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Session Law

2005

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Chapter 45 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2006 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS.

??????????? Whereas, The deferred operation of this act would tend to defeat its purpose, which is immediately to make appropriations for the fiscal year beginning July 1, 2005, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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

??????????? SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions and other services, and for certain permanent improvements and to meet certain requirements of law, the sums set forth in sections 2, 2B, 2D and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D and 3, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof for the fiscal year ending June 30, 2006.? All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons.? All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.? Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.

Fiscal Year 2006 Revenue by Source and Budgeted Fund (in Millions)

Source

?All

?General

?Highway

?School Mod.

?MBTA

?Budgeted

?Fund

?Fund

?and Recon.?

?Funds*

?Trust

Tax Revenue

Alcoholic Beverages

???????????????? 69.6

???????????????? 69.6

??????????????????? -??

??????????????????? -??

??????????????????? -??

Cigarettes

?????????????? 400.8

?????????????? 332.1

??????????????????? -??

??????????????????? -??

??????????????????? -??

Corporations

??????????? 1,160.3

??????????? 1,160.3

??????????????????? -??

??????????????????? -??

??????????????????? -??

Deeds

?????????????? 161.9

?????????????? 161.9

??????????????????? -??

??????????????????? -??

??????????????????? -??

Estate

?????????????? 220.9

?????????????? 220.9

??????????????????? -??

??????????????????? -??

??????????????????? -??

Financial Institutions

?????????????? 210.3

?????????????? 210.3

??????????????????? -??

??????????????????? -??

??????????????????? -??

Income

??????????? 9,527.9

??????????? 9,527.9

??????????????????? -??

??????????????????? -??

??????????????????? -??

Insurance

?????????????? 412.1

?????????????? 412.1

??????????????????? -??

??????????????????? -??

??????????????????? -??

Motor Fuels

?????????????? 708.3

?????????????? 101.6

?????????????? 605.8

??????????????????? -??

??????????????????? -??

Public Utilities

???????????????? 59.9

???????????????? 59.9

??????????????????? -??

??????????????????? -??

??????????????????? -??

Room Occupancy

?????????????? 105.3

???????????????? 68.4

??????????????????? -??

??????????????????? -??

??????????????????? -??

Sales-Regular

??????????? 2,830.5

??????????? 1,845.3

??????????????????? -??

?????????????? 400.8

?????????????? 584.4

Sales-Meals

?????????????? 585.4

?????????????? 585.4

??????????????????? -??

??????????????????? -??

??????????????????? -??

Sales-Motor Vehicles

?????????????? 621.0

?????????????? 404.9

??????????????????? -??

???????????????? 87.9

?????????????? 128.2

Miscellaneous

?????????????????? 4.2

?????????????????? 4.2

??????????????????? -??

??????????????????? -??

??????????????????? -??

UI Surcharges

???????????????? 21.5

??????????????????? -??

??????????????????? -??

??????????????????? -??

??????????????????? -??

Total Taxes

??????? 17,100.0

??????? 15,164.9

???????? 605.767

???????????? 488.7

???????????? 712.6

Anticipated changes to tax laws

?????????????? 105.0

?????????????? 105.0

??????????????????? -??

??????????????????? -??

??????????????????? -??

Enhanced audits

???????????????? 78.0

???????????????? 78.0

Total Changes

???????????? 183.0

???????????? 183.0

??????????????????? -??

??????????????????? -??

??????????????????? -??

?Total Taxes

??????? 17,283.0

??????? 15,347.9

???????????? 605.8

???????????? 488.7

???????????? 712.6

?SBAB Transfer

??????????? (488.7)

??????????? (488.7)

?MBTA Transfer

??????????? (712.6)

??????????? (712.6)

?Pension Transfer

??????? (1,274.7)

??????? (1,274.7)

??????????????????? -??

??????????????????? -??

??????????????????? -??

?Total Taxes for Budget

??????? 14,807.0

??????? 14,073.2

???????????? 605.8

??????????????????? -??

??????????????????? -??

Non-Tax Revenue

Federal Reimbursements

??????????? 5,263.0

??????????? 4,933.4

???????????????? 3.6

??????????????????? -??

??????????????????? -??

Departmental Revenues

??????????? 1,969.2

??????????? 1,489.4

???????????? 444.2

??????????????????? -??

??????????????????? -??

Consolidated Transfers

??????????? 1,394.6

??????????? 2,100.3

?????????????? (0.3)

??????????????????? -??

??????????????????? -??

GRAND TOTAL REVENUE FOR BUDGET

??????? 23,433.8

??????? 22,596.3

????????? 1,053.3

??????????????????? -??

??????????????????? -??

* Includes revenue deposited into and transfers out of the Workforce Training Fund, Mass Tourism Fund, Federal Medicaid Assistance Percentage (FMAP) Fund, Inland Fish and Game Fund, and Stabilization Fund.

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

????????????????????????????????? ? Non-Tax Revenue:? Department Summary

??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax

? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax

? Source

Judiciary

Supreme Judicial Court??????????????????????????????????????????????????? $2,500,479??????????????????????????? $0?????????????????? $2,500,479

Committee for Public Counsel?????????????????????????????????????????????? $35,000??????????????????? $750,000???????????????????? $785,000

Appeals Court?????????????????????????????????????????????????????????????? $434,503??????????????????????????? $0???????????????????? $434,503

Trial Court?????????????????????????????????????????????????????????????? $73,913,900??????????????? $37,000,000??????????????? $110,913,900

??????????????????????????????????????????????? TOTALS :???????????????? $76,883,882??????????????? $37,750,000??????????????? $114,633,882

District Attorneys

Northern District Attorney??????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Northwestern District Attorney?????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Eastern District Attorney????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Middle District Attorney?????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Plymouth District Attorney??????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Hampden District Attorney??????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

??????????????????????????????????????????????? TOTALS :?????????????????????????? ($1)??????????????????????????? $0?????????????????????????? ($1)

Office of the Governor

Office of the Governor???????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Office of the Secretary of State

Secretary of State????????????????????????????????????????????????????? $200,309,224??????????????????? $105,000??????????????? $200,414,224

??????????????????????????????????????????????? TOTALS :??????????????? $200,309,224??????????????????? $105,000??????????????? $200,414,224

Office of the State Treasurer

State Lottery Commission?????????????????????????????????????????????? $1,408,690??????????????????????????? $0?????????????????? $1,408,690

Treasurer's Office????????????????????????????????????????????????????? $300,598,069??????????????????????????? $0??????????????? $300,598,069

State Lottery Commission??????????????????????????????????????????? $297,047,204?????????????? $765,031,181???????????? $1,062,078,385

Mass Cultural Council???????????????????????????????????????????????????? $8,900,000??????????????????????????? $0?????????????????? $8,900,000

??????????????????????????????????????????????? TOTALS :??????????????? $607,953,963?????????????? $765,031,181???????????? $1,372,985,144


??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax

? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax

? Source

State Auditor's Office

State Auditor's Office?????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Office of the Attorney General

Attorney General???????????????????????????????????????????????????????? $8,293,341??????????????????????????? $0?????????????????? $8,293,341

Victim Witness Assistance????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

??????????????????????????????????????????????? TOTALS :?????????????????? $8,293,341??????????????????????????? $0?????????????????? $8,293,341

Ethics Commission

Ethics Commission?????????????????????????????????????????????????????????? $31,100??????????????????????????? $0????????????????????? $31,100

??????????????????????????????????????????????? TOTALS :????????????????????? $31,100??????????????????????????? $0????????????????????? $31,100

Office of the Inspector General

Inspector General??????????????????????????????????????????????????????????????????? $0??????????????????? $493,819???????????????????? $493,819

??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????? $493,819???????????????????? $493,819

Campaign & Political Finance

Campaign & Political Finance?????????????????????????????????????????????? $48,000??????????????????????????? $0????????????????????? $48,000

??????????????????????????????????????????????? TOTALS :????????????????????? $48,000??????????????????????????? $0????????????????????? $48,000

Office of the State Comptroller

Comptroller's Office??????????????????????????????????????????????????? $74,481,598??????????????????? $750,000???????????????? $75,231,598

??????????????????????????????????????????????? TOTALS :???????????????? $74,481,598??????????????????? $750,000???????????????? $75,231,598

Executive Office: Administration & Finance

Secretary of Administration & ????????????????????????????????????????? $1,154,749??????????????????????????? $0?????????????????? $1,154,749

Division of Fiscal Affairs - ???????????????????????????????????????????? $61,005,229??????????????????????????? $0???????????????? $61,005,229

Fingold Library?????????????????????????????????????????????????????????????????? $868??????????????????????????? $0????????????????????????? $868

Office of Dispute Resolution?????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

DCAMM???????????????????????????????????????????????????????????????? $19,897,206??????????????? $13,940,000???????????????? $33,837,206

Group Insurance Commission???????????????????????????????????????? $198,370,342??????????????????????????? $0??????????????? $198,370,342

Division of Administrative Law ??????????????????????????????????????????? $85,000??????????????????????????? $0????????????????????? $85,000

M.C.A.D.??????????????????????????????????????????????????????????????????????? $2,000????????????????? $2,556,232?????????????????? $2,558,232


??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax

? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax

? Source

Civil Service Commission??????????????????????????????????????????????????? $26,627??????????????????????????? $0????????????????????? $26,627

Dept of Revenue?????????????????????????????????????????????????????? $207,650,359????????????????? $6,547,283??????????????? $214,197,642

Appellate Tax Board???????????????????????????????????????????????????? $1,374,810??????????????????? $300,000?????????????????? $1,674,810

Human Resources Division?????????????????????????????????????????????????? $12,000????????????????? $1,577,500?????????????????? $1,589,500

Division of Operational Services??????????????????????????????????????? $1,959,639????????????????? $1,008,000?????????????????? $2,967,639

BSOB???????????????????????????????????????????????????????????????????????? $116,401??????????????????????????? $0???????????????????? $116,401

Division of Information ?????????????????????????????????????????????????????????? $0??????????????????? $467,837???????????????????? $467,837

Veterans Affairs?????????????????????????????????????????????????????????????? $25,626??????????????????? $300,000???????????????????? $325,626

??????????????????????????????????????????????? TOTALS :??????????????? $491,680,856??????????????? $26,696,852??????????????? $518,377,708

Executive Office: Environmental Affairs

Dept of Conservation and ?????????????????????????????????????????????? $4,140,780??????????????????????????? $0?????????????????? $4,140,780

Secretary of Environmental ???????????????????????????????????????????? $1,487,600??????????????????? $375,000?????????????????? $1,862,600

Dept of Conservation and ?????????????????????????????????????????????? $6,014,748????????????????? $4,454,826???????????????? $10,469,574

Dept of Environmental ??????????????????????????????????????????????? $42,826,682????????????????? $1,200,000???????????????? $44,026,682

Fish/Wildlife Environmental ????????????????????????????????????????? $11,976,545??????????????????? $217,989???????????????? $12,194,534

Dept of Conservation and ?????????????????????????????????????????????? $4,126,276????????????????? $3,175,000?????????????????? $7,301,276

Dept of Food & Agriculture????????????????????????????????????????????? $4,369,614??????????????????????????? $0?????????????????? $4,369,614

??????????????????????????????????????????????? TOTALS :???????????????? $74,942,245????????????????? $9,422,815???????????????? $84,365,060

Executive Office: Human Services

Secretary of Human Services?????????????????????????????????????? $2,628,714,145?????????????? $291,000,000???????????? $2,919,714,145

Division of Health Care Finance?????????????????????????????????????? $12,858,837??????????????????????????? $0???????????????? $12,858,837

Mass Commission for the Blind???????????????????????????????????????? $3,279,500??????????????????????????? $0?????????????????? $3,279,500

Mass Rehabilitation Commission??????????????????????????????????????? $2,485,000????????????????? $2,000,000?????????????????? $4,485,000

Mass Commission for the Deaf??????????????????????????????????????????? $183,500??????????????????? $175,000???????????????????? $358,500

Department of Early Education and Care?????????????????????????? $196,113,189??????????????????????????? $0??????????????? $196,113,189

Chelsea Soldiers' Home????????????????????????????????????????????????? $10,594,400??????????????????? $252,500???????????????? $10,846,900

Holyoke Soldiers' Home??????????????????????????????????????????????? $12,707,159??????????????????? $393,603???????????????? $13,100,762

Dept of Youth Services?????????????????????????????????????????????????? $5,263,000??????????????????????????? $0?????????????????? $5,263,000


??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax

? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax

? Source

Dept of Transitional Assistance????????????????????????????????????? $413,030,310????????????????? $3,000,000??????????????? $416,030,310

Dept of Public Health?????????????????????????????????????????????????? $83,886,337??????????????? $57,089,421??????????????? $140,975,758

Dept of Social Services??????????????????????????????????????????????? $236,962,578????????????????? $3,000,000??????????????? $239,962,578

Dept of Youth Services???????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Dept of Mental Health??????????????????????????????????????????????? $100,016,456????????????????? $4,625,000??????????????? $104,641,456

Dept of Mental Retardation????????????????????????????????????????? $423,171,315??????????????????? $100,000??????????????? $423,271,315

??????????????????????????????????????????????? TOTALS :???????????? $4,129,265,726?????????????? $361,635,524???????????? $4,490,901,250

Executive Office: Transportation

Secretary of Transportation?????????????????????????????????????????????? $682,331???????????????????? $27,344???????????????????? $709,675

Mass Aeronautics Commission???????????????????????????????????????????? $426,636??????????????????????????? $0???????????????????? $426,636

Mass Highway???????????????????????????????????????????????????????????? $7,370,375????????????????? $7,000,000???????????????? $14,370,375

Registry of Motor Vehicles?????????????????????????????????????????? $430,371,700??????????????? $10,000,000??????????????? $440,371,700

??????????????????????????????????????????????? TOTALS :??????????????? $438,851,042??????????????? $17,027,344??????????????? $455,878,386

Board of Library Commissioners

Board of Library Commissioners???????????????????????????????????????????? $1,500??????????????????????????? $0??????????????????????? $1,500

??????????????????????????????????????????????? TOTALS :??????????????????????? $1,500??????????????????????????? $0??????????????????????? $1,500

Labor, Education and Development

Office of Director of Labor????????????????????????????????????????????? $1,721,274??????????????????? $152,850?????????????????? $1,874,124

Dept of Industrial Accidents??????????????????????????????????????????? $19,797,346??????????????????????????? $0???????????????? $19,797,346

Labor Relations Commission??????????????????????????????????????????????????? $250??????????????????????????? $0????????????????????????? $250

Board of Concilliation & ??????????????????????????????????????????????????? $85,000??????????????????????????? $0????????????????????? $85,000

Office of Communities and ????????????????????????????????????????????? $2,584,560????????????????? $1,500,000?????????????????? $4,084,560

Director of Consumer Affairs ???????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Secretary of Economic Affiars??????????????????????????????????????????????? $3,000??????????????????????????? $0??????????????????????? $3,000

Division of Banks?????????????????????????????????????????????????????? $14,308,605??????????????????????????? $0???????????????? $14,308,605

Division of Insurance?????????????????????????????????????????????????? $67,301,353??????????????????????????? $0???????????????? $67,301,353

Division of Registration??????????????????????????????????????????????? $13,296,290??????????????????????????? $6???????????????? $13,296,296

Division of Standards???????????????????????????????????????????????????? $1,286,325??????????????????? $929,100?????????????????? $2,215,425


??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax

? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax

? Source

Dept of Public Utilities???????????????????????????????????????????????? $15,093,388???????????????????? $75,000???????????????? $15,168,388

Alcohol Beverages Control ????????????????????????????????????????????? $3,628,580??????????????????????????? $0?????????????????? $3,628,580

State Racing Commission??????????????????????????????????????????????? $4,640,351??????????????????????????? $0?????????????????? $4,640,351

Division of Energy Resources??????????????????????????????????????????? $1,570,542??????????????????????????? $0?????????????????? $1,570,542

