out the words "or boulevards" and inserting in place thereof the following words:-, roads, driveways, parkways, boulevards or bridges.

SECTION 148A. The first sentence of the second paragraph of said section 37 of said chapter 92, as so appearing, is hereby amended by striking out the words "or boulevards" and inserting in place thereof the following words:- , roads, driveways, parkways, boulevards or bridges.

SECTION 148B. The first sentence of the third paragraph of said section 37 of said chapter 92, as so appearing, is hereby amended by striking out the words "or boulevard" and inserting in place thereof, in each instance, the following words:- road, driveway, parkway, boulevard or bridge.

SECTION 149. The last sentence of section 4 of chapter 92A 1/2 of the General Laws, as appearing in section 290 of said chapter 26, is hereby amended by striking out the words "general fund" and inserting in place thereof the following words:- Water Supply Protection Trust, established in section 73 of chapter 10.

SECTION 150. Section 11 of chapter 92A 1/2 of the General Laws, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place the following sentence:- Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the Water Supply Protection Trust, established in section 73 of chapter 10.

SECTION 151. Said section 11 of said chapter 92A 1/2, as so appearing, is hereby further amended by striking out the seventh sentence and inserting in place the following sentence:- The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the Water Supply Protection Trust, established in section 73 of chapter 10.

SECTION 152. Section 12 of said chapter 92A 1/2, as so appearing, is hereby amended by striking out the second sentence and inserting in place the following 2 sentences:- The revenue shall be deposited into the Water Supply Protection Trust established in section 73 of chapter 10 for the purposes of meeting said debt service costs. The comptroller shall transfer to the General Fund from the Water Supply Protection Trust that portion of annual assessments against the Massachusetts Water Resources Authority identified as reimbursement for debt service payments that have been previously charged to the General Fund.

The Governor disapproved this section.
SECTION 153.
Chapter 111 of the General Laws is hereby amended by inserting after section 4L the following section:-

Section 4M. (a) The department shall, subject to appropriation, establish and maintain a program to mitigate the impacts of hepatitis C. The program shall provide screening, information, education and treatment components, and may include research grants. The program shall increase public awareness of hepatitis C and such efforts shall be undertaken in multiple languages and in a culturally appropriate manner. The program shall provide information to health care providers about risks, available prevention methods, and treatment options for hepatitis C.

(b) The program, to the extent the department determines feasible and appropriate, shall be integrated with substance abuse, HIV/AIDS and sexually transmitted disease service programs.

(c) The department may accept for the purposes of the program any special grant of money, services or property from the federal government or any of its agencies or from any foundation, medical school or other organization.

SECTION 154. Paragraph G of section 5K of said chapter 111, as appearing in the 2002 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The department may make a collection based on this assessment directly from the electric companies and deposit the monies directly into the Radiation Control Trust Account.

SECTION 155. Said chapter 111 is hereby further amended by inserting after section 72Y the following section:-

Section 72Z. (a.) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council and when requested by a member of the resident's family or the resident's representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during the mutually agreed upon hours.

(b.) For the purpose of this section "Family council" means a meeting of family members, friends or representatives of 2 or more residents to confer in private without facility staff.

(c.) The facility will inform family members upon the admission of a resident of their right to form a family council. The facility shall not deny a family council the opportunity to accept help from an organization or individual outside of the facility.

(d.) Facility policies on family councils shall in no way limit the rights of residents, family members, and family council members to meet independently with outside persons.

(f.) The facility shall not prevent or interfere with the family council receiving outside correspondence which is addressed to the council. Family council mail shall be delivered unopened to the governing body or contact person of the council.

(g.) Staff or visitors may attend family council meetings at the group's invitation.

(h.) The facility shall provide a designated staff person who shall be responsible for providing assistance to the family council, if requested by the council, and responding to written requests that result from family council meetings.

(i.) The facility shall consider the views and act upon the grievances and recommendations of the family council concerning proposed policy and operational decisions affecting residents care and life at the facility.

(j.) The facility shall respond in writing to written requests or concerns of the family council within 5 working days.

(k.) When a family council exists during the admission process, the facility shall inform family members or representatives of new residents, who are identified on the admissions agreement, or in the resident's records, of the existence of a family council. The notice shall include the time, place and date of meeting and the person to contact regarding involvement in the family council.

(l.) No facility shall willfully interfere with the formation, maintenance or promotion of family council. The willful interference with a family council shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his/her participation in a family council or the willful scheduling of facility events in conflict with previously scheduled family council meetings.

(m.) A violation of this section will constitute a violation of resident rights. The Department of Public Health shall impose a civil penalty upon any person who violates this section and shall promulgate such regulations as may be necessary to implement this section.

SECTION 156. Chapter 112, of the General Laws hereby amended by inserting after section 87AAA the following section:-

Section 87AAA 3/4. (a) This section shall only apply to real estate brokers and salesmen for the intended purchase or sale of land with a building intended for use as 1 to 4 residential dwellings or the intended purchase or sale of land on which a building is intended to be constructed for use as 1 or 2 residential dwellings.

(b) A real estate broker or salesperson may act as a dual agent who represents both prospective purchasers and sellers only with the informed written consent of the prospective purchasers and sellers. Consent to dual agency shall be obtained in the form prescribed by the board and shall be signed and dated. Such written consent may be obtained when an agency relationship with the seller or purchaser is created, but notice of a dual agency relationship shall also be given to the prospective purchaser and to the seller after a listed property is first shown to the purchaser. Nothing herein shall require written notice to each prospective purchaser or seller who attends an open house showing of real property, provided that the broker or salesperson must conspicuously disclose the agency relationship.

(c) A real estate broker or salesperson and his affiliates may act for more than one party to a real estate transaction as designated agents only with informed written consent. With informed written consent in the form prescribed by the board, a real estate broker or salesman may appoint one or more licensees to act as a designated agent on behalf of a purchaser and may appoint one or more other licensees to act as a designated agent on behalf of a seller for a potential real estate transaction. With informed consent in the form prescribed by the board, a real estate broker or salesman may appoint one or more licensees to act as a designated agent on behalf of a seller and may appoint one or more other licensees to act as a designated agent on behalf of a purchaser for a potential real estate transaction. Appointment of a designated agent shall not be made unless the party has consented, at the commencement of the party's agency relationship with the real estate broker, that the party's designated agency relationship shall not extend to any other licensee affiliated with a broker and shall be limited to the licensees appointed to act as designated agent.

Upon appointment of a designated agent, the responsibility to satisfy agency duties owed to a purchaser or seller shall be solely the responsibility of the designated agent. Substitution of designated agents shall not be made without consent. When a designated agent is appointed, information known or acquired by the designated agent shall not be imputed to the appointing broker or salesman or to other affiliated licensees. Notwithstanding the foregoing, a designated agent and an appointing broker or salesman shall each have an obligation to reveal known material defects in a listed property and shall comply with all other requirements of law. When a real estate broker or salesman has appointed designated agents for both a buyer and a seller, the broker or salesperson shall be presumed to be a dual agent, who does not exclusively represent either the buyer or seller. Appointment of a designated agent shall not limit the liability or responsibility of the appointing broker or salesperson for breach of duty by a designated agent.

(d) There shall be a conclusive presumption that a purchaser or seller has consented to a designated agency relationship, if he has signed a disclosure form that substantially contains the descriptions in this section and any other provisions required by law no later than the date that the buyer makes or submits an offer to purchase the property or that a purchase and sale agreement is executed, whichever is first. Consent may be given before identifying a property or transaction. Nothing herein shall require written notice to each prospective purchaser or seller who attends an open house showing of real property, provided that the broker or salesperson must conspicuously disclose the agency relationship.

(e) No real estate broker or salesman shall enter into or offer a subagency agreement to another real estate broker or salesperson when marketing a property for sale without informing the seller about vicarious liability and obtaining written consent of the seller.

(f) A real estate broker or salesman may provide services as a facilitator who does not represent a buyer or seller and who does not act in an agency capacity.

NO SECTION 157.

NO SECTION 158.

SECTION 159. Section 44 of chapter 114 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The body of a deceased person shall not be cremated within 48 hours after his decease unless he died of a contagious or infectious disease, and, if the death occurred within the commonwealth, the body shall not be cremated by any corporation authorized to cremate the bodies of the dead until its officers have received the certificate or burial permit required by law before burial, and a certificate from a medical examiner or similarly authorized person that he has viewed the body and made personal inquiry into the cause and manner of death, and is of opinion that no further examination or judicial inquiry concerning the same is necessary.

The Governor disapproved this section.
SECTION 160.
Section 9E of chapter 118E of the General Laws is hereby repealed.

The Governor disapproved this section.
SECTION 161.
The fourth paragraph of section 12 of said chapter 118E, as appearing in the 2002 Official Edition, is hereby amended by adding the following sentence:- Regulations that restrict coverage or covered services shall be adopted only after public notice and hearing.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 162.
Section 13A of said chapter 118E, as so appearing, is hereby amended by adding the following paragraph:-

For any hospital fiscal year commencing on or after October 1, 2003, the division shall not classify any ventilator dependent patients in a public payor-dependent non-acute hospital as an administratively necessary day patient, unless a physician member of the hospital's utilization review committee finds and certifies that the medical services required by the patient are actually available in a non-hospital facility located within a 25 mile radius of the patient's principle residence and that the patient will receive safe and effective care. The division shall not make any decision or take any action as to the continuing necessity of hospital care in a public payor-dependent non-acute hospital which is inconsistent with the hospital utilization review committee findings. The division shall pay public payor-dependent non-acute hospitals at the full hospital inpatient per diem rate for services provided to such ventilator dependent patients entitled to medical assistance and the ventilator dependent patients shall not be subject to administratively necessary day rates.

SECTION 163. Section 14A of said chapter 118E, as so appearing, is hereby amended by adding the following paragraph:-

In the event that a nursing facility resident who is age 22 years or under and is a MassHealth recipient leaves the nursing facility for non-medical reasons, the facility shall preserve his bed for a period of up to 10 calendar days per year and the division shall pay to preserve his bed in the facility for a period of up to 10 calendar days per year.

The Governor disapproved this section.
SECTION 164.
Section 16D of said chapter 118E of the General Laws, as most recently amended by section 323 of chapter 26 of the acts of 2003, is hereby further amended by striking out subsections (2) and (3) and inserting in place thereof the following 2 subsections:-

(2) A person who is not a citizen of the United States but who is either a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or is otherwise permanently residing in the United States under color of law may receive different benefits which shall be not less than the same benefits provided to the eligibility group described in clause (g) of subsection (2) of section 9A, unless the person: (i) is residing in a nursing facility, as defined by 42 U.S.C. section 1396, as of June 30, 1997; (ii) was receiving services or benefits pursuant to this chapter as of June 30, 1997; (iii) had an application for long-term care services pending on July 1, 1997; or (iv) is eligible for federally reimbursed services or benefits; services or benefits other than emergency services shall not be provided to undocumented aliens unless required by federal law.

(3) Benefits for aliens under this section shall not be provided to persons age 19 to 64, inclusive, unless the aliens are disabled; but benefits shall not be terminated for persons described in clauses (i), (ii), (iii) and (iv) of subsection (2).

SECTION 165. Section 23 of said chapter 118E, as amended by section 325 of said chapter 26, is hereby further amended by inserting before the first paragraph the following paragraph:-

As used in this section, health care insurer, health insurer and health insurance shall include, but not be limited to, any health insurance company, health maintenance organization, group or nongroup health plan, self-insured plan, or any other private or public program, plan, or entity that provides, arranges, or pays for any health, accident, or sickness benefits.

SECTION 166. The first paragraph of said section 23 of said chapter 118E, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division shall be subrogated to the rights of any recipient of medical assistance under this chapter and may take any and all actions available to such recipient to secure benefits under any policy issued by any health care insurer that is or may be liable to pay for covered services obtained by a recipient of medical assistance to the extent of any medical benefits provided by the division on behalf of the recipient or his or her dependents.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 167.
Section 31 of said chapter 118E, is hereby amended by striking out, subsections (c) and (c 1/2), as most recently amended by section 329 of chapter 26 of the acts of 2003, and inserting in place thereof the following subsection:-

(c) For purposes of this section, "estate" shall mean all real and personal property and other assets includable in the decedent's probate estate under the General Laws.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 168.
Said chapter 118E is hereby amended by striking out section 32, as amended by section 330 of said chapter 26, and inserting in place thereof the following section:-

Section 32. (a) Notwithstanding any provision of law to the contrary, a petition for admission to probate of a decedent's will or for administration of a decedent's estate shall include a sworn statement that copies of said petition and death certificate have been sent to the division by certified mail. Within 30 days of a request by the division, an executor or administrator shall complete and send to the division by certified mail a form prescribed by the division and provide such further information as the division may require.

In the event a petitioner fails to send copies of the petition and death certificate to the division and the decedent received medical assistance for which the division is authorized to recover under section thirty-one, any person receiving a distribution of assets from the decedent's estate shall be liable to the division to the extent of such distribution.

(b) The division may present claims against a decedent's estate as follows: (1) within four months after approval of the official bond of the executor or administrator, file a written statement of the amount claimed with the registry of probate where the petition was filed and deliver or mail a copy thereof to the executor or administrator. The claim shall be deemed presented upon the filing of the claim in the registry of probate; or (2) within one year after date of death of the decedent, commence an action under the provisions of section 9 of chapter 197.

(c) When presenting its claim by written statement under subsection (b), the division shall also notify the executor or administrator of (1) the circumstances and conditions which must exist for the division to be required to defer recovery under section 31 and (2) the circumstances and conditions which must exist for the division to waive recovery under its regulations for undue hardship.

(d) The executor or administrator shall have 60 days from the date of presentment to mail notice to the division by certified mail of one or more of the following findings: (1) the claim is disallowed in whole or in part, or (2) circumstances and conditions where the division is required to defer recovery under section 31 exist, or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. A notice under clause (2) or (3) shall state the specific circumstances and conditions which exist and provide supporting documentation satisfactory to the division. Failure to mail notice under clause (1) shall be deemed an allowance of the claim. Failure to mail notice under clause (2) shall be deemed an admission that the circumstances or conditions where the division is required to defer recovery under section 31 do not exist. Failure to mail notice under clause (3) shall be deemed an admission that the circumstances and conditions for the division to waive recovery for undue hardship under its regulations do not exist.

(e) If the division at any time within the period for presenting claims under subsection (b) amends the amount due, the executor or administrator shall have an additional 60 days to mail notice to the division under clause 1 of subsection (d).

(f) If the division receives a disallowance under clause (1) of subsection (d), the division may commence an action to enforce its claim in a court of competent jurisdiction within 60 days after receipt of said notice of disallowance. If the division receives a notice under clause (2) or (3) of said subsection (d), with which it disagrees, the division may commence an action in a court of competent jurisdiction within 60 days after receipt of said notice. If the division fails to commence an action after receiving a notice under clause (2) of said subsection (d), the division shall defer recovery while the circumstances or conditions specified in said notice continue to exist. If the division fails to commence an action after receiving a notice under clause (3) of said subsection (d), the division shall waive recovery for undue hardship.

(g) Unless otherwise provided in any judgment entered, claims allowed pursuant to this section shall bear interest at the rate provided under section 6B of chapter 231 commencing four months plus 60 days after approval of the official bond of the executor or administrator.

Notwithstanding the foregoing, if the division fails to commence an action after receipt of a notice under clause (2) of subsection (d), interest at the rate provided under section 6B of chapter 231 shall not commence until the circumstances or conditions specified in the notice received by the division under said clause (2) cease to exist. The executor or administrator shall notify the division within 30 calendar days of any change in the circumstances or conditions asserted in said clause (2) notice, and upon request by the division, shall provide updated documentation verifying that the circumstances or conditions continue to exist.

If the division's claim has been allowed as provided herein and no circumstances and conditions requiring that the division defer recovery under section 31 exist, it may petition the probate court for an order directing the executor or administrator to pay the claim to the extent that funds are available or for such further relief as may be required.

(h) Notice of a petition by an executor or administrator for a license to sell real estate shall be given to the division in any estate where:

(1) the division has filed a written statement of claim with the registry of probate as provided in subsection (b); or

(2) the division has filed with the registry of probate a notice, as prescribed under subsection (a) of section 9 of chapter 197, that an action has been commenced.

(i) In all cases where:-

(1) the division determines it may have a claim against a decedent's estate;

(2) a petition for administration of the decedent's estate or for admission to probate of the decedent's will has not been filed; and

(3) more than one year has passed from the decedent's date of death, the division is hereby authorized to designate a public administrator to be appointed and to serve pursuant to chapter 194. Said designation by the division shall include a statement of the amount claimed. This provision shall apply to all estates in which no petition for administration of the decedent's estate or for admission to probate of the decedent's will has been filed as of the effective date of this section, regardless of the decedent's date of death.

(j) If the executor or administrator wishes to sell or transfer any real property against which the division has filed a lien or claim not yet enforceable because circumstances or conditions specified in section 31 continue to exist, the division shall release the lien or claim if the executor or administrator agrees to (1) either set aside sufficient assets to satisfy the lien or claim, or to give bond to the division with sufficient surety or sureties and (2) repay the division as soon as the circumstances or conditions which resulted in the lien or claim not yet being enforceable no longer exist. Notwithstanding the foregoing provision or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien or claim.

SECTION 169. Section 1 of chapter 118G of the General Laws, as most recently amended by section 337 of said chapter 26, is hereby further amended by inserting after the definition of "Payments subject to surcharge" the following 2 definitions:-

"Pediatric hospital", an acute care hospital which limits services primarily to children and which qualifies as exempt from the Medicare Prospective Payment system regulations.

"Pediatric specialty unit", a pediatric unit of an acute care hospital in which the ratio of licensed pediatric beds to total licensed hospital beds as of July 1, 1994, exceeded 0.20. In calculating that ratio, licensed pediatric beds shall include the total of all pediatric service beds, and the total of all licensed hospital beds shall include the total of all licensed acute care hospital beds, consistent with Medicare's acute care hospital reimbursement methodology as put forth in the Provider Reimbursement Manual Part 1, Section 2405.3G.

SECTION 170. Section 11 of said chapter 118G is hereby amended by inserting after the word "hospital", the third time it appears, in line 27, as so appearing, the following words:- , pediatric hospital, pediatric specialty unit.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 171.
Section 18 of said chapter 118G is amended by adding the following subsection:-

(p) Within the Uncompensated Care Trust Fund, there shall be established a department of mental retardation transfer account, administered by the secretary of health and human services, consisting of any receipts from the assessment collected pursuant to section 27, including transfers by the department of mental retardation of amounts sufficient to pay the assessment for public facilities, any federal financial participation received by the commonwealth as a result of expenditures funded by such assessments, and any interest thereon. The secretary may authorize expenditures of amounts from such account without further appropriation. The comptroller shall transfer no later than the first business day of each quarter, the amounts indicated by the department of mental retardation to provide the appropriate payment adjustments for operating the intermediate care facilities for the mentally retarded and the community residences serving individuals with mental retardation. The comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper transfer, accounting and expenditures of funds under this section. The comptroller may make payments in anticipation of receipts and shall establish procedures for reconciling overpayments and underpayments from said account. The secretary shall account for revenue and expenditure activity within said account.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 172.
Said chapter 118G is hereby further amended by adding the following section:-

Section 27. (a) For the purposes of this section, the following words shall have the following meanings:

"Assessment," the user fee imposed pursuant to this section.

"Intermediate care facility for the mentally retarded or ICF/MR," a privately or publicly operated intermediate care facility for the mentally retarded.

"Community based residence," a privately or publicly operated community based residence serving individuals with mental retardation licensed or certified in accordance with section 15 of chapter 19B.

"Bed day," a day of services provided to an individual living in an intermediate care facility for the mentally retarded or a community based residence serving individuals with mental retardation.

(b) Each intermediate care facility for the mentally retarded and each community-based residence serving individuals with mental retardation shall pay an assessment per bed day. The assessment shall be implemented as a broad-based health care related fee as defined in 42 U.S.C. Sec. 1396b(w)(3)(B). The assessment shall be imposed at a uniform rate and shall be sufficient in the aggregate to generate an amount equal to six per cent of the total gross revenues generated by all such facilities in each fiscal year. The assessment shall be paid to the division at least quarterly. The division may promulgate regulations that authorize the assessment of interest on any unpaid liability at a rate not to exceed an annual 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 an account established within the Uncompensated Care Trust Fund.

(c) The commissioner shall prepare a form on which each ICF/MR and each community based residence shall report its total bed days and shall calculate the assessment due. The commissioner shall distribute the forms to each intermediate care facility for the mentally retarded and each community based residence for individuals with mental retardation 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. The division may require additional reports, including but not limited to monthly census data, as it deems necessary to monitor collections and compliance.

(d) The division shall have the authority to inspect and copy the records of an ICF/MR or community residence for the purposes of auditing its calculation of the assessment. In the event that the division determines that an ICF/MR or a community-based residence has either overpaid or underpaid the assessment, the division shall notify the ICF/MR or the community based residence of the amount due or refund the overpayment. The division may impose per diem penalties if an ICF/MR or a community-based residence fails to produce documentation as requested by the division.

(e) In the event that an ICF/MR or a community based residence is aggrieved by a decision of the division as to the amount due, the ICF/MR or the community based residence may file an appeal to the division of administrative law appeals within 60 days 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 an ICF/MR or a community based residence 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 division shall establish by regulation appropriate mechanisms for enforcing the provisions of this section. Such enforcement may include notification to the department of mental retardation to take appropriate actions, including the revocation of licensure or certification for failure to remit delinquent fees.

(g) The division, in consultation with the department of mental retardation and the division of medical assistance, shall promulgate regulations necessary to implement this section.

SECTION 173. The first paragraph of section 32 of said chapter 121B, as amended by section 366 of chapter 26 of the acts of 2003, is hereby further amended by inserting after the third sentence the following four sentences:- In no instance shall a tenant household pay a rental fee of less than $5 per household, provided that exceptions to payment of such minimum rent shall be allowed in accordance with regulations issued by the department. An authority shall grant an exemption from application of the minimum monthly rent to any resident unable to pay such amount because of severe financial hardship, which shall include situations in which the family is awaiting an eligibility determination for an application for any federal, state, or local assistance program, the tenant would be evicted as a result of the imposition of the minimum rent requirements, the income of the tenant has decreased because of changed circumstances, including involuntary loss of employment, the occurrence of a death in the household, and such other severe financial hardship situations as may be determined by the housing authority. If a resident requests a hardship exemption and the authority reasonably determines the hardship to be of a temporary nature, an exemption shall not be granted during the 90 day period beginning upon the day in which the request for exemption is made to the authority. A resident may not be evicted during such 90 day period for nonpayment of rent. In such a case, if the resident thereafter demonstrates that the financial hardship is of a long-term nature, the authority shall retroactively exempt the resident from the applicability of the minimum rent requirements for such 90 day period.

SECTION 174. Section 2 of chapter 128C of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in lines 156 to 161, inclusive, the words "Norfolk county, in each of those racing seasons is licensed to and actually conducts not less than a total of 150 racing performances taking place on at least 150 racing days; and provided, further, that the harness horse racing licensee in Norfolk county may simulcast live races in any racing season provided that it conducts at least 1,100 live harness" and inserting in place thereof the following words:- Suffolk county and the harness horse racing licensee in Norfolk county, in each of those racing seasons is licensed to and actually conducts not less than a total of 150 racing performances taking place on at least 150 racing days; and provided, further, that the running horse racing meeting licensee in Suffolk county and the harness horse racing licensee in Norfolk county may simulcast live races in any racing season provided that each racing meeting licensee conducts at least 1,100 live.

SECTION 175. Chapter 131A of the General Laws is hereby amended by adding the following section:-

Section 7. The director may establish fees for environmental review and assessment pursuant to this chapter, the amount of which shall be determined in accordance with section 3B of chapter 7. Monies received by the commonwealth from fees collected under this chapter shall be credited to the Natural Heritage and Endangered Species Fund, established by section 35D of chapter 10.

SECTION 176. Section 1B of chapter 132A of the General Laws, as appearing in section 393 of chapter 26 of the acts of 2003, is hereby amended by striking out the second sentence.

SECTION 177. The sixth paragraph of section 12 of chapter 138 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The licensing authority shall not decrease the hours during which sales of such alcohol beverages may be made by a licensee until after a public hearing concerning the public need for such decrease; provided, however, that a licensee affected by any such change shall be given 2 weeks notice of the public hearing; provided further, that a local licensing authority, subject to the approval of the commission, may grant a license notwithstanding section 17 to sell wine for consumption on the winery premises to a winegrower authorized to operate a farmer-winery under section 19B, to sell malt beverages for consumption on the brewery premises to a farmer-brewer authorized to operate a farmer-brewer under section 19C and to sell spirits for consumption on the distillery premises to a farmer-distiller authorized to operate a farmer-distillery under section 19E; and provided further, that such licensees may sell for on premises consumption wines, malt beverages and spirits produced by the winery, brewery or distillery or produced for the winery, brewery or distillery and sold under the winery, brewery or distillery brand name.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 178.
Section 15 of said chapter 138, as so appearing, is hereby amended by inserting after the word "commonwealth", in line 22, the following words:- , or participate in decisions regarding the purchasing of alcoholic beverages or the purchasing of insurance or accounting or bookkeeping services, or receive any percentage or fee derived from gross revenues in exchange for management assistance, or participate in any other action designed to effect common results of more than 3 licensees under this section.

NO SECTION 179.

SECTION 180. The first paragraph of section 18 of said chapter 138, as amended by section 413 of chapter 26 of the acts of 2003, is hereby further amended by striking out the last sentence and inserting in place thereof the following:-

The annual license fee for a license to sell and import wines and malt beverages only issued under this section shall be computed based on the gallonage sold as follows: 7,500 gallons or less per annum-thirty five hundred dollars; more than 7,500 and less than 10,000 gallons per annum-four thousand dollars; and more than 10,000 gallons per annum-five thousand dollars.

Every applicant for such a license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine and malt beverages to be sold or imported during the year covered by the license. Persons holding such licenses shall report annually at the end of the year covered by the license the amount of wine and malt beverages sold or imported during such year. If the total amount of such wine and malt beverages exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing under this section.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 181.
Said section 18 of said chapter 138 is hereby further amended by adding the following paragraph:-

It shall be unlawful for any licensee under this section to purchase alcoholic beverages from any source other than the primary American source of supply unless authorized by the primary American source of supply. "Primary American source of supply" shall mean the distiller, bottler, brewer, vintner, brand owner, or designated agent of the distiller, bottler, brewer, vintner, or brand owner.

SECTION 182. Section 64 of chapter 143 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "inspector", in line 4, the following words:- ; provided, however, that elevators in owner-occupied single family residences shall be inspected and tested at intervals of not less than five years.

SECTION 183. Section 1 of chapter 151A of the General Laws is hereby amended by striking out paragraph (e 1/2), as amended by section 580 of chapter 26 of the acts of 2003, and inserting in place thereof the following paragraph:-

(e 1/2) "Commissioner", the director of workforce development pursuant to chapter 23H.

SECTION 184. Said section 1 of said chapter 151A is hereby further amended by striking out paragraph (g), as amended by section 581 of said chapter 26, and inserting in place thereof the following paragraph:-

(g) "Department", the division of unemployment assistance within the department of workforce development.

SECTION 185. Section 58 of said chapter 151A is hereby amended by striking out paragraph (g), as appearing in section 583 of said chapter 26, and inserting in place thereof the following paragraph:-

(g) Funds from this account shall be used to support the administration and operation of this chapter, and shall be used by the department of workforce development for the space, personnel and infrastructure required to maintain walk-in services, including the provision of general information, application assistance, claims information and orientation under this chapter.

SECTION 186. Section 61 of said chapter 151A is hereby amended by striking out the second paragraph, as amended by section 584 of said chapter 26, and inserting in place thereof the following paragraph:-

For the purpose of maintaining free employment offices, the commissioner may enter into an agreement with a city or town and, as part of any such agreement, the commissioner may accept monies, services or other quarters for the purposes of the employment service accounts.

SECTION 187. Subsection (a) of section 62A of said chapter 151A is hereby amended by striking out the words "unemployment assistance shall contract with the department of workforce development to", inserted by section 585 of said chapter 26, and inserting in place thereof the following words:- unemployment assistance shall.

SECTION 187A. Said section 62A of said chapter 151A is hereby further amended by striking out subsection (b), as amended by section 586 of said chapter 26, and inserting in place thereof the following subsection:-

(b) In addition to such access by telephone to offices of the division, the deputy director shall maintain walk-in service, including the provision of general information, application assistance, claims information and orientation.

SECTION 188. The first paragraph of section 14 of chapter 175 of the General Laws, as amended by section 444 of chapter 26 of the acts of 2003, is hereby further amended by inserting after the twenty-second clause the following clause:-

For each duplicate of a license issued under any section of this chapter.

SECTION 189. The third paragraph of section 47C of said chapter 175, as appearing in the 2002 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $5,200 per year per child and an aggregate benefit of $15,600 over the total enrollment period.

SECTION 190. The third paragraph of section 8B of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $5,200 per year per child and an aggregate benefit of $15,600 over the total enrollment period.

SECTION 191. The third paragraph of section 4C of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $5,200 per year per child and an aggregate benefit of $15,600 over the total enrollment period.

SECTION 192. The second paragraph of section 4 of chapter 176G of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party, with a maximum benefit of $5,200 per year per child and an aggregate benefit of $15,600 over the total enrollment period.