Department of Education??????????????????????????????????????????????? $9,245,500??????????????????????????? $0?????????????????? $9,245,500

Higher Education??????????????????????????????????????????????????????? $30,619,855??????????????????? $529,843???????????????? $31,149,698

University of Massachusetts??????????????????????????????????????????? $53,016,977??????????????????????????? $0???????????????? $53,016,977

??????????????????????????????????????????????? TOTALS :??????????????? $238,199,195????????????????? $3,186,799??????????????? $241,385,994

Executive Office of Public Safety

Secretary of Public Safety????????????????????????????????????????????????????????? $0??????????????????? $368,000???????????????????? $368,000

Chief Medical Examiner??????????????????????????????????????????????????? $122,000????????????????? $1,000,000?????????????????? $1,122,000

Criminal History Systems Board???????????????????????????????????????? $4,969,845??????????????????? $185,000?????????????????? $5,154,845

Dept of State Police??????????????????????????????????????????????????????? $565,000??????????????? $18,250,000???????????????? $18,815,000

Criminal Justice Training Council????????????????????????????????????????????????? $0????????????????? $1,363,500?????????????????? $1,363,500

Dept of Public Safety?????????????????????????????????????????????????? $16,829,740????????????????? $1,780,000???????????????? $18,609,740

Dept of Fire Services??????????????????????????????????????????????????????? $106,208??????????????????????????? $0???????????????????? $106,208

Merit Rating Board?????????????????????????????????????????????????????????? $36,000??????????????????????????? $0????????????????????? $36,000

Sex Offender Registry Board??????????????????????????????????????????????????? $280??????????????????? $750,000???????????????????? $750,280

Military Division?????????????????????????????????????????????????????????????? $1,000??????????????????? $400,000???????????????????? $401,000

Emergency Management ????????????????????????????????????????????????? $823,684??????????????????????????? $0???????????????????? $823,684

Dept of Corrections???????????????????????????????????????????????????? $11,569,521????????????????? $5,600,000???????????????? $17,169,521

Sheriff's Department Franklin?????????????????????????????????????????????? $69,842????????????????? $1,400,000?????????????????? $1,469,842

Sheriff's Department Berkshire????????????????????????????????????????????? $29,284??????????????????????????? $0????????????????????? $29,284

Sheriff's Department Berkshire??????????????????????????????????????????????????? $0??????????????????? $150,000???????????????????? $150,000

Sheriff's Department Essex???????????????????????????????????????????????? $708,400????????????????? $2,000,000?????????????????? $2,708,400

Sheriff's Department Hampden??????????????????????????????????????????? $346,323????????????????? $1,030,000?????????????????? $1,376,323

Sheriff's Department Middlesex??????????????????????????????????????????? $202,400??????????????????? $925,000?????????????????? $1,127,400

Sheriff's Department Hampshire?????????????????????????????????????????? $187,750??????????????????? $163,000???????????????????? $350,750

Sheriff's Department Worcester?????????????????????????????????????????? $160,800??????????????????????????? $0???????????????????? $160,800


??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax

? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax

? Source

Parole Board??????????????????????????????????????????????????????????????????? $4,000??????????????????? $600,000???????????????????? $604,000

Sheriff's Department ?????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

??????????????????????????????????????????????? TOTALS :???????????????? $36,732,077??????????????? $35,964,500???????????????? $72,696,577

Executive Office of Elder Affairs

Secretary of Elder Affairs???????????????????????????????????????????? $991,013,965??????????????????????????? $0??????????????? $991,013,965

??????????????????????????????????????????????? TOTALS :??????????????? $991,013,965??????????????????????????? $0??????????????? $991,013,965

Legislature

House of Representatives?????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Joint Legislative???????????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Senate???????????????????????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????????????? $0???????????????????????????? $0

Total Non-Tax Revenue :????????????????????????????????????????? $7,368,687,716??????????? $1,258,063,834??????????? $8,626,751,550

SECTION 2. JUDICIARY.

Supreme Judicial Court.

0320-0003
For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices............$6,644,733

0320-0010
For the operation of the clerk's office of the supreme judicial court for Suffolk County ................$1,094,075

0321-0001
For the operation of the commission on judicial conduct .............................................................$538,187

0321-0100
For the services of the board of bar examiners ........................................................$1,056,470

Committee for Public Counsel Services.

0321-1500
For the operation of the committee for public counsel services as authorized by chapter 211D of the General Laws; provided, that the committee shall submit a report to the clerks of the house of representatives and senate, not later than January 31, 2006 that shall include, but not be limited to the following: (a) the number of clients assisted by the committee in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population, and cost; (c) the total number of persons who received legal services by the committee, by type of case and geographic location; (d) the costs for services rendered per client, by type of case and geographic location; (e) the amount paid, if any, to the committee by clients for services rendered by type of case and geographic location; (f) the average cost for services rendered by the committee by type of case; (g) the average number of hours spent per attorney or staff per type of case.............................$16,275,695

0321-1505
For additional costs of the public defender division; provided, that no funds from this appropriation shall support existing costs associated with line item 0321-1500; provided further, that the committee shall submit a report to the house and senate committees on ways and means not later than January 31, 2006 on the efficiencies gained from the additional resources provided in this item; provided further, that the report shall include, but not be limited to the following: (1) the number of assignment of counsel that this appropriation has shifted from private bar advocates to the public defender division since the effective date of this act, (2) the savings the commonwealth has realized from this appropriation since the effective date of this act, and (3) number of public defender positions filled and the location of the Sexually Dangerous Persons office.............$657,436

0321-1510
For compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D; provided, that not more than $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2006; and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year 2005................................................................$95,146,675

0321-1518
The chief counsel for the committee for public services may expend an amount not to exceed $750,000 from revenues collected from fees charged for attorney representation of indigent clients; provided, however, that said revenues credited to this account shall only be those revenues in excess of the amounts for the fees collected in fiscal year 2005 as calculated on a monthly basis...................................................................$750,000

0321-1520
For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $500,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2006....................................$7,460,513

0321-1600
For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that notwithstanding section 9 of chapter 221A of the General Laws, $1,204,604 shall be expended for the disability benefits project, $544,286 shall be expended for the Medicare Advocacy Project, and $2,490,993 shall be expended for the Battered Women's Legal Assistance Project; provided further, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 30, 2006 that shall include, but not be limited to the following: (a) the number of persons whom the programs funded by the corporation assisted in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population, and cost; and (c) the total number of indigent or otherwise disadvantaged residents of the commonwealth who received services of the corporation, by type of case and geographic location; and provided further, that the corporation may contract with any organization for the purpose of providing the representation...........................$8,564,142

0321-2000
For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, as provided in section 34E of chapter 221 of the General Laws.....................................................$585,905

0321-2100
For the Massachusetts correctional legal services committee.......................................................$750,000

0321-2205
For the expenses of the social law library located in Suffolk county.............................................$1,829,671

Appeals Court.

0322-0100
For the appeals court, including the salaries, traveling allowances and expenses of the chief justice, recall judges and the associate justices......................................$9,433,517

Trial Court.

0330-0101
For the salaries of the justices of the superior court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer.............$9,271,389

0330-0102
For the salaries of the justices of the district court department of the trial court...........................$18,509,673

0330-0103
For the salaries of the justices of the probate and family court department of the trial court..........$5,778,489

0330-0104
For the salaries of the justices of the land court department of the trial court................................$684,005

0330-0105
For the salaries of the justices of the Boston municipal court.......................................................$3,049,701

0330-0106
For the salaries of the justices of the housing court department of the trial court...........................$1,132,492

0330-0107
For the salaries of the justices of the juvenile court department of the trial court...........................$4,629,031

0330-0300
For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreement, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rental and leases, operation of courthouse facilities, witness fees, printing expenses, equipment maintenance and repairs, court interpreter program, and insurance and chargeback costs; provided, that funds may be expended for the judicial training institute; provided further, that the chief justice for administration and management shall expend funds for the purposes of acquiring, through a lease agreement, suitable space? in the town of Belchertown for the district court of eastern Hampshire by June 15, 2006; provided further, that funds from this item or any other item shall not be expended for the cost associated with the district court of eastern Hampshire, unless said division is located in the town of Belchertown as of said date; provide further, notwithstanding any general or special law to the contrary, all criminal and civil business within the eastern Hampshire district court jurisdiction shall be conducted in the town of Belchertown as of said date; provided further, that said chief justice shall submit a report to the house and senate committees on ways and means not later than September 17, 2005 detailing the status of said lease agreement; provided further, that 50 per cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that notwithstanding section 9A of chapter 30, or any general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any veteran, as so defined, who holds a trial court office or position in the service of the commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed term or an office or position under section 7 of chapter 30, and who (1) has held the office or position for not less than 1 year and (2) has 30 years of total creditable service to the commonwealth, as defined in chapter 32; provided further, that not less than $100,000 shall be expended for the implementation of a changing lives through literature program; provided further, that not less than $100,000 shall be expended from this item for a contract with Massachusetts General Hospital for a research program on abused children; provided further, that the chief justice for administration and management of the trial court shall make a report to the general court relative to the annual cost of maintaining the court system's electronic equipment and systems and identify means to reduce the costs; provided further, that the report shall include, but not be limited to the following: an analysis of current equipment maintenance service contracts, a review of alternative equipment maintenance programs which, if implemented, would result in cost savings, better management of the equipment repair process, and enhanced equipment protection; provided further that in preparing the report the chief justice for administration and management may utilize the services of appropriate third parties knowledgeable in equipment service contracts; provided further, that the chief justice for administration and management shall file the report with the house and senate committees on ways and means on or before October 1, 2005; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that the report shall include, but not be limited to, the number of cases in which the assessment was reduced or waived by a judge or clerk-magistrate within the courts; provided further, that the report shall be submitted to the victim and witness assistance board on or before January 14, 2006; and provided further, that not less than $9,522,318? shall be expended for the rental of county court facilities, in accordance with section 4 of chapter 29A of the General Laws; and provided further, that all county facilities shall be reimbursed at 100 per cent from this item in fiscal year 2006......................................$114,794,156

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

0330-0410
For alternative dispute resolution services for the trial court; provided, that the services shall be made available to the extent possible in connection with child care, protection and custody proceedings in juvenile and probate courts; provided further, that not less than $25,863 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield; provided further, that not less than $29,558 shall be expended for Berkshire Mediation Services Inc.; provided further that not less than $44,337 shall be expended for North Central Court Services, Inc.; provided further, that not less than $40,000 shall be expended for the North Shore Community Mediation Program in Salem; provided further, that not less than $48,032 shall be expended for Metropolitan Mediation Services; provided further, that not less than $62,811 shall be expended for Mediation Works, Inc; provided further, that not less than $50,000 shall be expended for Quabbin Mediation in Athol; provided further, that not less than $50,000 shall be expended for the Mediation and Training Collaborative of Franklin County in Greenfield; provided further, that not less than $50,000 shall be expended for Framingham Court Mediation Services; provided further, that not less than $50,000 shall be expended for the Cape Cod Dispute Resolution Center; provided further, that not less than $50,000 shall be expended for the Community Dispute Settlement Center, Inc., of Cambridge; provided further, that not less than $50,000 shall be expended for the Greater Brockton Center for Dispute Resolution; provided further, that not less than $48,031 shall be expended for the Somerville Mediation Program; provided further, that not less than $48,032 shall be expended for the Middlesex Multi-door Court House Program; and provided further, that not less than $30,000 shall be expended for the Martha's Vineyard Mediation Program; and provided further, that not less than $42,737 shall be expended for Dispute Resolution Services, Inc.? in the city of Springfield; and provided further, that not less than $50,000 shall be expended for Community Mediation of Worcester...................$842,737

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

0330-3200
For the court security program, including personnel and expenses; provided, that the chief justice for administration and management shall submit a report to the house and senate committees on ways and means not later than January 31, 2006, detailing the number of court officers and security personnel located in each trial court of the commonwealth.................$54,610,296

0330-3333
The chief justice for administration and management may expend an amount not to exceed $17,000,000 from fees charged and collected pursuant to section 3 of chapter 90C, chapter 185, section 22 of chapter 218 and sections 2, 4A, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that the chief justice shall only expend or allocate funds from this item to the 7 departments of the trial court for the operation of the departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days before the expenditures or allocations are made; provided further, that the only revenue available for expenditure in this item for fiscal year 2006 shall be revenue collected from the fees in excess of the amount collected and deposited into the General Fund in fiscal year 2003 from the fees; provided further, that no allocation shall occur until the schedules have been approved by the committees; provided further, that the fees shall continue to be transmitted to the treasurer for deposit into the General Fund before the expenditure authorized by this item; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of one half of this authorization or the most recent revenue estimate therefor as reported in the state accounting system.....................................................$17,000,000

0330-3334
The chief justice for administration and management may expend an amount not to exceed $20,000,000 from fees charged and collected pursuant to section 87A of chapter 276 of the General Laws; provided, that the chief justice shall expend or allocate funds from this item only to the district court and Boston Municipal Court departments of the trial court for the operation of those departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days before the expenditures or allocations are made; provided however, that the chief justice shall allocate or expend the funds authorized in this item in a manner that accounts for the individual district court's compliance with section 13 of chapter 300 of the acts of 2002; and provided further, that the fees shall continue to be transmitted to the treasurer for deposit into the General Fund before the expenditure authorized by this item................................$20,000,000

Superior Court Department.

0331-0100
For the administrative office of the superior court department...................................$6,248,393

0331-0300
For medical malpractice tribunals established in accordance with the provisions of section 60B of chapter 231 of the General Laws.....................$59,323

0331-2100
For the Barnstable superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.....................................$716,338

0331-2200
For the Berkshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.............................................$201,536

0331-2300
For the Bristol superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.....................................$858,760

0331-2400
For the Dukes superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping......................................$160,515

0331-2500
For the Essex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........................................$1,447,990

0331-2600
For the Franklin superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping..................................$299,747

0331-2700
For the Hampden superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.......................................$1,288,286

0331-2800
For the Hampshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping..........................................$310,264

0331-2900
For the Middlesex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping......................................$3,232,440

0331-3000
For the Nantucket superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........................................$135,265

0331-3100
For the Norfolk superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.............................................$1,186,622

0331-3200
For the Plymouth superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.......................................$1,087,829

0331-3300
For the Suffolk superior civil court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.....................................$2,974,243

0331-3400
For the Suffolk superior criminal court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........................$1,940,875

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

0331-3500
For the Worcester superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.............................................$1,070,743

District Court Department.