SECTION 193. Paragraph (a) of section 6 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in line 32, the word "assigned." and inserting in place thereof the following:- assigned;

(vi) notwithstanding any special or general law to the contrary, the division shall be assigned in any civil or criminal matter described in paragraph (b) where the chief counsel determines in writing that insufficient numbers of qualified attorneys are available for assignment by the private counsel division in courts located in Hampden, Hampshire, Franklin or Berkshire counties.

SECTION 194. Said chapter 211D is hereby further amended by inserting after section 6A the following section:-

Section 6B. Not more than 1 counsel assigned or appointed under section 5, 6 or 6A shall be paid for representation of a party in civil proceedings pending in any trial court under paragraph C of section 23, section 24 or 29B or sections 39E to 39I, inclusive, of chapter 119 or section 3 of chapter 210. The chief counsel of the committee for public counsel services may permit an exception to this provision in extraordinary circumstances, such as the pendency of separate actions in distant counties on behalf of a client.

SECTION 195. Said chapter 211D, as inserted by section 452 of chapter 26 of the acts of 2003, is hereby amended by striking out section 2 1/2 and inserting in place thereof the following section:-

Section 2 1/2. Notwithstanding any general or special law to the contrary, a person claiming indigency under the provisions of section 2 must execute a waiver authorizing the court's chief probation officer, or his designee, to obtain the person's wage and tax information from the department of revenue, and any other information from the department of transitional assistance, the department of medical assistance, and the registry of motor vehicles that the court may find useful in verifying the person's claim of indigency. Said waiver shall authorize the chief probation officer, or his designee, to conduct any further re-assessment required by this section.

It shall be the responsibility of the chief probation officer assigned to each court to ensure that a defendant claiming to be indigent meets the definition of indigency under section 2. A defendant seeking appointment of counsel shall be interviewed by the chief probation officer or his designee before the appointment of counsel. The person conducting the interview shall explain to the defendant (1) the definition of indigency, (2) the process used to verify his information with other state agencies, and (3) the consequences of misrepresenting his financial information in applying for the appointment of counsel. The person conducting the interview shall prepare a written indigency intake report that shall record the results of the interview and his recommendation on whether or not the defendant is indigent. The defendant and the person conducting the interview shall sign the indigency intake report. In signing the report, the defendant shall certify under the pains and penalties of perjury that the information contained therein is true and that he has not concealed any information relevant to his financial status. All statements contained in the report shall be deemed material statements. The completed report shall be presented to a judge who may adopt or reject the recommendations in the report, either in whole or in part.

Any appointment of counsel by the court is at all times subject to said verification of indigency by the chief probation officer assigned to each court. Not later than 60 days after the appointment of counsel, said chief probation officer or his designee shall complete a re-assessment of the defendant's financial circumstances to ensure that the defendant continues to meet the definition of indigency. In preparing his re-assessment, the chief probation officer or his designee may access wage and tax information in the possession of the department of revenue and such other information relevant to the verification of indigency in the possession of the department of transitional assistance, the department of medical assistance and the registry of motor vehicles. Said departments shall provide such information to the chief probation officer or his designee upon request. Upon completion of his re-assessment, the chief probation officer shall prepare a written report of his findings. The chief probation officer shall sign the report, certifying that the defendant either continues to meet or does not continue to meet the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the defendant's next court appearance. If, upon receipt of the report, a judge finds that the defendant no longer meets the definition of indigency, he shall revoke the appointment of counsel and allow the defendant a reasonable continuance to obtain new counsel. Not later than 6 months after the appointment of counsel, and every 6 months thereafter, the chief probation officer or his designee shall conduct a further re-assessment of the defendant's financial circumstances to ensure that he continues to meet the definition of indigency and shall prepare, sign and file a written report certifying that the defendant either continues to meet, or does not continue to meet, that definition of indigency.

If a criminal defendant is charged with a second or further offense while continuing to be represented by court-appointed counsel for a previously charged offense, the court in its discretion shall determine whether any further determination of indigency, other than the 60-day and bi-annual re-assessments required by the defendant's representation for the first offense, need be undertaken.

Upon completion of any said re-assessments, the chief probation officer shall prepare a written report of his findings. The chief probation officer shall sign the report, certifying that the defendant either continues to meet or does not continue to meet the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the defendant's next court appearance. If, upon receipt of the report, a judge finds that the defendant no longer meets the definition of indigency, he shall revoke the appointment of counsel and allow the defendant a reasonable continuance to obtain new counsel.

If the court finds that a person has materially misrepresented or omitted information concerning his property or assets for purposes of determining indigency, and that said person does not meet the definition of indigency, the court shall immediately terminate any assignment or appointment of counsel made under chapter 211D of the General Laws and shall assess costs of not less than $500 against said person.

A person provided counsel under this chapter shall be assessed a counsel fee of $150, which the court may waive only upon determining that the defendant is unable to pay. If, upon reviewing the chief probation officer's report on the 60-day re-assessment of the defendant's indigency, the court concludes that the defendant is able to pay the $150 counsel fee of which he obtained a waiver, the court shall invalidate the waiver and re-impose the $150 counsel fee.

The court may authorize a defendant to perform community service in lieu of payment of the counsel fee. A defendant seeking to work off his counsel fee in community service shall perform 10 hours of community service for each $100 he owes in legal counsel fees. Notwithstanding any general or special law, rule or regulation to the contrary, a criminal matter shall not be terminated and the defendant shall not be discharged if the defendant owes any portion of the legal counsel fee imposed by this section. The clerk shall not release any bail posted on such criminal matter until the legal counsel fee is satisfied in accordance with this chapter.

The clerk of the court shall, within 60 days of appointment of counsel, report to the departments of transitional assistance, medical assistance and revenue and the registry of motor vehicles the amount of any legal counsel fee owed by the defendant under this chapter. The department of revenue shall intercept the fee from tax refunds due to persons who have not paid it. The departments of transitional assistance and medical assistance shall deduct the fee in weekly or monthly increments from the benefit payments of persons who have not paid it. The registrar of motor vehicles shall place a lien in the amount of any portion of the legal counsel fee owed by the defendant upon the title of any motor vehicle owned in whole or in part by him. The lien shall be released only upon notification from the clerk of the court that the fee has been collected or worked off in community service.

SECTION 196. Section 8 of chapter 218 of the General Laws is hereby amended by striking out the first sentence as amended by section 458 of said chapter 26, and inserting in place thereof the following sentence:- Each district court shall have a clerk and the central division of the Boston municipal court department shall have one clerk as provided in section 52A.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 197.
Section 10 of said chapter 218, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 24, the word "Worcester." and inserting in place thereof the following:- Worcester;

third district court of Southern Worcester, provided, that said position shall only be designated to a trial court employee in said court currently performing the duties and functions of an assistant clerk and shall not be construed as adding any additional positions to the trial court.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 198.
The fifteenth paragraph of said section 10 of said chapter 218, as most recently amended by section 465 of chapter 26 of the acts of 2003, is hereby further amended by inserting after the line reading "third district court of eastern Middlesex;" the following line:- the district court of Newton;.

SECTION 199. Section 22 of said chapter 218 is hereby amended by striking out, in line 8, as appearing in the 2002 Official Edition, the word "registered" and inserting in place thereof the following words:- first class.

SECTION 200. Said chapter 218 is hereby further amended by striking out section 35A, as so appearing, and inserting in place thereof the following section:-

Section 35A. If a complaint is received by a district court, or by a justice, associate justice or special justice thereof, or by a clerk, assistant clerk, temporary clerk or temporary assistant clerk thereof under section 32, 33 or 35, as the case may be, the person against whom such complaint is made, if not under arrest for the offense for which the complaint is made, shall, in the case of a complaint for a misdemeanor or a complaint for a felony received from a law enforcement officer who so requests, and may, in the discretion of any said officers in the case of a complaint for a felony which is not received from a law enforcement officer, be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth by the person against whom such complaint is made. The court or said officers referred to above shall consider the named defendant's criminal record and the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation in determining whether an imminent threat of bodily injury exists. Unless a citation as defined in section 1 of chapter 90C has been issued, notice shall also be given of the manner in which he may be heard in opposition as provided herein.

The court, or said officer thereof, may upon consideration of the evidence, obtained by hearing or otherwise, cause process to be issued unless there is no probable cause to believe that the person who is the object of the complaint has committed the offense charged.

The term district court as used in this section shall include the Boston municipal court department and the juvenile court department.

SECTION 201. Said chapter 218 is hereby further amended by inserting after section 52 the following section:-

Section 52A. The central division of the Boston municipal court department shall have one clerk for both criminal and civil business. The position of clerk for civil business shall be abolished when said position becomes vacant and the duties of such clerk shall be assumed by the clerk for criminal business who shall be hereinafter the one clerk for the said central division of the Boston municipal court department. The first assistant clerk for criminal business shall hereinafter serve as the first assistant clerk of the central division of the Boston municipal court department. The person currently serving as acting clerk for civil business shall hereinafter serve as the second assistant clerk of the central division of the Boston municipal court department and shall be paid at the same rate of compensation that he now receives. Any reference in any general or special law to a clerk of the Boston municipal court for civil business shall be construed to refer to the one clerk of the central division of the Boston municipal court department as proscribed herein.

SECTION 202. Said chapter 218 is hereby further amended by striking out section 53, as most recently amended by section 481 of chapter 26 of the acts of 2003, and inserting in place thereof the following section:-

Section 53. In the central division of the Boston municipal court department, there shall be one clerk and the same number of assistant clerks of said court as were authorized in statute on January first, two thousand three. The assistant clerks shall be appointed by the clerk, subject to the approval of the chief justice for administration and management with respect to compliance with the personnel standards promulgated under section eight of chapter two hundred and eleven B, and the clerk shall be responsible for the doings of his assistants, and may remove them at his pleasure. The salary of the clerk shall be seventy-five and forty-seven hundredths per cent of the salary of the chief justice of the department, and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks shall be seventy-seven per cent of the salary of the clerk, and shall be paid, subject to appropriation, by the commonwealth.

The clerk and assistant clerks shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.

Each assistant clerk of said court appointed to such position prior to January first, nineteen hundred and eighty-seven and serving continuously thereafter, shall be entitled to thirty days vacation and thirty days sick leave in each calendar year. Each such assistant clerk may accumulate vacation leave and sick leave not used in any such year; provided, however, that the number of vacation days so accumulated shall not exceed sixty and the total amount of sick leave so accumulated shall not exceed one hundred and eighty days; and provided, further, that no additional such days shall be accumulated on or after said January first except in accordance with the policies and procedures established by the chief justice for administration and management pursuant to section eight of chapter two hundred and eleven B. All other clerks and assistant clerks of said court shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the chief justice for administration and management pursuant to said section eight.

Assistant clerks appointed under authority of this paragraph who have held said appointment for three consecutive years shall hold office during good behavior, but subject to applicable retirement laws, and may be removed by the clerk for cause shown, subject to the procedures authorized by section eight of chapter two hundred and eleven B.

The clerk may designate such employees in his office as in his judgment may be necessary for the convenience of the public, as deputy assistant clerks of said court who shall have the same authority to administer oaths as the assistant clerks of said court.

SECTION 203. Said chapter 218 is hereby further amended by striking out section 53A, inserted by section 482 of said chapter 26, and inserting in place thereof the following section:-

Section 53A. In case of the absence, death or removal of a salaried assistant clerk of the central division of the Boston municipal court department, the clerk of said court may, subject to the approval of the chief justice, appoint a temporary assistant clerk, to act until such assistant clerk resumes his duties or until the vacancy is filled.

SECTION 204. Said chapter 218 is hereby further amended by striking out section 56, as appearing in the 2002 Official Edition, and inserting the following section:-

Section 56. The clerk shall, on or before the tenth day of each month, account for and pay over to the collector of the city of Boston or to the state treasurer, as the case may be, the balance due and payable at the end of the preceding month of all money received by them payable by law to the city of Boston or to the commonwealth, and shall render to said officers a detail account thereof under oath. Violation of this section shall be punished by a fine of not more than one hundred dollars.

SECTION 205. Section 75B of said chapter 218 is hereby amended by striking out the words "for criminal business".

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 206.
Chapter 222 of the General Laws is hereby amended by adding the following section:-

Section 12. Notwithstanding any general law, rule, regulation or order to the contrary, attorneys-at-law and counselors-at-law as well as paralegals, legal secretaries and other legal staff, who by virtue of their employment perform notary duties shall be exempt from maintaining a journal of their notary transactions.

SECTION 207. Chapter 231 of the General Laws is hereby amended by inserting after section 60J the following section:-

Section 60K. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, other than actions brought under section 2 of chapter 229, against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below rather than the rate specified in section 6B of chapter 231, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. For all actions commenced after the effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to the weekly average 1-year constant maturity Treasury yield plus 4 per cent, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment. At no point shall the rate of interest established by this section exceed the rate of interest set forth in said section 6B of chapter 231.

The Governor returned with recommendation of amendment, see H4915.
SECTION
208.Section 2A of chapter 262 of the General Laws is hereby repealed.

The Governor returned with recommendation of amendment, see H4916.
SECTION 209.
Section 4D of said chapter 262 is hereby repealed.

SECTION 210. Section 25 of chapter 268A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "him", in line 28, the following words:- , subject to section 15 of chapter 32. The employer of a person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual.

SECTION 211. Section 98A of chapter 272 of the General Laws, as so appearing, is hereby amended by striking out, in lines 19 to 22, inclusive, the words "; provided further, that in the case of a deaf or hearing handicapped person, or other physically handicapped person, such person carries and displays upon demand, written evidence that the dog accompanying him is a dog guide".

SECTION 212. Chapter 276 of the General Laws is hereby amended by inserting after section 99D the following section:-

Section 99E. (a) The commissioner of probation shall enter into an interagency service agreement with the department of revenue to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.

(b) The commissioner of probation shall enter into an interagency service agreement with the department of transitional assistance to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.

(c) The commissioner of probation shall enter into an interagency service agreement with the department of medical assistance to verify income data and other information relevant to the determination of indigency of recipients of counsel pursuant to section 2 of chapter 211D.

(d) The commissioner of probation shall enter into an interagency service agreement with the registry of motor vehicles to verify the statements on motor vehicle ownership or nonownership by recipients of counsel pursuant to section 2 of chapter 211D.

SECTION 213. Section 70C of chapter 277 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 5, the figure "23".

SECTION 213A. The first sentence of section 4 of chapter 113 of the acts of 1828 is hereby amended by striking out the word "twelve" and inserting in place thereof the following words:- not more than 24;.

SECTION 213B. Said first sentence of said section 4 of said chapter 113 of the acts of 1828 is hereby further amended by striking out the word "eight" and inserting in place thereof the following word:- trustees.

SECTION 214. Section 1 of chapter 294 of the acts of 1916 is hereby amended by striking out the first 3 sentences, as most recently amended by chapter 66 of the acts of 1990, and inserting in place thereof the following sentence:- There shall be an unpaid commission, to be known as the Lake Quinsigamond commission consisting of the chief of police of the city of Worcester, ex officio, one member of the Worcester conservation commission to be appointed by the city manager, one member of the Shrewsbury conservation commission, to be appointed by the moderator of said town, the chief of police of the town of Shrewsbury, ex officio, and one member of the Grafton conservation commission to be appointed by the moderator of said town; and 4 members who shall be either residential landowning abutters on Lake Quinsigamond or reside within the area of Lake Quinsigamond, and who have demonstrated an interest regarding water quality, fishing, boating and other recreational activities and environmental, wildlife and habitat matters on said lake, who may represent the city of Worcester and the towns of Grafton and Shrewsbury; one of whom shall be appointed by the town manager of Grafton, one of whom shall be appointed by the town manager of Shrewsbury, one of whom shall be appointed by the city manager of Worcester and one of whom shall be appointed by majority vote of the preceding 3 members.

SECTION 215. Section 1 of chapter 74 of the acts of 1945, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following paragraph:-

For purposes of this act, the term "board" shall mean a board composed of the attorney general, the state treasurer, the state auditor and the director of accounts, or their designees.

SECTION 216. Paragraph (a) of section 12 of chapter 372 of the acts of 1984, is hereby amended by striking out the fifth sentence, as amended by section 1 of chapter 83 of the acts of 2001, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under authority of this act shall not exceed $5,800,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

SECTION 217. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as amended by section 2 of said chapter 83, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $5,800,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

SECTION 218. Subsection (j) of section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out the first paragraph and inserting in place thereof the following three paragraphs:-

The department shall administer a program, to be known as the work program, for families that are not exempt under section (e) but have received assistance for the program of transitional aid to families with dependent children for 60 days. The program shall require that the head of household in each such family, or both parents in a 2-parent family, shall participate in work-related activities for 20 hours each week if the youngest child of record is between the age of 2 and the age at which full time schooling is mandatory, for 24 hours each week if the youngest child of record is between the age at which full time schooling is mandatory and age 9, and for 30 hours each week if the youngest child of record is 9 years of age or older;

The requirement may be met by working in a job for which compensation is paid; by a parent or head of household who is in emergency shelter and complying with housing search requirements; by working full time in the full employment program established by subsection (l); by participating in community service pursuant to subsection (k); or by participating in education and training programs that meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or any successor thereto, including activities required by or necessary for the successful completion of any such education and training program. At the discretion of the commissioner, recipients subject to the work requirement who fail, without good cause, to meet the requirement shall not receive assistance.

To the extent permissible under federal law or, where not permissible under federal law, subject to approval of the federal department of health and human services, the department shall determine that good cause exists when a recipient is not in compliance with the work program or the terms of an employment development plan, and that the noncompliance is due to lack of appropriate and available child care, lack of affordable and reliable transportation, housing search, lack of an available and appropriate community service site identified by the department, or illness or disability or other reasons established by the department. For purposes of this paragraph, a determination as to whether an available child care slot is appropriate shall take into consideration factors that the office of child care services recommends be considered or that a reasonable and responsible parent would consider in deciding whether a child care slot is appropriate, including the time required to travel to and from the provider and the recipient's home, work or other activities. Before determining that a recipient has failed to comply with the work program or the terms of an employment development plan without good cause, the department shall review all good cause criteria with the recipient to determine if good cause exists.

SECTION 219. The second paragraph of subsection (j) of section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out, in lines 1, 7, 11 and 12, the word "twenty" and inserting in place thereof, in each instance, the following words:- the required.

SECTION 220. Section 177 of chapter 43 of the acts of 1997 is hereby repealed.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 221.
Section 6 of chapter 46 of the acts of 1997 is hereby repealed.

SECTION 222. Chapter 194 of the acts of 1998 is hereby amended by striking out section 317 and inserting in place thereof the following section:-

Section 317. There shall be established and set up on the books of the commonwealth a separate trust to be known as the Natural Resource Damages Trust to be administered and expended by the executive office of environmental affairs. Expenditures may be made from the trust account, without further appropriation, for the purposes of funding natural resource restoration, replacement or acquisition of equivalent natural resources, the development of natural resource damages claims, including, but not limited to, investigation of such claims and enforcement of settlements. Expenditures may also be made from the trust account, without further appropriation, for the purposes of funding other actions related to natural resources damage including, but not limited to, natural resource damage assessment, natural resource damage recovery, natural resource law enforcement and, if necessary, the costs of personnel and administration of studies or related activities, including grants to public and nonpublic entities, conducted pursuant to the secretary's authority as trustee for natural resources pursuant to section 5 of chapter 21E of the General Laws, sections 23 to 27, inclusive, of chapter 130 of the General Laws, section 42 of chapter 131 of the General Laws, section 9607(f) of Title 42 of the United States Code, section 1321 of Title 33 of the United States Code, section 2706 of Title 33 of the United States Code or any other relevant and appropriate authority. The trust shall retain all interest earned on sums deposited in the trust. The trust may receive funds as may be appropriated from time to time, as well as gifts and grants of money or other contributions from any source, either public or private, and settlements, judgments, or fines or penalties not designated by law for other specific purposes, to be expended within the purposes of the trust. The fund may not receive any fees that have been collected by an agency within the executive office of environmental affairs.

SECTION 223. Section 6 of chapter 55 of the acts of 1999 is hereby repealed.

SECTION 224. Section 47 of chapter 159 of the acts of 2000 is hereby repealed.

SECTION 224A. Section 497 of said chapter 159 is hereby repealed.

SECTION 225. Section 2 of chapter 28 of the acts of 2002 is hereby amended by striking out, in lines 3 and 4, the words "a period not to exceed 2 years after the effective date of this act" and inserting in place thereof the following words:- the duration of any project that has begun construction, repair, renovation, remodeling, equipping, furnishing or partial or complete demolition before July 1, 2004.

SECTION 226. Item 2000-2013 of section 2 of chapter 236 of the acts of 2002 is hereby amended by inserting after the word "Woburn", in line 45, the following words:- ; provided, further, that, notwithstanding any rules or regulations of the department, not less than $1,750,000 shall be expended for the acquisition of the Dunn property, so-called, in the town of West Newbury, however, in the event that the town expends its own funding for acquisition of said property, it will be reimbursed; and by striking out the figure "$21,250,000" and inserting in place thereof the following figure:- $23,000,000.

SECTION 227. Item 2100-2011 of said section 2 of said chapter 236 is hereby amended by striking out, in lines 82 to 85, inclusive, the words "; provided further, that $1,750,000 shall be expended for the acquisition of the Dunn property, so-called, in the town of West Newbury,- and by striking out the figure "$46,425,000" and inserting thereof the following figure:- $44,675,000

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 228.
Item 2840-2016 of section 2 of said chapter 236 is hereby amended by striking out the words "; provided further, that $200,000 shall be expended for renovation of the Connors pool in the city of Waltham" and inserting in place thereof the following:- provided further, that $1,200,000 shall be expended for renovation of the Connors pool in the city of Waltham.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 229.
Item 2840-2016 of section 2 of said chapter 236 is hereby amended by inserting at the end thereof the following words:- and provided further, that not less than $5,000,000 shall be expended for the repair, renovation and reconstruction of Vietnam Veterans Memorial Pool in the city of Chelsea.

The Governor disapproved this section.
SECTION 230.
Item 2100-2017 of section 2 of said chapter 236 is hereby amended by inserting after the word "Reading", in line 67, the following words:- ; provided, further, that $275,000 shall be expended for a study, including a water table analysis, storm water runoff and other flood-related issues related to the Aberjona River in the Town of Winchester; provided further, that not less than $250,000 shall be expended for volunteer water monitoring grants.

The Governor disapproved this section.
SECTION 231.
Item 2200-2011 of section 2 of said chapter 236 is hereby amended by inserting after the words "city of Melrose" the following words:- provided further, that not less than $250,000 shall be expended for the Town of Clinton for the purpose of conducting a Comprehensive Site Assessment of South Meadow Pond and the presence of leachate from the former Clinton Landfill site; provided further, that not less than $100,000 shall be expended for the planning and development of a new regional water treatment plant for the Tri-Town Water Board, representing the towns of Braintree, Randolph, and Holbrook.

SECTION 232. Item 2200-2015 of section 2 of said chapter 236 is hereby amended by inserting after the word "Salem", in line 25, the following words:- provided, further, that $500,000 shall be expended for the clean up of Lake Quannapowitt, its shoreline, bank, buffer zone, and land in the vicinity thereof and enhance its future access and use.

The Governor disapproved this section.
SECTION 233.
Item 2820-2012 of section 2 of said chapter 236 is hereby amended by inserting after the words "development of such sites" the following words:- provided further, that $75,000 shall be expended on an education and recreation pilot program in the Quaboag and Ware River Valley to be administered by the Massachusetts watershed coalition.

The Governor disapproved this section.
SECTION 234.
Item 2840-2020 of section 2 of said chapter 236 is hereby amended by inserting after the word "properties" the following words:- ; provided, further, that not less than $250,000 shall be expended for the Product Stewardship Institute within the University of Massachusetts in Lowell.

SECTION 235. Item 7066-2010 of section 2 of chapter 245 of the acts of 2002 is hereby amended by inserting after the word "grounds", in line 6, the following words:- ; provided that notwithstanding any other provision of this act or of any general or special law to the contrary, the commissioner of capital asset management and maintenance may enter into a lease for any portion of the former Attleboro high school in the city of Attleboro on such terms as the commissioner and the president of Bristol Community College may agree for its use by the college; provided further, that notwithstanding any other provision of this act, said commissioner may expend any bond funds authorized by this act to make any improvements to the former Attleboro high school as may be deemed appropriate or necessary by the commissioner and the president for the use of the building by Bristol Community College including, but not limited to, improving handicapped accessibility at the building.

SECTION 235A. Chapter 259 of the acts of 2002 is hereby amended by striking out section 4 and inserting in place thereof the following section:-

Section 4. The conveyance of the easement authorized in section 1 shall be for the nominal consideration of $1.

SECTION 236. Section 61 of chapter 300 of the acts of 2002 is hereby repealed.

SECTION 237. Section 62 of said chapter 300 is hereby repealed.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 238.
Item 8000-0010 of section 2 of chapter 26 of the acts of 2003 is hereby amended by adding after the words "description of these grants" the following:- ; provided further, that $165,000 shall be provided for community policing in the Dudley Square section of Roxbury in the city of Boston; provided further, that not less than $20,000 shall be provided for community policing in Revere.

The Governor returned with recommendation of amendment, see H4917.
SECTION 239.
Section 548 of said chapter 26 is hereby amended by striking out subsection (n) and inserting in place thereof the following subsection:-

(n) The commissioner shall deposit the first $25,000,000 of the proceeds realized from property dispositions under this section into the General Fund. After the deposit into the General Fund of said $25,000,000, the next $25,000,000 realized from surplus property disposition under this section shall be deposited into the Smart Growth Housing Trust Fund established in section 35BB of chapter 10 of the General Laws. Any proceeds realized in excess of the foregoing amounts, shall be deposited into the Commonwealth Stabilization Fund, established in section 2H of chapter 29 of the General Laws.

SECTION 240. Section 591 of said chapter 26 is hereby repealed.

The Governor disapproved this section.
SECTION 241.
Section 632 of said chapter 26 is hereby repealed.

SECTION 242. Section 633 of said chapter 26 is hereby amended by striking out the second and third paragraphs and inserting in place thereof the following 2 paragraphs:-

Notwithstanding any general or special law to the contrary, the board of trustees for the university of Massachusetts system and the president of the university are hereby authorized and directed to establish a two year pilot program for out of state tuition retention at the flagship campus of the university at Amherst. The board shall promulgate regulations to allow the administration of the Amherst campus to retain, in fiscal years 2004 and 2005, all tuition paid by students who are not residents of Massachusetts. The regulations shall ensure that no resident of Massachusetts is denied admission to the Amherst campus as a result of the tuition retention pilot project. The board of trustees for the university system shall issue a report on the progress of said initiative no later than February 1, 2004 and 2005 to the house and senate chairs of the joint committee on education, arts, and humanities, and the chairs of the house and senate ways and means committees. The report shall include the number of out of state students attending the school, the amount of tuition revenue retained under the program, and any programs or initiatives funded with the retained revenue.

Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees' salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the boards of trustees of public higher education institutions as a direct result of the implementation of this section.

SECTION 243. Section 678 of said chapter 26 is hereby repealed.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 244.
Section 703 of said chapter 26 is hereby repealed.

The Governor disapproved this section.
SECTION 245.
Section 115 of chapter 46 of the acts of 2003 is hereby amended by inserting after the words "Essex County", each time they appear, the following words:- and Franklin County; and.

The Governor disapproved this section.
SECTION 246.
Said section 115 of said chapter 46 is hereby further amended by adding the following sentence:- Any eligible employees of the Franklin sheriff's office must file their application with the board within 90 days of the effective date of this act.

SECTION 247. Section 2 of chapter 107 of the acts of 2003, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Any person currently on probation or parole as a result of such conviction, adjudication or other judicial determination, notwithstanding the date of such conviction, adjudication or judicial determination, who has not previously submitted a DNA sample to the department under said chapter 22E, shall submit a DNA sample to the department within 1 year after the effective date of this Act, or prior to the termination of his probation or parole, whichever occurs first.

SECTION 248. The department of conservation and recreation shall ensure that all pools and aspects of all pools, parks and recreational facilities under the jurisdiction of the department shall remain open for the full summer season and that the beaches have their full amount of required maintenance and upkeep.

SECTION 249. The department of conservation and recreation shall expend all funds necessary up to $10,000 for the repair, refurbish or the replacement of the William Reinstein Memorial Plaque on the Revere Beach Bandstand.

SECTION 250. 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. As required or permitted by federal law, 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. The executive office of administration and finance may grant an agency or provider an exemption from this section for good cause. The executive office of health and human services and the 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.

The Governor returned with recommendation of amendment, see H4918.
SECTION 251.
Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall expend or reimburse necessary funds to repair and replace failed, failing and damaged culverts in the Sales Creek drainage channel of the cities of Revere and Boston, which are owned by said department and which pose potential public health emergencies by preventing adequate drainage of a major watershed, and to repair and restore the damaged surfaces in the area surrounding the collapsed or undermined culverts that pose potential public safety emergencies due to unstable ground and surface areas under Tomasello Road and other areas, roadways and drives.