0332-0100
For the administrative office of the district court department, including a civil conciliation program.............$858,068

0332-1100
For the first district court of Barnstable..................................$536,692

0332-1200
For the second district court of Barnstable at Orleans.............................................$385,694

0332-1203
For the third district court of Barnstable at Falmouth..............................................$385,344

0332-1300
For the district court of northern Berkshire at Adams, North Adams and Williamstown...............$272,317

0332-1400
For the district court of central Berkshire at Pittsfield.....................................................$419,655

0332-1500
For the district court of southern Berkshire at Great Barrington and Lee.................................$232,106

0332-1600
For the first district court of Bristol at Taunton...........................................................................$706,373

0332-1700
For the second district court of Bristol at Fall River.............................................................$876,214

0332-1800
For the third district court of Bristol at New Bedford..........................................$946,315

0332-1900
For the fourth district court of Bristol at Attleboro...................................................$583,774

0332-2000
For the district court of Edgartown..................................................$169,016

0332-2100
For the first district court of Essex at Salem..........................................................$698,915

0332-2300
For the third district court of Essex at Ipswich....................................................$197,955

0332-2400
For the central district court of northern Essex at Haverhill......................................................$594,818

0332-2500
For the district court of eastern Essex at Gloucester......................................................$298,508

0332-2600
For the district court of Lawrence...............................................$1,095,147

0332-2700
For the district court of southern Essex at Lynn......................................$806,500

0332-2800
For the district court of Newburyport.............................................$491,593

0332-2900
For the district court of Peabody..........................................$502,084

0332-3000
For the district court of Greenfield...................................................$341,966

0332-3100
For the district court of Orange....................................................$281,048

0332-3200
For the district court of Chicopee........................................................$418,616

0332-3300
For the district court of Holyoke..........................................................$438,297

0332-3400
For the district court of eastern Hampden at Palmer.......................................$301,552

0332-3500
For the district court of Springfield......................................................$1,706,366

0332-3600
For the district court of western Hampden at Westfield...........................................$287,861

0332-3700
For the district court of Hampshire at Northampton......................................$619,005

0332-3800
For the district court of eastern Hampshire at Belchertown................................$165,631

0332-3900
For the district court of Lowell....................................................$1,205,584

0332-4000
For the district court of Somerville...............................................$1,129,155

0332-4100
For the district court of Newton...............................................$366,447

0332-4200
For the district court of Marlborough...........................................$296,888

0332-4300
For the district court of Natick..............................................$418,616

0332-4400
For the first district court of eastern Middlesex at Malden..............................$574,505

0332-4500
For the second district court of eastern Middlesex at Waltham..............................$487,954

0332-4600
For the third district court of eastern Middlesex at Cambridge........................................$1,223,279

0332-4700
For the fourth district court of eastern Middlesex at Woburn.................................$675,132

0332-4800
For the first district court of northern Middlesex at Ayer...........................................$368,553

0332-4900
For the first district court of southern Middlesex at Framingham...................................$774,063

0332-5000
For the district court of central Middlesex at Concord................................................$389,025

0332-5100
For the district court of Nantucket....................................................................$120,335

0332-5200
For the district court of northern Norfolk at Dedham................................................$554,723

0332-5300
For the district court of East Norfolk at Quincy.......................................................$1,565,700

0332-5400
For the district court of western Norfolk at Wrentham..........................................$466,815

0332-5500
For the district court of southern Norfolk at Stoughton...........................................$604,626

0332-5600
For the municipal court of Brookline........................................................................$345,274

0332-5700
For the district court of Brockton..................................................................$1,113,956

0332-5800
For the second district court of Plymouth at Hingham.........................................$636,849

0332-5900
For the third district court of Plymouth at Plymouth..............................................$790,980

0332-6000
For the fourth district court of Plymouth at Wareham...........................................$666,744

0332-6300
For the district court of Chelsea; provided, that notwithstanding the provisions of any general or special law to the contrary, said district court shall be the permanent location for the northern trial session to handle six person jury cases; provided further, that all personnel within said district court whose duties relate to said northern trial session shall report to the clerk magistrate of said district court; and provided further, that the clerk magistrate shall utilize whatever space within the facility-at-large he deems necessary to comply with S.J.C. Rule 3:12, Canon 3(A)6.............................$804,083

0332-6900
For the central district court of Worcester.........................................................................$1,534,374

0332-7000
For the district court of Fitchburg...................................................$502,366

0332-7100
For the district court of Leominster................................................$395,211

0332-7200
For the district court of Winchendon................................................$137,821

0332-7300
For the first district court of northern Worcester at Gardner.............................................$351,555

0332-7400
For the first district court of eastern Worcester at Westborough...............................$399,279

0332-7500
For the second district court of eastern Worcester at Clinton..........................................$275,209

0332-7600
For the district court of southern Worcester at Dudley..........................................$475,146

0332-7700
For the second district court of southern Worcester at Uxbridge.....................................$316,362

0332-7800
For the third district court of southern Worcester at Milford..........................................$302,513

0332-7900
For the district court of western Worcester at East Brookfield.........................................$316,156

Probate and Family Court Department.

0333-0002
For the administrative office of the probate and family court department; provided, that the case manager shall meet monthly with the department of social services and shall report quarterly to the house and senate committees on ways and means on the backlog of cases in the probate court and the parties' progress made in such backlog each month........................$1,307,828

0333-0100
For the Barnstable probate court ..............................................................................$981,581

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

0333-0200
For the Berkshire probate court........................................................$515,505

0333-0300
For the Bristol probate court.......................................................$1,619,752

0333-0400
For the Dukes probate court.............................................................$122,327

0333-0500
For the Essex probate court ............................................................$1,305,319

0333-0600
For the Franklin probate court.....................................................$519,668

0333-0700
For the Hampden probate court...........................................$2,061,173

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

0333-0800
For the Hampshire probate court.................................................$645,228

0333-0900
For the Middlesex probate court...........................................$3,377,715

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

0333-1000
For the Nantucket probate court.......................................................$175,577

0333-1100
For the Norfolk probate court..............................................$1,515,401

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

0333-1200
For the Plymouth probate court...........................................................$1,359,173

0333-1300
For the Suffolk probate court...................................................$2,240,115

0333-1313
For the Suffolk probate community access program of community outreach and education; provided, that said program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that said program shall be administered by the register of probate of Suffolk county.................$191,719

0333-1400
For the Worcester probate court........................................................$1,682,350

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

Land Court Department.

0334-0001
For the operation of the land court........................................................$2,386,331

Boston Municipal Court Department.

0335-0001
For the central division of the Boston municipal court department including the administrative costs of said court department ...........................$3,185,464

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

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

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

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

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

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

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

Housing Court Department.

0336-0002
For the administrative office of the housing court department....................................$103,132

0336-0100
For the Boston housing court.....................................................................$932,876

0336-0200
For the western division of the housing court.......................................................$691,755

0336-0300
For the Worcester county housing court..................................................$694,614

0336-0400
For the southeastern division of the housing court.......................................$1,214,514

0336-0500
For the northeastern division of the housing court...........................................$650,698

Juvenile Court Department.

0337-0002
For the administrative office of the juvenile court department....................................$895,237

0337-0100
For the Suffolk county juvenile courts...............................................$1,250,224

0337-0200
For the Bristol juvenile court..............................................................$1,248,840

0337-0300
For the Hampden county juvenile courts; provided that $145,841 shall be expended for the CASA program in Springfield Juvenile Courts...............................$1,297,623

0337-0400
For the Worcester county juvenile courts; provided further, that $72,920 shall be expended for the CASA program in the Worcester Juvenile Court...................................................$1,083,597

0337-0500
For the Barnstable county juvenile court, including the Barnstable county juvenile court located in the town of Plymouth..............$737,608

0337-0600
For the Essex county juvenile courts; provided further, that $100,000 shall be expended for the CASA program in the Lawrence Juvenile Court..............................................$1,055,220

0337-0700
For the Hampshire and Franklin counties juvenile courts; provided further, that $77,478 shall be expended for the Franklin/Hampshire CASA Program, including Northampton, Greenfield, Orange and Ware District Courts........................$686,132

0337-0800
For the Plymouth county juvenile courts; provided further, that $72,920 shall be expended for the CASA program in the Plymouth County Juvenile Court..................................................$790,686

0337-0900
For the Berkshire county juvenile courts; provided further, that $54,690 shall be expended for a Berkshire CASA program in the Berkshire County Juvenile Court..........................................................$499,471

0337-1000
For the Middlesex county juvenile courts...........................................................$1,104,188

0337-1100
For the Norfolk county juvenile courts...........................................................$916,996

Office of the Commissioner of Probation.

0339-1001
For the office of the commissioner of probation; provided, that notwithstanding the any general or special law, rule or regulation to the contrary, the commissioner, subject to appropriation, shall have exclusive authority to appoint, dismiss, assign and discipline probation officers, associate probation officers, probation officers-in-charge, assistant chief probation officers and chief probation officers; provided further, that the associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service subject to collective bargaining agreements to perform intensive, community-based supervision of probationers, including the provisions of intensive supervision and community restraint services as described in item 0339-1004; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to utilize the departments wage reporting and bank match system for the purpose of weekly tape-matching, so-called, for the purposes of determining an individual's eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports to the house and senate committees on ways and means detailing the progress of eligibility verification with the department; and provided further, that the report shall include, but not be limited to, the number of individuals to be found misrepresenting assets, revenue generated through collection of indigent client fees, the average indigent client fee that each court division collects per case since the effective date of this act, recommendations on improvements in verifying eligibility for counsel and other pertinent information to ascertain the effectiveness of verification; and provided further, that not less than $2,000,000 shall be expended for the commissioner of probation to implement a global positioning system in collaboration with the Massachusetts parole board utilizing ankle bracelets to track level 3 sex offenders actively on parole and sex offenders currently being supervised by the office of the commissioner of probation and considered appropriate for tracking by the commissioner..................................................$117,890,795

0339-1003
For the operation of the trial court office of community corrections, including the costs of personnel..................$5,100,000

0339-1004
For the cost of intensive supervision and community corrections programs; provided, that the programs shall include, but not be limited to, tracking, community service, educational assistance, drug and alcohol testing and treatment, curfew enforcement, home confinement, day reporting, means-tested fines, restitution, and community incapacitation or restraint; provided further, that the number of placements in the programs shall not exceed a daily average goal of 5,000 intensively-supervised probationers; provided further, that funds from this item shall be expended to cover the costs of the programs that are undertaken and administered by court probation offices and county sheriffs' offices; provided further, that said funds shall be expended for the purpose of providing said programs in Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year 2006; provided further, that the executive director of the office of community corrections of the trial court shall enter into interagency service agreements and memoranda of understanding with the probation offices and sheriffs' offices for the provision of said programs, including the contracting for detention space for probationers arrested for violating probation and awaiting court action and detention space for probationers who have been ordered by the trial court to be supervised at a higher level of restraint; provided further, that said agreements and memoranda shall be entered into at the direction of the executive director; provided further, that the executive director shall submit a spending and management plan for the programs to the house and senate committees on ways and means not later than January 30, 2006; and provided further, that the plan shall include the projected number of probationers to be served by each program and include a description of the oversight and services provided to the probationers..........................................$12,564,824

Office of the Jury Commissioner.

0339-2100
For the office of the jury commissioner in accordance with chapter 234A of the General Laws...................$1,990,901

Suffolk District Attorney.

0340-0100
For the Suffolk district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the domestic violence unit and the children's advocacy center; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that not more than $125,000 shall be expended for a North Dorchester safe neighborhood initiative, in Suffolk county; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that not more than $125,000 shall be expended for a safe neighborhood initiative, in Suffolk county;? provided further, that not less than $150,000 shall be expended for the purpose of a targeted controlled substance interdiction pilot program to be administered jointly by the district attorney for Suffolk county and the chiefs of police for the city of Revere and the town of Winthrop;? provided further, that the office shall submit a report to the house and senate committees on ways and means not later than June 1, 2006 which shall include, but not be limited to, the quantity and nature of drug seizures resulting from the implementation of the pilot program; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys................................$14,312,233

0340-0101
For the overtime costs of state police officers assigned to the Suffolk district attorney's office.................$345,683

General Fund...........................................................................................................11.80%

Highway Fund.........................................................................................................88.20%

Middlesex District Attorney.

0340-0200
For the Middlesex district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year? 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in said program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys.........................$11,189,824

0340-0201
For the overtime costs of state police officers assigned to the Middlesex district attorney's office.........................$478,682

General Fund...........................................................................................................11.80%

Highway Fund.........................................................................................................88.20%

Eastern District Attorney.

0340-0300
For the Eastern district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006;? provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that funds may be expended for increases in salaries for assistant district attorneys; and provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program..........................................................$6,781,556

0340-0301
For the overtime costs of state police officers assigned to the Eastern district attorney's office...............$447,132

General Fund.........................................................................................................11.80%

Highway Fund.........................................................................................................88.20%

Worcester District Attorney.

0340-0400
For the Worcester district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that $75,000 may be expended for financial criminal investigations; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006;? provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys.....................................................$7,220,929

0340-0401
For the overtime costs of state police officers assigned to the Worcester district attorney's office...................$393,480

General Fund...........................................................................................................11.80%

Highway Fund..........................................................................................................88.20%

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

Hampden District Attorney.

0340-0500
For the Hampden district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys.................................$6,672,786

0340-0501
For the overtime costs of state police officers assigned to the Hampden district attorney's office.........................$322,619

General Fund................................................................................................11.80%

Highway Fund................................................................................................88.20%

Hampshire/Franklin District Attorney.

0340-0600
For the Hampshire/Franklin district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how the funds were used in said fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that not less than $150,000 shall be expended for the salaries and expenses of a children's advocacy project; and provided further, that funds may be expended for increases in salaries for assistant district attorneys....................$4,391,858

0340-0601
For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney's office..........$226,191

General Fund........................................................................................11.80%

Highway Fund.......................................................................................88.20%

Norfolk District Attorney.

0340-0700
For the Norfolk district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys...................................................$7,312,181

0340-0701
For the overtime costs of state police officers assigned to the Norfolk district attorney's office..............$416,910

General Fund...............................................................................................11.80%

Highway Fund................................................................................................88.20%

Plymouth District Attorney.

0340-0800
For the Plymouth district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys..............................................$6,034,575

0340-0801
For the overtime costs of state police officers assigned to the Plymouth district attorney's office...............$340,554

General Fund...................................................................................................11.80%

Highway Fund..................................................................................................88.20%

Bristol District Attorney.

0340-0900
For the Bristol district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys...........$6,203,381

0340-0901
For the overtime costs of state police officers assigned to the Bristol district attorney's office.............$318,380

General Fund................................................................................................11.80%

Highway Fund..................................................................................................88.20%

Cape and Islands District Attorney.

0340-1000
For the Cape and Islands district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that $125,000 shall be expended to support the sex offender management unit; provided further, that 2 prosecutors and administrative support shall be provided to the Cape Cod offender management task force; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that not more than $20,000 be expended for Cape & Islands Child Advocacy Center at Children's Cove in Hyannis; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys...........$3,200,380

0340-1001
For the overtime costs of state police officers assigned to the Cape and Islands district attorney's office...............$271,954

General Fund....................................................................................................11.80%

Highway Fund..................................................................................................88.20%

Berkshire District Attorney.

0340-1100
For the Berkshire district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2005 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2006 detailing the office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the total number and use of private attorneys participating in any volunteer prosecutor program, so-called; provided further, that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms participating in the program; 2) name and address of the law firms; 3) duties performed by the personnel; and 4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that funds may be expended for increases in salaries for assistant district attorneys........................................$2,944,751

0340-1101
For the overtime costs of state police officers assigned to the Berkshire district attorney's office...........$126,739

General Fund.................................................................................................11.80%

Highway Fund................................................................................................88.20%

District Attorneys' Association.

0340-2100
For the operation of the Massachusetts District Attorneys' Association, including the implementation and related expenses of the district attorneys' office automation and case management and tracking system; provided, that expenses associated with the system may be charged directly to this item; provided further, that the 11 district attorneys of the commonwealth may contribute a portion of their fiscal year 2006 appropriation to the Massachusetts District Attorneys' Association in order to alleviate the cost of the case management and tracking system as well as the cost of data lines associated with the district attorney's computer network; provided further, that each district attorney shall submit a report to the Massachusetts District Attorneys' Association and the house and senate committees on ways and means delineating all funds expended for the purpose of implementing the case management and tracking system not later than January 30, 2006; provided further, that the report shall include, but not be limited to, an analysis of the total cost of the district attorneys' computer network, the total cost incurred by each district attorney's office, a detailed list of all hardware and software leased, owned or operated by each district attorney, a plan for any purchases to be made in the remainder of fiscal year 2006 and a detailed summary of any policies implemented to contain the costs of the network by either the Massachusetts District Attorneys' Association or the individual district attorneys' offices; provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated in this item; and provided further, that the association shall submit a report to the house and senate committees on ways and means not later than January 31, 2006 detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2005, and the amount of each source of revenue.............................$1,750,056

0340-8908
For the costs associated with maintaining the association's wide area network........................$1,344,453

EXECUTIVE.