SECTION 252. Notwithstanding any general or special law to the contrary, retired employees of Franklin county and the surviving spouses of retired Franklin county employees who are eligible for group insurance coverage as provided under chapter 32B of the General Laws or who are insured under said chapter shall have such eligibility and coverage transferred to the jurisdiction of the group insurance commission effective on the first day of the month following 90 days after the governor's signature and such persons shall cease to be eligible or insured under the provisions of said chapter 32B. The group insurance commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance benefits to the extent authorized under the provisions of chapter 32A of the General Laws. All questions relating to group insurance rights, obligations, costs and payments shall be determined by the group insurance commission, and shall include the manner and method for the payment on all required premiums applicable to all such coverage.

SECTION 253. There shall be a pilot program operated by the Barnstable county sheriff to determine the effectiveness of proposed improvements to the regional uniform protocol for sex offender management. Any individual who has been adjudicated as a sex offender, is being released from a department of correction facility or a house of correction, and intends to reside in Barnstable county must register with the sex offender registry board 90 days before his release and declare the municipality in which he plans to reside. The department of correction facility or house of correction releasing such a sex offender shall require that he be transferred to the house of correction in Barnstable county 30 days before his release. One critical objective of the pilot program shall be to insure, through the expanded use of regional hearing officers, that all sex offenders being released into Barnstable county municipalities are registered and classified before they are released from custody. The sex offender registry board, in consultation with the Barnstable county sheriff, shall expand the use of regional hearing officers in Barnstable county to insure the registration and classification of sex offenders before their release from custody. In registering, sex offenders must disclose their primary and any secondary post-release addresses.

The pilot program shall operate until June 30, 2005.

SECTION 254. Notwithstanding any general or special law to the contrary, any indebtedness authorized by a city or town before July 31, 2003, that was subject to the debt limit prescribed by section 10 of chapter 44 of the General Laws, that was in excess of 2.5 per cent of the equalized valuation of the city or town but not in excess of 5 per cent of the equalized valuation of the city or town, and that was not approved by the emergency finance board as was required by said section 10 prior to July 31, 2003, may be issued only if such indebtedness is approved by the municipal finance oversight board.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 255.
Notwithstanding any general or special law to the contrary, the executive office of health and human services shall, by September 24, 2004, apply to the federal Centers for Medicare and Medicaid Services for a waiver from the provisions of 42 U.S.C. Sec. 1396b(w)(3)(B) for the nursing facility user fee created by section 25 of chapter 118 of the General Laws, to mitigate the impact of the user fee on nursing facilities that: (1) have 100 or fewer licensed beds; (2) were established and licensed in Massachusetts prior to the enactment of the Health Insurance for the Aged Act, Pub. L. 89-97, Title I, 79 Stat. 290, and the Medicaid Act, Pub. L. 89-97, Title I, Sec. 121(a), 79 Stat. 343, on July 30, 1965; and (3) are not participating in either of the Medicare or Medicaid programs.

The form of such a waiver application shall meet the requirements for automatic approval by the federal Centers for Medicare and Medicaid Services pursuant to 42 U.S.C. Sec. 1396b(w)(3)(E), including (1) that the net impact of the nursing facility user fee with the waiver remains generally redistributive in nature, as provided in 42 C.F.R. Sec. 433.68(e)(1)(ii), and (2) that the amount of the nursing facility user fee with the waiver remains not directly correlated to payments for items or services, and therefore meets the hold harmless requirements provided in 42 C.F.R. Sec. 433.68(f).

In the waiver application, patient days from nursing facilities not described in the first paragraph above that must be exempted from the nursing facility user fee in order for the waiver application to meet the requirements for automatic approval by the Centers for Medicare and Medicaid Services shall be apportioned equally between nursing facilities in Essex, Middlesex, Norfolk, Plymouth, and Suffolk counties.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 256.
Notwithstanding any general or special law to the contrary, the executive office of health and human services shall amend its April, 2004 application to the federal Centers for Medicare and Medicaid Services (CMS) for a waiver from the uniformity provisions of 42 U.S.C. Sec. 1396(w)(b) to mitigate the impact of the user fee on nonprofit continuing care retirement communities and nonprofit residential care facilities. The amended waiver application shall be submitted to CMS within 45 days of the effective date of this section in a manner that is automatically approvable by the federal Centers for Medicare and Medicaid Services pursuant to 42 CFR 433.68(2)(ii). In addition to nonprofit continuing care retirement communities and nonprofit residential care facilities, the division shall include in its amended waiver application, as facilities with non-uniform rates, non-profit facilities with the highest number of Medicaid days in order for the application to meet the generally redistributive test in 42 CFR 433.68(2)(ii).

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 257.
Notwithstanding the provisions of any general or special law to the contrary, the regulations, criteria and standards for determining admission to and continued stay in a nursing home shall not be more restrictive than those regulations, criteria and standards in effect on January 1, 2004 until such time as the executive office of health and human services and the executive office of elder affairs submit a multi-year plan to the house and senate committees on ways and means, the joint committee on health care, and the house committee on medicaid detailing the suggested timeline for phasing in changes to nursing home clinical criteria, provided that said changes shall not adversely affect current nursing home residents and shall not jeopardize the effectiveness of the 2176 home and community based waiver.

SECTION 258. Notwithstanding any general or special law to the contrary, each state and community college shall require that all students enrolled in 9 or more credits submit written documentation evidence of adequate medical insurance coverage. A list of the names, addresses, and social security numbers of all students indicating any form of MassHealth insurance coverage shall be forwarded to the division of medical assistance for evaluation of alternative insurance options. The list shall be subject to privacy standards pursuant to Public Law 104-191, and the Health Insurance Portability and Accountability Act of 1996.

The division may assist in the purchase of group health insurance, including insurance offered through a college or university, on behalf of an eligible MassHealth member, provided that the division has determined that the purchase of such insurance is cost-effective and will be provided at no cost to the commonwealth. The division shall deny liability to any adult who refuses to enroll in other available insurance.

SECTION 259. Notwithstanding any general or special law to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $172,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to certain acute care hospitals. 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 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 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 be not less than 50 per cent of the Title XIX payment. All revenues generated pursuant to this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws. An accounting of such payments shall be reported quarterly to secretary of administration and finance and the house and senate committees on ways and means.

SECTION 260. Notwithstanding any general or special law or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $10,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to the Holyoke medical center. 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. The funds shall not be expended unless the Holyoke medical center has executed the division of medical assistance's current Acute Hospital Request for Applications and Contract, and the city of Holyoke makes an intergovernmental funds transfer in an amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. All revenues generated pursuant to this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws.

SECTION 261. Notwithstanding any general or special law or rule or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $10,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to qualifying hospitals located in the city of Lawrence. 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. The funds shall not be expended unless the qualifying hospitals have executed the division of medical assistance's current acute hospital request for applications and contract, and the city of Lawrence makes an intergovernmental funds transfer in an amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. All revenues generated pursuant to this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws.

SECTION 262. Notwithstanding any general or special law or rule or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $10,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to qualifying hospitals located in the Dorchester section of the city of Boston. 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. The funds shall not be expended unless the qualifying hospitals have executed the division of medical assistance's current acute hospital request for applications and contract, and the Boston public health commission makes an intergovernmental funds transfer in an amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. All revenues generated pursuant to this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws.

SECTION 263. Notwithstanding any general or special law to the contrary, the comptroller shall transfer on or before June 30, 2005, 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, 2004. The payments shall be made to hospitals prior to, and in anticipation of, the payment by hospitals of their gross liability to the fund. The comptroller shall transfer from the Uncompensated Care Trust fund to the General Fund not later than June 30, 2005, the amount of the transfer authorized in this section and any allocation thereof as certified by the commissioner of health care finance and policy.

The Governor returned with recommendation of amendment, see H4919.
SECTION
264. Notwithstanding any general or special law to the contrary, in hospital fiscal year 2005, the division of health care finance and policy is authorized to administer, as provided in this section, the Uncompensated Care Trust Fund established by section 18 of chapter 118G of the General Laws, to collect assessments as specified in section 1 of said chapter 118G for deposit to the fund, and make certain payments to acute hospitals and community health centers from the uncompensated care pool to offset the costs of services provided to uninsured residents. The division and the division of medical assistance may promulgate regulations to implement any of the provisions in this section.

The division, in consultation with the division of medical assistance and the executive office of health and human services, shall ensure that assessment liability to the fund and payments from the uncompensated care pool are structured in a manner that would secure for the General Fund the maximum allowable federal reimbursement under Title XIX, XXI or any successor federal statute.

In hospital fiscal year 2005, the total liability of all acute care hospitals to the fund shall be $160,000,000 and the division of health care finance and policy shall calculate an assessment percentage rate by dividing $160,000,000 by the projected annual aggregate private sector charges in the fiscal year for all acute care hospitals. Each acute care hospital's liability to the fund shall be equal to the product of the percentage rate and its "private sector charges".

In hospital fiscal year 2005, the total surcharge liability of surcharge payers to the uncompensated care trust fund shall be $160,000,000. The surcharge amount for each surcharge payer shall be equal to the product of (a) the surcharge percentage and (b) amounts paid for services of an acute hospital or ambulatory surgical center by each surcharge payer. The division of health care finance and policy shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate "payments subject to surcharge", as that phrase is defined in section 1 of chapter 118G of the General Laws.

All title XIX federal financial participation revenue generated by hospital payments funded by the Uncompensated Care Trust Fund, whether the payments are made by the division of health care finance and policy or the division of medical assistance, shall be credited to the General Fund; provided however, that for fiscal year 2005, the comptroller shall transfer to the Uncompensated Care Trust Fund $208,000,000 of the federal financial participation credited to the General Fund.

All hospital payments made pursuant to this section are subject to federal approval and conditioned on the receipt of full federal financial participation. All such payments shall be established in accordance with Title XIX of the Social Security Act, or any successor federal statute, any regulations promulgated thereunder and the commonwealth's Title XIX state plan; provided, that the division, in consultation with the division of medical assistance, the executive office of health and human services, the Massachusetts Hospital Association, and representatives of acute care hospitals, shall ensure that all funding for hospital payments made pursuant to this section through disproportionate share payments or Title XIX services rate adjustment payments, shall qualify for federal financial participation.

The division of health care finance and policy shall calculate an annual payment liability from the uncompensated care pool to each acute hospital for fiscal year 2005. In determining the liability amount, the division shall (a) (1) calculate each hospitals actual free care cost for the 12 month period from May 2003 to April 2004 by using each hospital's actual submitted free care charges to the division of health care finance and policy on UC-03 and UC-04 times their ratio of cost to charge for pool fiscal year 2003 and pool fiscal year 2004; (2) project each hospital's free care costs above for the period from May 2003 to September 2003 to May 2004 to September 2004 using a 14 per cent cost and volume growth inflation factor; (3) project each hospital's total pool fiscal year 2004 free care costs by adding actual hospital's free care cost for October 2003 to April 2004 from subclause (1) to the projected hospital's free care costs for May 2004 to September 2004 from subclause (2); (4) project each hospital's total free care costs for pool fiscal year 2004 by multiplying the hospital's pool fiscal year 2004 projected free care costs from subclause (3) by a cost and volume inflation factor of 8 per cent; and (5) take into account such factors as the financial burden of hospitals that provide proportionately the largest volume of free care and the situation of any free-standing pediatric hospital with a disproportionately low volume of Title XVIII payments; and (b) allocate the available funds in a manner that pays to each hospital a fixed percentage of its projected free care costs for hospital fiscal year 2005, as determined by the division using prior year data and considering the total funds available for the purpose; provided that the fixed percentage shall not be less than 85 per cent of free care costs as defined in section 1 of chapter 118G of the General Laws for the 2 disproportionate share hospitals with the highest relative volume of free care costs in hospital fiscal year 2002, and not less than 88 per cent of free care costs, as defined under said section 1 of said chapter 118G, for the 14 acute hospitals with the next highest relative volume of free care costs in said year; provided further that in order to identify said 16 hospitals, the division shall rank all hospitals based on the percentage of each hospital's free care costs divided by the total free care costs of all hospitals in the commonwealth. In addition to those 14 disproportionate share hospitals, a teaching hospital located in Hampden county with high Medicaid utilization shall receive not less than 88 per cent of its free care costs reimbursed and a community hospital located in Norfolk county with an affiliation with a disproportionate share financially distressed community hospital located in Suffolk county with a locked inpatient adolescent psychiatric unit shall be reimbursed not less than 88 per cent of its free care costs. All other acute hospitals shall receive the highest possible percentage of free care costs given available remaining funds. The hospital fiscal year 2005 annual liability amount to each hospital shall be funded by the trust fund; provided, that the liability may be satisfied through either a disproportionate share payment or adjustment to Title XIX service rate adjustment payment, or combination thereof, in accordance with the terms provided for in an agreement entered into by any acute hospital and the division of medical assistance. The comptroller shall transfer without further appropriation funds to the division of medical assistance for the purpose of the Title XIX service rate adjustment payments.

The division of medical assistance shall maximize the use of other federally permissible funding mechanisms available for publicly-operated hospitals and hospitals with an affiliation with a publicly-operated health care entity to reimburse up to $70,000,000 of uncompensated care costs at the hospitals using sources distinct from the funding made available to the trust fund under this section.

The division of medical assistance shall make payments from the uncompensated care pool for services provided by community health centers to uninsured residents in accordance with the relevant provisions of chapter 118G, and regulations promulgated under chapter 118G, in effect at the end of fiscal year 2004. Said division, in consultation with the division of medical assistance, the executive office of health and human services, and interested parties representing community health centers, shall develop a plan and take whatever steps necessary to adjust any or all payments made to community health centers for uncompensated care to be paid as Title XIX service rate adjustment payments, in accordance with Title XIX of the Social Security Acts, or any successor federal statute, any regulations promulgated thereunder. The comptroller shall transfer without further appropriation funds determined by the division of health care finance and policy to the division of medical assistance for the purpose of the Title XIX service rate adjustment payments under this section. The division of health care finance and policy shall submit a report by March 30, 2005 specifying the payments made to community health centers for uncompensated care paid as Title XIX service rate adjustment payments and the amount of federal reimbursement obtained and anticipated in hospital fiscal year 2005 from such payments. Said federal reimbursement shall be deposited to the Uncompensated Care Trust Fund and be appropriated by September 30, 2005, to be used by community health centers as provided by this paragraph and any other provider of free care.

In hospital fiscal year 2005, not less than $5,000,000 shall be expended from the uncompensated care trust fund to fund a Pool Audit Unit within the office of the Inspector General. Said unit shall hire auditors to oversee and examine the practices in emergency rooms of all Massachusetts hospitals. Said practices shall include but not be limited to: (1) enrollment of uninsured patients into MassHealth or other available programs; (2) free care charges hospitals are making to the free care pool and whether these charges accurately represent costs incurred by uninsured patients; (3) any cost diversion or shifting to the Uncompensated Care Pool that might be occurring in hospital ERs as the result of inadequate payment from public or private payers, and (4) reporting on whether current assessments are fairly and evenly distributed per individual covered between all types of health plans, whether such plans are Massachusetts regulated, ERISA-exempted, or self-insured plans. Said office shall promulgate regulations to carry out the provisions of this section. The inspector general's office shall submit a report to the house and senate committees on ways and means on the results of said audits no later than January 20, 2005. For the purposes of said audits, allowable free care services shall be defined pursuant to chapter 118G of the General Laws.

In hospital fiscal year 2005, $5,000,000 shall be transferred from the uncompensated care trust fund to the division of medical assistance, in collaboration with the division of health care finance and policy, to fund the start-up costs associated with the design and implementation of a cost-neutral pilot program of primary and preventive care and disease management of chronic conditions that will reduce the costs of federally mandated emergency care and the costs otherwise charged to the uncompensated care pool. Individuals eligible for said pilot program shall include but not be limited to recipients of emergency assistance for the elderly, disabled and children, elderly residents aged 65 or older and adults under age 65 who are disabled, blind or chronically ill. The division shall report back to the house and senate committees on ways and means on the cost neutrality of the pilot program and data on anticipated savings to the Uncompensated Care Pool by December 1, 2004.

In hospital fiscal year 2005, $500,000,000 from the trust fund shall be credited to the uncompensated care pool for payments to acute hospitals provided for herein and $56,000,000 from the trust fund shall be credited to the pool for payments to community health centers provided for in this section; provided further, that $28,000,000 of said $56,000,000 payment for said community health centers, shall come from federal financial participation monies received from said $28,000,000 expenditure. The comptroller shall transfer, without further appropriation, $160,000,000 from the trust fund to the division of medical assistance for the purposes of meeting payment obligations for services provided by the MassHealth Essential program.

SECTION 265. Notwithstanding any general or special law to the contrary, the Title XIX single state agency shall administer a program of preventive and primary care for chronically unemployed persons who are not receiving unemployment insurance benefits and who are not eligible for medical assistance but who are determined by the division to be long-term unemployed, provided that such persons meet the eligibility requirements established under the MassHealth program as established in section 9A of chapter 118E of the General Laws; provided that such persons' financial eligibility shall not exceed 100 per cent of the federal poverty level. Such eligibility requirements shall not exclude from eligibility persons who are employed intermittently or on a non-regular basis. The provision of care to such persons under this program may, taking into account capacity, continuity of care and geographic considerations, be restricted to certain providers including community health centers, hospital-licensed health centers, mental health providers, and, where necessary to ensure access, larger primary group practice settings. Funding for the program may not exceed $160,000,000 in hospital fiscal year 2005. Enrollment in the program shall not exceed 36,000 persons. If the agency projects that there is adequate funding to increase the enrollment cap, said agency must also certify that said increased enrollment shall not cause the program to annualize beyond the amount appropriated in fiscal year 2005. Sixty days prior to enrolling any person beyond the 36,000 cap, the agency shall notify and receive approval for such an increase from the house and senate committees on ways and means. The agency may operate the program until September 30, 2005. Implementation of the program shall be contingent upon the agency obtaining any requisite federal approval. The agency shall collect information on each person enrolled in the program and shall report quarterly to the house and senate committees on ways and means the following: (1) the number of persons enrolled; (2) the geographic distribution of said persons; (3) the location of service of each billable claim delineated by enrollee; (4) the type of services provided to enrollees; (5) enrollment patterns delineated by enrollee, including but not limited to, coverage start date, coverage end date, any transfer of coverage from the MassHealth Essential program to other MassHealth programs, other state funded programs, or federally funded programs; and (6) data collected on utilization on emergency room visits as compared to visits to community health centers and other lower-cost sites of care. The agency shall account for all spending on the program on the Massachusetts management accounting reporting system.

SECTION 266. Notwithstanding any general or special law to the contrary, the division of medical assistance shall seek a federal waiver under the Health Insurance Flexibility and Accountability Act to expand MassHealth coverage to children between 200 and 400 per cent of the federal poverty line. Said waiver may restrict benefits offered to such services including, but not limited to, well child visits and immunizations, physician office visits, laboratory tests, X-Rays, family planning services, specialty consultations, a prescription drug benefit, eye exams, hearing tests, a durable medical equipment benefit, mental health and substance abuse visits of up to 20 outpatient visits each year, and basic dental benefits but must include limited inpatient hospital services. Said division shall devise said program to incur costs of not more than $100 per member per month. Said division shall report to the house and senate committees on ways and means within 10 days of filing said waiver with the center for medicare and medicaid services and shall notify said committees within 10 days of approval of said waiver. No funds shall be expended on said children in fiscal year 2005 until said secretary has provided written certification to the house and senate committees on ways and means that such waiver was granted before the end of fiscal year 2005. Said certification must be submitted at least 90 days before any children are enrolled in the waiver program.

SECTION 267. Notwithstanding any general or special law to the contrary, the division of medical assistance, hereafter referred to as the division, 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. Such appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter 118G of the General Laws. Such appropriate action shall include the establishment or renewal of an interdepartmental services agreement between the division and the division of health care finance and policy which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the Uncompensated Care Trust Fund, established by section 18 of said chapter 118G of the General Laws, or authorize the division of health care finance and policy to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter 118G of the General Laws 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. The division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division of health care finance and policy under such interdepartmental services agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the Uncompensated Care Trust Fund as determined by the division of health care finance and policy pursuant to said section 18 of said chapter 118G of the General Laws. Any federal funds obtained as a result of said actions 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 effectuate this section, including procedures to facilitate the expeditious assessment, collection and expenditure of funds pursuant to this section.

The Governor returned with recommendation of amendment, see H4920.
SECTION
268. Notwithstanding any general or special laws to the contrary, in fiscal year 2005, expenditures from the Essential Community Provider Expendable Trust Fund as established by section 133 of chapter 140 of the acts of 2003, shall be dedicated to efforts that are designed to improve and enhance the ability of the essential community providers to serve populations in need more efficiently and effectively, including, but not limited to, the ability to provide community-based care, clinical support and care coordination services, pharmacy management services, or other efforts to create effective coordination between hospital care and ambulatory care sites in the community. The secretary of health and human services shall develop emergency regulations governing the recommended uses of said fund in partnership with the Massachusetts League of Community Health Centers and the Massachusetts Hospital Association; provided, that the secretary shall provide a $200,000 one-time grant from the fund for a community health center serving the full range of the underserved population in the town of Barnstable and further serving the dental needs of all the underserved population throughout the mid-cape area; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a sole community hospital under the Medicare program located in Barnstable county; provided further, that the secretary shall provide a $250,000 one-time grant from the fund for an acute hospital serving the Melrose and Wakefield communities that operates a family health service clinic; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a non-teaching, community, disproportionate share, acute care hospital located in southeastern Massachusetts, which provides inpatient care to over 5,000 MassHealth or MassHealth HMO patients per year; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a non-profit visiting nurse association located in Boston, that delivers at least 30 per cent of all MassHealth reimbursed skilled nursing visits and at least 50 per cent of all MassHealth reimbursed home health aide services in Suffolk county; provided further, that the secretary shall provide a $400,000 one-time grant from the fund for a community health center located in the South Boston section of the city of Boston which operates an urgent care center and which is affiliated with the disproportionate share teaching hospital in Suffolk county with the highest volume of free care; provided further, that the secretary shall provide a $350,000 one-time grant from the fund for a community health center located in the Codman square neighborhood of the Dorchester section of the city of Boston providing health care to medically underserved patients in Dorchester, that has formed an integrated health services network to provide access to primary and preventive public health services; provided further, that the secretary shall provide a $350,000 one-time grant from the fund for a community health center located near the Fields Corner neighborhood of Dorchester, on Dorchester avenue, providing health care to medically underserved patients in Dorchester, who has formed an integrated health services network to provide access to primary and preventive public health services; provided further, that the secretary shall provide a $400,000 one-time grant from the fund for a community health center with at least 3 sites serving the medically underserved areas of Dorchester and South Boston, including at least one public housing project; provided further, that the secretary shall provide a $750,000 one-time grant from the fund to a disproportionate share hospital provider in the county formerly known as Essex county that has a family practice residency in partnership with a federally qualified community health center; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a teaching hospital located in central Berkshire county; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for a hospital located in Hampden county, west of the Connecticut river with under 100 beds that participates in MassHealth; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a hospital that is a member of the UMass Memorial Health Care system located in Hampden county with less than 50 licensed beds; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a community hospital located in Hampshire county with an affiliation with a teaching hospital located in Hampden county; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for a community health center that serves as a family practice residency training site for a commonwealth funded medical school and that assumed the primary care services of the former Worcester city hospital; provided further, that the secretary shall provide a $250,000 one-time grant from the fund for a not-for-profit long term acute care hospital located in the Roxbury section of the city of Boston; provided further, that the secretary shall provide a $950,000 one-time grant from the fund to a disproportionate shore acute care hospital located in the southeastern Massachusetts division of the medical assistance psychiatric service area that operates an inpatient psychiatric unit within the city of Brockton; provided further, that the secretary shall provide a $4,000,000 one-time grant from the fund for statewide providers with the service area of the Sisters of Providence health system and Providence behavioral health hospital; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for an acute care hospital located in Gloucester that is part of a health care system; provided further, that the secretary shall provide a $2,500,000 one-time grant from the fund for an acute care hospital located in the city of Holyoke that is affiliated with a commonwealth-owned university medical school and that provides clinical training programs for nurses, allied health professionals and technicians through affiliations with community colleges and private universities; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for Waltham community health center; provided further, that the secretary shall provide a $3,000,000 one-time grant from the fund for a community health center located in Suffolk county that participates in the MassHealth program and operates a 24-hour urgent care facility and a 340B outpatient pharmacy program; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a disproportionate share teaching hospital located in Hampden county; provided further, that said secretary shall provide a $300,000 one-time grant from the fund to inpatient behavioral health providers under contract with MassHealth's managed care contractors for mental health and substance abuse for costs associated with providing care to stuck kids, so called; provided further, that the secretary shall provide a $285,000 one-time grant from the fund for a community, non-profit, acute care regional teaching hospital located in Worcester county affiliated with the University of Massachusetts memorial health care system; provided further, that the secretary shall provide a $250,000 one-time grant from the fund for a community health center located in the North End section of the city of Boston; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for a community hospital located in the city of Lynn; provided further, that the secretary shall provide a $5,500,000 one-time grant from the fund for a disproportionate share financially distressed community hospital located in Suffolk county with a locked inpatient adolescent psychiatric unit that participates in the MassHealth program; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a community hospital located in Norfolk county with an affiliation with a disproportionate share financially distressed community hospital located in Suffolk County with a locked inpatient adolescent psychiatric unit; provided further, that the secretary shall provide a $1,200,000 one-time grant from the fund for a disproportionate share teaching hospital in Worcester County for emergency mental health services; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a pediatric rehabilitation hospital located in Suffolk County. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the fund. Nothing provided herein shall preclude any hospital or community health center from receiving additional funds from this fund. Provided, that all expenditures made from said fund shall be made eligible for federal reimbursement by the secretary and the executive office of health and human services. The secretary shall file a report not later than November 1, 2004 to the speaker of the house of representatives, the president of the senate and to the house and senate committees on ways and means outlining the providers to be funded during fiscal year 2005 from the fund, the amount expended or to be expended for each provider pursuant to this section and the amount of anticipated federal reimbursement. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into this fund.

The Governor returned with recommendation of amendment, see H4921.
SECTION
269. Notwithstanding any general or special law to the contrary, during fiscal year 2005 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 less than $700,000,000 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 growth in membership of such publicly-operated entities' managed care organizations shall increase by not less than 48 per cent in fiscal year 2005. The funds may be expended only for payment obligations arising during fiscal year 2005. 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. 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 said medical assistance intergovernmental transfer account an amount equal to 55 per cent of the gross amounts of supplemental payments made by the division of medical assistance under managed care contracts with the commissions. An amount equal to 4.4 per cent of the total amount that the Boston and Cambridge public health commissions transfer to the medical assistance intergovernmental transfer account pursuant to this section shall be transferred from said medical assistance intergovernmental transfer account to revenues available for the administration of the uncompensated care pool, as established under subsection (d) of section 18 of chapter 118G of the General Laws. An amount equal to 5.3 per cent of the total amount that the Boston and Cambridge public health commissions transfer to the medical assistance intergovernmental transfer account pursuant to this section shall be transferred from said medical assistance intergovernmental transfer account and credited to the Essential Community Provider Expendable Trust Fund, established by section 133 of chapter 140 of the acts of 2003.

SECTION 270. Notwithstanding any general or special law, rule or regulation to the contrary, the executive office of health and human services may, on a demonstration basis in the area defined and limited under the federally funded DOHHS HRSA CAP Grant 11-G92-OA 00005-02, provide benefits described in section 9C of chapter 118E of the General Laws to employees and employers who are described and limited under the program set forth in the demonstration, and may expend monies from any appropriation for benefits provided under said section 9C of said chapter 118E to also provide benefits specified in the demonstration expanding the income limits set forth in said section 9C of said chapter 118E from 200 per cent to 300 per cent of the federal poverty level, but (1) the executive office shall seek to obtain a modification of its demonstration, as defined in subsection (I) of section 9A of said chapter 118E that would allow for federal reimbursement for any of the expenditures for providing the benefits specified in the demonstration; and (2) the demonstration, without expenditure of monies from any appropriation for benefits provided under said section 9C of said chapter 118E, shall also be permitted to offer health coverage to employees between 300 per cent and 400 per cent of the federal poverty level. Sections 3 to 8, inclusive, of chapter 176J of the General Laws and 211 CMR 66.00 shall not apply to health coverage provided by carriers pursuant to this section.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION 271. Notwithstanding any general or special law or regulation to the contrary, for the purpose of qualification as an essential MassHealth hospital, teaching hospitals affiliated with a commonwealth-owned university medical school shall include hospitals with the affiliation that: (i) have at least 25 full time equivalent residents and interns; or (ii) provide clinical training programs for nurses and allied health professionals and technicians through affiliations with community colleges and private universities.

SECTION 272. 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 any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low-income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with requirements of Title XIX of the Social Security Act. 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 payment adjustments 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 centers for Medicare and Medicaid services. 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 pursuant to this section shall be deposited in the General Fund. The state treasurer and the comptroller shall establish such procedures as may be necessary to effectuate this section, including procedures for the proper accounting and expenditure of funds under this section.

SECTION 273. Notwithstanding any general or special law to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $125,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to the University of Massachusetts Memorial Hospital and its affiliated hospitals. 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 said division for such payments. No such funds shall be expended unless the University of Massachusetts Memorial Hospital and its affiliated hospitals have executed the division of medical assistance's current Acute Hospital Request for Applications and Contract, and the University of Massachusetts Medical School makes an intergovernmental funds transfer in an amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. All revenues generated pursuant to 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. 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 274. Notwithstanding paragraph (a) of subsection (xxiii) of section 9 of chapter 211B of the General Laws, or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 30, 2005, transfer funds from any item of appropriation of any trial court department to any other item of appropriation within the trial court department. Said transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. Said schedule shall include the following: (1) the amount of money transferred from one item of appropriation to another; (2) the reason for the necessity of such transfer; and (3) the date on which said transfer is to be completed. No such transfer shall occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.

SECTION 275. The provisions of section 615 of chapter 26 of the acts of 2003 shall apply in fiscal year 2005.

The Governor disapproved this section.
SECTION
276. Notwithstanding any general or special law to the contrary, the executive office of public safety, the department of state police, and the registry of motor vehicles working in conjunction with the Massachusetts Motor Transportation Association and other relevant federal, state, and local agencies and governmental departments, including but not limited to the Federal Motor Carrier Safety Administration, is hereby required to report to the general court the level of compliance with and enforcement of statutes and regulations governing the intrastate and interstate operation of commercial vehicles in the commonwealth. Said report shall include, but not be limited to, consideration of the following: regulations of the United States Department of Transportation and Federal Motor Carrier Safety Administration, as contained in Title 49 of the code of Federal Regulations, relative to proof of financial responsibility, driver qualification files and forms, drug and alcohol testing records as applicable, records and supporting documentation of duty status, driver vehicle inspection reports and maintenance records, hazardous materials records as applicable, and an accident register and copies of all accident reports as required by the commonwealth or insurers; sections 2, 3, 9, and 10 of chapter 90 of the General Laws relative to licensing and registration; section 2B of chapter 85 and section 31 of said chapter 90 relating to the transportation of freight, passengers or hazardous materials; chapter 90F of the General Laws relative to the operation of commercial vehicles; and any other relevant state statute pertaining to the operation of commercial motor vehicles in the commonwealth. Said report shall also include the effect of non-compliance of said statutes and regulations upon the commonwealth's eligibility for federal grant monies by and through the Federal Motor Carrier Safety Administration. Said report, including any legislative recommendations, shall be filed with the house and senate committees on ways and means no later than March 31, 2005.

SECTION 277. Notwithstanding any general or special law to the contrary, the division of operational services shall implement in fiscal year 2005 procurement reforms including, but not limited to the following: (a) a review of the procurement of goods and services to ensure all goods and services procured by the commonwealth or its political subdivisions shall be in the most efficient and cost effective manner possible: (b) deploy new strategies to increase vendor competition including, but not limited to, reverse auctions and multiple-round requests for proposals; (c) review key purchasing categories to provide immediate savings in, including, but not limited to, information technology, office supplies, lighting, food and food service equipment, medical supplies, janitorial supplies, temporary staffing and building supplies; (d) review existing equipment maintenance programs and identify opportunities for savings in state warranty agreements on, including but not limited to, information technology, printers, facsimile machines, copiers, telecommunication equipment, mail machines, and other hardware; (e) work with industry consultants and specialists to analyze contracts, benchmark value against other states and assist in vendor negotiations; provided, that the consultants and specialists shall only be paid from any actual savings discovered; (f) the division shall specifically look into the initial warranties offered with the purchase or lease of the above products, including exploring the option of combining contracts to best provide the commonwealth with equipment and warranties at reduced costs while still providing adequate warranty coverage; and (g) explore the possibility of bulk purchasing for standard equipment or services to increase purchasing power and achieve maximum savings. The division of operational services shall submit a report on the implementation of procurement reforms that shall include, but not be limited to, the following: (a) a summary of actions taken to-date on the above referenced reforms; (b) a review of instances where agencies expended funds on any product when the expenditures exceeded that of the published costs under any statewide procurement contract for fiscal years 2002 to 2004, inclusive, the reasons why these purchases were not made through the statewide contract, and any recommendations on how these purchases can be limited in the future; (c) a report on reverse auctions and multiple round requests for proposal, the frequency that these procurement bidding processes occur in relation to other bidding processes and the reasons why each bid process is chosen over another bid process; (d) where efficiencies can be made in providing statewide procurement contracts for any, information technology, printers, facsimile machines, copiers, telecommunication equipment, mail machines, and other hardware electronic equipment leases, purchases and warranties; and (e) the division shall include in said report recommendations to require the trial courts, University of Massachusetts system, community colleges and state colleges to utilize the statewide contracts in the same manner of all other agencies. The division shall submit the report to the house and senate committees on ways and means not later than January 1, 2005.

SECTION 278. Notwithstanding any general or special law to the contrary, the division of purchased services of the operational services division which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set all such prices in fiscal year 2005 at the same level calculated for fiscal year 2004, except the prices for those programs for Extraordinary Relief, as defined in 808 CMR 1.06(4). Programs for which prices in fiscal year 2004 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2005 the full price calculated for fiscal year 2004.

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 request prior to October 1 of the fiscal year in which the application is filed.

Upon the request of a program, the operational services division shall authorize a minimum price for the program to charge out-of-state purchasers. The price shall be determined in the following manner: the division shall identify the most recent price calculated for the program and apply the estimated rated of inflation which are established by December 1 of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a compounded manner for each fiscal year following the most recent calculated price.

SECTION 279. (a) Notwithstanding section 54 of chapter 7 of the General Laws, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, is hereby authorized, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws and using such competitive proposal process as the commissioner of said division deems necessary or appropriate, to lease and enter into other agreements, for terms not to exceed 20 years, to or with 1 or more offerors who participate in that process, for 1 or more skating rinks, so as to provide for the continued use, operation, maintenance, repair and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated therewith, comprising those ice skating rinks and facilities formerly under the jurisdiction of the metropolitan district commission. For fiscal year 2005, this authorization shall only apply to the following rinks: Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; Cronin Memorial Rink, Revere; Porazzo Memorial Rink, East Boston district, Boston; Simoni Memorial Rink, Cambridge; Veterans Memorial Skating Rink, Arlington; and Veterans Memorial Rink, Waltham.

There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the state. All leases must contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or on the land during the term of the lease.

Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessees to manage, operate, improve, repair and maintain the properties. Any such leases or other arrangements requiring capital improvements to be made to any buildings or surface areas shall include a description of the required capital improvements and, at a minimum, performance specifications. Such leases and other agreements shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties provided by the tenants or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. The division, in consultation with the department, shall structure each lease or other agreement to minimize disturbance of the current rights of any tenants who may currently use any part of the rink or adjoining facilities, whether under a written lease or other arrangement. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the General Fund. The lessees of said properties shall bear all costs deemed necessary or appropriate by the commissioner of the division of capital asset management and maintenance for the transaction, including without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

(b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including but not limited to (1) a comprehensive list of all rinks operated by the responsive bidder or offeror in the last four years, (2) other facilities management or experience of the responsive bidder or offeror, (3) other skating or hockey management experience of the responsive bidder or offeror, (4) a residential discount program, (5) reservation policies, (6) proposed reasonable rates that will ensure continued public access, (7) required financial audits, (8) policies to encourage use of the rink by persons of all races and nationalities, (9) safety and security plans, (10) seasonal opening and closing dates, (11) hours of operation and (12) how the operator will satisfy the following ice time allocation guidelines. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; non-profit youth groups; school hockey; youth groups other than non-profit youth groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, provided that general public skating shall be booked at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.

No proposal to lease the Allied Veterans rink in the city of Everett shall be deemed responsive without a proposal by the same offeror to lease the Cronin rink in the city of Revere.

The inspector general shall review and approve any request for proposal issued by the division before issuance.

The division, in consultation with the department, when evaluating proposals that are otherwise comparable, shall prefer any proposal to lease a rink or rinks that is submitted by a city or town where the rink or rinks are located, or by a non-profit youth hockey organization in the city or town where the rink or rinks are located, provided that the proposal complies with the ice time allocation guidelines outlined above. This subsection shall not apply to the Veterans Memorial Skating Rink in the town of Arlington.

(c) It shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rinks and to preserve the safety and environmental conditions of those rinks, that all employees currently working on the operation and maintenance of the rinks be offered employment by any party entering into a contract pursuant to this section. Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.

(d) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected offeror which is awarded a contract pursuant to this section, except as provided in this section.

(e) The division and the department shall report on the results of any requests for proposals and subsequent leases executed as a result of this section. The report shall include, but not be limited to, the following: the time required to conduct the request for proposals process; the quality and characteristics of the bids received in response to the request; the criteria used to identify successful bidders; the dates of any executed leases; any service changes resulting from executed leases; any increase or decrease in the length of the season of operations for the rink; the capital improvements that have been completed, are under construction or are planned for construction; and the monetary results of any executed leases. The report shall include recommendations for whether the remaining rinks formerly under the jurisdiction of the former metropolitan district commission should be the subject of a request for proposals for fiscal year 2006. The report shall be submitted to the clerks of the house and senate and to the house and senate committees on ways and means no later than February 1, 2005.

SECTION 280. Notwithstanding any general law to the contrary, the town of Lancaster through the Worcester regional retirement board is hereby authorized and directed to pay to Claire B. McNamara, the surviving spouse of Firefighter Martin H. McNamara V, so long as she remains unmarried, an accidental death benefit allowance to consist of a yearly amount of annuity equal to 2/3s of the average annual salary of a first year career firefighter in the local area; such average to be determined by a survey of not less than 3 surrounding towns which are member units of the Worcester regional retirement system, such towns as determined by the Worcester regional retirement system, in consultation with the public employee retirement administration increased 2,600 for each child of Firefighter Martin H. McNamara V during such time as each child is under 18 years of age or 21 years of age if a full time student or such child over 18 years of age who is physically or mentally incapacitated from earning. If there is no surviving spouse or the surviving spouse later dies, such an annuity shall be paid to the eligible children in equal shares. If the surviving spouse marries an annuity of 12,000 should be made annually to the eligible children. For the purposes of this section, the words, "full-time student" shall mean a child who is in full-time attendance in an accredited educational institution offering full-time courses of study equivalent to or higher than secondary school study. The words "accredited educational institution" shall mean any school, college or university that is licensed, approved or accredited, as the case may be, in the state in which it is located. Any annuity granted under this section shall be increased by the same percentage allowed to other retirees or their dependents. Such amounts as are necessary to cover the obligations contained herein shall be raised and appropriated in an amount not to exceed $650,000 contingent upon an override of the provisions of section 21C of chapter 59 of the General Laws, by approval of the voters, said override to be limited to the period of one year and to provide for the purchase of an annuity instrument to provide for the financial obligations as imposed upon the Town by the provision of this section, exclusive of those obligations imposed by section 191.

SECTION 281. The benefits provided by section 280 of this act shall be in the alternative to the benefits authorized by any other general law as it obligates the town of Lancaster. If the town of Lancaster makes payment under said section 280 of this act, it shall have no further obligation to Claire B. McNamara or her dependents under any other general or special law.

SECTION 282. Notwithstanding the provisions of section 281 of this act, Claire B. McNamara, the surviving spouse of Firefighter Martin H. McNamara V, so long as she remains unmarried, and her dependents, shall be eligible for health insurance through the town of Lancaster on the same basis as all other retirees and be responsible for the retirees' share of all premiums.

SECTION 283. Sections 280, 281 and 282 shall be submitted to the voters of the town of Lancaster at the biennial state election to be held on November 2, 2004, in the form of the following question, which shall be placed on the official ballot to be used at said election by the state secretary. "Shall sections 280, 281, and 282 of House Bill 4850 of 2004 which authorized the town of Lancaster to pay a survivor benefit and extend health insurance coverage to Claire B. McNamara and her dependents' be accepted?" If a majority of the votes cast in answer to said question is in the affirmative, these sections shall take effect, but not otherwise.

SECTION 284. Notwithstanding section 100G 1/4 of chapter 41 or any other general or special law to the contrary, the town of Lancaster may pay the reasonable expenses, not exceeding $21,000, of the funeral and burial of Firefighter Martin H. McNamara V who died in the performance of his duties.

SECTION 285. Notwithstanding section 22A and section 21C of chapter 59 of the General Laws or any other general or special law to the contrary, the board of selectmen of the town of Lancaster shall, at least 10 days before any election at which a binding or non-binding question shall be submitted solely to the voters of said town, cause to be posted in one or more locations in the town or on the town's official website, or published in a newspaper in general circulation in the town, as may be determined by by-law, and, at the discretion of the board of selectmen, subject to available funds and any other conditions that may be imposed by by-law, cause to be printed and sent to each residence of 1 or more voters whose name appears on the official voting list and shall make available at each polling place the full text of such question, a fair and concise summary of each question, including a 1 sentence statement describing the effect of a yes or no vote prepared by the town counsel and arguments for and against the question as provided in section 286.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
286. The board of selectmen of the town of Lancaster shall cause to be posted in one or more locations in the town, and/or on the town's official website, or publishing in a newspaper in general circulation in the town, as may be determined by by-law, and, at the discretion of the board of selectmen, subject to available funds and any other conditions that may be imposed by bylaw, cause to be printed and sent, in the manner provided in section 285, arguments for and against each question submitted solely to the voters of said town pursuant to any General Law, including but not limited to, section 21C of chapter 59 of the General Laws. The principal proponents of any such question shall coordinate the preparation and submission to the board of selectmen of one argument, and the principal opponents of any such question shall coordinate the preparation and submission to the board of selectmen of one argument. No argument shall contain more than 250 words. Said board of selectmen shall seek such written arguments from the principal proponents and opponents of each such question. Said board of selectmen shall designate a date by which written arguments must be received, in a written notice to the principal proponents and opponents. Said notice must be issued at least 14 days before the date by which the written arguments must be received. For the purposes of this act, the principal proponents and opponents of any such question shall be those persons determined by said board of selectmen to be best able to present the arguments for and against such question. The principal proponents or opponents of such a question may include a town officer or committee, and the principal proponents may include the first ten signers or a majority of the first ten signers of any petition initiating the placement of such question on the ballot. In determining the principal proponents and opponents of such a question, said board of selectmen shall contact each ballot question committee, if any, as defined in section 1 of chapter 55 of the General Laws, organized specifically to influence the outcome of the vote on such question. If no argument is received by said board of selectmen within the time allowed by this Act, said town counsel shall prepare such argument. All arguments filed with or prepared by the board of selectmen pursuant to this Act, and the summary prepared pursuant to section 194, shall be open to public inspection at the office of the town clerk of said town.

SECTION 287. The official ballot shall include the summary and statement describing the effect of a yes or no vote as provided in section 285.

SECTION 288. Sections 285, 286 and 287 shall apply where the question presented involves the regional district of which the town of Lancaster is a member or involves a joint undertaking by said town of Lancaster and any one or more cities or towns.

SECTION 289. Notwithstanding any general or special law to the contrary, the state comptroller shall, in consultation with the office of consumer affairs and business regulation and the division of local services within the department of revenue, conduct a study of the feasibility of expanding the intercept program to cross-check the list, maintained by the office of the state comptroller for purposes of revenue intercept, of persons owing outstanding receivables to municipalities, including, but not limited to unpaid property taxes, against the records of persons holding licenses issued by the commonwealth to do business in the commonwealth, including, but not limited to licenses issued by the division of professional licensure. Such expansion shall include the authority to suspend or revoke said licenses until such delinquent receivable is paid to the municipality or municipalities in question. The comptroller shall file a report with the house and senate committees on ways and means and the clerks of the house and senate no later than September 1, 2004, detailing his findings. Said report shall include recommendations for legislation to grant any necessary authority to any state officer or state agency in order to better facilitate said expansion of the state intercept program.

SECTION 290. Notwithstanding chapter 7 of the General Laws or any other general or special law or regulation to the contrary, the division of capital asset management and maintenance may on behalf of the department of environmental protection renegotiate the department's facilities leases at One Winter Street, Boston and 627 Main Street, Worcester to obtain a reduced lease rate for those facilities for the remaining period of the existing leases, and to extend such leases for a period of up to 3 years beyond the 10 year limitation stipulated in said chapter 7.

SECTION 291. Notwithstanding any general or special law or regulation to the contrary, there shall be a special commission to study and report on methods to reduce the cost of transportation for students with disabilities to out-of-district special education placements. The commission shall consist of the co-chairs of the joint committee on education, arts, and humanities, who shall serve as chairs of the commission, and 1 representative each from the operational services division of the division of purchased services, the department of education, the Massachusetts Association of School Superintendents, the Massachusetts Association of School Committees, the Massachusetts Association for Special Education Administrators, the Massachusetts Organization for Educational Collaboratives, the Massachusetts Association of 766 Approved Private Schools and the School Transportation Association of Massachusetts. The scope of the commission's inquiry shall include, but shall not be limited to: the regulation of reasonable and allowable transportation costs by the operational services division, the use of educational collaboratives to coordinate or provide transportation services to students with disabilities to out-of-district programs and the establishment of regulations by the department of education to permit the exchange of student information necessary to coordinate transportation routes to out-of-district programs. The commission shall submit its report to the house and senate committees on ways and means and the joint committee on education, arts, and humanities not later than January 30, 2005, along with drafts of any legislation.

SECTION 292. There is hereby established a special commission to analyze the regulation of assisted living facilities. The commission shall consist of 17 members, 3 of whom shall be members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 of whom shall be members of the senate, 1 of whom shall be appointed by the minority leader; the secretary of elder affairs or her designee; the commissioner of public health or her designee; 1 individual nominated by the Massachusetts Assisted Living Facilities Association; 1 individual nominated by Local 209 of the Service Employees Industrial Union; 1 individual nominated by MassAging; 1 individual nominated by the Massachusetts Extended Care Federation; 1 individual nominated by the Alzheimer's Association of Massachusetts and 1 individual nominated by AARP of Massachusetts; 2 residents of a facility licensed under chapter 19D of the General Laws and 1 family member of a cognitively impaired resident of a facility licensed under said chapter 19D. The nominations shall be submitted to the speaker and the senate president not later than 60 days from the effective date of this section and shall first meet in a location to be chosen by the secretary of elder affairs not later than 60 days thereafter. The commission shall issue a final report detailing its recommendations, including any proposed legislation or regulations it deems advisable, not later than January 31, 2005 and shall submit a copy of the report and drafts of legislation or regulations to the clerk of the house of representatives who shall forward the same to the joint committee on human services and elderly affairs.

The Governor disapproved this section.
SECTION
293. There is hereby established a special commission charged with reviewing, developing and implementing policies that create uniformity in all procurement activities conducted by the operational services division. The commission shall determine the costs currently being incurred through the utilization of agencies' internal personnel for office procurement purposes of those agencies in relation to the costs of consolidating all such activities under the authority of the operational services division; establish guidelines for implementation of consolidated and uniform procurement procedures as indicated by said comparison of agency-specific and consolidated policies; create a detailed report of estimated yearly savings generated by the development of uniform procurement procedures when applied to said agencies; and submit a report of the commission findings and policy recommendations to the House of Representatives no later than July 1, 2004.

Said commission shall consist of 6 members, 2 of whom shall be members of the house committee on post-audit and oversight, 2 of whom shall be members of the house committee on state administration, and 2 of whom shall be members of the house of representatives to be appointed by the speaker of the house.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
294. To increase further a sense of responsibility on the part of inexperienced drivers and to increase the safety of all legitimate users of the roadway system, including but not limited to, motorists, pedestrians, the disabled, bicyclists, and motorcyclists, the registry of motor vehicles shall undertake a study of their policies, programs, curricula, testing materials and publications to ensure that education requirements encompass the safety of all roadway users and such efforts to promote safety are integrated across all such policies, programs curricula testing materials and publications. The registrar shall convene a study commission by September 1, 2004 whose membership shall include the following: the registrar or his designee who shall serve as chair and as a non-voting member; a representative of the governor's highway safety bureau appointed by the secretary of public safety; 1 of 3 persons recommended by the Mass. Bicycle Coalition and appointed by the secretary of public safety; 1 of 3 persons recommended by Walk Boston and appointed by the secretary of public safety; a representative of the insurance industry appointed by the registrar; 1 of 3 persons recommended by the motorcycle interests and appointed by the secretary of public safety; the chairs of the house and senate committees on public safety or their designees; a representative of the driver education industry appointed by the registrar. The commission shall report to the secretary of public safety, the registrar of motor vehicles and to the clerk of the house of representatives who shall forward the same to the joint committee on public safety and the house and senate committees on ways and means on or before June 1, 2005.

The Governor disapproved this section.
SECTION
295. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance shall study the feasibility of requiring each division and agency of the Commonwealth of Massachusetts to activate all TTY Messaging. Said study shall include analysis, recommendations and costs implications of: (1) requiring said activation for each active mailbox as compared to assigning at least one TTY enabled mailbox for each member's office and administrative unit of government; (2) requiring any work group that employs or may employ individuals with visual impairments to download and install helper applications that allow individuals who are blind or who have visual impairments to work job functions that require the perception of information that is only visually discernable on a telephone; (3) requiring any agency of the Commonwealth of Massachusetts that employs Interactive Voice Response self-service applications to include prompts that would allow individuals who use TTYs to communicate over the phone to access the self-service applications. Said study and all accompanying recommendations shall be submitted to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means on or before October 1, 2004.

The Governor disapproved this section.
SECTION
296. Notwithstanding any general or special law to the contrary, the amount of $216,000 shall be paid by the division of capital asset management and maintenance in fiscal year 2005 to cover property tax costs associated with the Suffolk county district attorney's office lease of 1 Bullfinch place in the city of Boston. The division shall continue to pay any amount necessary for the office of consumer affairs' lease at 10 Park Plaza in the city of Boston. The division shall pay $225,000 for the leases of modular units of the Hampshire county sheriff located at 205 Rock hill road in the city of Northampton.

The Governor disapproved this section.
SECTION
297. The department of housing and community development, in coordination with the executive office of health and human services, shall implement a statewide application system for all state public housing and, to the extent possible, other affordable housing resources. The commonwealth shall not be liable for any costs related to developing or implementing this system. The system shall permit application in multiple housing authorities and for multiple affordable housing programs and resources through the submission of a single application form, while allowing each housing authority and management company to make its own eligibility and preference determinations to the extent permitted by law. The department shall: (a) develop goals for such an application system including, but not limited to, a system that is user friendly, cost-free to the user, accessible to persons with disabilities, accessible to non-English speakers, accessible to the general public, ensures protection of personal privacy, provides a single point of entry application process to as many affordable housing units in as many different types of programs and developments as possible, and provides a comprehensive, searchable database of affordable housing units; (b) develop specifications for a system meeting the goals described in this section; and (c) determine whether existing systems or technology meet the goals described in this section or whether new systems or technology need to be developed to meet these goals. The department shall file a report of its findings and recommendations, and its progress in implementing this system, with the house and senate committees on ways and means and the joint committee on housing and urban development not later than March 31, 2005. The department shall implement the statewide application system established by this section no later than December 31, 2005.

SECTION 298. (a) This section applies to any town in Barnstable county that has a Cape Cod Open Space Land Acquisition Program established pursuant to chapter 293 of the acts of 1998, and any such town may adopt this section in accordance with the procedures set forth in subsection (b) or (c). The adoption of this section by a town shall constitute the acceptance by the town of sections 3 to 7, inclusive, of chapter 44B of the General Laws, otherwise known at the Massachusetts Community Preservation Act, and shall result in the town having all powers and rights granted by, and being subject to all duties, obligations and restrictions imposed under, said chapter 44B to the same extent as if the town had adopted said sections 3 to 7, inclusive, of said chapter 44B, except as otherwise provided in this section.

(b) Any such town may adopt this section upon the approval thereof by the town meeting of the town or, in the case of the town of Barnstable, by the town council of the town, and the approval thereof by the voters of a ballot question as set forth in subsection (c).

(c) Upon the approval of this section by the town meeting of a town or, in the case of the town of Barnstable, by the town council of the town in accordance with the provisions of subsection (b) the town clerk or the secretary of state, as applicable, shall place the question of approval of the provisions of this section on the ballot at the next regular municipal election held more than 35 days after such approval or certification, as applicable, or at the next regular state election held more than 60 days after such approval or certification, as applicable, in the form of the following question:

"Shall the Town of _________________ adopt section _____ of Chapter _____ of the Acts of 2004, (as approved by the town meeting/council), a summary of which appears below?"

("Acceptance of section of Chapter of the Acts of 2004 means the Community Preservation Act shall effectively replace the Cape Cod Open Space Land Acquisition Program. There shall be no additional excise on real property levied, other than the current 3 per cent levied for the provisions of the Cape Cod Open Space Land Acquisition Program. Acceptance of this section shall allow the community to access state matching funds of up to 100 per cent of the excise on real property currently levied, which was previously unavailable to the town.")

If a majority of the voters voting on said question vote in the affirmative, then the provisions of this section as approved by the town meeting or town council, as applicable, shall take effect in the town, but not otherwise.

(d) Notwithstanding chapter 293 of the acts of 1998 to the contrary, the excise on real property in an amount equal to 3 per cent of the real estate tax levy against said property levied pursuant to section 6 of chapter 293 of the acts of 1998, in connection with the town's Cape Cod Open Space Land Acquisition Program shall terminate at the end of the fiscal year of the town in which the voters of the town vote to approve the adoption of this section pursuant to subsection (c). In the fiscal year of the town following the fiscal year in which the voters of the town vote to approve the adoption of this section, the town shall impose a surcharge on real property in the amount equal to 3 per cent of the real estate tax levy against said property for the purposes of and in accordance with said chapter 44B. Notwithstanding section 16 of said chapter 44B to the contrary, the town may not amend the amount of or revoke such surcharge on real property in accordance with section 16 of said chapter 44B until fiscal year 2020.

(e) On the first day of the fiscal year following the fiscal year in which the voters of a town approve the adoption of this section in accordance with subsection (c), the town shall establish a separate account to be known as the Community Preservation Fund in accordance with and pursuant to section 7 of said chapter 44B. Notwithstanding chapter 293 of the acts of 1998 to the contrary, the town shall simultaneously extinguish its separate account known at the Land Bank Fund established pursuant to section 5 of Chapter 293 of the Acts of 1998. Without further appropriation by the town, the town shall simultaneously transfer all amounts then on deposit in its Land Bank Fund to its Community Preservation Fund, and all investments thereof shall become investments of the Community Preservation Fund. In addition to the amounts so transferred from the town's Land Bank Fund, the town shall thereafter deposit the following amounts into its Community Preservation Fund: (i) all amounts required to be deposited into the fund pursuant to section 7 of said chapter 44B; (ii) all receipts from the excise on real property levied pursuant to section 5 of chapter 293 of the acts of 1998 in any fiscal year prior to the fiscal year in which the Community Preservation Fund of the town is established pursuant to this subsection, and all interest thereon, which is received by the town after the establishment thereof, (iii) all proceeds of bonds or notes issued pursuant to section 7 of chapter 293 of the acts of 1998; and (iv) any other grants, donations or other amounts received by the town for the benefit of, for deposit in or for the purposes of the Land Bank Fund.

(f) Upon the adoption of this section by a vote of the voters of a town in accordance with subsection (c), the town's open space committee established pursuant to section 4 of chapter 293 of the acts of 1998 shall be abolished. Any town, which has so adopted this section, shall establish a community preservation committee by bylaw in accordance with section 5 of said chapter 44B. The community preservation committee shall have the rights and powers, and shall be subject to the duties, obligations and restrictions, set forth in section 5 of said chapter 44B.

(g) All amounts transferred to or deposited in the Community Preservation Fund of a town pursuant to subsection (e) shall be appropriated in every fiscal year in accordance with section 6 of said chapter 44B; provided, however, that any amount appropriated by the town from the Land Bank Fund in accordance with chapter 293 of the acts of 1998 prior to the vote of the voters of the town approving the adoption of this section pursuant to subsection (c) which has not been expended prior to the establishment of the Community Preservation Fund and the termination of the Land Bank Fund pursuant to subsection (e) shall be expended solely for the purpose of such appropriation pursuant to chapter 293 of the acts of 1998, and the vote of the town meeting or, in the case of the town of Barnstable, of the town council therefore. Any such amount expended from the Community Preservation Fund in accordance with a prior appropriation made pursuant to chapter 293 of the acts of 1998 shall not require a further appropriation of the town and the amount and purpose of such an expenditure shall not be taken into account for purposes of determining annual revenues of the Community Preservation Fund and compliance by the town with the minimum spending requirements prescribed in section 6 of said chapter 44B. No appropriation may be made from the Land Bank Fund by any town that adopts the provisions of this section after the date on which the voters of the town vote to approve the adoption of the provisions of this section pursuant to subsection (c). Any town that adopts this section may appropriate amounts from its Community Preservation Fund only after the establishment of such Fund pursuant to subsection (e) and after the establishment of its Community Preservation Committee pursuant to subsection (f).

(h) Any bonds or notes authorized by a town pursuant to section 7 of chapter 293 of the acts of 1998 prior to the vote of the voters of the town approving the adoption of this section pursuant to subsection (c) may be issued by the town pursuant to section 7 of chapter 293 of the acts of 1998 at any time prior to such vote. Notwithstanding section 7 of chapter 293 of the acts of 1998 and section 11 of said chapter 44B to the contrary, a town that has adopted the provisions of this section may pay any bonds and notes issued pursuant to section 7 of chapter 293 of the acts of 1998 from amounts on deposit in its Community Preservation Fund to the same extent as if such bonds or notes were issued pursuant to section 11 of said chapter 44B regardless of whether such bonds or notes were issued prior to or after the adoption of this section by the town. Any appropriation by a town for the payment of debt service on any such bonds or notes from amounts on deposit in its Community Preservation Fund shall constitute an expenditure for the acquisition, creation or preservation of open space and shall be made in accordance with and subject to the restrictions of section 6 of said chapter 44B; provided, however, that the town meeting or, in the case of the town of Barnstable, the town council may, upon the recommendation of the community preservation committee, appropriate and expend the entire amount needed to pay debt service on any such bonds or notes that were authorized by a vote of the town meeting or the or, in the case of the town of Barnstable, by the town council which was passed on or before June 30, 2005, even if the aggregate amount of such expenditures exceeds 80 per cent of the annual revenues of the town's Community Preservation Fund for historic resources and half of such remaining annual revenues for community housing.