0411-1000
For the offices of the governor, the lieutenant governor and the governor's council; provided, that the amount appropriated in this item may be used at the discretion of the governor for the payment of extraordinary expenses not otherwise provided for and for transfer to appropriation accounts where the amounts otherwise available may be insufficient; provided further, that not more than $205,161 shall be spent on the governor's commission on mental retardation; and provided further, that the advisory council on Alzheimer's disease and related disorders, as established in the office of the governor by section 379 of chapter 194 of the acts of 1998, and section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2006.......................................$5,135,418

SECRETARY OF THE COMMONWEALTH.

Office of the Secretary of the Commonwealth.

0511-0000
For the operation of the office of the secretary; provided, that the office shall submit a report detailing staffing patterns for each program operated by the office; provided further, that the report shall include, but not be limited to, actual and functional job titles by program, compensation rates and lengths of service for each employee; provided further, that the office shall submit the report not later than January 31, 2006 to the house and senate committees on ways and means; and provided further, that the secretary may transfer funds between items 0540-0900, 0540-1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800, 0540-1900, 0540-2000, 0540-2100 pursuant to an allocation schedule filed with the house and senate committees on ways and means not less than 30 days before the transfer; provided further, that each register of deeds using electronic record books shall ensure that all methods of electronically recording instruments conform to any regulation or standard established by the state secretary or the records conservation board, and those regulations shall be promulgated no later than June 30, 2006............$6,767,487

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

0511-0108
The state secretary acting on behalf of the commonwealth may sell, transfer or license the Division of Corporations' software and related documents pertaining to its web based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as in his sole discretion reasonably compensates the commonwealth for its interests; provided, that the secretary may retain and expend revenues collected from such sales, licensure or user agreements in an amount not to exceed $75,000 for technical activities of the corporations division the remainder to be deposited in the General Fund; provided further, that the secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications; and provided further, that the department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the department...............................................$75,000

0511-0200
For the operation of the state archives division...............................................$539,562

0511-0230
For the operation of the records center.....................................................$156,185

0511-0250
For the operation of the archives facility........................................................$421,554

0511-0260
For the operation of the commonwealth museum....................................$192,990

0511-0420
For the operation of the address confidentiality program.............................................$112,991

0517-0000
For the printing of public documents..........................................$900,222

0521-0000
For the operation of the elections division, including preparation, printing and distribution of ballots and for other miscellaneous expenses for primary and other elections; provided, that the secretary of state may award grants for voter registration and education in the cities of Boston, Springfield, Lawrence and Worcester; provided further, that the registration and education activities may be conducted by community-based voter registration and education organizations; and provided further, that the secretary shall submit a report to the house and senate committees on ways and means not later than January 31, 2006 detailing the amount appropriated for the purposes of providing reimbursements for the costs of extended polling hours from this item to each city or town...................................$3,676,775

0521-0001
For the operation of the central voter registration computer system; provided, that an annual report detailing voter registration activity shall be submitted to the house and senate committees on ways and means on or before January 31, 2006...........................$4,496,243

0524-0000
For providing information to voters.....................................................$583,744

0526-0100
For the operation of the Massachusetts Historical Commission..................................$974,614

0527-0100
For the operation of the ballot law commission........................................$12,380

0528-0100
For the operation of the records conservation board......................................$39,307

0540-0900
For the registry of deeds located in Lawrence in the former county of Essex...................$817,144

0540-1000
For the registry of deeds located in Salem in the former county of Essex.........................$2,634,369

0540-1100
For the registry of deeds in the former county of Franklin............................................$564,763

0540-1200
For the registry of deeds in the former county of Hampden..................................$2,115,679

0540-1300
For the registry of deeds in the former county of Hampshire.................................$590,621

0540-1400
For the registry of deeds located in Lowell in the former county of Middlesex.......................$1,347,127

0540-1500
For the registry of deeds located in Cambridge in the former county of Middlesex.................$3,453,964

0540-1600
For the registry of deeds located in Adams in the former county of Berkshire......................$306,631

0540-1700
For the registry of deeds located in Pittsfield in the former county of Berkshire...........................$494,884

0540-1800
For the registry of deeds located in Great Barrington in the former county of Berkshire...............$259,025

0540-1900
For the registry of deeds in the former county of Suffolk................................................$2,220,555

0540-2000
For the registry of deeds located in Fitchburg in the former county of Worcester.....................$764,143

0540-2100
For the registry of deeds located in the city of Worcester in the former county of Worcester.......$2,049,918

TREASURER AND RECEIVER-GENERAL.

Office of the Treasurer and Receiver General.

0610-0000
For the office of the treasurer and receiver-general; provided, that the treasurer shall provide computer services required by the teachers' retirement board; provided further, that to the extent that bank fees exceed the amount appropriated in item 0610-0100, the treasurer may, subject to an allocation plan filed in advance with the house and senate committees on ways and means, transfer from this item to said item 0610-0100, an amount sufficient to ensure full payment of the bank fees; provided further, that not less than $37,000 shall be granted to the elder advocacy organization known as the Silver-Haired Legislature; provided further, that the treasurer's office shall submit a report to the victim and witness assistance board which details the amount of assessments transmitted to the treasurer during the previous calendar year on a monthly basis from the courts, the registrar of motor vehicles and the sheriff or superintendent of any correctional facility pursuant to section 8 of chapter 258B; provided further, that the report shall be submitted to the board on or before January 31, 2006; and provided further, that the treasurer's office shall pay half of the administrative costs of the municipal finance oversight board from this item....................$7,240,296

General Fund......................................................................90.0%

Highway Fund.....................................................................10.0%

0610-0050
For the administration of the alcoholic beverages control commission in its efforts to regulate and control the conduct and condition of traffic in alcoholic beverages; provided, that said commission shall maintain at least one chief investigator and other investigators for the purpose of regulating and controlling the traffic of alcoholic beverages; provided further, that said commission is authorized and directed to work and cooperate with the Alcohol, Tobacco, and Firearms division of the United States Department of Justice and other relevant federal agencies to assist in its efforts to regulate and control the traffic of alcoholic beverages; and provided further, that said commission is directed to seek out matching federal dollars and to apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages...........................................$1,868,212

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

General Fund................................................................................90.0%

Highway Fund...............................................................................10.0%

0610-0140
For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the Commonwealth's General and Stabilization Fund investments..................$75,000

0610-1500
For tuition payments as required by section 12B of chapter 76 of the General Laws, notwithstanding chapter 29 of the General Laws to the contrary; provided, that the state treasurer may expend in anticipation of revenue amounts necessary to meet payments; and provided further, that the state treasurer shall deduct the amount expended from this account from items 7061-0008 and 0611-5500 and from the amounts specified in section 3, in accordance with said section 12B of said chapter 76.

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

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

0611-5510
For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws.......................................$16,100,000

0611-5800
For distribution to each city and town within which racing meetings are? conducted pursuant to section 18D of chapter 58 of the General Laws........................................................$2,500,000

Pension Benefits.

0612-0105
For payment of the public safety employee killed in the line of duty benefit authorized by section 100A of chapter 32 of the General Laws.........................................$500,000

Commission on Firefighters' Relief.

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

Lottery Commission.

0640-0000
For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that positions funded by this item shall not be subject to chapters 30 and 31 of the General Laws; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund.......................$68,690,397

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

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

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

0640-0013
For the costs of the anti-litter program; provided, that said lottery may continue to develop regional environmental awareness events to limit the number of discarded instant tickets that become litter; provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund........$100,000

0640-0096
For the purpose of the commonwealth's fiscal year? 2006 contributions to the health and welfare fund established pursuant to the collective-bargaining agreement between the lottery commission and the service employees international union, Local 254, AFL-CIO; provided, that the contributions shall be paid to the trust fund on such basis as the collective bargaining agreement provides; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund..............................$355,945

Massachusetts Cultural Council.

0640-0300
For the services and operations of the council, including grants to or contracts with public and non-public entities; provided, that notwithstanding any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections 52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times as the council may determine pursuant to section 54 of said chapter 10; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund; provided further, that any funds expended from this item for the benefit of schoolchildren shall be expended for the benefit of all Massachusetts schoolchildren and on the same terms and conditions; provided further, that the council shall not expend funds from this item for any grant or contract recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; provided further, that not more than $1,000,000 of the funds appropriated herein shall be used to assist cultural organizations in augmenting or initiating endowments to promote the financial stability of the organizations and the assistance shall be in the form of challenge grants to the organizations; provided further, that in order to receive a grant a cultural organization shall raise an amount at least equal to the amount of the grant for the organization's endowment; provided further, that funds provided by the grants shall, in perpetuity, be used solely to provide free or reduced rate public programs or services to citizens of the commonwealth;? and provided further, that a grant made under this program shall not exceed $100,000; and provided further, that a person employed under this item shall be considered an employee within the meaning of section 1 of chapter 150E of the General Laws and shall be placed in the appropriate bargaining unit......................................$7,400,000

0640-0350
For the purposes of cultural resources pursuant to section 36 of chapter 69 of the General Laws including grants to or contracts with public and non-public entities; provided, that the council shall not expend funds from this item for any recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund...................................................$743,520

0640-0351
For the John and Abigail Adams Arts Program, to promote innovations in the arts and humanities within the commonwealth through the disbursement of cultural economic development grants including grants for cultural activities that have the capacity to revitalize communities, stimulate income, create or enhance jobs, and attract tourism; provided, that the funds shall be administered by the Massachusetts cultural council; provided further, that the mission of grant applicants may include demonstrated scholarship or creativity in, or distinguished service to, the arts and humanities; provided, that grants may focus on seed funding for early stage planning or implementation, creation of enduring partnerships among cultural and non-cultural organizations, defined community needs or opportunities, and creation of innovative and sustainable development models that can be replicated throughout and beyond the commonwealth; provided further, that eligible applicants shall include, but not be limited to, not-for-profit organizations and public sector entities; provided further, that collaborating partners may also include private, for-profit organizations, educational institutions and state or federal agencies; provided further, that grants shall not exceed $100,000 and shall be leveraged by not less than $1 for each $1 granted; provided further, that preference shall be given to an applicant with multiple funding sources that can demonstrate project viability, community support and potential for long-term sustainability; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund.....................$1,500,000

Debt Service.

0699-0015
For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth, previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that payments of certain serial bonds maturing previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary, the state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item and item 0699-9100; provided further, that the payments shall pertain to the bonds, notes, or other obligations authorized to be paid from each item; provided further, that notwithstanding any general or special law to the contrary, the comptroller may transfer the amounts that would otherwise be unexpended on June 30, 2006, from item 0699-0015 to item 0699-9100 or from item 0699-9100 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2006; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; provided further, that payments on bonds issued pursuant to section 2O of chapter 29 of the General Laws shall be paid from this item and shall be charged to the Infrastructure sub-fund of the Highway fund; provided further, that payments of interest, discount and principal on certain bonded debt of the commonwealth associated with the Watershed Management Fund for the acquisition of development rights and other interests in land, including fee simple acquisitions of watershed lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above the Ware river intake pipe shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary or other provisions of this item, the comptroller may charge the payments authorized herein to the appropriate budgetary or other fund subject to a plan which the comptroller shall file 10 days in advance with the house and senate committees on ways and means; and provided further, that the comptroller shall transfer from this item to the government land bank fund an amount equal to the amount by which debt service charged to said fund exceeds revenue deposited to said fund.................................................$1,626,196,000

General Fund...........................................................................68.07%

Highway Fund..........................................................................31.93%

0699-2004
For the payment of interest, discount and principal on certain indebtedness which may be incurred for financing the central artery/third harbor tunnel funding shortfall ....................................................$65,330,000

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

0699-9100
For the payment of interest and issuance costs on bonds and bond and revenue anticipation notes and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of costs among the various funds of the commonwealth; provided further, that the comptroller shall charge costs to the funds in accordance with the schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June 30, 2006 shall be charged to the various funds or to the General Fund or highway fund debt service reserves......................................................................$20,950,000

0699-9101
For the purpose of depositing with the trustee under the trust agreement authorized in section 10B of chapter 11 of the acts of 1997 an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund.................$67,408,000

0699-9200
For certain debt service contract assistance to the Massachusetts Development Finance Agency in accordance with chapter?? 23G of the General Laws........................................$13,281,000

STATE AUDITOR.

Office of the State Auditor.

0710-0000
For the office of the state auditor, including the review and monitoring of privatization contracts in accordance with sections 52 to 55, inclusive, of chapter 7 of the General Laws and shared oversight of the central artery/third harbor tunnel project; provided, that a report shall be submitted to the house and senate committees on ways and means not later than December 1, 2004 delineating the privatization contracts reviewed and monitored during fiscal year 2004; provided further, that the report shall further detail the number of full-time equivalent positions assigned by the office for the review of each of the privatization contracts; provided further, that not less than $67,250 shall be expended for the position of executive director of the central artery/third harbor tunnel project oversight coordination commission, as established in section 2B of chapter 205 of the acts of 1996, such that the position may continue to provide administrative and investigative functions to the commission in a manner that is consistent with said section 2B; provided further, that the auditor's office shall pay half of the administrative costs of the municipal finance oversight board from this item.............................$15,125,688

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

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

ATTORNEY GENERAL.

Office of the Attorney General.

0810-0000
For the office of the attorney general, including the administration of the local consumer aid fund, the operation of the anti-trust division, all regional offices, a high-tech crime unit and the victim and witness compensation program; provided, that the victim and witness compensation program shall be administered in accordance with chapters 258B and 258C of the General Laws; provided further, that the attorney general shall submit to the general court and the secretary for administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0810-0004 indicating both the number and costs for each category of claim; provided further, that not more than $250,000 shall be expended for a grants program for the safe neighborhood initiative-jobs for youth program; provided further, that not more than $250,000 shall be expended from the funds appropriated in this item for a safe neighborhood initiative pilot program in the Bowdoin/Geneva area of the Dorchester district of the city of Boston and in the city of New Bedford; provided further, that the public proceedings unit shall review the water rate increases; provided further, that not more than $240,000 shall be expended for the operation of a child protection unit; provided further, that funds may be expended for the commission on uniform state laws; provided further, that $50,000 shall be expended for the Trauma Intervention Program of Merrimack Valley; and provided further, that $260,000 shall be expended for the Ella J.? Baker House in the city of Boston for violence prevention programs for high-risk youth..............$21,998,002

0810-0004
For compensation to victims of violent crimes; provided, that notwithstanding the provisions of chapter 258C of the General Laws, if a claimant is 60 years of age or older at the time of the crime and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with said chapter 258C even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of $50; and provided further, that notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section 5 of chapter 258B of the General Laws........................................$2,156,000

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

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

Highway Fund....................................................................................88.20%

General Fund......................................................................................11.80%

0810-0014
For the operation of the department of telecommunications and energy proceedings unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or special law to the contrary, the amount assessed to the unit shall be equal to the amount expended from this item and provided further, that not less than $200,000 shall be expended for the expenses of legal and technical personnel and associated administrative and travel expenses relative to participation in regulatory proceedings at the Federal Energy Regulatory Commission on behalf of? Massachusetts ratepayers............................$1,609,028

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

0810-0021
For the operation of the Medicaid fraud control unit; provided, that the federal reimbursement for any expenditure from this item shall not be less than 75 per cent of the expenditure; provided further, that not less than $225,000 shall continue to be used specifically for the investigation and prosecution of abuse, neglect, mistreatment and misappropriation based on referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide training for all investigators of the department's division of health care quality responsible for the investigations on a periodic basis pursuant to a comprehensive training program to be developed by the division and the unit; and provided further, that training shall include instruction on techniques for improving the efficiency and quality of investigations of abuse, neglect, mistreatment and misappropriation pursuant to said section 72H of said chapter 111...............................$2,687,349

0810-0045
For the labor law enforcement program pursuant to subsection (b) of section 1 of chapter 23 of the General Laws; provided, that notwithstanding any general or special law to the contrary, a non-management position funded by this item shall be considered a job title in a collective bargaining unit as prescribed by the labor relations commission and shall be subject to chapter 150E of the General Laws...................................$3,105,528

0810-0201
For the costs incurred in administrative or judicial proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this item may be used to supplement the automobile insurance fraud unit and the workers' compensation fraud unit of the office of the attorney general; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for the costs shall be equal to the amount expended from this item...........................................................$1,389,979

0810-0338
For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164.......................$280,164

0810-0399
For the investigation and prosecution of workers' compensation fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164; provided further, that the attorney general shall investigate and prosecute, where appropriate, employers who fail to provide workers' compensation insurance in accordance with the laws of the commonwealth; and provided further, that the unit shall investigate and report on all companies not in compliance with chapter 152 of the General Laws..............$280,164

Victim and Witness Assistance Board

0840-0100
For the operation of the victim and witness assistance board; provided, that the board shall submit a comprehensive report compiled from the information required of and submitted to the office by the trial court, the registry of motor vehicles and the state treasurer relative to the collection of assessments for the previous calendar year under section 8 of chapter 258B of the General Laws; and provided further, that the report shall be submitted to the house and senate committees on ways and means on or before February 15, 2006................................................$398,845

0840-0101
For the safeplan advocacy program; provided, that the amount allocated in this item shall be expended on the salaries and employee benefits of safeplan advocates and regional coordinators, including the advocates in the Hampshire probate and family court and the Northampton and Belchertown district courts; provided further, that funds may be expended by the Massachusetts office for victim assistance to administer the program; and provided further, that said office shall submit to the house and senate committees on ways and means not later than February 3, 2006 a report detailing the effectiveness of contracting for said program including, but not limited to, the number and types of incidents to which such advocates responded, the types of services and service referrals provided by such domestic violence advocates, the cost of providing such services and the extent of coordination with other service providers and state agencies..........$619,073

STATE ETHICS COMMISSION.