(i) With respect to any town that adopts this section, any real property it acquired or acquires with funds appropriated pursuant to the provisions of chapter 293 of the acts of 1998 shall continue to be subject to the provisions thereof, and any real property it acquires pursuant to said chapter 44B shall be subject to the provisions of said chapter 44B.

(j) Any town that adopts this section may not thereafter independently adopt sections 3 to 7, inclusive, of said chapter 44B in accordance with the provisions thereof unless the town has previously voted to revoke the surcharge on real property as permitted pursuant to subsection (d). This section does not, however, (i) require any town in Barnstable County to seek the adoption thereof, (ii) prevent any such town from continuing to operate its Cape Cod Open Space Land Acquisition Program in accordance with chapter 293 of the acts of 1998, or (iii) prevent any such town from continuing to operate its Cape Cod Open Space Land Acquisition Program and independently adopting sections 3 to 7, inclusive, of said chapter 44B in accordance with the provisions thereof. Notwithstanding said chapter 44B to the contrary, any town that adopts this section after it has independently adopted sections 3 to 7, inclusive, of said chapter 44B shall be subject to said chapter 44B as adopted pursuant to and as modified by this section beginning in the fiscal year of the town following the fiscal year in which the voters of the town vote to approve the adoption of this section pursuant to subsection (c), and the surcharge on real property and the exemptions therefrom adopted pursuant to this section shall at such time replace the surcharge on real property and exemptions therefrom previously adopted by the town in accordance with said chapter 44B.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
299. There shall be a commission to study, make recommendations and propose any legislation related to the use, reuse, lease, sale, conveyance, or any disposition of any interest in the Hynes Memorial Auditorium and the Boston Common Parking Garage. The commission shall consist of 3 persons to be appointed by the governor, 1 of whom shall be the chairperson of the Massachusetts Convention Center Authority or his designee, and 1 of whom shall be a representative of the Back Bay Association; 3 persons to be appointed by the mayor of the city of Boston, 1 of whom shall be the director of the Boston Redevelopment Authority, and 1 of whom shall be a representative of the Greater Boston Chamber of Commerce; 3 persons to be appointed by the president of the senate, 1 of whom shall be the senate minority leader, 1 of whom shall be the senate chairperson of the joint committee on state administration, and 1 of whom shall be a representative of the Greater Boston Convention and Visitors Bureau; and 3 persons to be appointed by the speaker of the house of representatives, 1 of whom shall be the house minority leader, 1 of whom shall be the house chairperson of the joint committee on state administration and 1 of whom shall be a representative of the Massachusetts lodging association. The house and senate chairpersons of the joint committee on state administration shall jointly chair the commission.

As part of its study and in making its recommendations the commission shall consider the following: (i) a comprehensive and coordinated strategy and plan for the use, reuse, lease, sale, conveyance or disposition of the auditorium, including the development of air rights above the existing facility and the garage; (ii) the continued use of the Hynes as a convention center venue owned, operated and maintained by the Massachusetts Convention Center Authority after the opening of the Boston Convention and Exhibition Center; (iii) the use of the Hynes Convention Center for any other purpose, other than as a convention center venue or as a convention center with other mixed uses, by any public or private entity or a combination thereof; (iv) the state, city, community, and local business interests, including but not limited to hotel, retail, and restaurant interests involved and impacted by (a) the continued use of the Hynes Convention Center as a convention center by the Massachusetts Convention Center Authority, a private entity, or a combination thereof, or (b) by the reuse of the Hynes Convention Center property for a use other than as a convention center venue or a mixed use thereof; (v) the feasibility of continued use of the Hynes Auditorium as a convention center with secondary development of the property, as a joint public/private partnership with the Massachusetts Convention Center Authority, including the development of air rights above the existing facility, subject to applicable state and local laws; (vi) the ownership and operation of the Boston Common Parking Garage; (vii) the feasibility of the proceeds or a portion thereof of any sale, conveyance, or disposition of the Hynes Auditorium or the parking garage to be allocated to the Authority; and (viii) any other issues, studies, proposals or impacts that may be relevant, pertinent, or material to the study, analysis, and review of the commission. The commission shall solicit and consider advice and comments from elected state and city officials and representatives from neighborhood, professional, trade and business groups affected by the potential use, reuse, lease, sale, conveyance or disposition of any interest in the Hynes Convention Center.

The commission shall prepare a final report of its findings resulting from its study, including legislative recommendations. The commission shall file the report with both the clerks of the house of representatives and the senate and shall also submit a copy of the report to the governor, the president of the senate, the speaker of the house, and the chairpersons of the committee on ways and means and the joint committee on state administration on or before December 30, 2005. No reuse, lease, or conveyance, as recommended by the commission, shall occur without prior approval of the general court.

The Governor disapproved this section.
SECTION
300. Notwithstanding the provisions of any general or special law to the contrary, the group insurance commission shall report on the feasibility of developing and implementing a voluntary health care plan for employees of 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 with no administrative and programmatic costs to the commonwealth; provided, however, that said report shall include providers who deliver services by rate; provided further, that said commission, in consultation with the executive office of health and human services, the executive office of elder affairs and the department of public health, shall report on the eligibility criteria required for the service providers in the plan and shall report on the costs of maintaining a separate health care risk pool for individuals in the plan; provided, however, that such report shall be predicated upon the requirement that health care costs and administrative costs of the plan shall be paid by eligible service providers and their employees; provided further, that said commission shall be authorized to develop a methodology to garnish human service contracts from other state agencies for such participating providers to facilitate implementation of the plan and to recoup administrative and premium costs; provided further, that said report shall include, but not be limited to the following: (1) the number of covered lives to be enrolled in said plan, (2) the number of employees to be enrolled in said plan who previously had no health coverage, (3) the total health care expenditures of said plan, and (4) the premium amounts of said plan; provided further, that said report shall be filed with the clerks of the house and senate and the house and senate committees on ways and means on or before January 1, 2005; and provided further, that the Commonwealth shall not be obligated for any costs incurred by said report.

The Governor disapproved this section.
SECTION
301. There is hereby established a commission to study investigations of abuse of the disabled. The commission shall consist of 3 members of the senate appointed by the president of the senate, and 3 members shall be members of the house of representatives appointed by the speaker of the house of representatives. The commission shall study cases of abuse of the disabled, including, but not limited to, the following: clients of the department of mental retardation, department of mental health, Massachusetts rehabilitation commission, Massachusetts commission for the deaf and hard of hearing, Massachusetts commission for the blind, and other departments serving the disabled citizens of the commonwealth. The commission shall report its recommendations, if any, to the clerks of the house of representatives and senate no later than November 15, 2003.

NO SECTION 302.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
303. Notwithstanding any general or special law to the contrary, in fiscal year 2005, the comptroller shall transfer from the Uncompensated Care Trust Fund account established pursuant to subsection (p) of section 18 of chapter 118G of the General Laws, an amount sufficient to reflect the costs of the assessment on public facilities and an amount sufficient to fund rate increases for services provided to MassHealth members by non-public intermediate care facilities and community based residences. The comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above. The assessments and federal financial participation collected pursuant to section 27 of chapter 118G of the General Laws shall be expended to fund payments for services provided to MassHealth members by intermediate care facilities for the mentally retarded and community based residences. The assessments shall not be collected, and the expenditures required by this act shall not be authorized until the department of mental retardation and division of medical assistance certify the receipt of federal approval of any home and community based waiver amendments and related Title XIX state plan amendments, if required.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
304. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall annually prepare a public health access program beneficiary employer report. For the purposes of this section, a "public health access program beneficiary" shall mean a person who receives medical assistance or medical benefits under chapter 118E of the General Laws or a person who receives health care services that qualifies as free care pursuant to chapter 118G of the General Laws. The report shall provide the following information for each employer of 50 or more public health access beneficiaries: (1) The name and address of the employer; (2) the number of public health access program beneficiaries who are employees of the employer; (3) the number of public health access program beneficiaries who are spouses or dependents of employees of the employer; (4) whether the employer offers health benefits to its employees; and (5) the cost to the Commonwealth of providing public health access program benefits for their employees and enrolled dependents. The report shall not include the names of any individual public health access program beneficiaries and shall be subject to privacy standards pursuant to Public Law 104-191, and the Health Insurance Portability and Accountability Act of 1996. The report shall be submitted annually on February 1 to the clerk of the house of representatives who shall forward the same to the joint committee on health care and the house and senate committees on ways and means.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
305. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall submit on or before February 1, 2005 to the house and senate committees on ways and means a report detailing the cost-effectiveness of the drug prior authorization program, including an analysis of: (a) the direct cost of the prior authorization program; (b) the estimated amount, if any, of cost shifting to physicians in terms of additional time spent in obtaining authorization for a selected course of therapy; (c) internal program costs shifting, if any, including but not limited to additional prescriptions, laboratory tests, physician visits, hospitalization, and skilled nursing care that are associated with implementation of the prior authorization program, (d) whether the prior authorization program is adequately meeting the needs of patients to obtain needed medications in a timely manner, which will include an analysis of the length of time it takes for the prior authorization program to approve or deny requests for prescriptions, and an examination of the grievance mechanism for interested parties to appeal any decision made by the executive office of health and human services, including the number of appeals, and the outcome of such appeals. The report shall include all therapeutic classes that are currently subject to prior authorization. Any contractor retained to develop and prepare the report shall not be related to any contractor retained by the state to develop and implement the prior authorization program.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
306. Notwithstanding any general or special law or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $16,000,000 from the medical assistance intergovernmental transfer account within the medical assistance intergovernmental uncompensated care trust fund for Title XIX payments to Neighborhood Health Plan. 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 such funds shall be expended unless Neighborhood Health Plan has executed a managed care contract with the division of medical assistance and makes an intergovernmental funds transfer in an amount specified in an agreement, which amount shall be not 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.

The Governor disapproved this section.
SECTION
307. 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 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 this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws.

SECTION 308. Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services pursuant to section 16 of chapter 6A of the General Laws, acting in its capacity as the single state agency under Title XIX of the Social Security Act, and other federally assisted programs administered by said secretariat, and as the principal agency for all of the agencies within the secretariat, is authorized to enter into interdepartmental service agreements with the university of Massachusetts medical school to perform such activities as the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to otherwise support the programs and activities of the executive office. Such activities shall include, but not be limited to: (1) provision of administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) consulting services related to quality assurance, program evaluation and development, integrity and soundness, and project management; (3) activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties; and (4) programs to maximize federal financial participation to municipalities which make certified public expenditures to hospitals pursuant to said Title XIX regulations. Such activities and programs shall also include providing consulting services to providers in geographic areas with high rates of uninsured and Medicaid recipients, including but not limited to the city of Lawrence, the city of Holyoke, the Dorchester section of the city of Boston, the city of Haverhill, and the city of Quincy, in order to maximize available federal revenues permissible under federal law. Federal reimbursement for any expenditures made by the university of Massachusetts medical school relative to federally-reimbursable services said school provides under said interdepartmental service agreements or other contracts with the executive office of health and human services shall be distributed to said university. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing such federal reimbursement or avoiding costs, and the comptroller shall be directed to certify said fees and pay upon the receipt of such revenue, reimbursement or demonstration of costs avoided; provided however that the secretary shall not pay contingency fees in excess of $30,000,000 for state fiscal year 2005. The secretary of health and human services shall submit to the secretary of administration and finance and the house and senate committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by UMass medical school, the amounts spent on personnel and the amount of federal reimbursement and recoupment payments that said university was able to collect.

SECTION 309. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall develop and issue a request for proposals no later than March 31, 2005, to outsource the delivery of the MassHealth dental program benefits to a third party administrator. The third party administrator shall be an experienced dental benefits administrator capable of maintaining an adequate dental provider panel to provide access for MassHealth clients in a cost-effective manner.

(b) The executive office of health and human services shall utilize the information it collected to assist in the development of a request for proposals to seek a third party administrator for the MassHealth dental program. The executive office of health and human services shall design the third party administered MassHealth dental program with features consistent with a private dental benefits plan.

(c) Before awarding a contract for the services of a third party administrator for the MassHealth dental program, the executive office of health and human services shall file a report with the senate and house committees on ways and means no later than January 15, 2006 regarding the anticipated costs and benefits of contracting with the administrator.

SECTION 310. Notwithstanding any special or general law to the contrary, the secretary of health and human services may make expenditures from items 4000-0430, 4000-0500, 4000-0600, 4000-0620, 4000-0700, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, and 4000-1400 of section 2, for activities relating to disability determinations or utilization control and review, including patient screenings and evaluations, regardless of whether such activities are performed by a state agency, contractor, agent or provider; provided however, that the sum of all said expenditures from all said items shall not exceed a total of $3,000,000.

SECTION 311. Notwithstanding any general or special law to the contrary, after October 1, 2004, the registrar of motor vehicles shall not issue licenses under sections 8, 8A or 8A 1/2 of chapter 90 of the General Laws, permits under section 8B of said chapter 90, or identification cards under sections 8E or 8G of said chapter 90, that bear the applicant's social security number assigned under 42 U.S.C. section 405, unless the applicant has consented to have his license, permit or identification card bear his social security number instead of an alternative number.

The Governor disapproved this section.
SECTION
312. Notwithstanding any general or special law to the contrary, the authority of the board of education to grant commonwealth charters to an applicant pursuant to section 89 of chapter 71 of the General Laws shall be suspended until July 31, 2005 or until such time as a new tuition formula consistent with the recommendations of the house and senate working group authorized in this section has become law, whichever is sooner. During the period of suspension, the board shall not authorize additional enrollment, beyond that approved by the board before January 1, 2004, in any existing or previously authorized commonwealth charter school. Further, the approval of the commonwealth charters by the name of the Advanced Math and Science Academy Charter School, Community Charter School of Cambridge, KIPP Academy Lynn Charter School, Berkshire Arts and Technology Charter School and the Salem Academy Charter School made before the effective date of this section shall be suspended and the charter schools so named shall not be allowed to open until the department of education, after this period of suspended authority, conducts a full review of the application and authorization process of the commonwealth charters named above to insure that the letter and spirit of the laws governing those processes have been followed by the department and the board of education.

There shall be a house and senate working group to study all aspects of, make recommendations on how to improve and develop legislation to change the current tuition financing system for charter schools. The first meeting of the working group shall take place within 30 days after the effective date of this section. The working group shall consist of the speaker of the house of representatives, or his designee, the president of the senate, or his designee, the minority leaders of the house and senate, or their designees, the house and senate chairs of the joint committee on education, arts and humanities and the chairs of the house and senate committee on ways and means.

Based on the findings of its study, the working group shall make recommendations on how the existing financing system can be improved in order to more closely align the funds sent to charter schools from state and local sources with the funds that would have been expended on the education of the charter school students if they remained in the districts from which they are drawn. The recommendations shall reflect actual costs associated with the grade level, program participation and demographic profile of students attending charter schools, including all capital costs, transportation costs and other factors which contribute to the actual cost of educating these students. The working group shall also examine the relationship between charter school funding and state education funding under chapter 70 of the General Laws, and shall ensure that any recommendations for changes in charter school funding are consistent with the principles, objectives and formulas embodied in the funding formula under said chapter 70. Any legislation proposed by the working group shall require that funding be reflective of the grade level, program participation and demographic profile of the actual students enrolled in charter schools. The working group shall compile data which shall compare the demographic profile and educational needs that characterize charter school students with those that characterize students in the districts from which they are sent. The working group shall solicit advice from such persons and entities as it deems necessary, including the department of education, as well as associations representing superintendents, school budget officers, municipal officials and charter schools. The working group shall file a report containing its recommendations, including legislation necessary to carry out its recommendations, with the clerk of the house of representatives who shall forward the same to the joint committee on education, arts and humanities on or before December 1, 2004.

The Governor disapproved this section.
SECTION
313. Notwithstanding any general or special law to the contrary, the division of medical assistance may develop or amend any standards and regulations applicable to personal care attendant services as the division determines to be necessary and appropriate for the proper and efficient operation of the medical assistance and medical benefits programs administered under chapter 118E of the General Laws. Said developments or amendments shall be reviewed by a study commission comprised of 3 members of the house of representatives, 2 appointed by the speaker, 1 by the minority leader; 3 members of the senate, 2 appointed by the senate president, 1 by the minority leader; 1 representative from the division of medical assistance; 1 representative of the governor's commission on people with disabilities, 1 representative of the Massachusetts office on disability; and 1 representative of the statewide independent living council. The commission shall be charged with examining the current practice of determining eligibility and degree of need for personal care attendant services and shall identify options to maximize efficiencies and cost savings in the program. Said options shall include, but not be limited to: (1) requiring a registered nurse or other clinical professional to evaluate the personal care attendant needs of an individual; and (2) requiring the division of medical assistance to certify any diagnosis that would require more than 30 hours per week of personal care attendant services. Said commission shall submit their findings to the house and senate committees on ways and means and the house committee on Medicaid by December 15, 2004. The division of medical assistance shall consult and collaborate with members of the commission and personal care attendant program stakeholders in the development of any substantive change to the personal care attendant program and shall regularly communicate on personal care attendant issues with the personal care attendant program stakeholders including through regular meetings.

The Governor disapproved this section.
SECTION
314. Notwithstanding any general or special law to the contrary, the executive office of health and human resources may seek a waiver under the titles XIX and XXI of the Social Security Act to expand MassHealth comprehensive family planning services for individuals whose income is at least up to 200 percent of the federal poverty level. Said division shall only seek a waiver if it determines that the expansion would be cost neutral to the commonwealth and would not incur a deficiency in any item funded in section 2. The waiver shall at least include those services currently covered as comprehensive family planning services, including comprehensive medical and gynecological examinations, contraceptive counseling and methods, sexually transmitted disease testing and treatment, screening for breast and cervical cancer, related laboratory screenings, nondirective counseling and referral for pregnancy and prenatal care, infertility and other health related issues. The division shall notify the house and senate ways and means committees within 10 days of the filing of a waiver with the centers for Medicare and Medicaid Services and shall notify the committees within 10 days of approval of the waiver.

SECTION 315. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing projected expenditures for fiscal years 2005 and 2006 for items 4000-0112, 4000-0115, 4000-0300, 4000-0320, 4000-0430, 4000-0500, 4000-0550, 4000-0600, 4000-0620, 4000-0625, 4000-0700, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, 4000-0895, 4000-0990 and 4000-1400. 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 used to estimate current and prospective beneficiary enrollment and benefit utilization trend. 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 2006 recommendations, including, but not limited to, any assumptions used to develop the recommendations. The report shall be submitted not later than February 15, 2005.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
316. Notwithstanding subsection (i) of section 89 of chapter 71 of the General Laws or any other general or special law to the contrary, the commissioner of education may assess additional charter school tuition charges to the Hull, Nauset, and Up Island school districts' net school spending not to exceed 13 per cent of the Hull school district's net school spending, 12 per cent of the Up Island school districts net school spending and 11 per cent of the Nauset regional school district's net school spending in order to provide for the continuing education of students from said districts enrolled in charter schools as of October 1, 2004.

The Governor disapproved this section.
SECTION
317. (a) Subject to appropriation, there shall be in the executive office of elder affairs the office of pharmaceutical information pursuant to section 4C of chapter 19A of the General Laws for the purpose of providing information to residents of the commonwealth regarding the purchase of prescription drugs.

(b) Notwithstanding any general or special law to the contrary, the office of pharmaceutical information shall act as a central agency through which residents of the commonwealth may obtain information on procuring prescription drugs at reduced prices. This information shall then be made available on a website that shall contain links to licensed pharmacies that are able to provide discounted prescription drugs to residents of Massachusetts.

(c) The office, in providing advice on purchasing prescription drugs, shall establish relationships only with suppliers that are licensed by appropriate United States and individual state and federal agencies. The office shall maintain a registry providing the name, place of business, phone number, fax number, or email address of: the establishment, the manufacturers of the drugs the establishments distribute and of any of the establishment's agents in the United States. The office shall periodically update this information on the establishments on the website.

(d) The office shall provide advice only on prescription drugs that have been approved by the Food and Drug Administration, and the office shall advise only on prescription drugs that are packaged and shipped using tamper-proof containers and are provided by pharmacies located in the United States, subject to all state and federal regulations.

(e) In order to ensure the safety of prescription drugs procured from participating pharmacies, the office will only work with consumers in the commonwealth who are purchasing prescriptions that:

(i) are for personal use only
(ii) will not be used for resale
(iii) are for a quantity limited to 90 days or less
(iv) accompanied by a copy of a valid prescription

(f) The office may conduct, or contract with an entity to conduct, a study of prescription drug prices pursuant to this bill. The study may include, but not be limited to, evaluation of the participating pharmacy's compliance with state and federal laws.

(g) The office may serve as a central agent to which any safety concerns or adverse events occur regarding the process of procuring medications may be reported by Massachusetts consumers and health care professionals. If any safety concerns or adverse events occur with respect to the process of procuring prescriptions from approved sources, such as if a particular distributor is found to no longer meet the required safety standards, a safety report of the problem shall be filed and submitted to the Board of Registration in Pharmacy. Consumers and health care providers in the database will be notified of the safety reports by the office.

(h) The office of pharmaceutical information may promulgate a consent agreement explaining the potential risks and injuries associated with obtaining services, materials, or information from the office and disclaiming liability for those risks and injuries. The office may require any resident of the commonwealth to sign the consent agreement before receiving services, information or materials from the office. The office shall keep any signed consent agreement on file.

(i) The office of pharmaceutical information may develop an indemnification agreement designed to indemnify the office for any injury or damage that results from a resident's use of a supplier's product, and hold harmless any pharmacists who rely upon the information contained in the website to advise consumers. The office may require any supplier listed with the office to sign the indemnity agreement before its products are listed with the office. The office shall keep any signed indemnification agreement on file. Chapter 258 of the General Laws shall apply to this section.

(j) the Executive Office of Elder Affairs shall amend or promulgate regulations as necessary to implement this section, including but not limited to, the process by which the office of pharmaceutical information may determine which pharmacies would be included on the informational website; the certification process, if any, that Massachusetts pharmacists would participate in before advising patients seeking assistance; and any other rules and regulations necessary for implementation of this section.

SECTION 318. Notwithstanding any general or special law to the contrary, the department of revenue shall conduct an investigation pursuant to the recommendations made by the office of the inspector general in a report dated January 23, 2004 to determine whether any tax credits previously authorized under section 38N of chapter 63 of the General Laws should be recaptured by the commonwealth. Said department shall file a report with the house and senate committees on ways and means no later than September 1, 2004 on the findings of said investigation. Any revenue generated, up to an amount not to exceed $10,500,000, from the recapturing of any tax credits shall be made equally available by the comptroller for direct services funded through the department of transitional assistance and the department of social services for expenditure on programs authorized in items of appropriation in section 2 of this act; provided, that said comptroller shall send written notification to the department of transitional assistance, the department of social services and the house and senate committees on ways and means 90 days before any funds are transferred; provided further, that 60 days after receiving said notification, said departments shall file with the house and senate committees on ways and means a schedule of how any such recaptured funds shall be allocated to items of appropriation authorized in section 2 of this act.

SECTION 319. Notwithstanding the provisions of subsection (n) of section 548 of chapter 26 of the acts of 2003 or any other general or special law to the contrary, the commissioner of the division of capital asset management, when selling, leasing, subleasing, granting easements, or otherwise directly or indirectly conveying a real estate interest relating to the former Medfield State Hospital, shall require the purchaser, lessee or grantee, to compensate the Commonwealth for such interest by providing community housing units for clients of the department of mental health in accordance with criteria set forth in a memorandum of agreement to be entered into by said division and said department. Such units may be provided on the site of the real estate interest being conveyed or within communities served by the Metro Suburban Area of the department of mental health. In order to ensure that substantial benefit is derived for clients of the department of mental health from the disposition of the real estate of the former Medfield State Hospital, the commissioner of the division of capital asset management and maintenance and the commissioner of the department of mental health shall jointly evaluate the proposals to ensure such proposals meet the criteria set forth in the memorandum of agreement described above.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
320. Notwithstanding any general or special law to the contrary, a solid waste facility shall not be sited within nor shall a permit be granted for the establishment, construction, expansion, maintenance, or operation of a solid waste facility within the Zone II area of contribution, as said term is defined by section 22.02 of title 310 of the code of Massachusetts regulations, of an existing public water supply well; provided, however that such a prohibition shall only apply to any proposed solid waste facility located at any place in the city of Brockton, which had not received a site assignment on or before January 1, 2004.

The Governor returned with recommendation of amendment, see H4922.
SECTION
321. Notwithstanding any general or special law to the contrary, the executive office of elder affairs, in collaboration with the executive office of health and human services, shall by December 1, 2004 apply for an expansion of the section 2176 home and community based waiver. This application shall seek to expand the income eligibility of the section 2176 waiver to up to 300 per cent of the federal benefit rate under the supplemental security program.

This expansion shall seek to maximize federal financial participation for expenditures authorized in item 9110-1500. Benefits under the section 2176 waiver shall be available to individuals up to the maximum income level provided in the approved waiver; provided, that the asset test in the waiver program shall be not less than $20,000. The executive office of elder affairs shall first enroll members currently receiving benefits through the enhanced community options program into placements made available as a result of the expanded waiver and shall offer members under the waiver a choice of receiving benefits in their home, community based setting or nursing home, whichever is the least restrictive once said waiver is granted and implemented. The executive office of elder affairs shall submit a report to the house and senate committees on ways and means and the secretary of administration and finance by March 1, 2005 on the status of the waiver application. The report shall detail, at a minimum, the progress of the waiver application, and if applicable, the number of individuals enrolled under this waiver for each month since the waiver was obtained, the number of individuals remaining in the enhanced community options program, and the amount of federal financial participation received or anticipated to be received as a result of approval of the waiver. Said expansion shall be at no net cost to the state.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
322. Notwithstanding any general or special law to the contrary, where (i) 2 spouses married to each other are both members of the same or different systems, (ii) each of the spouses were members in service on or before November 1, 2003, and (iii) 1 of the 2 members is retired under the provisions of sections 1 to 28, inclusive, of said chapter 32; then the other member, upon his or her written application to the board, shall be retired for superannuation regardless of such member's age. The retirement of the other member shall occur on a date specified in the application, and must be subsequent to, but not more than, 4 months after the date of filing the application. The form of the application shall be prescribed by the board. Terms used in this section not herein defined are used as such terms are defined in chapter 32 of the General Laws.

The Governor disapproved this section.
SECTION
323. Any funds expended by the trial court for the construction of a permanent or temporary courthouse in Hampshire county shall be for the construction or rent of that courthouse in the town of Belchertown, and no funds shall be expended by the trial court for the construction or rent of a courthouse in Hampshire county unless the site for the courthouse is located in the town of Belchertown. No funds shall be expended by the trial court for any permanent or temporary courthouse construction in Hampshire county until the final completion of the construction, restoration and repair projects for the trial court facilities in the town of Plymouth and the cities of Taunton and Worcester.

The Governor returned with recommendation of amendment, see H4923.
SECTION
324. Notwithstanding any general or special law to the contrary, the chief medical examiner established pursuant to chapter 38 of the General Laws or any district medical examiner's appointed pursuant to said chapter shall provide health care providers with timely autopsy information on patients who expire in their care for the purposes of quality assurance and improvement; provided that, the chief medical examiner or any district medical examiner shall not be required to submit said information if there is a law enforcement investigation of the death; and provided further that, any information transferred complies with all state and federal privacy laws.

SECTION 325. Notwithstanding any general or special law to the contrary, the Plymouth retirement board may, in accordance with guidelines established by the public employee retirement administration commission, purchase the real property located at 89 Court street in the town of Plymouth for the purpose of the use of the property for the administrative office of the Plymouth retirement board, and may purchase or lease equipment and employ any such personnel necessary for the proper administration and transaction of business of the retirement system.

Notwithstanding any general or special law to the contrary, the Salem retirement board may, in accordance with guidelines established by the public employee retirement administration commission, purchase the real property located at 20 Central street in the city of Salem for the purpose of the use of the property for the administrative office of the Salem retirement board and may purchase or lease equipment and employ any such personnel necessary for the proper administration and transaction of business of the retirement system.

The Governor disapproved this section.
SECTION
326. Notwithstanding any general or special law to the contrary, there shall be a commission to study eligibility of the working disabled adults in the CommonHealth program. The commission shall be co-chaired by the senate chair of the joint committee on health care and the chair of the house committee on Medicaid, and shall also include 3 members appointed by the senate president, including one member from the minority party, 3 members appointed by the speaker of the house, including one member of the minority party, the commissioner of the division of medical assistance or his designee, the commissioner of the division of health care finance and policy or his designee, the president of the Massachusetts chapter of Easter Seals or his designee, the president of the Boston Center of Independent Living or his designee. Said commission shall report its findings to the house and senate committees on ways and means, the joint committee on health care, and the house committee on Medicaid by October 1, 2004. Said report shall include an evaluation of the fiscal impact of an income or asset test that would restrict the eligibility of current CommonHealth participants to continue participating in the program.

SECTION 327. The division of fisheries and wildlife shall study the public safety and public health impact of the proliferation of beaver dams and resulting unattended pools of water in the counties of Berkshire, Franklin, Hampden, and Hampshire. Said department shall report their recommendations to the clerk of the house of representatives who shall forward the same to the joint committee on natural resources on or before January 3, 2005.

SECTION 328. The secretary of the office of consumer affairs and business regulation in consultation with the attorney generals office and the department of information technology shall study the practice of internet service providers scanning incoming email received in Massachusetts for the purpose of inserting third party advertisement content. The study shall include, but not be limited to the following: internet service providers related internal policies and practices, including period of data retention from scanned emails, access of data to third parties, and security of such data from third parties; the utilization of data by law enforcement; and the potential conflict with federal or international law. Said study shall be reported along with any recommendations for legislative actions to the clerk of the house of representatives who shall forward the same to the house and senate committees on science and technology, the joint and committee on commerce and labor, and the house and senate committees on ways and means, not later than December 31, 2004.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
329. There is hereby established a special commission, to consist of three members of the senate including minority representation, four members of the house of representatives including minority representation, the chief justice for administration and management of the trial court or his designee, and five persons to be appointed by the governor, one of whom shall be a representative of the Massachusetts Bar Association, one of whom shall be a representative of the Massachusetts Medical Society, one of whom shall be a member of the Massachusetts Academy of Trial Attorneys and one of whom shall be a consumer of health care who is not a doctor or lawyer. Said commission is hereby authorized and directed to conduct an investigation into the feasibility of creating a specialized court for purposes of administering medical malpractice claims. Said commission shall, in the course of its investigation and study, consider, among other things it considers relevant, specialty courts within Massachusetts, efficiencies to be gained, expertise and training needed by jurors and jurists, use of information technology, the use of medical legal advisory panels, use of regional sites, court staffing needs and such other matters as the commission may deem relevant. Appointed members of the commission shall not be considered special state employees for the purpose of compliance with chapter 268A. The special commission shall submit a report to the governor, the speaker of the house of representatives, the senate president, and the chief justice of the supreme judicial court setting forth the special commission's findings, along with its recommendations and specific legislative proposals, no later than February 1, 2005. The special commission shall dissolve upon completion of its duties and obligations, as indicated by submission of its findings and recommendations.

SECTION 330. There shall be a special task force on medical malpractice insurance. The task force shall consist of 3 members of the senate including minority representation, 4 members of the house of representatives including minority representation, the commissioner of insurance, and 5 persons to be appointed by the governor, one of whom shall be a representative of the Massachusetts Association of Health Plans, one of whom shall be a representative of the Massachusetts Medical Society, one of whom shall be a member of the Massachusetts Academy of Trial Attorneys, one of whom shall be a representative of a medical malpractice insurer licensed in Massachusetts and one of whom shall be a consumer of health care who is not a doctor or lawyer. The task force shall, in the course of its investigation and study, consider reforms of the medical malpractice system in the commonwealth, including but not limited to appropriate measures of compensation for medical malpractice claims, procedures of medical malpractice claims resolution, methods of encouraging competition among medical malpractice insurers in the commonwealth and of attracting new insurers to the commonwealth, actuarial practices and rating methodologies, and appropriate levels of rate regulation. The task force shall review in its deliberations the work of the Institute of Medicine concerning patient safety, and shall consider the experiences of other states in forming its recommendations. Appointed members of the commission shall not be considered special state employees for the purpose of compliance with chapter 268A. The special task force shall submit a report to the governor, the speaker of the house of representatives, the senate president, and the chief justice of the supreme judicial court setting forth the special commission's findings, along with its recommendations and specific legislative proposals, by December 15, 2004. The special task force shall dissolve upon completion of its duties and obligations, as indicated by submission of its findings and recommendations.

SECTION 331. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission to study and report on the revision of the Massachusetts Municipal Medicaid program to maximize federal Medicaid reimbursements for special education costs and the availability of private health insurance for medically necessary services to students with disabilities. Said commission shall consist of 3 members of the house of representatives, 3 members of the senate, one representative each from the department of education, the executive office of health and human services, the group insurance commission, the Massachusetts Association of School Superintendents, the Massachusetts Association for Special Education Administrators, the Massachusetts Organization of Educational Collaboratives and the Massachusetts Association of C766 Approved Private Schools, and the Massachusetts Association of Health Plans and Blue Cross Blue Shield of Massachusetts. The scope of the commission's inquiry will include, but not be limited to: revising the Massachusetts Municipal Medicaid program to maximize federal Medicaid reimbursements for the cost of special education services to Medicaid eligible students with disabilities and amending insurance law to provide that insurers cannot exclude medically necessary services solely because such services are included in a child's special education plan. The commission shall submit its recommendations to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means and the joint committee on education, arts and humanities on or before January 30, 2005 along with drafts of any legislation.

The Governor disapproved this section.
SECTION
332. Notwithstanding any general or special law or regulation to the contrary, there is hereby established a special commission to study the establishment of regional grief counselors for city, town and regional school districts. Said commission shall be comprised of three members appointed by the speaker of the house including the house chair of the joint committee on education, three members appointed by the senate president including the senate chair of the joint committee on education, the secretary of the department of education or his designee, a designee from the Massachusetts Teachers Association, a designee from the Massachusetts Federation of Teachers, along with members of the medical profession. Said commission shall submit a report, including legislative recommendations, if any, to the clerk of the house of representatives who shall forward the same to the joint committee on education and the house and senate committees on ways and means by June 15, 2005.

SECTION 333. The department of housing and community development, in consultation with the department of elder services and the executive office of health and human services, shall study the conversion of units governed by chapter 667 for the low-income elderly, chapter 167 for the mentally ill and chapter 689 for the mentally retarded into chapter 200 low-income family units without repayment to the housing authority bonds sinking fund. The study shall include, but not be limited to, the following: the number and location of anticipated surplus housing units designated for the elderly; the reasons for such surplus, such as any actions taken by the governing housing authority that have contributed to a surplus; the potential re-use of such units as assisted living, group home or other supported housing units; the condition of units proposed to be converted; the efforts of public housing authorities to re-let such units; the number and location of non-elderly public housing units currently designated by the department as over-housed; and any associated savings projections. The department shall submit its findings and recommendations to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means on or before January 5, 2005.

SECTION 334. (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, 2005. 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 non school-related expenses for which it did not have to use revenues in the preceding fiscal year or that has an excessive certified municipal revenue growth factor which is also greater than or equal to 1.5 times the state average municipal revenue growth factor may appeal to the department of revenue not later than October 1, 2004 for an adjustment of its minimum required local contribution and net school spending.

(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year ending on June 30, 2005 shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.

(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.

(e) 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; or in a majority of the member municipalities of 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, 2004 for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.

(f) If the regional school budget has already been adopted by 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.

(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined 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.

(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized under this section.

(i) The amount of financial assistance due from the commonwealth in fiscal year 2005 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.

(j) The department of revenue and the department of education shall issue guidelines for their respective duties under this section.

SECTION 335. Notwithstanding any general or special law to the contrary, Tewksbury hospital campus and all state owned land in the town of Tewksbury is hereby exempt from the provisions of section 548 of chapter 26 of the acts of 2003.

SECTION 336. Notwithstanding the provisions of any general or special law to the contrary, the public employee retirement administration commission shall review the current combined table of mortality and select a new table of mortality within 180 days of the effective date of this act.

The Governor disapproved this section.
SECTION
337. There shall be a special commission for the purpose of making an investigation and study relative to the prescribing of psychotropic drugs for children under the protection and care of the department of social services. The commission shall consist of 3 members of the senate, 5 members of the house of representatives, and 5 persons appointed by the governor. The commission shall report to the house of representatives and the senate the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the house of representatives and clerk of the senate on or before the last Wednesday in December, 2004.

SECTION 338. Notwithstanding any general or special law or rule or regulation to the contrary, the secretary of administration and finance and the chief justice of administration and management of the trial court, in consultation with the state secretary, shall, not later than October 31, 2004, issue a request for purchase through the competitive bidding process for the provision of public records storage, except those records that receive federal reimbursement, for all state agencies within the jurisdiction of the governor and the trial court, respectively, in order to achieve cost saving, including, but not limited to, those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. The secretary and the chief justice, in consultation with the state secretary, shall individually report, not later than March 31, 2005, a plan to improve public records storage and office space efficiencies to the clerk of the house of representatives who shall forward the same to the joint committee on state administration and to the house and senate committees on ways and means.

The Governor returned with recommendation of amendment, see H4924.
SECTION
339. Notwithstanding any general or special law to the contrary, there shall be a pilot program in Essex and Hampshire counties, subject to appropriation, to establish a community based juvenile/youthful justice program for the purposes of insuring the safety and security of the public and private schools of said counties, addressing the problems of juvenile and youthful violence, improving the services available to school-aged youth, insuring the effective use of resources by state and local law enforcement and social service agencies, and promoting collaboration among schools, local and state law enforcement agencies, private industry, municipalities, the probation department, and the departments of social services, youth services, mental health and public health. Said program shall assist in the development of school and community based programs that are designed to prevent violence and delinquency, develop techniques for the early identification of at-risk youth, divert non-violent youthful offenders from the juvenile or criminal justice system, and insure the availability of and access to community based rehabilitative services including, but not limited to, substance abuse services for youthful offenders when appropriate.

Notwithstanding any general or special law to the contrary, for the purpose of establishing, implementing, or carrying out said pilot program, employees and representatives of the following agencies and departments may discuss and exchange information concerning court records, investigations, court proceedings, and care, custody, education and treatment plans of juveniles and school-age persons under the age of 21 who attend elementary, junior high, or high schools in Suffolk or Plymouth county, public or private school systems designated by the superintendent of schools including but not limited to registered nurses employed by the schools, the probation department, the office of the district attorney, state or local police departments, the office of the sheriff, the department of youth services, the department of social services, the department of mental health, the department of public health, and other social service providers. In no instance shall any aspect of an individual's confidential communications with a sexual assault counselor, as defined in section 20J of chapter 233 of the General Laws or otherwise, be shared among the aforementioned parties. Employees and representatives of the department of social services, the department of mental health, and the department of public health may share information regarding the existence of services, treatment plans, and the identity of providers; but said employees and representatives shall share privileged information only when authorized by order of the juvenile court in requests involving a child under the age of 17 and the district court for requests concerning adults. Finally, any privileged communication made to a psychotherapist, as defined in section 20B of said chapter 233, or the results of a court-ordered psychiatric examination shall be shared only when authorized by order of the juvenile court in requests involving a child under the age of 17 and the district court for requests concerning adults. The appropriate court shall notify the parent or guardian of a person whose privileged information is requested of his right to appear at the hearing regarding the request for access to said privileged information. Any agency or employee or representative thereof who, without authority, discloses or disseminates such information or uses such information for purposes not described in this section shall be punished by a fine of not more than $5000.

The district attorneys of Essex and Hampshire counties shall submit a report to the house and senate committees on ways and means and the joint committee on the judiciary every 6 months on the activities, procedures, performance, operation, implementation and cost of each community based juvenile/youthful justice program established pursuant to this pilot program. Said district attorneys, in preparing the reports, shall consult with the office of the chief justice of the juvenile court, office of the commissioner of probation and department of social services.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
340. Notwithstanding the provisions of any general or special law to the contrary, the division of capital asset management and planning shall not execute any lease or land disposition agreement or deed of conveyance relative to the land and buildings owned by the commonwealth of Massachusetts located at the site of the Medfield State Hospital in the town of Medfield, until a proposed reuse plan, approved by the commissioner of the department of mental health and the secretary of the executive office of health and human services, is filed with the clerks of the house of representatives and the senate, and is approved by a joint resolution of the house and senate.

SECTION 341. Notwithstanding any general or special law to the contrary, the community college access grant program funded in item 7070-0065 shall henceforth be known as the Foster Furcolo Community College Access Grants program.

SECTION 342. Notwithstanding any general or special law to the contrary, Middlesex Community College shall name the first floor community meeting room located in the Federal Building on the Lowell campus in honor of Mr. Edwin Poitras, a distinguished World War II war hero and member of the Lowell community. Suitable markers bearing such designation and a visual rendering of Edwin Poitras shall be erected by Middlesex Community College. The Middlesex Community College Board of Trustees shall promulgate policies and procedures governing the dedication or memorializing of any facility, building or room under the management and administration of Middlesex Community College.

The Governor disapproved this section.
SECTION
343. (a) Not later than January 15, 2005, the council on early education and care shall issue a request for proposals for up to 8 grants with funding for up to 12 communities to receive planning funding to develop a plan for universal voluntary, high-quality, publicly-funded early childhood education for all preschool-aged children within a community or region. In consultation with the council on early education and care, the board of early education and care shall authorize planning grants to be funded from monies appropriated in item 7062-0000. Two or more communities may submit a joint proposal for a regional system of universal voluntary, high-quality, publicly-funded early childhood education to all preschool-aged children in the region. Any community or set of communities wishing to respond to the request for proposals shall form a single local school readiness board, hereinafter referred to as "local school readiness board," which shall be responsible for developing and submitting the plan. The plan shall include:

(1) An assessment of the current and future supply and demand of early education services within the community or communities for children ages birth to 5, and identification of eligible providers in the community or communities, provided that when identifying eligible programs, local school readiness boards shall maximize family choice by preserving a mixed system of high-quality public and private community-based programs;

(2) Strategies to help programs meet and implement early childhood program standards and guidelines for preschool learning experiences published by the department of education and to help staff to achieve degree requirements;

(3) Strategies to ensure a variety of program options that include part-time and full-time programming, provision of comprehensive services, inclusion of children with special needs and services that are culturally appropriate to meet the diverse needs of children and families;

(4) Strategies for coordinating state funding for early childhood education with federal local and private early education and care funding;

(5) Strategies for successful transitions for children to early education and care programs from early intervention, home or infant and toddler programs, and to kindergarten or first grade from home or early education and care programs;

(6) Strategies for child care resource and referral agencies to inform families about access to early education and care programs;

(7) Identification of the needs of stay-at-home parents who choose not to participate in an early childhood education programs; and

(8) A description of the resources necessary to meet the objectives outlined in the plan.

(b) Local school readiness board membership shall consist of no fewer than 7 and no more than 21 members and shall include at least 1 consumer of early childhood services, the superintendents of the local or regional school districts serving kindergarteners in the communities applying for the grant, the chief appointed or elected officials of the cities or towns and other members selected from the following categories: a representative from the regional office of the office of child care services, the early childhood coordinator for the local school district, a member of the chamber of commerce or a representative of a local business, a pediatric health care provider, a provider of early education and care services, a family child care provider, a Head Start provider, a provider of early intervention services, a provider of special education services, a provider of children's mental health services, a kindergarten teacher, a representative of a child care resource and referral agency, a representative of a public library, a representative of a non-public school, and other faith based or community representatives with an interest in or knowledge of the needs of young children and families. Local school readiness board membership shall be broadly representative of the racial, ethnic and economic diversity of the community. Existing local councils, including Community Partnerships for Children councils, may become the local school readiness board, provided that they meet all necessary qualifications. Local school readiness boards shall be subject to state laws and regulations concerning open meeting requirements, including but not limited to section 23B of chapter 39 of the General Laws, and members of the boards shall not participate in any matter before the board, which may directly affect their, or their immediate family's, personal or professional financial interests.

SECTION 344. (a) There shall be an advisory committee on early education and care for the purpose of undertaking a study of those foundational and organizational elements that will allow the state to build a first-rate early education and care system that provides every 3 to 5 year old pre-school child access to a high quality early education and care program which meets professionally accepted standards, including, but not limited to, the early childhood program standards and guidelines for preschool learning experiences established by the board of education, is delivered by a well-trained early educator in a variety of public and private settings under the provisions of chapter 15D of the General Laws, and is in conjunction with special education services offered by the department of education and early intervention services offered by the department of public health, if applicable.

The advisory committee shall consist of 5 members appointed by the speaker of the house, one of whom shall be appointed co-chair of the committee, 4 members appointed by the senate president, 1 of whom shall be appointed co-chair of the committee, 1 member appointed by the senate minority leader, 1 person appointed by the Massachusetts Association of Community Partnerships for Children, 1 person appointed by the Massachusetts Association of Day Care Administrators, 1 person appointed by the Massachusetts Head Start Association, 1 person appointed by the Massachusetts Child Care Resource and Referral Agencies Network, 1 person appointed by the Massachusetts Association of Early Childhood Teacher Educators, 1 person appointed by the Massachusetts Association for the Education of Young Children, 1 person appointed by the Massachusetts Independent Child Care Organization, 1 person appointed by Strategies for Children, 1 person appointed by Mass Association of School Committees, and 2 additional members appointed by the advisory committee co-chairs, 1 of whom shall be a representative of a family child care system and 1 of whom shall represent non-public schools. All members shall have expertise and demonstrated interest in early education and care services and a commitment to maximizing family choice by preserving a mixed system of high-quality public and private programs.

In carrying out its study, the advisory committee shall review relevant documents, including the 2001 report of the governor's commission on school readiness and the 2004 report of the Massachusetts early education and care council. The advisory committee shall identify elements of a workforce development system designed to support the education, training and compensation of the early education and care workforce. The advisory committee shall seek to determine elements of a multi-purpose school readiness assessment system for preschool children, as well as an independent evaluation mechanism to monitor program quality. In carrying out its study, the advisory committee co-chairs may appoint subcommittees to investigate and report on specific topics related to the subject, including but not limited to workforce development, coordination and integration of service delivery in the new department, quality enhancement for providers, accessibility and availability of services, and wrap around human services for students in early education and care settings, and may appoint to these subcommittees additional individuals not otherwise appointed to the committee, including representatives of the groups listed below.

The chairs of the advisory committee may expend funds from item 9700-0010 to hire a coordinator for the work of subcommittees, consultants to research best practices in schools of the commonwealth and other states and nations, and such other services as the chairs find necessary to the conduct of this study.

In carrying out its study, the advisory committee shall hold hearings in different regions of the commonwealth, and shall solicit testimony from interested stakeholders, including but not limited to the following: the commissioner of education, the chancellor of higher education, the commissioner of public health, the commissioner of the office of child care services, the commissioner of the department of social services, the commissioner of the department of mental health, the commissioner of the department of transitional assistance, the commissioner of the department of mental retardation, the Children's Trust Fund, the U.S. Department of Health and Human Services Administration for Children and Families, the Early Intervention Consortium, the Massachusetts Chapter of the American Academy of Pediatrics, the Federation for Children with Special Needs, the YMCA's of Massachusetts, the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Teachers Association, the Massachusetts Federation of Teachers, the Parents Alliance for Catholic Education, the Massachusetts Community Colleges Executive Office, the Massachusetts Council of State College Presidents, and the Massachusetts Association for Community Action, the Massachusetts Organization of Educational Collaboratives, the Massachusetts Association of Elementary School Principals, and the Massachusetts Afterschool Partnership.

The advisory committee shall submit a report containing its recommendations by filing the same with the council on early education and care created pursuant to section 608 of chapter 140 of the acts of 2003, the clerks of the senate and house of representatives, the house and senate committees on ways and means, and the joint committee on education, arts, and humanities not later than December 15, 2004.

(b) The council on early education and care created pursuant to section 608 of chapter 26 of the acts of 2003 shall develop a comprehensive plan to consolidate and transfer the management and administration of programs, services, and funding for all existing early education and care programs and services from the department of education and the office of child care services and the department of public health, to the department of early education and care, established pursuant to chapter 15D of the General Laws.

The council shall identify statutory and regulatory duplication of early education and care program administration and services under chapter 28A, and section 54 of chapter 15 of the General Laws, and shall recommend consolidation of early education and care line items. In recommending standards, the council shall take into consideration the program requirements under section 54 of said chapter 15. The plan shall set forth procedures regarding certification and take into consideration the teacher qualification requirements within the department of education's program standards. The plan shall recommend procedures for establishing licensure and accreditation policies, eligibility criteria, sliding fee scales, reimbursement rates, services, regulations, monitoring and policies among publicly funded early education and care programs. The plan shall identify how the state can best prioritize the needs of low-income families. The plan shall identify the proper role of Mass Family Networks, child care resource and referral agencies and other regional coordination and informational entities to assure the continued existence of comprehensive parent outreach, education and support services under the new board of early education and care. The plan shall identify the appropriate role of local councils in gathering data on local need, identifying providers in need of quality assistance, and serving as a local access point for families in need of services; provided, that said plan shall balance the need for local access with the need for clear central financial authority, transparent accounting and reporting standards, and fiduciary responsibility vested in the board established in chapter 15D of the General Laws.

The council shall submit a report containing its recommendations by filing the same with the joint committee on education, arts, and humanities, the advisory committee on early education and care, the clerks of the senate and house of representatives, and the senate and house committees on ways and means, not later than December 15, 2004.

(c) The joint committee on education, arts, and humanities shall review the recommendations of the advisory committee on early education and care submitted pursuant to subsection (a) of this section and the recommendations of the council on early education and care submitted pursuant to subsection (b) of this section. The committee shall make recommendations no later than February 1, 2005 to the General Court, along with any legislative or budgetary recommendations necessary to create a consolidated universal, voluntary high quality early care and education system.

SECTION 345. Notwithstanding any general or special law to the contrary, of the 6 initial board members appointed by the governor to the board of early education and care established in chapter 15D of the General Laws, 1 shall be appointed for a 1 year term, 1 shall be appointed for a 2 year term, 2 shall be appointed for a 3 year term, 1 shall be appointed for a 4 year term, and 1 shall be appointed for a 5 year term.

The board of early education and care shall appoint the commissioner of early education and care no later than April 1, 2005.

The board of early education and care, established pursuant to chapter 15D of the General Laws, shall issue the first workforce development system improvement plan, as required by section 5 of chapter 15D, on or before December 31, 2005.

SECTION 346. Notwithstanding any general or special law to the contrary, no state college, the Massachusetts College of Liberal Arts, Massachusetts College of Art, Massachusetts Maritime Academy, or any community college shall make any expenditure for the issuance or renewal of student or employee identification cards which display the student or employee's social security number.

SECTION 347. Notwithstanding any general or special law to the contrary, the University of Massachusetts may insure the Chandler Laboratory, located at 391 to 393 Sabin street in the town of Belchertown, and recorded in the Hampshire county registry of deeds Book No. 1284, Page 51, and its contents in such amount as the university deems sufficient.

The Governor disapproved this section.
SECTION
348. Notwithstanding any general or special law, regulation, or rule to the contrary, during fiscal year 2005, the division of unemployment assistance shall maintain an office in the city of Taunton within a one-half mile radius of the Bristol superior court building for the purposes of holding hearings.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
349. Notwithstanding any law to the contrary, the department of mental health and the division of capital asset management and maintenance are hereby authorized to enter into an agreement with the town of Northborough regarding the sale, lease or conveyance of certain parcels of land located in said town, adjacent to the Westborough State Hospital for the purpose of passive recreational use by said town of Northborough.

SECTION 350. Notwithstanding any general or special law to the contrary, for fiscal years 2007 and thereafter, the total amount allocated for distribution to cities and towns pursuant to section 35 of chapter 10 of the General Laws shall be the sum of the amount distributed in fiscal year 2006 and: (i) in fiscal year 2007, 20 per cent of the difference between the fiscal year 2006 distribution and the amount that would otherwise be payable; (ii) in fiscal year 2008, 40 per cent of the difference between the fiscal year 2006 distribution and the amount that would otherwise be payable; (iii) in fiscal year 2009, 60 per cent of the difference between the 2006 distribution and the amount that would otherwise be payable; and (iv) in fiscal year 2010, 80 per cent of the difference between the fiscal year 2006 distribution and the amount that would otherwise be payable. For fiscal year 2011 and thereafter the distribution of lottery proceeds shall be determined pursuant to section 35 of chapter 10 of the General Laws.

The Governor disapproved this section.
SECTION
351. Notwithstanding any general or special law to the contrary, the highway department is directed to create a public outreach effort regarding the effects of spraying herbicides and its environmental impact on drinking water sources and wetlands. Said department shall report to the clerk of the house of representatives who shall forward the same to the joint committee on transportation and the house and senate committees on ways and means on the implementation and results of said program on or before January 1, 2005.

The Governor disapproved this section.
SECTION
352. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall reestablish the North American Indian Center of Boston, Inc.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
353. Notwithstanding any general or special law or regulation to the contrary, the Massachusetts Highway Department shall include the proposed intersection improvements of the Route 1A/Main Street-Winter Street-Jean Road intersection in Walpole on the Transportation Improvement Program project list covering fiscal years 2003-2007 and shall commence said improvements during fiscal year 2005.

SECTION 354. Notwithstanding any general or special law to the contrary, there shall be a pilot program in the Cambridge division of the Middlesex county district court to improve indigency verification of defendants claiming a right to publicly funded counsel. The program's objective shall be to employ appropriate information technology to access, instantaneously, or as nearly instantaneously as possible, all information potentially relevant in verifying defendants' indigency that is available to the chief probation officer under section 195 of this act. From September 1, 2004 until April 30, 2005, the committee for public counsel services shall enter into a service agreement with a consulting firm to investigate and examine the assets of defendants seeking publicly funded counsel based upon indigency. The consulting firm shall be selected through a competitive bidding process. The competitive bidding process shall require that all bidders be qualified and experienced in the use of information technology to achieve rapid and accurate retrieval of data comparable to the data needed for this program from systems comparable in size and scope to the systems being used as information resources in this program. The chief probation officer of the Cambridge division of the Middlesex county district court, in collaboration with the committee for public counsel services, shall oversee the operation of the pilot program. Through the use of appropriate information technology in, or immediately adjacent to, the courtroom, the program shall attempt to provide the chief probation officer and presiding judge with immediate access to the relevant records of the departments of revenue, transitional assistance and medical assistance and the registry of motor vehicles to determine a defendant's eligibility for publicly funded counsel. The program shall seek to provide such information to the presiding judge during the same session of the court in which the defendant claims entitlement to such services. Consistent with applicable laws and to the extent feasible, the consultant shall, through the use of information technology, also seek to obtain access, as nearly instantaneously as possible, to the defendant's bank and financial records, property records and social security records, in order to determine the defendant's eligibility for publicly funded counsel.

The committee for public counsel services and the consultant shall submit a report to the clerk of the house of representatives who shall forward the same to the joint committee on the judiciary and the house and senate committees on ways and means on or before May 31, 2005 detailing any cost savings to the commonwealth that resulted from the pilot program. In particular, the report shall compare the percentage of defendants granted public counsel in the Cambridge division of the Middlesex district court during the pilot program with the percentage of defendants granted public counsel in the same court during the same period in 2003. Further, the report shall compare the percentage of defendants in the Cambridge division of the Middlesex county district court claiming a right to public counsel who were found eligible for such services during the pilot program with the percentage of defendants in the Lowell division of the Middlesex county district court claiming a right to public counsel who were found eligible for such services during the term of the pilot program. The report shall also include recommendations for any legislation that is deemed necessary to improve the speed and accuracy of indigency verification in the courts.

The Governor returned with recommendation of amendment, see H4925.
SECTION
355. There shall be a special commission to study the impact and effects on youth of the abuse of OxyContin and other prescription and illicit drugs including, but not limited to, Duragesic, Klonopin, Methadone, Morphine, Vicodin, as well as their generic equivalents, and cocaine, heroin, GHB, and MDMA. The commission shall consist of 3 members appointed by the speaker of the house, including the house chair of the joint committee on health care, 3 members appointed by the senate president, including the senate chair of the joint committee on health care, the commissioner of mental health, the commissioner of public health drug control program and 3 persons to be appointed by the governor, all of whom shall be members of the medical and substance abuse treatment community with specialty experience in drug regulation, prescription, treatment and abuse. The commission shall study the prescription, dispensing, treatment and education of those drugs and shall submit a report, including legislative recommendations, if any, to the clerk of the house of representatives who shall forward the same to the joint committee on health care and the house and senate committee on ways and means on or before June 15, 2005.

The Governor disapproved this section.
SECTION
356. There shall be a special commission to conduct an investigation and study of ways in which to improve the regional uniform protocol for sex offender management. The commission shall consists of 2 members appointed by the secretary of the executive office of public safety; 1 member appointed by the Barnstable county sheriff; 1 member appointed by the Cape and Islands district attorney's office; and 2 members appointed by the Cape Cod Police Chiefs Association. The commission's duties shall include, but not be limited to: (1) examination of the long and short-term affects of requiring sex offenders to register 90 days before their release from custody and declare the municipality in which they plan to reside and of requiring transfer to the house of correction in the county in which they plan to reside 30 days prior to their release; (2) investigation to determine whether proposed legislative changes to expand the role of regional hearing officers, the use of local databases, and the use of local houses of correction for prisoner transfer and pre-release registration and classification would increase public safety; (3) evaluation of the pilot program established in section 249, including a recommendation on whether the protocol could be successfully implemented statewide; and (4) evaluation of potential changes in the sex offender registry statute and the civil commitment statute to achieve regional efficiencies in sex offender management throughout the commonwealth. The commission shall report the results of its investigation and its recommendations and shall submit drafts of any proposed legislation necessary to implement its recommendations by filing the same with the clerks of the senate and house of representatives on or before June 30, 2005.