0900-0100
For the operation of the state ethics commission...................................................$1,415,000

OFFICE OF THE INSPECTOR GENERAL

0910-0200
For the operation of the office of the inspector general...............................................$2,600,000

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

OFFICE OF CAMPAIGN AND POLITICAL FINANCE.

0920-0300
For the operation of the office of campaign and political finance........................................$1,078,287

OFFICE OF THE STATE COMPTROLLER.

1000-0001
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the office of the state comptroller for the purpose and cost of compliance with the Single Audit Act of 1984, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June 30, 2006 in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of the audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the office of the comptroller shall charge not more than a total of $750,000 to other items of appropriation for the cost of the audit; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be retained and expended from a separate item without further appropriation, in addition to state funds appropriated to this item, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary for administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues and revenues collected; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller shall deduct an amount of $1,000 from any item of appropriation in section 2 of this act in which a reporting requirement is stipulated within said item and which report is not filed within 10 days of the stated due date; provided further, that any and all amounts deducted shall be deposited in the General Fund and the comptroller shall notify the house and senate committees on ways and means of any and all amounts so deducted; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided further, that 60 days before entering into any interdepartmental service agreements the comptroller shall notify the house and senate committees on ways and means; provided further, that said notification shall include, but not be limited to, a description of the project, the purpose and intent of the interdepartmental service agreement, a projection of the costs avoided in the current fiscal year, a copy of the contract with the private vendor including the proposed rate of compensation and any previous agreements related or similar to the new agreement with the above information; provided further, that payments to private vendors on account of such cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the purpose of this section; and provided further, that the comptroller shall report on said projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws.......................$8,448,692

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary.

1100-1100
For the office of the secretary and the administration of the fiscal affairs division; provided, that the secretary shall conduct an ongoing review of affirmative action steps taken by the various agencies, boards, departments, commissions or divisions to determine whether such agencies, boards, departments, commissions or divisions are complying with the commonwealth's policies of non-discrimination and equal opportunity; provided further, that whenever non-compliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the Massachusetts commission against discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or non-compliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on commerce and labor on or before December 1, 2005; provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements; provided further, that notwithstanding any general or special law or regulation to the contrary, the secretary for administration and finance, in consultation with the state secretary, shall, not later than October 31, 2005 issue a request for purchase through the competitive bidding process for the provision of public records storage, except those records that receive federal reimbursement, for all state agencies within the jurisdiction of the governor in order to achieve cost savings including, but not limited to, those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel; provided further, that the secretary, in consultation with the state secretary, shall report, not later than March 31, 2006, a plan to improve public records storage and office space efficiencies to the joint committee on state administration and to the house and senate committees on ways and means; and provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to item
1000-0001...........................................
$3,433,853

Division of Capital Asset Management and Maintenance

1102-3205
The division may expend for the maintenance and operation of the Massachusetts information technology center an amount not to exceed $6,100,000 in revenues collected from rentals, commissions, fees, parking fees and any and all other sources pertaining to the operations of said center; provided, that notwithstanding any general or special law to the contrary, and for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system...................$6,100,000

1102-3206
For the costs associated with the maintenance and security of surplus state properties; provided, that the commissioner of the division of capital asset management and maintenance shall transfer care and control of a certain parcel of land with the building thereon, located at 291 Summer Street, Lowell and recorded with the Middlesex county northern district registry of deeds, Book 1491, Page 170, to the Middlesex sheriff; provided further, that the commissioner of the division of capital asset management and maintenance shall complete study number SDE 0301ST1 regarding the site location of the proposed regional holding facility in Essex county by July 31, 2005; provided, that the division shall submit quarterly reports that detail the hire date, salary, and job title of every employee at the division and the amount associated with each bond authorization; and provided further, the division shall submit a report that details every employee at the division including the hire date, salary, and job title for fiscal years 2002, 2003, 2004, 2005 and 2006 to the house and senate committees on ways and means on or before January 11, 2006......................................................$359,208

1102-3214
For the state transportation building; provided, that the division may expend revenues collected up to a maximum of $6,840,000 from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building for the maintenance and operation of said building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system...............................$6,840,000

1102-3231
For the Springfield state office building; provided, that the division may expend not more than $700,000 in revenues from rents charged to agencies occupying the building for the maintenance and operation of the building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.....................$700,000

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

Bureau of State Office Buildings.

1102-3301
For the operation of the bureau and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau.................$6,549,189

1102-3302
For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings ....................................$5,061,342

1102-3305
For the maintenance and joint operation of the state house under the jurisdiction of the state superintendent of state office buildings and the legislature's joint committee on rules; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for materials and services, including ongoing Americans with Disabilities Act (ADA) maintenance and improvements required in the operation of the state house .......................................................$750,000

Office on Disability.

1107-2400
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the office on disability; provided, that $125,000 shall be used to develop training materials for employees working in the state house on the Americans With Disabilities Act, including how to assist people with disabilities within the state house..........................$730,280

Disabled Persons Protection Commission.

1107-2501
The Governor has disapproved of certain language.
For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means not later than the last day of each quarter on the number of claims of abuse by caretakers made by employees or contracted service employees of the departments of mental retardation and mental health and the Massachusetts rehabilitation commission; provided further, that the report shall include: (i) the number of claims found to be substantiated; (ii) the number of claims found to be unsubstantiated; and (iii) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission's 24-hour hotline are recorded, that all persons who call said hotline shall be immediately informed that all calls are recorded, and each such person shall be provided with the opportunity to elect that the call not be recorded...................................$1,746,915

1108-1011
For the civil service commission; provided, that the General Fund shall be reimbursed for the appropriation herein through a fee charged on a per claim basis; provided further, that said commission shall develop and implement regulations to implement said reimbursement to the General Fund; and provided further, the civil service commission shall have the power to assess a fee upon the appointing authority when inappropriate action has occurred..................$478,073

Group Insurance Commission.

1108-5100
For the administration of the group insurance commission; provided, that the commission shall generate the maximum amounts allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws..........................................$2,291,969

1108-5200
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the commonwealth's share of the group insurance premium and plan costs incurred in fiscal year 2006; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that prior year costs incurred by self insured plans shall be funded from this item; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A and for the purposes of section 14 of chapter 32A, the commonwealth's share of the group insurance premium for state employees who have retired before July 1, 1994 shall be 90 per cent and the commonwealth's share of the group insurance premium for state employees who have retired on or after July 1, 1994 shall be 85 per cent; provided further, that the commonwealth's share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that notwithstanding section 8 of chapter 32A of the General Laws, the commonwealth's share of the premiums for active state employees and their dependents whose salary, as determined by the commission in consultation with the human resources division and the office of the state comptroller, is between $0 and $34,999, shall be 85 per cent of the premiums and rates; provided further, that the commonwealth's share of the premiums for active state employees and their dependents whose salary, as determined by the commission in consultation with the human resources division and the office of the state comptroller, is $35,000 or more shall be 80 per cent of the premiums and rates; provided further, that the preceding provisions pursuant to employee contributions shall expire December 31, 2005 at which time the commonwealth's share of the premiums for active state employees and their dependents shall be 85 per cent; provided further, that the commonwealth's share of such premiums for active state employees and their dependents who are hired after June 30, 2003 shall be 75 per cent of such premiums and rates; provided further, that the preceding provision pursuant to employee contributions shall expire December 31, 2005 at which time the commonwealth's share of the premiums for active state employees hired after June 30, 2003 and their dependents shall be 80 per cent; and provided further, that the commission shall notify the house and senate committees on ways and means by March 1 of each year of the cost of the commonwealth's projected share of group insurance premiums for the next fiscal year...........................................$949,010,107

1108-5350
For elderly governmental retired employee premium payments................................................$1,088,542

1108-5400
For the costs of the retired municipal teachers' premiums and the audit of such premiums............$64,161,035

1108-5500
For the costs, notwithstanding chapter 32A of the General Laws to the contrary, of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivision, who are not otherwise provided those benefits pursuant to a separate appropriation or the terms of a contract or collective bargaining agreement; provided, that the employees shall pay 15 per cent of the monthly premium established by the commission for the benefits...................................................$6,638,836

Division of Administrative Law Appeals.

1110-1000
For the operation of the division of administrative law appeals established by section 4H of chapter 7 of the General Laws; provided, that said office shall maintain, to the fullest extent practicable, a complete physical and technological separation from any agency, department, board, commission or program whose decisions, determinations or actions may be appealed to it; and provided further, that every decision issued by a commissioner or other head of agency, or designee, following the issuance of a recommended decision by an administrative law judge of the division, shall be an agency decision subject to judicial review pursuant to chapter 30A of the General Laws ...................................$1,102,144

George Fingold Library.

1120-4005
For the administration of the library; provided, that the library shall maintain regular hours of operation from 9:00 a.m.? to 5:00 p.m.....................$1,192,449

Massachusetts Commission Against Discrimination.

1150-5100
For the office of the commission, including the processing and resolution of cases pending before the commission that were filed on or before July 1, 2002; provided, that on or before November 1, 2005 the commission shall submit to the house and senate committees on ways and means a report on the total number of all currently pending cases and the total number of such cases in the investigation, conciliation, post-probable cause and pre-public hearing and post-hearing stages; provided further, that the commission shall file an update of the report with the committees on or before March 1, 2006; provided further, that the commission shall identify in such reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which the Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means on or before November 1, 2005 the number of cases pending before the commission in which a state agency or state authority is named as a respondent, specifying those cases in which the Massachusetts Bay Transportation Authority is named as a respondent, and the number of the cases in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the commission shall include in such report the total number of new cases filed in fiscal year 2005 and the total number of cases closed by the commission in fiscal year 2005; provided further, that funds made available in this item shall be in addition to funds available in item 1150-5104; provided further, that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the commission shall pursue the highest allowable rate of federal reimbursement.......................$1,526,374

1150-5104
The Massachusetts commission against discrimination may expend not more than $2,467,982 from revenues from federal reimbursements received for the purposes of the United States Department of Housing and Urban Development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2006 and federal reimbursements received for these and other programs in prior years; provided, that notwithstanding any general or special law to the contrary, the commission may also expend revenues generated through the collection of fees and costs so authorized; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $2,467,982 shall be credited to the General Fund..............$2,467,982

1150-5116
The Massachusetts commission against discrimination may expend not more than? $27,500 from revenues collected from fees charged for the training and certification of diversity trainers for the operation of the discrimination prevention certification program...................................$27,500

Department of Revenue

1201-0100
For the operation of the department of revenue, including tax collection administration, audits of certain foreign corporations, and the division of local services; provided, that the department may allocate an amount not to exceed $250,000 to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department shall maintain regional offices in the cities of, Springfield, Pittsfield, Fall River, and Worcester and in the Hyannis section of the town of Barnstable; provided further, that the department shall provide to the general court access to the municipal data bank; and provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; and provided further, that seasonal positions funded by this account may not be filled by incumbent for more than 10 months within a 12 month period................$116,943,409

General Fund........................................................................95.0%

Highway Fund........................................................................5.0%

1201-0130
The department of revenue may expend an amount not to exceed $9,640,000 from revenues collected by auditors and for the costs of administering an enhanced audit program, for discovering and identifying persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth, for the costs of obtaining those delinquent returns and collecting those delinquent taxes for a prior fiscal year; provided, that the commissioner may expend funds from this item to support the operational costs of the department funded from item 1201-0100; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system........................................$9,640,000

1201-0160
For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities, and that those agencies may expend the funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of said funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for the network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority, so-called; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of the authorization or the most recent revenue estimate therefor as reported in the state accounting system for federal incentives and said network in accounts 1201-0161 and 1201-0410...................$48,252,766

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

1231-1000
For the Commonwealth Sewer Rate Relief Fund established in section 2Z of chapter 29 of the General Laws.............$12,500,000

1231-1020
For a program of loans, loan purchases or loan guarantees or interest subsidies to assist homeowners, homeowner associations or condominium associations in complying with revised state environmental code for subsurface disposal of sanitary waste, Title V, so called; provided, that the program shall be in addition to the loan program established pursuant to item 2200-9959 in section 2 of chapter 85 of the acts of 1994; provided further, that the department may contract with third parties, including, but not limited to, commonwealth-based financial institutions to manage said program; provided further, that the department and the third parties shall take all steps necessary to minimize the program's administrative costs; provided further, that the loans, loan purchases or loan guarantees shall be available on the basis of a sliding scale that relates a homeowner's income and assets to the cost of Title V compliance; provided further, that interest subsidies shall be means-tested and may be for zero-interest loans pursuant to income standards developed by the department; and provided further, that the department of revenue shall consult with the department of environmental protection in developing rules, regulations and guidelines for said program, prior appropriation continued...........................1232-0100

For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws......................$18,200,000

1232-0200
For the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board established by section 8 of chapter 21J of the General Laws and for the administration of the underground storage tank program associated with the implementation of chapter 21J of the General Laws; provided, that notwithstanding section 4 of chapter 21J or any other general or special law to the contrary, appropriations made in this item shall be sufficient to cover the administrative expenses of the underground storage tank program; provided further, that the board shall submit to the house and senate committees on ways and means a report on the status of the underground storage program, including, but not limited to, the number of municipal grants made for the removal and replacement of underground storage tanks and the reimbursements for remediated petroleum spills; provided further, that the report shall detail how many tanks are out of compliance with said chapter 21J; and provided further, that the report shall be submitted not later than February 16, 2006............$2,026,989

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

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

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

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

Appellate Tax Board.