The Governor disapproved this section.
SECTION
357. (a) There shall be a special commission to study the energy consumption of the government of the commonwealth. The commission shall specifically review the annual level and cost of energy consumption by executive offices, departments, agencies and divisions of the commonwealth's government over the past 3 fiscal years and shall develop a plan to conserve energy by reducing the government's annual energy consumption rates by at least 10 per cent compared to the average consumption rates over the past 3 fiscal years and by increasing the use of energy efficiency methods. The commission shall investigate and devise a plan to include renewable energy sources in the government of the commonwealth's energy portfolio. The commission shall also study the feasibility of utilizing innovative contracting and capital improvement planning to increase energy efficiency and reduce energy expenses in commonwealth facilities. The commission shall hold at least 4 statewide public hearings as part of its review. The commission shall report its findings and any proposed legislation to the clerks of the senate and the house of representatives not later than March 1, 2005. A copy of such report shall also be submitted, by said date, with the secretary of administration and finance, who shall take steps necessary to implement the recommendations of the commission.

(b) The special commission shall consist of 16 members. 8 members shall be appointed by the governor, including the chair of the department of telecommunications and energy, or his designee; the commissioner of energy resources, or his designee; the commissioner of the division of capital asset management and maintenance, or his designee; the secretary of administration and finance, or his designee; the secretary of transportation, or his designee; the president of the University of Massachusetts or his designee; the superintendent of state office buildings or his designee; and a representative from the Massachusetts Technology Park Collaborative. 4 members shall be appointed by the senate president, including the senate chair of the joint committee on energy and the senate minority leader or his designee; a representative from the International Brotherhood of Electrical Workers; and a representative from an organization that addresses energy conservation issues. 4 members shall be appointed by the speaker of the house of representatives, including the house chair of the joint committee on energy and the house minority leader or his designee; a representative from the National Association of Government Employees; and a representative from an organization that addresses energy conservation issues.

SECTION 358. A special commission is hereby established for the purpose of making an investigation and study relative to workforce issues in those agencies serving people with mental retardation in the commonwealth. The issues shall include, but not be limited to, recruitment, retention and all other barriers that might impact the quality of employment for individuals with mental retardation. The commission shall consist of 2 members of the senate appointed by the president of the senate, 2 members of the house of representatives appointed by the speaker of the house of representatives, the secretary of the executive office of health and human services or his designee, the commissioner of the department of mental retardation or his designee, and 3 persons appointed by the governor, 1 of whom shall be a member of the Association of Developmental Disabilities Providers, 1 of whom shall be a member of Arc Massachusetts and the chairman of the governor's commission on mental retardation or his designee. The commission shall also have the authority to utilize existing data collected by vendor agencies, state and federal government agencies relative to workforce issues, and to collect additional data from relevant agencies and providers and study groups. The commission shall file a report with the results of its investigation and recommendations, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and the house of representatives on or before March 15, 2005.

SECTION 359. The division of urban parks and recreation and the Massachusetts Bay Transportation Authority shall, file on or before December 31, 2004, a report to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committees on transportation, natural resources and agriculture and public safety providing a formal process for reviewing the use of the roads, driveways, parkways, boulevards and bridges under the jurisdiction of the division by the buses under the care and control of the Massachusetts Bay Transportation Authority.

SECTION 360. The undersecretary of public safety for forensic sciences shall prepare a report and recommendations, including draft legislation if so required, to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means and the house and senate joint committee on criminal justice by January 1, 2005 on the further coordination and consolidation of the Commonwealth's criminal forensic services, including but not limited to computer forensics, controlled substance testing, toxicology services and an automated evidence tracking system accessible to end users. The undersecretary, following consultation with the division of capital asset management, shall also provide a recommendation to said committees for the design, placement and funding for a new state police crime laboratory. Upon written request by the undersecretary, all executive agencies, county sheriffs, municipalities, public universities and any other entity receiving state funding to perform forensic services on behalf of the Commonwealth, shall provide all documentation and information necessary to determine the type, scope, volume and cost of such forensic services. The report shall identify the costs of these services in fiscal year 2004.

The Governor disapproved this section.
SECTION
361. There shall be a special commission to evaluate the current status, adequacy and availability of long-term care residential services, facilities and programs for cognitively intact adults between the ages of 19 and 59 years of age with progressive and severe, chronic and physically disabling neurologic conditions. The commission shall study the long-term care needs of adults with multiple sclerosis and other similar progressive neurological conditions that manifest in physical impairments, including Amyotrophic Lateral Sclerosis, also called Lou Gehrig's disease, spinal cord injuries, muscular dystrophy, arthritis and Parkinson's disease to determine what specialized services, staff training and expertise are needed to serve their psychosocial and medical needs. The commission shall also evaluate what capacity in existing facilities must be preserved and adjusted to meet the demand for 24-hour custodial care and treatment of this population of cognitively intact, physically disabled young adults.

The commission shall collect and review data from the Massachusetts office on disability, the department of public health office on health and disability, the division of medical assistance and any other state or quasi-state agency or department with relevant information, to assist in the evaluation of waiting lists, number of severe or progressive neurologically disabled adults in each facility, the population frequency of disability by type and location, the profile of disabled adults in each facility offering specialized services for such cognitively intact, physically disabled adults with progressive or severe neurologic conditions. The commission shall also examine nonconfidential data from private local agencies and nonprofit organizations serving that population to determine the needs, whether met or unmet, and statistically anticipated, of such cognitively intact, physically disabled adults between the ages of 19 and 59, with severe and progressive neurologic conditions and diseases.

The special commission shall assess the fiscal impact, if any, of meeting the residential, psychosocial and physical dependency needs of this target population of cognitively intact adults with progressive and severe neurologic disabilities including, but not limited to a review of: the current status and accounting of available beds or units within existing facilities, existence of public or private facilities and homes serving this population, whether and how hospital units should be restructured or retrofitted to accommodate this targeted population, the appropriateness of the services offered in those units state and federal regulations governing long-term care facilities, including respite beds for the target population and evaluation of options for affordability.

The special commission shall consist of 24 members as follows: 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on health care or his designee, 1 of who shall be the chair of the house committee on ways and means or his designee and 1 of whom shall be appointed by the house minority leader; 3 members of the senate, 1 of whom shall be the senate chair of the senate committee on health care or his designee, 1 of whom shall be the chair of the senate committee on ways and means or his designee and 1 of whom shall be appointed by the senate minority leader, the secretary of administration and finance or his designee; the secretary of health and human services or his designee; 2 persons to be appointed by the governor who shall be between the ages of 19 and 59 with progressive or severe neurologic disabilities; the director of the Massachusetts office on disability or his designee; the commissioner of public health or a designee from the office on health and disability; the commissioner of medical assistance or his designee and the commissioner of health care finance and policy or his designee. The legislative or administrative staff for this commission shall be provided from existing resources or staff from the above offices. Other members of the commission shall include: 1 member of the Olmstead Advisory Group, the director of the Disability Law Center or his designee, the president or chief executive officer or his designee, of disease agencies and organizations serving individuals with multiple sclerosis, Amyotrophic Lateral Sclerosis, spinal cord injuries, muscular dystrophy, arthritis and Parkinson's disease and 1 administrator and 1 representative from the nursing staff from the Boston Home.

The commission shall be co-chaired by 1 member of the house and 1 member of the senate to be appointed respectively by the speaker of the house and president of the senate. The commission shall hold public hearings to assist in the collection and evaluation of data and testimony from family members, caregivers, facilities and other state offices, as well as other sources of information. The commission shall conclude its evaluation on or before September 30, 2004 by filing a final report with the clerks of the house and senate who shall forward the same to the house and senate committees on ways and means and the joint committee on health care.

The report shall include recommendations for securing services facility based custodial care for cognitively intact, physically disabled adults between the ages of 19 and 59, with progressive or severe neurologic disabilities, the cost of maintaining or establishing those facilities and any legislation necessary to implement or allow for the maintenance, retrofitting, renovation or construction of facilities for the targeted population.

SECTION 362. There shall be a special commission to study and report on the distribution of additional assistance. The commission shall consist of 3 representatives of the senate committee on ways and means, appointed by the president, and 3 representatives of the house committee on ways and means, appointed by the speaker. The scope of the commission's inquiry shall include, but shall not be limited to: the formula used to distribute additional assistance, an evaluation of the equity of the distribution of additional assistance and recommendations on modifications to the formula. This inquiry shall include at least 3 public hearings, which shall be held in at least 3 different counties of the commonwealth. The commission shall submit its report, along with drafts of any legislation, to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means no later than February 15, 2005.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
363. There shall be a special commission to investigate and study middle education in the commonwealth, including but not limited to the following: a study of progress on implementation of the recommendations included in the 1993 Department of Education "Magic in the Middle" report; a review of the pertinent research and effective best practice; and recommendations to improve standards based middle level teaching and learning, including review and analysis, and recommendations of middle level education as related to curriculum frameworks, teacher licensure, high standards and achievement articulation between elementary and high school levels, and department of education middle level support services.

The commission shall consist of the house and senate chairs of the joint committee on education, arts and humanities, who shall serve as co-chairs of the commission, 3 members of the senate appointed by the senate president, 5 members of the house of representatives appointed by the speaker, the commissioner of education or his designee, and 10 persons to be appointed by the governor. The governor shall choose from recommendations made by the appropriate organizations representing members of each of the following categories: not less than 1 superintendent, not less than 1 middle school principal recommended by the Massachusetts Secondary School Administrators Association, not less than 1 member of a school committee, not less than 1 member of the New England League of Middle Schools, not less than 1 parent of a middle school child and not less than 3 middle school teachers, 2 to be recommended by the Massachusetts Teacher Association and 1 by the Massachusetts Federation of Teachers.

The commission may accept and expend any appropriations, grants of money, professional, consultant, clerical and other services and supplies for the commonwealth in the course of its investigation and study.

The commission shall submit a report and its recommendations, if any, together with any drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerks of the senate and house of representatives who shall forward the same to the joint committee on education, arts and humanities, on or before November 24, 2004.

SECTION 364. (a) There shall be a special commission to investigate and study the feasibility of constructing a new inpatient facility in central Massachusetts for clients of the department of mental health and other persons with mental illness who require hospitalization or continuing care in a hospital setting. The study shall include, but not be limited to design features of any such facility, costs of construction, financing strategies, timeline for development and construction, administration of any such facility, and the sitting of any such facility. The commission shall consist of fifteen members as follows: five members of the house, one member appointed by minority leader, four appointed by the speaker of the house, three members of the senate, one appointed by the minority leader, two appointed by the president of the senate; the secretary of administration and finance or his designee; the commissioner of the department of mental health, or her designee; the commissioner of the department of capital asset management and maintenance, or his designee; a representative from American Federation of State County and Municipal employees; a representative from Mass Nurses Association and 2 representatives from the national alliance for the mentally ill of Massachusetts. The commission shall report to the general court the results of its study together with recommendations and drafts of legislation by filing the same with the clerks of the Senate and the House of Representatives on or before April 1, 2005. (b) No action shall be taken to reduce the client populations of Worcester State Hospital or Westborough State Hospital for the sole purpose of closing either or both of said hospitals, and not steps shall be taken to close either institution through attrition, layoffs or other means on or before July 1, 2005.

The Governor disapproved this section.
SECTION
365. Notwithstanding the provision of any general or special law to the contrary, the division of medical assistance shall study the possible effects of placing any drug prescribed for the treatment of hemophilia or blood disorders on prior authorization. Said study shall include an analysis on the clinical outcomes that could result from such prior authorization as compared to the effectiveness of oversight to prevent overmedication or misuse of prescribed drugs. The results of said study and any accompanying recommendations shall be submitted to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means no later than December 1, 2004.

SECTION 366. Notwithstanding any general or special law to the contrary, the supreme judicial court, in consultation with the chief justice for administration and management of the trial court, may exempt attorneys employed by the commonwealth and its political subdivisions from paying the annual registration fee assessed by or otherwise payable to the board of bar overseers.

SECTION 367. The department of housing and community development, in consultation with the department of education and the department of revenue, shall study the impact on educational systems in cities and towns as a result of adopting smart growth zoning districts described in chapter 40R of the General Laws. Said study shall include, but not be limited to, the following: the number of public school children residing in housing units of new construction in approved districts; any additional net costs incurred by impacted public school systems; the number of cities and towns that have adopted smart growth zoning districts; and a recommended formula for ascertaining any actual additional net public school costs to which cities and towns may become subject as a result of adopting the smart growth zoning districts described in chapter 40R. In developing the recommended formula, the agencies shall take into account new tax and other revenues to which cities and towns may become entitled as a result of adopting those districts. The department of housing and community development shall report on the methodology it recommends, including an analysis of alternative methodologies they evaluated. The department of housing and community development shall submit its report to the clerks of the house and senate who shall forward the same to the house and senate committees on ways and means, the joint committees on taxation, housing and urban development and education, arts and humanities no later than July 1, 2006.

(b) No one-time density bonus payments or smart growth zoning incentive payments shall be made under section 9 or under section 13 of chapter 40R of the General Laws on or before July 1, 2005.

The Governor returned with recommendation of amendment, see H4926.
SECTION 368. Notwithstanding any general or special law to the contrary, the executive office of public safety, in cooperation with the Massachusetts Chiefs of Police Association, shall submit a report to the house and senate committees on ways and means no later than October 1, 2004 that shall recommended a formula for the equitable distribution of community policing grants based upon, but not limited to, the following: accurate statistics for each municipality's population as of the 2000 census, historic levels of community policing grants, violent crime rates, seasonal population fluctuations, hate crimes statistics, non-violent crime rates, tourism and visitor statistics, terrorist attack risk assessment and law enforcement officer assault statistics. Said report shall also include detailed information regarding unexpended balances of said funds for each municipality and the reason for said unexpended balances. No competitive grant funds shall be distributed from item 8000-0010, in section 2 of this act, in fiscal year 2005 prior to the enactment of legislation establishing a new distribution formula for the allocation of said community policing grants. No municipality shall receive funding from said item until they have submitted uniform crime statistics to the Federal Bureau of Investigations. Earmarked funds in the community policing item shall be reduced 33.3 per cent beginning in fiscal year 2006 and in each subsequent fiscal year with the intention of eliminating earmarked funds from said item by fiscal year 2008.

SECTION 369. (a) There shall be a task force to study reflectorized safety number plates, within available appropriations. The task force shall study the feasability of a state-wide license plate reissuance for passenger and commercial vehicles. The study shall include, but not be limited to: (1) the impact on the reduction of unregistered and uninsured motor vehicles; (2) the impact on state and local revenue; (3) an examination of state-of-the-art digital technology.

(b) The task force shall consist of the following members: (1) the registrar of motor vehicles, or designee, (2) the secretary of public safety, or designee, (3) a representative from the department of correction, (4) a representative from the Massachusetts Police Chiefs Association, (5) a representative from the Massachusetts Municipal Association, (6) a representative from the International Brotherhood of Police Officers, (7) the chairmen from the joint committee on public safety, (8) the chairmen from the house and senate committees on science and technology, and (9) a chairperson appointed by his excellency, the governor.

(c) All appointments to the task force shall be made no later than 30 days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) The task force shall submit a report on its findings and recommendations to the clerk of the house of representatives who shall forward the same to the joint committee on transportation on or before December 15, 2004.

SECTION 370. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission on residential care facilities, also known as rest homes, in the commonwealth. Said commission shall study the role that residential care facilities play in the continuum of long-term care, identify the availability of residential care facilities relative to the need for such services, and the adequacy of public reimbursement for residential care facilities. The commission shall also study the roles of state agencies relative to residential care and recommend policies and procedures to coordinate effective communication and oversight among the various agencies with responsibility for residential care. The commission shall make recommendations relative to the funding of and methodology used in determining rates paid to residential care facilities. Said commission shall consist of the following members: 4 members of the senate, 1 of whom shall be appointed by the minority leader; 4 members of the house, 1 of whom shall be appointed by the minority leader; the commissioner of the department of public health, or her designee; the commissioner of the division of health care finance and policy, or his designee; the commissioner of the department of transitional assistance, or his designee; the secretary of the executive office of elder affairs, or her designee; and two representatives from each of the following organizations: Massachusetts Aging Services Association and the Massachusetts Association of Residential Care Homes. The commission shall report its findings and recommendations to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means on or before April 1, 2005.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
371. The department of environmental protection, solid waste management section shall study the closure of the BFI landfill located in the city of Fall River at the completion of Phase II, Cell D. Said study shall include, but not be limited to the following; (1) the possibility of no longer accepting any waste matter, ash, or any other material with the completion of Phase II, Cell D, (2) using only materials to complete the closing will be accepted at the facility, (3) the prohibition of any expansion into any other portion of the landfill site, including Phase III, (4) the direction and flow of the subsurface groundwater surrounding the Browning Ferris Landfill in Fall River, (5) the testing of the groundwater contaminants lechating from the landfill and mapping of the travel direction and distances traveled by the contaminated groundwater, (6) and any other matters involving the closure of said landfill and the possible contamination of groundwater in areas around said landfill. The department shall report its findings together with recommendations, if any, to the clerk of the house of representatives who shall forward the same to the joint committee on natural resources and agriculture and house and senate committees on ways and means on or before May 1, 2005.

The Governor returned with recommendation of amendment, see H4927.
SECTION
372. There shall be a commission to study the provision of counsel to indigent persons who are entitled to the assistance of assigned counsel either by constitutional provision, or by statute, or by rule of court. The commission shall be composed of 11 persons, including 1 member to be appointed by the speaker of the house of representatives, 1 by the president of the senate; 1 by the house chair and 1 by the senate chair of the committee on the judiciary; the chief justice of the supreme judicial court or her designee; the chief justice for administration and management of the trial court or his designee; the commissioner of probation or his designee; the chief counsel of the committee for public counsel services; the chairman of the committee for public counsel services; a staff attorney employed by, and a private attorney who accepts assignments from, the committee for public counsel services, to be appointed by said committee.

The commission shall examine all aspects of the provision of counsel in such cases, including but not limited to (i) the frequency of the assignment of counsel to indigent persons, (ii) the feasibility of changes, consistent with chapter 211D of the General Laws, to control or reduce the frequency of case assignments, (iii) the cost of providing counsel in such cases; (iv) the adequacy of existing procedures for determining and verifying the eligibility of persons who request the assignment of counsel; (v) the adequacy of existing procedures for the assessment and collection of counsel fees from persons who have been determined to be eligible for assigned counsel; (vi) the existing balance, and the adequacy of that balance, in each practice area and county between the provision of legal representation by salaried staff counsel and certified private counsel; (vii) the frequency with which neither salaried staff counsel nor certified private counsel are available to represent a defendant entitled to publicly funded representation; (viii) the impact of the current hourly rate paid to certified private counsel on the availability or non-availability of such counsel to defendants entitled to publicly funded representation; and (ix) the feasibility and potential benefits of providing representation to indigent persons predominantly through the assignment of salaried staff counsel rather than certified private counsel.

The commission shall report its findings and recommendations to the clerk of the house of representatives who shall forward the same to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate committees on ways and means on or before February 1, 2005.

The Governor disapproved this section.
SECTION
373. The department of education, in this section called the department, shall develop a statewide plan to establish and maintain an environment for students which is safe, positive, conducive to learning, and free of disruption and bullying. The plan shall include but not be limited to the following features: a framework for a model policy on the prevention of bullying as described below; a proposed hierarchy of responsibilities for teachers and administrators to ensure accountability for results; a method for assessing the students' environment at school and in after school environments, a model curriculum and continuing professional education on bullying, and a process for continued review of the progress made in eliminating bullying from the school environment.

The department shall develop a model policy on the prevention of bullying. The bullying prevention policy shall include but not be limited to:

(i) A statement prohibiting bullying of any student;

(ii) A definition of bullying;

(iii) Proposed disciplinary policies for schools, including appropriate disciplinary or remedial action or students who commit bullying;

(iv) A model procedure that directs students and staff how to report violations and file complaints;

(v) A model procedure for investigating reports of violations and complaints;

(vi) A description of how the board will ensure that teachers and other staff members receive training in preventing, recognizing and responding to bullying.

(c) Each school committee may develop local bullying prevention policies based on the model policy developed by the department pursuant to subsection (b).

(d) The department shall work with relevant stakeholders, including community organizations, to develop pilot programs on the prevention of bullying, and shall seek to replicate successful results in other schools and districts.

(e) The department shall issue its statewide plan and model policies no later than February 1, 2005, and shall file the same with the house and senate clerks, the house and senate chairs of the joint committee on education, arts and humanities, and the chairs of the house and senate ways and means committees, along with any legislation necessary to carry said policy into effect. Said legislation may include a proposed statutory definition of bullying, amendments to school handbook law, expulsion law, professional development provisions, or any other section of general laws which, in the opinion of the department are integrally related to the prevention and elimination of bullying.

The Governor returned with recommendation of amendment, see H4928.
SECTION 374. Notwithstanding any general or special law to the contrary, the board of fire prevention regulations, established in section 4 of chapter 22D in consultation with the Massachusetts fire training council, established in section 164 of chapter 6, the fire safety commission, established in section 200 of said chapter 6, the state board of building regulations and standards, established in section 94 of chapter 143, the state fire marshal and the Secretary of Public Safety or his designee, shall study the feasibility and likely efficacy of promulgating rules and regulations: (1) establishing a nightclub fire safety training program and training materials for employees of every building or structure, or a portion thereof, of public assembly with a capacity of 50 persons or more and designed or used for occupancy as a nightclub, dance hall, discotheque, bar or other similar purpose; (2) establishing and promoting education in the proper use and storage of all forms of fire extinguishers and other similar fire suppressant apparatus for the owners, lessees and mortgagees of all buildings certified under the state building code; (3) establishing, in conjunction with the executive office of economic affairs, methods for owners, lessees and mortgagees in possession or control of a building or structure, or a portion thereof, of public assembly with a capacity of 50 persons or more, designed or used for occupancy as a nightclub, dance hall, discotheque, bar or other similar purpose, to install automatic sprinklers at discounted rates including, but not limited to, no interest or low interest loans and insurance cost-containment measures; (4) establishing methods for the proper tracking and certification of pyrotechnic displays and for the use of fog, hazing or other fog-producing apparatus, in all places of public assembly; (5) improving luminescence of egress routes and the widening or upgrading of main exit doors in all places of public assembly; (6) establishing requirements that balanced design be employed in the future construction of large entertainment venues, such as theatres, convention centers and arenas; (7) prohibiting the use of non-flame retardant foam plastics and non-flame retardant acoustic materials in all places of public assembly; (8) establishing standards, based upon current technology and science, on the proper use of fire-resistant acoustic materials in all places of public assembly; and (9) establishing an advisory council on fire safety building materials for the purpose of incorporating comprehensive flame-retardant material standards into the state building codes and to recommend to the state board of building regulations and standards flame-retardant material standards to be incorporated as emergency amendments into the state building code.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
375. The Public Employee Retirement Administration Commission in consultation with the state and state teacher's retirement boards shall analyze, study, and evaluate the costs and actuarial liabilities attributable to increasing the base to which cost of living adjustments are applied under section 102 of chapter 32 of the General Laws. The study shall include the cost and actuarial liability associated in increasing the base from 12,000 to 22,000 incrementally by the thousand. In order to effectuate the funding for the change in the base, the commission shall prepare supplemental pension funding schedules which shall be designed to reduce the actuarial unfunded liability, attributable to the increased COLA base, to 0 on or before June 30, 2028 and shall provide 2 alternative schedules providing the option of reducing the unfunded liabilities to O by June 30, 2034 and June 30, 2038, respectively; provided, that in preparing such schedules, the commission shall consider the actuarial value and the market value of the system's assets and liabilities, the long term investment rate of return on the systems assets and the system's unfunded actuarial liability. The commission shall file the study together with its recommendations and proposed funding schedule to the house and senate committees on ways and means, along with the joint committee on public service on or December 31, 2005. The commission shall provide assistance in developing funding schedules for the purpose of increasing the COLA base to city, town, county, regional, district and authority retirement systems at the request of the appropriate retirement board.

SECTION 376. Notwithstanding any general or special law to the contrary, an amount equal to $270,000,000 from the Federal Medicaid Assistance Percentage Escrow Fund, established by section 1 of chapter 118 of the Acts of 2003, shall be designated for expenditure in fiscal year 2005, and shall not contribute to the calculation of the fiscal year 2004 consolidated net surplus, as calculated by the state comptroller as of June 30, 2004, pursuant to section 5C of chapter 29 of the General Laws. Not later than July 15, 2004, the state comptroller is hereby authorized and directed to transfer said amount from said fund to the General Fund.

SECTION 377. Notwithstanding any general or special law to the contrary, the Massachusetts Housing Finance Agency, established pursuant to section 2 of chapter 23B of the General Laws, shall transfer no later than June 30, 2005 $4,000,000 from funds available pursuant to section 197E of chapter 111 of the General Laws to the General Fund.

The Governor disapproved this section.
SECTION
378. Notwithstanding any general or special law to the contrary, in accordance with subsection (e) of section 35J of chapter 10 of the acts of 2002, $770,000 shall be transferred from the Massachusetts Tourism Fund to the Regional Tourism Facility Fund in fiscal year 2005.

SECTION 379. The amounts transferred pursuant to section 5B of chapter 29 of the General Laws, as most recently amended by section 163 of chapter 26 of the Acts of 2003, shall be made available for the Commonwealth's Pension Liability Fund established under section 22 of chapter 32 of the General Laws. The amounts transferred pursuant to said section 5B of said chapter 29 shall meet the commonwealth's obligations under section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to section 102 of said chapter 32, and for the costs of increased survivor benefits pursuant to chapter 389 of the Acts of 1984. Subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county and district shall verify the cost thereof and the treasurer may make such payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to subsection (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this item shall be made only pursuant to distribution of monies from the fund, and any such distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution. Such distributions shall not be made in advance of the date on which a payment is actually to be made. The state retirement board may expend an amount for the purposes of the higher education coordinating council's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to section 5B of said chapter 29 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund of the commonwealth for the purpose of reducing the unfunded pension liability of the commonwealth.

SECTION 380. Notwithstanding any general or special law to the contrary, on or before June 30, 2005, the comptroller shall transfer $340,000,000 from the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund. If tax revenues for the commonwealth exceed benchmarks set by the department of revenue based on the consensus revenue estimate, established pursuant to section 5B of chapter 29 of the General Laws, by the third quarter of fiscal year 2005, consideration shall be given to reduce the amount of the Stabilization Fund transfer stated herein. Said reduction shall be determined by the house and senate committees on ways and means.

The Governor returned with recommendation of amendment, see H4929.
SECTION
381. Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the division of health care finance and policy and the secretary of health and human services, shall transfer $75,000,000 in unexpended amounts from account number 4000-0896 in MMARS, so called, to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws, on or before October 1, 2004. The division of health care finance and policy, shall expend the aforementioned amount, without further appropriation, to reimburse acute hospitals for uncompensated care rendered during hospital fiscal year 2005.

SECTION 382. Notwithstanding any general or special law to the contrary, the comptroller shall transfer, on October 1, 2004, $75,000,000 from the General Fund to the Uncompensated Care Trust Fund for the purpose of funding one-time payments to acute care hospitals and community health centers.

SECTION 383. Notwithstanding any general or special law to the contrary, pension benefits funded through item 0612-2000 in fiscal year 2004 shall be funded from the Pension Reserves Investment Trust fund, as established pursuant to section I of chapter 32 of the General Laws. The state treasurer shall report to the house and senate committees on ways and means not later than November 15, 2004 on the benefits funded pursuant to this section. This report shall list the amount of benefit received by each individual through this funding in fiscal year 2004 and the amount of benefit projected to be received by each individual through this funding in fiscal year 2005.

SECTION 384. Notwithstanding section 108L of chapter 41 of the General Laws or any general or special law to the contrary, any city or town which accepts the provisions of section 108L of chapter 41 of the General Laws after August 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 the those payments before fiscal year 2015.

The Governor disapproved this section.
SECTION
385. Notwithstanding any general or special law to the contrary, amounts expended from the Natural Heritage and Endangered Species Fund, established by section 35D of chapter 10 of the General Laws, shall be exempt from indirect cost charges pursuant to chapter 29 of the General Laws.

The Governor disapproved this section.
SECTION
386. Notwithstanding any general or special law to the contrary the secretary of transportation and construction and the Massachusetts highway department shall conduct a study on the effects of a permanent commercial truck ban on Elm street, Hayward street and Howard street, in the town of Braintree; provided further, that said study shall be submitted to the joint committee on transportation and the house and senate committees on ways and means by January 1, 2005.

The Governor disapproved this section.
SECTION
387. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, a certain parcel of land located on the westerly side of Border Street in East Boston in the City of Boston is hereby eliminated as a Designated Port Area under 301 C.M.R. 25 and 310 C.M.R. 9 and any other applicable provisions of the code of Massachusetts regulations.

Said parcel located at 80 Border Street, East Boston, assessors parcel number 01-05412002, and shown on a plan entitled Plan of Land 80 Border Street Boston (East), Mass. Dated 3/31/2004. Said parcel contains approximately .514 acres of land.

SECTION 388. The bridge located on Route 3 North and extending over Route 62 in the town of Bedford, northbound bridge number B-04-011 (AYA) and southbound bridge number A-04-011 (AY9), shall be designated and known as the Michael P. Lenihan Bridge. The department of highways shall erect and maintain a suitable marker on said bridge bearing said designation in compliance with the standards of said department.

NO SECTION 389.