1310-1000
For the operation of the appellate tax board; provided, that the board shall schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield, Springfield, Worcester and southeastern Massachusetts; and provided further, that the board shall report to the house and senate committees on ways and means no later than December 1, 2005 on the number of hearings held at each location......................................$1,766,095

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

Department of Veterans Services

0610-0093
For the purposes of allowing the department of veterans' services to make bonus payments to Persian Gulf war veterans; provided, that the payments shall be consistent with the purposes of the trust instrument for "A Hero's Welcome Trust Fund"............................$23,000

A Hero's Welcome Trust Fund...................................................................................100.00%

1410-0010
For the operation of the department of veterans' services; provided, that the department may fund a housing specialist from this item; provided further, that not less than $10,000 shall be expended for the purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in the Green Hill park in Worcester; provided further, that not less than $10,000 shall be expended for the Korean War Veterans Committee of Massachusetts for the purpose of maintaining the Korean War Memorial located in the shipyard park of the Charlestown Navy Yard; and provided further, that the department may expend funds for the Glory 54th Brigade...........................................................$1,909,209

1410-0012
For services to veterans, including the maintenance and operation of outreach centers; provided, that the centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that not less than $228,771 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of Boston; provided further, that not less than $106,102 shall be obligated for a contract with the North Shore Veterans Counseling Center in the city of Beverly; provided further, that not less than $84,879 shall be obligated for a contract with the Veterans Association of Bristol county in the city of Fall River; provided further, that not less than $100,000 shall be obligated for a contract with Nam Vets Association of the Cape and Islands in the Hyannis section of the town of Barnstable; provided further, that not less than $292,480 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, that not less than $84,453 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham; provided further, that not less than $30,000 shall be expended for the oral history project at the Morse Institute Library in Natick; provided further, that not less than $100,000 shall be expended for veteran's services to be administered by the Falmouth veterans agent through the Falmouth Free Clinic and Community Center; and provided further, that not less than $134,879 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield...................$1,294,420

1410-0015
For the women veterans' outreach program...................................................$42,281

1410-0018
The department may expend not more than $300,000 for the maintenance and operation of Agawam and Winchendon veterans' cemeteries from revenue collected from fees, grants, gifts or other contributions to the cemeteries; prior appropriations continued.....................................$300,000

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

1410-0250
For homelessness services; provided, that not less than $475,105 shall be obligated for a contract with the central Massachusetts Shelter for Homeless Veterans in the city of Worcester; provided further, that not less than $352,395 shall be obligated for a contract with the Southeastern Massachusetts Veterans Housing Program, Inc. in the city of New Bedford; provided further, that $100,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Dorchester section of the city of Boston; provided further, that not less than $199,405 shall be obligated for a contract with Unity House in the city of Gardner; provided further, that not less than $75,000 shall be obligated for a contract with the Transition House in the city of Springfield; provided further, that not less than $51,975 shall be expended for a contract with the Springfield Bilingual Veterans Outreach Center for the operation and maintenance of a transitional housing unit at the YMCA of Springfield; provided further, that not less than $28,350 shall be obligated for a contract with the Homestead in the town of Hyannis; provided further, that not less than $200,000 shall be obligated for contracts with the Veterans Hospice Homestead in the city of Leominster and the Veterans Hospice in the town of Fitchburg; provided further, that not less than $22,500 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $73,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of the city of Boston; provided further, that not less than $44,888 shall be provided for a contract with the Mansion in the city of Haverhill; provided further, that not less than $200,000 shall be obligated for a contract with the United Veterans of America shelter in the town of Leeds; and provided further, that not less than $190,000 shall be obligated for a contract with Habitat P.L.U.S. in the city of Lynn.................................$2,013,318

1410-0251
For the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Shelter for Homeless Veterans located in the city of Boston......................................$2,258,043

1410-0300
For the payment of annuities to certain disabled veterans and the parents and unremarried spouses of certain deceased veterans; provided, that such payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall take reasonable steps to terminate payments upon the death of a recipient; provided further, that the department shall prorate annuity payments to ensure that the total payments in fiscal year 2006 shall not exceed the amount appropriated herein; and provided further, that the secretary of veterans' services shall file with the house and senate committees on ways and means a report detailing the number of applications received for annuities offered under this program at the end of each fiscal quarter.................$12,339,263

1410-0400
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For reimbursing cities and towns for money paid for veterans' benefits and for payments to certain veterans under section 6 of chapter 115 of the General Laws; provided, that notwithstanding any general or special law to the contrary, 100 per cent of the amounts of veterans' benefits paid by cities and towns to residents of a soldiers' home shall be paid by the commonwealth to the several cities and towns; provided further, that pursuant to section 9 of said chapter 115, the department shall reimburse cities and towns for the cost of United States flags placed on the graves of veterans on Memorial Day; provided further, that notwithstanding any general or special law to the contrary, the secretary of veteran services may continue a training program for veterans' agents and directors of veterans' services in cities and towns; provided further, that the purpose of the training program shall be to maximize federal assistance available for veterans and to assure that the agents and directors receive uniform instruction on providing veterans and dependents with advice relative to procurement of state, federal and local benefits to which they are entitled, including employment, education, health care, retirement and other veterans' benefits; provided further, that the subject matter of the training program shall include benefits available under said chapter 115 and alternative resources, including those which are partially or wholly subsidized by the federal government, such as Medicaid, Supplemental Security Income and Social Security Disability benefits, as well as federal pension and compensation entitlements; provided further, that the secretary shall promulgate regulations for the training program; provided further, that upon successful participation by the veterans' agents or directors of veterans' services in the training program, the costs of the training program incurred by the several cities and towns shall be reimbursed by the commonwealth on or before November 10 following the fiscal year in which the costs were paid; provided further, that any person applying for veterans' benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical assistance under said chapter 118E to minimize cost of the commonwealth and its municipalities; provided further, that veterans' agents shall complete applications authorized by the executive office under said chapter 118E for any veteran, widow and dependent applying for medical assistance under said chapter 115; provided further, that the veterans' agent shall file the application for the veteran or dependent for assistance under said chapter 118E; provided further, that the executive office shall act on all said chapter 118E applications and advise the applicant and the veterans' agent of the applicant's eligibility for said chapter 118E healthcare; provided further, that the veterans' agent shall advise the applicant of the right to assistance for medical benefits under said chapter 115 pending approval of the application for assistance under said chapter 118E by the executive office provided further, that the secretary may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support; provided further, that payments to or on behalf of a veteran or dependent pursuant to said chapter 115 shall not be considered income for the purposes of determining eligibility under said chapter 118E; and provided further, that benefits awarded pursuant to section 6B of said chapter 115 shall be considered countable income..............................$13,805,284

1410-0630
For the administration of the veterans' cemeteries in the towns of Agawam and Winchendon.................$866,448

Reserves.

1599-0035
For certain debt service contract assistance to the Massachusetts Convention Center Authority in accordance with section 39 of chapter 190 of the acts of 1982; provided, that the assistance shall be expended notwithstanding section 35J of chapter 10 of the General Laws............................$14,735,000

1599-0042
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For a reserve to improve the quality of the commonwealth's child care system by enabling child care providers to better attract and retain quality staff; provided, that payments from this reserve shall be distributed by the department of early education and care to increase reimbursement rates for subsidized child care; provided further, that the increases shall be directed to expenditures for salaries, benefits, and stipends for professional development of child care workers; and provided further, that such increases may be allocated to adjust rates of reimbursement paid to each provider by the same percentage across the commonwealth............................$12,500,000

1599-0049
For contract assistance payments to the Foxborough Industrial Development Finance Authority in accordance with section 8 of chapter 16 of the acts of 1999............................................$5,337,628

1599-0050
For Route 3 North contract assistance payments...................................$26,755,000

1599-0093
For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with sections 6 and 6A of chapter 29C of the General Laws .................................$55,166,537

1599-1970
For a reserve for the Massachusetts turnpike authority for costs incurred in fiscal year 2005 for the operation and maintenance of the central artery/tunnel project pursuant to chapter 235 of the acts of 1998 ..........$25,000,000

1599-1971
For the cost of hired and leased equipment, vehicle repair, and sand, salt, and other control chemicals used for snow and ice control; provided, that the secretary for administration and finance shall submit to the house and senate committees on post audit and oversight, the house and senate committees on transportation and the house and senate committees on ways and means a report on snow and ice control efforts no later than September 1, 2005 which shall include, but not be limited to, the following: (a) a list of amounts paid to each vendor from state appropriations for snow and ice control efforts for fiscal years 2004 and 2005; (b) a detailed account of the administrative oversight exercised by either the secretary for administration and finance, the secretary of transportation or the department of highways for snow and ice control efforts, including an explanation of measures taken to verify services provided, audit vendor payment vouchers, or any other measures taken to ensure accountability relative to the expenditure of the state funds for snow and ice control efforts; (c) information on the transponder program including, but not limited to, the number and cost of transponders leased or purchased, costs associated with maintenance and warranties for the transponders, the useful life of the transponders, the number of incidents when transponders failed or malfunctioned, the number of transponders that were damaged, estimated costs of continuing the program, the compliance rate of vendors using transponders, the number of transponders that were damaged or broken, the number of appeals by contractors for transponders that may have failed or malfunctioned, a list of any contractors that were accused of, charged with or prosecuted for fraudulent snow and ice removal claims; and (d) any other information that the secretary determines is necessary to account for and explain the extraordinary expenditure of state appropriations for the control and removal of snow and ice; and provided further, that the report indicates how many salt storage facilities in the commonwealth are in conformance with section 7A of chapter 85 of the General Laws and how many are not ...................................$10,500,000

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

1599-3384
For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in the current fiscal year or a prior fiscal year; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item; provided further, that no amount appropriated in this item shall fund attorneys' fees for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts .............$4,837,211

1599-3837
For the payment to the water pollution abatement trust to fund financial assistance to municipalities and other eligible borrowers to meet debt service obligations incurred by the municipalities and other eligible borrowers after January 1, 1992, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, and which have been completed, as determined by the department, on or before the promulgation date of the department's regulations related to the implementation of the federal Safe Drinking Water Act.............................$7,852,853

1599-3838
For a reserve for payment to the water pollution abatement trust to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, after the promulgation date of the department's regulations related to the implementation of the federal Safe Drinking Water Act......................$9,465,260

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

1599-3857
For capital lease payments from the University of Massachusetts to the Massachusetts development finance agency and for annual operations of the advanced technology and manufacturing center in Fall River...................$1,300,000

1599-4408
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a reserve for costs incurred to comply with the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), or any successor federal statute, including but not limited to, state work participation requirements, subsequent to the expiration of the commonwealth's federal welfare waiver on September 30, 2005, or with any additional costs or requirements imposed as a result of any legislation enacted by the general court subsequent to reauthorization of the federal temporary aid for needy families block grant; provided, that not less than $6,000,000 shall be made available to the department of transitional assistance for additional services in item 4401-1000, the employment services program, administered within the department; provided further, that not less than $6,000,000 shall be made available to the department of early education and care for additional child care vouchers and contracts, according to the provisions of item 3000-4050 and for the administration of the vouchers and contracts by child care resource and referral agencies, according to the provisions of item 3000-2000; provided further, that the secretary of administration and finance, the commissioner of the department of transitional assistance and the commissioner of the department of early education and care, shall, not later than January 15, 2006, jointly issue a preliminary report, and not later than April 1, 2006, issue a final report on planned expenditures from this item, on any federal actions impacting the state transitional assistance program, and on any legislative proposals the department may recommend in response to the actions; provided further, that, if the reports include legislative or administrative recommendations in response to federal actions, the reports shall include a description of all new requirements proposed to be imposed on recipients of transitional aid to families with dependent children as a result of federal actions, an analysis of the individuals proposed to be subject to work requirements as a result of the actions, including an analysis of which individuals may reasonably be expected to obtain employment with proper assistance and which require an alternative plan or strategy for achieving self-sufficiency, and a detailed plan for addressing the needs of any recipient who would be subject to work requirements under such proposal; provided further, that the reports shall be provided to the chairpersons of the house and senate ways and means committees, the house and senate chairpersons of the joint committee on children and families and the house and senate chairpersons of the joint committee on education; and provided further, that nothing in the foregoing authorizes the department of transitional assistance to impose rules or requirements that are not authorized by section 110 of chapter5 of the acts of 1995...................$12,000,000

1599-6901
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this appropriation; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the executive office of health and human services shall condition the expenditure of the reserve upon assurances that the funds shall be used solely for the purposes of adjustments to wages, compensation or salary; provided further, that not later than February 15, 2006, the executive office shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving such adjustment in fiscal year 2006 and the average percentage adjustment funded by this reserve; provided further, that the report shall also include, for each contract scheduled to receive any allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for child care services or programs for which payment rates are negotiated and paid as class rates as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that the total fiscal year 2006 cost of salary adjustments and any other associated employee costs authorized thereunder shall not exceed $20,000,000; provided further, that $14,000,000 shall be expended in fiscal year 2006 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $25,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided further, that $6,000,000 shall be expended in fiscal year 2006 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning more than $25,001 and less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided further, that the annualized cost of the adjustments in fiscal year 2007 shall not exceed the amount appropriated herein; and provided further, that the raises provided through this item shall be in addition to any already agreed to or collectively bargained for pay increases.......................................................$20,000,000

1599-7092
For a reserve for the county correctional programs; provided, that notwithstanding any general or special laws to the contrary, the sheriffs, in conjunction with the county government finance review board, shall maintain and continue to collaborate with the comptroller's office to collect and report all revenue collection and all spending on the Massachusetts Management Accounting and Reporting System; provided further, that the comptroller shall not transfer the funds from this item to item 8910-0000 unless the plan is in place; provided further, that the county government finance review board shall, by January 1, 2006, have developed a plan for the spending of all funds for fiscal year 2006, and developed a sound fiscal spending plan for fiscal year 2007; provided further, that the board shall build the spending plans with the direct input of the seven sheriffs still functioning under the county government system; provided further, that by January 15, 2006 the board shall report all spending plans to the house and senate committees on ways and means; provided further, that the information shall satisfy all fiscal requirements for a maintenance level of funding, including, but not limited to, collective bargaining increases, legal fees, debt services, one time costs, energy costs, equipment leases, medical costs, and workers' compensation issues; provided further, that no other spending information or requests shall be submitted to the house and senate committees on ways and means by the individual sheriffs until February 15, 2006; provided further, that the board shall also provide a projection of all county funds to be collected for fiscal year 2006 and 2007; provided further, that the board shall release all funds from fiscal year 2006 quarterly; provided further, that any sheriff that spends more than the quarterly approved budget shall have the money allocated for the following quarter reduced by the excess amount overspent in the previous quarter; and provided further, that it is the intent of the General Court that funds shall not be spent from this item nor any funds be transferred from this item to another item until all of the aforementioned restrictions and conditions have been satisfied.............................$39,319,632

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

1599-7780
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For a reserve for the costs of rent and relocation for the eastern district attorney's office; provided further, that no less than $118,000 shall be expended for the Norfolk district attorney's office......................................$1,358,000

Human Resources Division.

1750-0100
For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth's human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the commissioner of administration shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards and reviewing appeals for reclassification; provided further, that the secretary for administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees' unions; provided further, that the nature and scope of economic proposals contained in such agreements shall include all fixed percentage or dollar based salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that any employee of the commonwealth who chooses to participate in a bone marrow donor program or an organ donor transplant program shall be granted a leave of absence with pay to undergo the medical procedure and for associated physical recovery time, but this leave shall not exceed 5 days............$3,846,396

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

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

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

1750-0201
The human resources division may expend not more than $250,000 from revenues collected for implementation of the medical and physical fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; provided further, that the human resources division shall submit a semi-annual report to the house and senate committees on ways and means detailing all expenditures on the program including, but not limited to, the costs of personnel, consultants, administration of the wellness program, establishment of standards and any other related costs of the program; and provided further, that the division shall report to the house and senate committees on ways and means by February 1, 2006 on the projected costs of the program for fiscal year 2006........................$250,000

1750-0300
For the commonwealth's contributions in fiscal year 2006 to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that the contributions shall be calculated as provided in the applicable collective bargaining agreement and shall be paid to such health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides ..................$21,286,962

Operational Services Division.