SECTION 390. There shall be an information technology advisory board. The advisory board shall consist of 7 members including: the executive department's chief information officer; the legislative departments chief information officer; the judicial department's chief information officer; the chair of the senate committee on science and technology; the chair of the house committee on science and technology; and 2 members appointed by the governor for terms of 1 year each, 1 of whom shall have expert knowledge in the area of information technology, 1 of whom shall represent the interests of business and the other the interests of the consumers.

The board shall annually, by July first of every year, draft, recommend and present for signature to the governor, the speaker of the house of representatives, the president of the senate, the chief justice of the supreme judicial court and the constitutional officers, a memorandum of understanding among and acceptable to the executive department, legislature, judiciary and constitutional offices that shall include information technology standards and a strategic plan for the signatories' acquisition and use of information technology. In addition, the advisory board shall advise the executive department's chief information officer on information technology issues, including the development of an enterprise vision, strategy and direction for the use of information technology in the executive department, the development of policy, strategic planning, and project selection criteria, and information technology architecture, infrastructure, information technology investments and security. The advisory shall also file annually, on July first of every year, a report with the governor, the speaker of the house, the president of the senate, the constitutional officers, and the chief justice of the supreme court, including its analysis and recommendations during the previous year.

The information technology advisory board's membership shall meet regularly on a schedule to be determined by its members, but in any case no fewer than 4 times a calendar year. The members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties. The information technology division's staff shall provide such assistance as the board may deem necessary.

SECTION 391. The secretary of administration, in collaboration with the state auditor and the personnel administrator, shall conduct a comprehensive review and analysis of executive and managerial compensation and shall report the results of the study to the house and senate committees on senate ways and means and the joint committee on public service not later than October 1, 2004. The report shall include, but not be limited to, a review of all executive branch employees, employees of the governor's office and the executive office of administration and finance whose annual salary is $100,000 or more. The study shall also analyze the management salary schedule established in section 46 of chapter 30. The report shall include, but not be limited to, an analysis of the operation of the salary schedule, including the number of managers in each job group at each increment step, how salaries for managers are initially set, how the performance of managers is reviewed and how increases or increments are given. The administrator shall make recommendations regarding whether and how the schedule should be adjusted, including whether job grades or steps should be increased or eliminated and on other methods of salary administration, including management performance evaluations.

SECTION 392. There shall be a special commission to consist of the governor or his designee, the president of the senate or his designee, the speaker of the house of representatives or his designee and the chairs of the boards of selectmen in the town of Canton and the town of Milton for the purpose of conducting a study of the feasibility and cost to the commonwealth in converting the state property known as Brookwood farm, which was donated to the commonwealth for use as a governor's residence, to use for that purpose. The special commission shall report to the general court the results of its investigation and study, together with recommendations and drafts of legislation necessary to carry out any recommendations, by filing the report with the clerk of the senate and the clerk of the house of representatives on or before February 15, 2005.

SECTION 393. (a) There shall be a pilot program operated by the clerk of the central division of the Boston municipal court for the purpose of recovering unpaid obligations to the court from bail posted by or on behalf of criminal defendants.

(b) For the purposes of this section, the following terms shall have the following meanings:

"Bail discharge docket", the docket created in subsection (d).

"Bail lien", the lien created by subsection (c); provided, however, that such lien shall be created and perfected automatically and immediately upon imposition of a financial obligation on the defendant.

"Bail lien discharge", the discharge prescribed in subsection (d).

"Clerk" or "clerk of the court", the clerk of the central division of the Boston municipal court department.

"Assistant clerk", an assistant clerk of the central division of the Boston municipal court department.

"Financial obligation", any order by the court to pay any monies.

(c) When the central division of the Boston municipal court imposes on a defendant a financial obligation, the clerk of the court shall immediately place a bail lien in an amount not to exceed $200 on any bail posted by or on behalf of the defendant. The clerk shall not thereafter return any bail to the defendant or the person who posted the bail on behalf of the defendant until: (i) the financial obligation has been fully satisfied; or (ii) the matter has been terminated and the court has discharged the defendant. Except by order of the court, a matter shall not be considered terminated until all financial obligations imposed on the defendant have been satisfied. Persons authorized to admit a defendant to bail shall inform the defendant or the person posting bail on behalf of the defendant in a writing, which the defendant or the person posting bail on behalf of the defendant shall read and sign, that, in the event the court imposes a financial obligation on the defendant, a bail lien shall be placed on any bail posted by the defendant or on behalf of the defendant.

(d) The clerk of the court may discharge a bail lien, in whole or in part, by issuing on a bail lien discharge form that he shall approve. The clerk shall not discharge a bail lien unless he is presented with an itemized list of the financial obligations previously imposed on the defendant, which the defendant has certified, and written receipts demonstrating to the satisfaction of the clerk that all the listed obligations have been fulfilled. If the clerk of the court approves the bail lien discharge, the original discharge shall be placed in the case file.

The clerk shall maintain a bail discharge docket. The clerk or an assistant clerk shall file in the docket a copy of every bail lien discharge the clerk approves. The bail discharge docket may be maintained in printed book form or by electronic means and may be made available for public inspection on the internet.

(e) The clerk shall, not later than February 1, 2005 and every 3 months thereafter, cause to be filed with the house and senate committees on ways and means and the joint committee on the judiciary a report on the effectiveness of the pilot program including but not limited to: (i) the name of each defendant from whom the court received payment to satisfy a bail lien; (ii) the amount of bail imposed on that defendant; (iii) the total payments received from the defendant to satisfy financial obligations to the court during the pendency of the bail lien; (iv) the names of defendants who failed to satisfy a bail lien and, therefore, forfeited their bail; (v) the amount of bail forfeited and (vi) the amount of the outstanding lien against each such forfeiting defendant.

(f) Neither a justice nor the clerk shall waive, vacate, remit or reduce the financial obligations of a defendant who is incarcerated solely because of the defendant's incarcerated status.

(g) The clerk of the court shall maintain a separate interest bearing account for the receipt of bail and other monies received by the court. Interest accruing on account of funds deposited in the account shall be remitted to the state treasurer and deposited not less than once per month in the General Fund. Bail that has been ordered forfeited shall, not later than 30 days after the order of forfeiture, be remitted to the treasurer and deposited in the General Fund.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
394. In order to enhance care for individuals, families, and communities in need of substance abuse prevention, treatment and supportive services, the secretary of health and human services shall develop a policy for substance abuse services and submit a report relative to the state of alcohol and other drug addiction, prevention and treatment services in the commonwealth. The report shall include, but not be limited to, identification of all alcohol and drug addiction, prevention and treatment services currently available across all state agencies and departments, including services for incarcerated individuals and individuals released from prisons and jails, the availability and accessibility of services, the status of a continuum of care for seamless transition for recovery, the availability and coordination of services for people with mental health and addiction disorders, the availability of services for culturally competent and culturally specific populations, the reimbursement of substance abuse recovery and treatment services, so as to reflect the reasonable cost of delivering care to individuals in the most appropriate, least restrictive settings, and the viability of third party insurance payors that will ensure that services paid for by state and federal funds remain the payor of last resort for the uninsured. The secretary shall solicit input from the public, including from individuals and families in recovery, organizations representing individuals in recovery, prevention and treatment service providers, and provider organizations. The report shall also detail all substance abuse spending by all the various agencies of the commonwealth, including but not limited to, payroll, contracts, testing, supplies, treatment and services and shall include recommendations for maximizing federal reimbursements from the Substance Abuse Prevention and Treatment Block Grant and any other federal grants. The report shall include 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, to effect coordinated statewide policy and administrative structure for substance abuse prevention and treatment services. The report shall be submitted to the joint committee on health care, the joint committee on human services, the joint committee on insurance and the house and senate committees on ways and means on or before February 1, 2005.

The Governor disapproved this section.
SECTION
395. Notwithstanding any general or special law to the contrary, the provisions of section 9B of chapter 118E of the General Laws shall not apply during fiscal year 2005; provided, further, the executive office of health and human services shall submit a report on the long-term solvency of the Children's and Seniors Heath Care Assistance Fund; provided, that this report shall make recommendations on possible methods to ensure the long-term compliance of this fund with section 9B of chapter 118E of the General Laws; provided further, that the report shall include, but not be limited to, an analysis of the appropriateness of creating and dedicating new or existing revenue sources to the fund, implementing eligibility reductions, cost sharing increases, and other changes to the MassHealth program to maintain budget neutrality as provided in section 9B of chapter 118E of the General Laws. The secretary shall submit a report with recommendations to the house and senate committees on ways and means and the joint committee on health care on or before December 1, 2004.

The Governor disapproved this section.
SECTION
396. Notwithstanding any general or special law, rule or regulation to the contrary, the division of inspection and the secretary for administration and finance shall amend regulations to reflect the following changes in fees: (a) fees for annual elevator inspections shall be at least $400 per inspection, and (b) fees for overtime elevator inspection, defined as inspections taking place after 5:00 p.m. or during weekend hours, shall be at least $500 in total per inspection. The regulations shall also be amended to provide that the inspection fee for residential elevators and wheelchair lifts that are determined to be medically necessary shall be: (a) $100 per inspection, and (b) $125 in total for overtime inspections, defined as inspections taking place after 5:00 p.m. or during weekend hours.

SECTION 397. Notwithstanding any general or special law to the contrary, any member of the teachers' retirement system or any teacher who is a member of the State-Boston retirement system who filed an election form to participate in the alternative superannuation retirement benefit program under clause (i) of subsection (4) of section 5 of chapter 32 of the General Laws prior to July 1, 2001 with an officer of the city, town or school district in which such teacher was employed may elect to participate in the alternative superannuation retirement benefit program by filing an application with the state teachers' retirement board or the State-Boston retirement board, no later than October 1, 2004, on such form as the state teachers' retirement board or the State-Boston retirement board shall prescribe, with a certificate of the officer of the city, town or school district confirming that the member had filed an election form under said clause (i) of said subsection (4) of section 5 of chapter 32, prior to July 1, 2001. The election to participate in the alternative superannuation retirement benefit program shall be irrevocable and shall be subject to clause (i) of said subsection (4) of section 5 of chapter 32.

SECTION 398. Notwithstanding any general or special law to the contrary any funds remaining with the city of Boston in account number 201-13196N-1997 of deeds excise tax revenue section 12 of chapter 64D of the General Laws, shall immediately be transferred to item 0540-2001 and the funds shall be expended on or before June 30, 2005.

The Governor disapproved this section.
SECTION
399. Notwithstanding any general or special law to the contrary, the secretary of administration and finance shall increase licensing fees for wholesalers, vending machine operators and retailers as defined in section 1 of chapter 64C of the General Laws to a level that will generate revenues to an amount not less than $3,750,000.

SECTION 400. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall not charge any additional fare between Lechmere, Science Park and North Station for shuttle bus service in connection with the green line construction project, which would amount to a total fare exceeding the fare that would otherwise be charged for green line subway service, and the Massachusetts Bay Transportation Authority shall make transfers available to ensure that passengers are not charged twice for such shuttle bus service connecting to green line subway service.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
401. The position of town treasurer and town collector in the town of Pembroke shall be combined and the combined position shall be appointed by the board of selectmen of the town for a term not to exceed 3 years and the person so appointed shall have all of the powers and duties by law vested in the office of the town treasurer and town collector. Any vacancy in such office shall be filled in like manner. The board of selectmen may remove any person so appointed for cause after a hearing.

Notwithstanding the foregoing, the incumbent holding the offices of town treasurer and town collector on the effective date of this act shall continue to hold such offices and to perform the duties thereof until the expiration of the terms for which she was elected, unless she sooner vacates such offices. After the term of the incumbent town treasurer and town collector holding such offices on the effective date of this act have both expired, or both offices are sooner vacated, the board of selectmen shall appoint a treasurer/collector in the manner set forth above. Should the incumbent town treasurer remain in office, upon the expiration of her term in 2005, the board of selectmen will appoint her interim town treasurer until her term as collector expires in 2006. The board of selectmen may appoint a treasurer/collector as described above.

Notwithstanding chapter 32 of the General Laws, section 116 of chapter 46 of the acts of 2003 or any other general or special law to the contrary, the incumbent treasurer and collector on the effective date of this section shall be eligible for retirement under section 116 of chapter 46 of the acts of 2003, provided however, that said incumbent must file an application for retirement by a date to be determined by the board of selectmen, such date to be not later than September 6, 2004, and provided further that notwithstanding section 5 of chapter 32, requiring a retirement date within 4 months of filing of an application for superannuation retirement, the board of selectmen may determine a retirement date on or before September 6, 2004 and not later than her term ending on April 30, 2005.

SECTION 402. There is hereby established a Fernald Developmental Center land reuse committee. The committee shall include the mayor of the city of Waltham, who shall serve as chair of the committee, the ward councilor from the city of Waltham representing the ward in which the campus is located, who shall serve as vice-chair of the committee, the planning director of the city of Waltham, the commissioner of the Massachusetts department of mental retardation, a mentally retarded consumer who is a resident of Fernald, and who shall be appointed by the commissioner of mental retardation, the commissioner of the department of capital asset management and maintenance, 7 citizens of Waltham to be appointed by the mayor of the city of Waltham, of whom 4 shall be the citizens appointed to the committee during fiscal year 2004, the state representative from the ninth Middlesex house district, the state representative from the tenth Middlesex house district, and the senator from the third Middlesex senate district. The committee shall be responsible for representing the interests of the town in all negotiations with the division of capital asset maintenance and management and the department of mental retardation relative to the reuse and future development of the developmental center property. The committee shall, with the assistance of the division, develop a comprehensive reuse consensus plan for the Fernald Developmental Center state property, which shall provide a detailed description, by parcel, of how the property shall be developed upon closure of the Fernald campus. The plan shall include a description of any potential environmental degradation of the property, along with a proposal for environmental remediation, and a proposed cost for the cleanup including, but not limited to, any building demolition required on the site. The goals of the plan may include, but shall not be limited to, preservation of open space, creation of affordable housing, development of new business, the creation of recreational opportunities, the development of new community residences for the mentally retarded consumers of Fernald Center, and any other applicable community priorities. The plan may also provide for parcels of land, and specific facilities, to remain under the control of the department of mental retardation. In its deliberations, the re-use committee shall incorporate smart growth policies to the extent possible, and will be mindful of the rights of current Fernald residents, and their need for adequate and appropriate housing, clinical services and appropriate staffing provided by the department of mental retardation. The committee shall examine and consider models for the provision of these services on a section of the Fernald property. The process the committee shall follow is to be determined by a majority vote of its members and shall include a public hearing at the beginning of the process to solicit comments, ideas and re-use proposals. The committee shall develop a framework, with guidelines and parameters, as to the re-use of the property. The committee may appoint subcommittees to review particular subjects within the framework of the study, and may assign a subcommittee to produce a detailed re-use proposal. At least two-thirds of the members of the subcommittee shall be Waltham residents or officials. The subcommittee shall present the re-use proposal to the committee which shall invite the public to comment at a public hearing. The committee may amend and revise the plan in order to reach a consensus on one concept. Upon approval by the re-use committee, the plan shall be presented to the Waltham city council for approval, and, if endorsed by majority vote of the council, filed with the division of capital asset management and maintenance. The plan shall also be submitted to the chairs of the house and senate committees on ways and means, and to the house and senate chairs of the joint committee on state administration, along with copies of enabling legislation, if any, necessary to effectuate the provisions of the re-use plan. If the re-use plan provides for the conveyance of land from the state to the city of Waltham, the legislation shall provide that the price paid for such parcel be the full and fair market value of the property as determined by independent appraisal, for the uses described in the plan including, but not limited to, any restrictions or and requirements imposed by the plan. The legislation shall ensure that proceeds from any sale are first applied to repay the commonwealth for the cost of any bonds issued for environmental remediation, consulting services or other closure costs. The legislation shall also provide that any remaining proceeds be provided to the department of mental retardation for capital improvements at Fernald, at other intermediate care facilities for the mentally retarded (ICF/MRs), or at community residential settings operated by the state. The re-use committee shall meet as necessary to complete said re-use plan, as determined by a majority of the committee.

SECTION 403. Notwithstanding any general or special law to the contrary, any revenue collected pursuant to the assignment of lottery prizes shall be deposited into the Stabilization Fund.

SECTION 404. Notwithstanding section 28 of chapter 10 of the General Laws, the right to assign prize payments under subsection (4) of said section 28 of said chapter 10, shall be suspended upon: (i) the issuance by the United States Internal Revenue Service, hereinafter referred to as the "Service", of a revenue ruling or other public ruling of the Service, which rules that, based upon the right of assignment provided in said subsection (4) of said section 28 of said chapter 10, Massachusetts lottery prizewinners who do not assign any prize payments would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid, or (ii) the issuance by a court of competent jurisdiction of a published decision holding that, based upon the right of assignment provided in subsection (4) of said section 28 of said chapter 10, a lottery prizewinner who does not assign any prize payments under the subsection would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid.

Upon receipt of a ruling or a proposed ruling from the Service or a published decision of a court of competent jurisdiction, as described in this section, the director of the state lottery shall immediately file a copy of that ruling or published decision with the state secretary, and the clerks of the house of representatives and of the senate. Immediately upon the filing by the director of a letter, ruling, or published decision with the state secretary, a prizewinner shall be ineligible to execute assignment of a prize under subsection (4) of said section 28 of said chapter 10.

SECTION 405. Notwithstanding any general or special law to the contrary, no later than July 15, 2004, the Massachusetts Technology Collaborative shall transfer $17,000,000 to the General Fund from the Renewable Energy Trust Fund established pursuant to section 4E of chapter 40J of the General Laws. If said transfer does not occur by said date, any funds authorized for expenditure, transfer or allocation from any item of appropriation in sections 2, 2B or 2D of this act for said collaborative shall not be expended, transferred or allocated. Said transfer shall be in accordance with the provisions of subsection (l) of section 4E of chapter 40J of the General Laws, except that (i) there shall be no conditions precedent to said transfer, (ii) the condition precedent described in said subsection (l) shall be a condition subsequent to said transfer and (iii) the aggregate payments on account of the green power premium in any one fiscal year under all contracts entered into pursuant to the agreement described in said subsection (l) shall not exceed five million dollars. Said transfer shall be in lieu of the transfers from said Renewable Energy Trust Fund contemplated pursuant to section 69 of chapter 4 of the acts of 2003 and pursuant to said subsection (l). All municipal electric departments, public instrumentalities and other governmental entities in the commonwealth are hereby authorized to purchase electricity from the commonwealth or its designee pursuant to the terms of the agreement entered into between the Massachusetts technology park corporation and the commonwealth pursuant to said subsection (l) and to purchase electricity or certificates as described in said subsection (l) from said corporation or its designee, and said corporation is hereby authorized to undertake such sales to any entity in the commonwealth.

SECTION 406. Notwithstanding the provisions of 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 said 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.

SECTION 407. Notwithstanding any general or special law or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $90,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for title XIX payments to the Quincy Medical Center. 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 such funds shall be expended unless the Quincy Medical Center has executed the division of medical assistance's current Acute Hospital Request for Applications and Contract, and the City of Quincy makes an intergovernmental funds transfer in the amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. No such funds shall be expended by Quincy Medical Center unless the Quincy Medical Center repays in full the entire state loan due pursuant to chapter 101 of the acts of 1999, as amended by chapter 47 of the acts of 2003; provided however, that of the amount repaid in full to the state pursuant to chapter 101 of the acts of 1999, as amended by chapter 47 of the acts of 2003, not less than $2,662,000 shall be dedicated for a payment to a municipality in Essex county to defray debt resulting from the operation of a former municipally-owned hospital. 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 paragraph (o) of section 18 of chapter 118G of the General Laws.

The Governor disapproved this section.
SECTION
408. Notwithstanding any general or special law or regulation to the contrary, the secretary of health and human services shall seek any necessary federal waivers or regulation changes and develop a pilot program within the MassHealth primary care clinician plan for up to 25,000 disabled managed-care eligible MassHealth members. Said program shall be contracted by an open bidding process and reimbursed to include one or more Medicaid managed care organizations by the executive office at a predetermined capitated rate for each such enrolled MassHealth member. Such pilot program shall include the provision of primary care and pharmacy benefits through community health centers, hospital-licensed community health centers, and community health centers affiliated with disproportionate share hospitals. No later than 60 days prior to the implementation of said pilot program, the division of medical assistance shall notify the house and senate committees on ways and means and the secretary of administration and finance of the number of projected participants, the planned date of implementation, any expected reduction in spending resulting from the program, and the effect on the level of services available to participating members. Hospitals providing services to persons participating in the pilot program shall be required to report data on program participants, including service and billing information, to the division of health care finance and policy and to health maintenance organization managing the care of such participants. An evaluation of the quality and cost effectiveness of the pilot program, including any expected reduction in spending resulting from the provisions of this section and the effect on the level of services available to participating members and on the uncompensated care pool, shall be completed by the secretary. The results of such evaluation shall be reported by the secretary to the house and senate committees on ways and means and the secretary of administration and finance, no later than March 1, 2005.

SECTION 409. Notwithstanding any general or special law to the contrary, in fiscal year 2005, the division of health care finance and policy, herein after referred to as the division, shall establish nursing facility Medicaid rates, payable out of the Health Care Quality Improvement Trust Fund, established under section 2EEE of chapter 29 of the General Laws, effective July 1, 2004 through June 30, 2005 that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002, as mandated under section 1 of chapter 42 of the acts of 2003. The division shall adjust per diem rates to reflect any reductions in medicaid utilization. Payments from the fund shall be allocated in the following manner in fiscal year 2005:

(1) effective July 1, 2004, an annual amount of $99,000,000 in the aggregate to fund the use of 2000 base year cost information for rate determination purposes; provided, that $9,000,000 of said amount shall be expended for purposes of reimbursing nursing facilities for up to ten bed hold days for patients of the facility on medical and non-medical leaves of absence;

(2) effective July 1, 2004, an annual amount of $122,500,000 for enhanced payment rates to nursing homes;

(3) effective July 1, 2004, an annual amount of $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes. As a condition for such rate add-on, the division of health care finance and policy shall require that each nursing home document to the division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates. A facility's direct care staff shall include any and all nursing personnel including registered nurses, licensed practical nurses, and certified nurses' aides hired by the facility from any temporary nursing agency or nursing pool registered with the department of public health. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. In monitoring compliance for this rate add on, the division's regulations shall adjust any spending compliance test to reflect any Medicaid nursing facility payment reductions, including, but not limited to, rate reductions imposed on or after October 1, 2002. The expenditure of these funds shall be subject to audit by the division in consultation with the department of public health and the division of medical assistance. In implementing this section, the division shall consult with the Nursing Home Advisory Council;

(4) effective July 1, 2004, an annual amount of $17,000,000 to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by 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 and to the extent that an annual amount of $17 million in this paragraph is not fully allocated, the division shall first fund capital rate adjustments for nursing homes in urban or geographically remote under-bedded areas;

(5) $300,000 for the purposes of an audit of funds distributed pursuant to clause (3). 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 (3), including but not limited to recoupment, assessment of fines or interest. The division shall report to the house and senate committees on ways and means not later than October 1, 2005 a preliminary analysis of funds expended pursuant to said subsection in fiscal year 2005 and a description and timeline for auditing of these funds;

(6) $250,000 to fund expenses at the division of health care finance and policy related to the implementation and administration of section 25 of chapter 118G of the General Laws; and

(7) an amount sufficient to implement the provisions of section 622 of chapter 151 of the acts of 1996;

The comptroller shall transfer from the Health Care Security Trust Fund to the Health Care Quality Improvement Trust Fund on the first business day of each quarter, the amount indicated by the divisions of health care finance and policy and medical assistance to provide the appropriate rate increases to nursing homes; and provided further, that any additional funds that may become available in the Trust due to decreased medicaid utilization shall be spent on further enhanced rates, including, but not limited to, a per-diem rate add-on for large medicaid providers as specified in 114.2 CMR 6.00 (10) (a) as in effect on September 1, 2003.

The Governor disapproved this section.
The Legislature overrode the Governor's veto.

SECTION
410. There is hereby established a separate fund to be known as the Civil Process Technology Improvement Fund. There shall be credited to said fund all revenue from the transfer of 20 per cent of the funds collected and transmitted to the General Fund of the commonwealth during fiscal year 2005 pursuant to section 639 of chapter 26 of the acts of 2003, from gifts, grants, contributions from any entity public or private and any revenue derived from the investment of amounts credited to said fund. Said fund shall be used solely for a program to improve the efficiency, accessibility and accountability of the service of civil process within the commonwealth. The president of the Massachusetts Sheriff's Association, hereinafter referred to as the president shall expend, without further appropriation, all revenues credited to said fund. No expenditure from said fund shall cause said fund to be in deficiency at the close of a fiscal year. 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 president may incur expenses and the comptroller may certify for payment, the amounts not to exceed the lower of said 20 per cent or the most recent revenue estimate therefore as reported in the state accounting system.

The president shall develop and implement a pilot program that is designed to improve the efficiency, accessibility and accountability of the service of civil process within the commonwealth by identifying technological resources that would enable a transition from a paper based system of civil process delivery and tracking to an electronic or web based system of civil process delivery and tracking. The president shall develop and advertise a request for proposals to so develop and implement said pilot program and shall enter into a contract with the responding vendor that most closely satisfies the specifications and terms as set forth in said request. The president shall also identify civil process divisions within county or state sheriff's offices in 4 counties that are willing to participate in said pilot program and shall enter into inter-agency service agreements with said sheriff's offices using the funds authorized by this section so as to develop, implement and monitor new technological resources within the 4 counties that participate. Said inter-agency service agreements shall include provisions that authorize the president to require any county or state sheriff's office participating in said pilot program to contribute a portion of the increased fees collected and retained by said offices pursuant to said section 639, not exceeding 20 per cent of said fees, to the Civil Process Technology Improvement Fund for the pilot program if he deems that such contribution is necessary to ensure the complete success of the pilot program.

On or before August 15, 2005, the president, in collaboration and consultation with the civil process divisions within the counties participating in the pilot program, shall prepare and a file a report with the house and senate committees on ways & means detailing any efficiency, accessibility and accountability improvements made to said civil process operations as a result of the pilot program authorized by this section.

SECTION 411. Notwithstanding any general or special law to the contrary, during fiscal year 2005, the comptroller shall transfer from the Health Care Security Trust, established under chapter 29D of the General Laws, to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2005 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 2005 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws for certain health care expenditures appropriated in section 2.

SECTION 412. Not later than 10 days after the effective date of this act, the comptroller shall transfer $2,000,000 from the General Fund to the Affordable Housing Trust Fund, established by chapter 121D of the General Laws.

SECTION 413. Notwithstanding any general or special law to the contrary the commissioner of revenue shall not adjust the tax liability with respect to capital gains for the period January 1, 2002 to April 30, 2002 for any taxpayer who, before the effective date of this act, paid that liability in full for capital gains realized between January 1, 2002 and April 30, 2002, inclusive.

SECTION 414. Notwithstanding section 32 of chapter 186 of the acts of 2002 and sections 21 and 22 of chapter 364 of the acts of 2002, the following provisions of the General Laws shall be effective for tax years beginning on or after January 1, 2002:

(1) the second paragraph of subsection (m) of section 1 of chapter 62 of the General Laws, as appearing in section 2 of chapter 186 of the acts of 2002;

(2) paragraph (3) of subsection (b) of section 2 of said chapter 62, as appearing in section 6 of said chapter 186;

(3) the introductory clause, paragraph (1), paragraph (3), and paragraph (4) of subsection (c) of said section 2 of said chapter 62, as appearing in section 4 of chapter 364 of the acts of 2002;

(4) paragraph (2) of said subsection (c) of said section 2 of said chapter 62, as appearing in section 5 of said chapter 364;

(5) subsection (e) of said section 2 of said chapter 62, as appearing in section 7 of said chapter 364; and

(6) subsection (c) of section 4 of said chapter 62, as appearing in section 14 of chapter 186 of the acts of 2002.

SECTION 415. Sections 1, 3, 4, and 5 of chapter 15D of the General Laws, inserted by section 35, shall take effect on March 1, 2005.

SECTION 416. Section 2 of said chapter 15D, inserted by section 35, and sections 28 and 29 of this act shall take effect on July 1, 2005.

SECTION 417. Sections 27, and 149 to 152, inclusive, of this act shall expire on January 15, 2007, at which time the comptroller shall transfer any remaining balance in the trust to the General Fund.

SECTION 418. Sections 68 and 69 of this act shall take effect on July 1, 2005.

SECTION 419. On or before July 1, 2005, the board of registration of real estate brokers and salesmen shall promulgate regulations necessary to carry out section 156.

SECTION 420. Section 156 shall become effective on July 1, 2005.

SECTION 421. Section 164 shall take effect on October 1, 2004.

SECTION 422. The comptroller shall transfer any funds remaining in the Debt Defeasance Trust to the General Fund not later than June 30, 2005.

SECTION 422A. Section 339 shall take effect on September 1, 2004.

SECTION 423. Section 339 is hereby repealed.

The Governor returned with recommendation of amendment
SECTION
424. Section 339 shall take effect on June 30, 2006.

SECTION 425. Section 393 shall take effect on August 1, 2004.

The Governor disapproved this section.
SECTION
426. Section 393 is hereby repealed.

SECTION 427. Section 427 shall take effect on July 31, 2005.

SECTION 428. Except as otherwise specified, this act shall take effect on July 1, 2004.

Approved June 25, 2004