1775-0100
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to provisions included in this act; provided further, that notwithstanding any general or special law to the contrary, the division of purchased services of the operational services division which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set all such prices in fiscal year 2006 by increasing the final fiscal year 2005 price by the rate of inflation as determined by the division; provided further, that the division shall also adjust prices for Extraordinary Relief, as defined in 808 CMR 1.06(4); provided further, that the department shall accept applications for Program Reconstruction in fiscal year 2006; provided further, that programs for which prices in fiscal year 2005 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2006 the full price calculated for fiscal year 2005 adjusted by the rate of inflation as determined by the division; provided further, that upon the request of a program, the operational services division shall authorize a minimum price for the program to charge out-of-state purchasers; and provided further, that the division shall determine said minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rates of inflation which are established by December 1 of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a compounded manner for each fiscal year following the most recent calculated price.......................$2,033,309

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

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

1775-0700
The operational services division may expend not more than $53,000 in revenues collected in addition to the amount authorized in item 1775-1000 of section 2B, for printing, photocopying, related graphic art or design work and other reprographic goods and services provided to the general public, including all necessary incidental expenses....................................$53,000

1775-0900
The operational services division may expend not more than $55,000 in revenues collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter 7 of the General Laws, including the costs of personnel, from the sale of federal surplus property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system........................$55,000

1775-1100
The operational services division may expend not more than $500,000 in revenues collected from the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; provided, that the division shall evaluate the use of technology, the internet,? and online auctions to enhance the sales of surplus vehicles and submit a report of its findings to the house and senate committees on ways and means, and the house and senate committees on post audit and oversight on or before October 1, 2005;? and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel..............$500,000

Information Technology Division.

1790-0100
For the operation of the information technology division; provided, that the division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall develop a formula to determine the cost that will be charged to each agency for its use of the human resources and compensation management system; provided further, that the division may coordinate with any state agency or state authority which administers a grant program to develop a statewide grant information page on the commonwealth's official worldwide web site, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May 16, 2006 with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2006; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000 including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for such project or purchase; and provided further, that the chief information officer may establish such rules and procedures as he deems necessary to implement this item...............$4,994,753

1790-0300
The information technology division may expend not more than? $467,837 from revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment...........................$467,837

Executive Office of Environmental Affairs Office of the Secretary

2000-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control chapter program, and a central data processing center for the secretariat; provided, that the secretary of environmental affairs may enter into interagency agreements with any line agency within the secretariat, whereby the line agency may render data processing services to said secretary; provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that said secretary shall file a plan with the house and senate committees on ways and means 20 days before entering into any interdepartmental service agreements with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that the secretary shall file a plan with the house and senate committees on ways and means and to the joint committee on the environment, natural resources and agriculture 90 days prior to the initiation of any proposal or plan that would consolidate any function with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that the plan shall include, but not be limited to the following: (1) an identification of the employees that would be affected by consolidation and the item of appropriation that they are paid from, (2) the savings or efficiencies to be realized, (3) the improvements to the services expected, and (4) the source and amount of funding necessary to accomplish the consolidation; and provided further, that the secretary shall provide a 90 day notice prior to the implementation of any memorandum of understanding, interagency service agreements, or other contacts, or agreements that would enable such consolidation of services to take place; provided further, that $75,000 shall be expended for a study of traffic patterns during rush hour commutes on department of conservation and recreation controlled roadways serving Lynn, Swampscott and Nahant; provided further, that not less than $40,000 shall be expended for the completion of a comprehensive cost study of a master plan for the maintenance and improvement of all property under the care, custody and control of the division in the West Roxbury section of the city of Boston including such measures but not limited to the planting, pruning, reforestation, enhancement of pedestrian access walks and the removal of leaves, snow and debris in said property; provided further, that not less than $50,000 shall be transferred to the Boston Harbor Islands Alliance for costs associated with the new visitor contact station known as the Harbor Park Pavilion on Parcel 14 of the Rose Kennedy Greenway; provided further, that funds may be expended for volunteer water monitoring grants; provided further, that not less than $50,000 shall be expended for new flood insurance rate maps for Salisbury beach; and provided further, that $150,000 shall be expended for a coastal water quality and natural resource monitoring program in Buzzards Bay administered by the Coalition for Buzzards Bay.................$6,309,486

2000-9900
For the office of geographic and environmental information established in section 4B of chapter 21A of the General Laws.................$280,944

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

2010-0100
For recycling and related purposes consistent with the recycling plan of the solid waste master plan which includes municipal equipment, a municipal recycling incentive program, recycled product procurement, guaranteed annual tonnage assistance, recycling transfer stations, source reduction and technical assistance, consumer education and participation campaign, municipal household hazardous waste program, the recycling loan program, research and development, recycling market development and recycling business development, and the operation of the Springfield materials recycling facility; provided further, that funds may be expended for a recycling industry reimbursement program pursuant to section 24I of chapter 43 of the acts of 1997; and provided further, that funds may be expended on municipal recycling incentives and equipment grants.........................$2,340,647

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

2020-0100
For toxics use reduction technical assistance and technology in accordance with chapter 21I of the General Laws.................$1,304,700

2030-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; provided further, that the department shall maintain and operate the boat registration and titling offices in Hyannis and Fall River; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004; and provided further, that $100,000 shall be expended for the cost of patrols performed by environmental law enforcement officers within properties controlled by the division of state parks and recreation...................$10,013,746

2030-1004
For environmental police private details; provided, that the office may expend revenues of up to $250,000 collected from the fees charged for private details; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system.................$250,000

Department of Environmental Protection.

2200-0100
For the operation of the department of environmental protection, including the environmental strike force, the office of environmental results and strategic planning, the bureau of resource protection, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research, notwithstanding the provisions of section 323F of chapter 94 of the General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws; provided further, that that $168,000 shall be expended for sediment control in Lake Webster; provided further, that $25,000 shall be expended to investigate the contamination of the Barnes Aquifer, located in the towns of Southampton and Easthampton and the cities of Holyoke and Westfield, provided further, that the department shall provide an overview of the extent of contamination and estimated cost to provide potable water to all affected residents to the house and senate committees on ways and means no later than March 1, 2006; provided further, that not less than $100,000 shall be expended by the department of environmental protection to complete the collaborative effort among the executive office of environmental affairs, the department of conservation and recreation, the department of highways and the Massachusetts Historic Commission to complete and publish the final document "Historic Parkways Preservation Treatment Guidelines; and provided further, that enactment of the appropriations made available by this act to the department shall be deemed a determination, pursuant to subsection (m) of section 19 of chapter 21A of the General Laws..................$30,159,434

2200-0102
The department of environmental protection may expend an amount not to exceed $1,200,000 from revenues collected from fees collected from wetland permits; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that the department shall submit a report by January 11, 2006 on implementation of the wetlands fee, the amount of the fee increase and the revenue that has been collected; and provided further, that the wetlands fees that were directed into the General Fund shall not be lower than the amount deposited at the end of fiscal year 2004....................$1,200,000

2210-0100
For the implementation and administration of chapter 21I of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means not later than February 1, 2006 detailing the status of the department's progress in meeting the statutory and regulatory deadlines associated with chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation requirements of chapter 21I.....................$918,782

2220-2220
For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto-related state implementation program, the low emission vehicle program, the non-auto-related state implementation program, and the commonwealth's commitments under the New England Governor's/Eastern Canadian Premier's Action Plans for reducing acid rain deposition and mercury emissions...............$1,001,064

2220-2221
For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act.................$1,882,993

2250-2000
For the purposes of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws..............$1,520,085

2260-8870
For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 323F of chapter 94 of the General Laws and section 4 of chapter 21J of the General Laws.............$14,311,075

2260-8872
For the brownfields site audit program..............................................$1,749,676

2260-8881
For the operations of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws.............................$341,656

Department of Fish and Game

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

2300-0101
For a program of riverways protection, restoration and promotion of public access to rivers, including grants to public and nonpublic entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws.................................$450,829

2310-0200
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth's share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds from this item shall be made available to the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2005 for such research; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns of Montague and Sandwich; provided further, that the department shall expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended; and provided further, that the department of fish and game, the division of fisheries and wildlife and the fisheries and wildlife board shall submit a joint report to the house and senate committees on way and means by September 1, 2005 detailing a 5-year plan for the expenditures of the surplus of funds in the Inland Fish and Game Fund; provided further, that funds may be expended to supplement the natural heritage and endangered species program; provided further, that $50,000 in matching funds shall be provided to the National Marine Life Center for wetland restoration; provided further, that the executive office shall conduct a study on the severity of invasive weeds in the commonwealth's bodies of natural water; provided further, that said study shall include, but not be limited to the costs associated with full clean-up and eradication, a priority list of projects, an analysis of future environmental concerns stemming from invasive weeds, and plans for communities to prevent future growth of invasive weeds; provided further, that the executive office shall also conduct a study of the advantages and disadvantages of future maintenance of invasive weeds in the state; and provided further, that the executive office shall report to the general court the results and recommendations, if any, together with drafts of legislation necessary to carry out recommendations into effect by filing the same with the clerk of the house of representatives, the house and senate committees on ways and means, and the joint committee on environment, natural resources and agriculture on or before the last Wednesday of February 2006...................$8,700,000

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

2310-0306
For the hunter safety training program ..............................................................$444,327

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

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

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

2310-0317
For the waterfowl management program pursuant to section 11 of chapter 131 of the General Laws.................$85,000

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

2320-0100
For the administration of the public access board, including the maintenance, operation, and improvements of public access land and water areas as authorized by section 17A of chapter 21 of the General Laws; provided, that positions funded in this item shall not be subject to chapter 31 of the General Laws..........................$598,758

2330-0100
For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program, including coastal area classification, mapping and technical assistance, and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that $300,000 shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that not less than $333,000 shall be expended for the operation of the Newburyport shellfish purification plant and that plant shall generate not less than $115,000 from purification fees; provided further, that not less than $90,000 shall be expended for the joint operation of a shellfish propagation program on Cape Cod between the division and the Barnstable County Department of Health and Environment; provided further, that $50,000 shall be expended for the Family Fishing Assistance Center in the city of New Bedford; provided further, that $50,000 shall be expended for the Family Fishing Assistance Center in the city of Gloucester; provided further, that the sum expended for the School for Marine Science and Technology to help mitigate the negative economic impact to the Massachusetts ports which has resulted from the change in federal fisheries regulations in fiscal year 2006 shall not be reduced from fiscal year 2005 except in proportion to adjustments consistent with the department's budget adjustment; and provided further, that funds shall be expended for the School for Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations and shall not be reduced from fiscal year 2005 except in proportion to adjustments consistent with the department's budget adjustment .................$4,010,725

2330-0120
For the division of marine fisheries for a program of enhancement and development of marine recreational fishing and related programs and activities, including the cost of equipment maintenance, staff and the maintenance and updating of data...................$533,286

2330-0121
For the division of marine fisheries to utilize reimbursable federal sportfish restoration funds to further develop marine recreational fishing and related programs, including the costs of activities that increase public access for marine recreational fishing, support research on artificial reefs, and otherwise provide for the development of marine recreational fishing; provided, that the division of marine fisheries may expend revenues up to $217,989 collected from federal sportfish restoration funds and from the sale of materials which promote marine recreational fishing...........$217,989

Department of Agricultural Resources

2511-0100
For the operation of the department of agricultural resources, including the office of the commissioner, the expenses of the board of agriculture, the division of dairy services, and the division of regulatory services and animal health, including a program of laboratory services at the University of Massachusetts at Amherst, the expenses of the pesticides board, and the division of agricultural development and fairs; provided further, that not less than $45,000 shall be expended for shellfish propagation on the islands of Martha's Vineyard and Nantucket to be administered by the state aquaculture coordinator and Dukes and Nantucket counties; provided further, that $100,000 shall be expended for 4H activities from this item; provided further, that funds may be expended for the Southeastern Massachusetts Agricultural Partnership; provided further, that funds may be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board; provided further, that the department shall, to the extent possible, encourage corporate sponsorships for the purposes of providing agricultural fair prizes; and provided further, that funds may be expended for implementation of the agricultural marketing strategic plan, including, but not limited to, a "Buy Local" campaign and funding for agricultural business training and technical assistance .................$3,877,692

2511-0105
For the purchase of supplemental foods for the emergency food assistance program within the second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall be expended for food to be distributed by the greater Boston food bank as follows: 73.5 per cent to the greater Boston food bank, including a portion to be distributed to the Merrimack Valley food bank under a contractual agreement between the food bank and the greater Boston food bank, 15.2 per cent to the food bank of western Massachusetts, and 11.3 per cent to the Worcester county food? bank; and provided further, that the department is authorized to assess an administrative charge not to exceed 2 per cent of the total appropriation herein......$6,500,000

2511-3002
For the Integrated Pest Management program..........................$200,000

Department of Conservation and Recreation.

2800-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the operation of the department of conservation and recreation; provided, that said department shall enter into an interagency service agreement with the department of state police to provide police coverage on department of conservation and recreation properties and parkways; provided further, that not less than $100,000 shall be expended within thirty days of receipt of said funds, for the maintenance of the facility and animal upkeep of the mounted unit in the Blue Hills Reservation, which are not subject to said reimbursement to the department; provided further, that the department of state police shall reimburse said department of conservation and recreation for costs incurred by said department including, but not limited to vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division performing construction activities for the department of conservation and recreation shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of said department; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments not later than February 14, 2006; provided further, that notwithstanding the provisions of any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; provided further, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, establish and maintain a comprehensive inventory of all dams in Massachusetts, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety; provided further, that no funds shall be expended from this item for personnel overtime costs; provided further, that any employee paid from this item as of August 1, 2004, that was included in the report required from said item in chapter 149 of the acts of 2004, and any employees assigned to that item after August 1, 2004, shall not be paid from any other item of appropriation; provided further, that the department of conservation and recreation shall provide the house and senate committees on ways and means with a 30 day notice before any inter subsidiary transfers or interagency service agreements and the reason for said transfer; provided further, that no funds shall be expended for deputy commissioner positions; provided further, that no funds shall be expended for deputy associate commissioners; provided further, that the department shall maintain and retain all operations, programs, real property and employees related to the Connecticut River Action Program to promote the conservation and protection of the unique natural resources present in the Connecticut river valley; provided further, that the department of conservation and recreation shall file a report with the house and senate committees on ways and means not later than October 6, 2005 detailing the merger of the former metropolitan district commission with the former department of environmental management into the department of conservation and recreation; provided further, that said report shall include, but not be limited to, the following: (1) the names, salaries, designated by fiscal year, and the positions of all full time equivalent, personnel that were scheduled to be paid out of item 2800-0100 as of September 1, 2003, March 1, 2004, August 1, 2004, March 1, 2005 and August 1, 2005, (2) the job descriptions, employee name, current job title, and the item of appropriation said employees were assigned to in fiscal years 2002 and 2003 and the item of appropriation that they are currently funded from, (3) a list by object class and object code of all expenditures or allocations from items of appropriations under the executive office of environmental affairs in fiscal years 2004 and 2005 on the commonwealth development coordinating council, (4) a list of all deputy commissioners and deputy associate commissioners, their annual salaries and their duties, (5) the number of full time equivalent positions, that have been eliminated due to said merger, including the name, position, annual salary and documentation that said employee is no longer employed by the department because their position had been eliminated by the merger, (6) any efficiencies that have been achieved from said merger, including a list of internal support services such as finance, human resources, planning, engineering, and management, (7) a list of the staff that were reassigned or terminated because of the merger, (8) details of how the management staff have been reassigned and how they have adopted to said merger, (9) a list of all duplicative efforts and inefficient systems that have been eliminated, (10) a list of any resources that have been shared such as vehicles, heavy equipment, and computer systems, (11) a list of any other efficiencies that have been achieved because of the merger; provided further, that said secretary shall file a report on the number of employees funded through capital authorizations with the house and senate committees on ways and means not later than October 6, 2005, that shall include, but not be limited to, the following: (1) the number of full time equivalent positions delineated by fiscal year, item of appropriation and position number, job title and job code for that have been funded from capital authorizations for fiscal years 2001 to 2006 inclusive, for every item of appropriation under control of said secretary, (2) every program that has been funded from capital authorizations for fiscal years 2001 to 2006 inclusive delineated by fiscal year, program and item of appropriation and, (3) detail every full time equivalent, so-called and program that has been moved to capital authorizations since fiscal year 2001; and provided further, that notwithstanding any general or special law to the contrary, the department shall enter into a maintenance contract with a suitable vendor for the purposes of daily trash removal on Revere Beach from May 30, 2005, to September 5, 2005, inclusive, and said maintenance contract shall be funded through proceeds received by the city of Revere and the department of conservation and recreation pursuant to section 29 of chapter 236 of the acts of 2002 and section 2 of this act....................$5,477,272

2800-0101
For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the department and the office of water resources in the department of conservation and recreation; provided, that $500,000 shall be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of the payment shall be charged to the General Fund and shall not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to the authority under section 113 of chapter 92 of the General Laws; provided further, that $25,000 shall be expended for non-native plant management on Field Pond in Harold Parker State Forest in the town of Andover; provided further, that $48,000 shall be expended for the flood control activities undertaken by the Thames River Valley communities of Massachusetts in conjunction with the state of Connecticut; provided further, that $40,000 shall be expended for aquatic weed control treatments in the Upper Mystic Lake; provided further, that not less than $250,000 shall be expended for a comprehensive study, including a management plan, for the entire Taunton River watershed, in accordance with the executive office of environmental affairs "Proposal for Watershed Work Affecting Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater Discharges", dated February 11, 2003, to be conducted, in partnership, by the Old Colony Planning Council, the Southeastern Regional Planning & Economic Development District and the Watershed Access Lab at Bridgewater State College; provided further, that not less than $100,000 shall be expended for a grant to the town of Hopkinton for a detailed investigation of North Pond Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton to determine the extent of seismic testing necessary at said facility and to perform such seismic testing for liquefaction or other seismotectonic testing as may be recommended by said investigation; and provided further, that the department shall develop and implement a written plan to protect and manage the Plymouth-Carver sole source aquifer in consultation with Plymouth, Carver, Wareham, Plympton, Bourne, Middleborough and Kingston...............................$1,808,615

2800-0200
For the operation of the Commonwealth Zoological Corporation pursuant to chapter 92B of the General Laws; provided, that $50,000 shall be expended for the Buttonwood Park Zoo; provided further, that $50,000 shall be expended for the Forest Park Zoo; provided further, that funds appropriated in this item shall be expended for the purposes of promoting private fundraising, achieving self-sufficiency and serving as a catalyst for urban economic development and job opportunities for local residents; provided further, that the corporation shall take all steps necessary to increase the amount of private funding available for the operation of the zoos; provided further, that the corporation shall report to the house and senate committees on ways and means not later than February 1, 2006 on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts Zoos Business and Operations Plan, dated December, 1996; and provided further, that the corporation shall continue to provide free services and supplies including, but not limited to, routine animal check-ups, diagnosis and care, emergency veterinary needs, medications and medical supplies, vitamins and diet supplements and Zoo Prem feline diet, to the Trailside Museum and the Chickatawbut Hill Center in the town of Milton..............................$6,050,000

2800-0401
For a program to provide stormwater management for all properties and roadways under the care, custody and control of the department of conservation and recreation; provided, that the department shall develop and implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all existing stormwater infrastructure, assess its current stormwater practices, analyze long term capital and operational needs, and develop a stormwater management plan to comply with federal and state regulatory requirements; and provided further, that in order to protect public safety and to protect water resources for water supply, recreational and ecosystem uses, the department will immediately implement interim stormwater management practices including but not limited to street sweeping, inspection and cleaning of catch basins, and emergency repairs to roadway drainage........................................$500,000

2800-0500
For the freshwater and saltwater beaches under the control of the department of conservation and recreation; provided, that all beaches shall remain open and staffed from Memorial Day through Labor Day;? provided further, that the beaches shall have their full amount of required maintenance and upkeep; provided further, that the department shall file a report with the house and senate committees on ways and means not later than November 1, 2005 that shall include, but not be limited to, the following: (1) the amount of funding provided to every beach under the control of the department in fiscal years 2004 and 2005; (2) a breakdown of how the funds were spent for every beach and the services that were provided; (3) the items of appropriation used to provide funding; (4) the amount of funding to be provided for every beach in fiscal year 2006 from this item; and (5) a list of the services or materials for each beach that will be provided from this item; provided further, that not less than $35,000 shall be expended for the cleanup of Pilayella algae on the Nahant Beach Reservation; and provided further, that not less than $250,000 shall be appropriated to the Middlesex Canal Commission.............$1,035,000

2800-0600
For the pools and spray pools under the control of the department of conservation and recreation; provided, that all pools and spray pools shall remain open and staffed from Memorial Day through Labor Day;? provided further, that the pools and spray pools shall have their full amount of required maintenance and upkeep; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than November 1, 2005 that shall include, but not be limited to, the following: (1) the amount of funding provided to every pool under the control of the department in fiscal years 2004 and 2005; (2) a breakdown of how the funds were spent for every pool and the services that were provided; (3) the items of appropriation used to provide funding; (4) the amount of funding to be provided for every pool in fiscal year 2006 from this item; and (5) a list of the services or materials for each pool that will be provided from this item..................................................$750,000

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

2810-0100
For the operations of the division of state parks and recreation; provided, that funds appropriated in this item shall be used to operate all of the division's parks, heritage state parks, reservations, campgrounds, beaches and pools and for the oversight of rinks, to protect and manage the division's lands and natural resources including the forest and parks conservation services and the bureau of forestry development; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the department may issue grants to public and nonpublic entities from this item;? provided further, that $100,000 shall be expended for the Schooner Ernestina Commission; provided further, that $25,000 shall be expended for a grant to the Sutton Fire and Rescue department for park user safety equipment at the Purgatory Chasm State Reservation in the town of Sutton; and provided further, that the level of funding for the beaches and pools from this item in fiscal year 2006 shall not be reduced from fiscal year 2005......................$19,103,810

2810-0200
For summer employment programs at department of conservation and recreation facilities; provided, that the programs shall include peer-led youth recreation and interpretive programs, a youth all-star band, and a park repair and improvement program by skilled and unskilled laborers; and provided further, that the programs shall provide opportunities for underprivileged populations, especially in economic development areas....................$2,000,000

2810-2000
For the seasonal hires of the division of state parks and recreation, including hires for the forest fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2005 shall continue to receive such benefits in fiscal year 2006 during the period of their seasonal employment; provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified in this item; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period.........................$5,567,735

2810-2040
The division of state parks and recreation may expend not more than $4,454,826? from revenue collected from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system and for the personnel costs of seasonal employees; provided, that no funds from this item shall be expended for the costs of full-time equivalent personnel; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item...................................$4,454,826

2820-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the administration, operation and maintenance of the division of urban parks and recreation, including for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the division, flood control activities of the division, purchase of all necessary supplies and related equipment, and the civilianization of crossing guards located at division intersections where state police previously performed such duties; provided, that the parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the division of urban parks and recreation; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that not less than $3,902 shall be expended on additional school crossing guards for the corner of Mystic avenue and Shore drive in the city of Somerville; provided further, that the school crossing guards for the corner of Mystic avenue and Shore drive in the city of Somerville shall be named the Senator Charles E.? Shannon Crossing Guard Corps; provided further, that not less than $380,000 shall be expended for the purposes of installing lighting at the Stadium at Dilboy field along state highway route 16 in the city of Somerville, pursuant to the construction and renovation project authorized by chapter 352 of the acts of 2004;? provided further, that $45,000 shall be expended on the maintenance of Red Rock park on Lynn Shore drive, in the city of Lynn; provided further, that $60,000 shall be expended for funding of current employees of the bureau of forest fire control under their new reclassification firefighter services; provided further, that $225,000 shall be expended for maintenance and infrastructure repair of the southwest corridor park; provided further, that $50,000 shall be expended for flood mitigation at Fellsmere pond; provided further, that not less than $50,000 shall be expended for the purposes of trash removal on Revere beach between May 30th and September 5th, which shall match proceeds generated pursuant to section 29 of chapter 236 of the acts of 2002; provided further, that $297,000 shall be expended for the James Michael Curley Recreation Center in the city of Boston;; provided further, that $40,000 shall be provided for a traffic study administered by the commissioner of the department of conservation and recreation shall be commissioned to improve public safety along Nonantum road and adjacent parklands, including developing alternatives for narrowing the parkway cross-section, alternatives for safety improvements at the intersections of Charlesbank road and Maple street, alternatives for landscape, pathway, lighting, and drainage improvements, and a schedule and cost estimate for the design and construction of the recommendation; provided further, that the commissioner shall report progress to the Stewardship Council at each meeting until the study reaches completion; provided further, that the commissioner shall ensure public input through two public hearings held in Newton and Watertown during the study - one prior to the initial recommendation, one after release of the initial recommendation but prior to the final recommendation; provided further, that the commissioner shall ensure public awareness by publishing quarterly progress reports on the department of conservation and recreation website's press release section; and provided further, that upon completion of the study, the commissioner shall deliver the recommendation of the study along with a report addressing public opinion not reflected in the recommendation to the Stewardship Council provided further, that the commissioner shall develop a capital project plan to enact the recommendation of the traffic study, including design and implementation; provided further, that $95,000 shall be allocated for a private contractor to maintain the department of conservation and recreation Lynn Shore Drive facility; provided further, that the commissioner shall submit this plan for the next fiscal year budget following the completion of the traffic study; provided further, that $250,000 shall be expended for the creation and maintenance of a linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham to complete the project created in chapter 149 of the acts of 2004; provided further, that not less than $250,000 shall be expended for Camp Meigs located in the Readville section of the city of Boston; provided further, that not less than $250,000 shall be expended for a study on the Neponset river master plan; provided further, that the level of funding for the beaches and pools from this item in fiscal year 2006 shall not be reduced from fiscal year 2005......................$23,608,929

2820-0101
For the costs associated with the department's urban park rangers specific to the security of the state house; provided, that the commissioner shall collaborate and coordinate with the legislature's joint committee on rules on the development of a plan of security for the state house and shall file the report to the house and senate committees on ways and means not later than December 15, 2005; and provided further, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house....................$1,750,000

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

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

2820-1001
The division of urban parks and recreation may expend not more than $50,000 from revenue collected for the operation and maintenance of the division's telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways central artery/Ted Williams tunnel project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, that nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system.....................$50,000

2820-2000
For the expenses of maintaining the parkways within the division of urban parks and recreation, including the costs of personnel and snow and ice removal expenses; provided, that the department of conservation and recreation shall take all measures to ensure that the department's snow and ice control efforts are efficient and cost effective; provided further, that the secretary of environmental affairs shall submit to the house and senate committees on post audit and oversight and the house and senate committees on ways and means a report detailing a snow emergency plan for roads, bridges and sidewalks under the care of the department of conservation and recreation by October 1, 2005; provided further, that the secretary of environmental affairs shall submit to the house and senate committees on post audit and oversight and the house and senate committees on ways and means a report not later than September 1, 2005 which shall include, but not be limited to, the following: (a) a list of amounts paid from state appropriations for snow and ice control efforts for fiscal years 1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005, and (b) any other information that said secretary determines is necessary to account for and explain the extraordinary expenditure of state appropriations for the control and removal of snow and ice......................................................$1,547,434

2820-3001
The division of urban parks and recreation may expend not more than $1,000,000 from revenue collected from skating rink fees and rentals for the operation and maintenance, including personnel costs, of 4 rinks between September 1, 2005 and April 30, 2006 for an expanded and extended rink season; provided, that when assigning time for the use of its rinks, the division shall give priority to those which qualify under applicable state and federal law as nonprofit organizations or as a public school.............................................$1,000,000

2820-4420
For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend not more than $1,100,000 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30.................$1,100,000

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

2820-9005
For the operation of street lighting on the division of urban parks and recreation parkways; provided, that no expenditure shall be made other than in the GG object class; provided further, that the department of conservation and recreation shall take all measures to further ensure that said department's street lighting efforts are efficient and cost effective; provided further, that said department shall implement a plan to achieve efficiencies and reduce said lighting costs; and provided further, that said department shall file a report with the house and senate committees on ways and means not later than September 1, 2005 on measures taken to ensure efficiency and cost effectiveness of their street lighting program that shall include, but not be limited to, the following: (1) all efforts taken by said department to reduce street lighting costs in fiscal years 2002, 2003, 2004 and 2005, and (2) efforts to reduce the amount paid for electricity through bulk purchasing agreements, (3) a long range plan on energy savings initiatives...................$2,606,651

Department of Early Education and Care

3000-1000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For the administration of the department of early education and care and the costs of field operations and licensing provided through the department; provided, that funds from this item shall be expended to develop an implementation plan for a workforce development system in collaboration with the board and chancellor of higher education, pursuant to section 5 of chapter 15D of the General Laws; provided further, that funds from this item shall be expended on the development and piloting of a kindergarten readiness assessment system that is educationally sound; provided further, that funds from this item shall be expended on the development of a comprehensive evaluation system for all early education and care programs in the commonwealth; provided further, that, not later than November 30, 2005, the? department shall report to the secretary of administration and finance, the chairpersons of the joint committee on education, and the chairpersons of the house and senate ways and means committee on the information technology needs of the department, including the cost of a comprehensive database of early childhood educators and providers for the purpose of enhancing the workforce development system, and a database of children both waiting for and receiving early education and care services which is compatible with the SIMS database, and any other relevant database at the department of education or the executive office of health and human services; provided further, that the report shall also include an analysis of the costs associated with the development of a comprehensive and scientifically valid longitudinal study of the effectiveness of various early education and care programs and services, including but not limited to, comprehensive and consistent pre-school services provided to children from the age of two years and nine months through entrance into kindergarten; provided further, that the department shall report quarterly to the joint committee on education, the joint committee on children and families, the house and senate committees on ways and means, and the secretary of administration and finance on the unduplicated number of children on waiting lists for state-subsidized early education and care programs and services; provided further, that notwithstanding chapter 66A of the General Laws to the contrary, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of education, the department of transitional assistance, the department of social services, and the department of public health may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes; provided further, that the commissioner of the department of early education and care may transfer funds between items 3000-1000, 3000-2000, 3000-4000, 3000-4050, 3000-5000, 3000-7050, 3000-7060, and 3000-7070, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days prior to any such transfer; provided further, that no more than 5 percent of any item may be transferred in fiscal year 2006; and provided further, that the department shall consult with the department of education and the executive office of health and human services to ensure continuity in the grant process............$9,570,077

3000-2000
For the regional administration of early education and care programs and services and related early education and care activities; provided, that the activities shall include, but not be limited to, voucher management, regional child care provider training, resource and referral for children with disabilities in child care programs, community-based programs that provide direct services to parents and coordination of waiting lists for state-subsidized child care; provided further, that the department shall administer the child care resource and referral system through the regional offices funded in this item; provided further, that the regional offices shall collaborate with the board and commissioner of early education and care to produce the workforce development plan required under section 5 of chapter 15D of the General Laws; and provided further, that not later than February 15, 2006, the department shall issue a report to the secretary of administration and finance, the chairpersons of the house and senate committees on ways and means, the house and senate chairpersons of the education committee, and the house and senate chairpersons of the joint committee on children and families, detailing the budgets of each regional office, with a breakdown, by regional office, of the amounts spent on administration, voucher and contract management, data and technology purchase to support the data analysis being done by said offices, professional and workforce development, and such other categories of expenditure as the commissioner may feel are appropriate............$10,263,252

3000-2050
For the administration of the Children's Trust Fund; provided, that notwithstanding any general or special law to the contrary, the department of early education and care shall collaborate with Children's Trust Fund on the implementation of section 202 of chapter 6 of the General Laws, but shall not exercise any supervision or control with respect to the board.....................$882,307

3000-3050
For supportive child care associated with the family stabilization program; provided, that, notwithstanding the provisions of any general or special law to the contrary, services funded by this item shall be provided by the department of early education and care established pursuant to chapter 15D of the General Laws; and provided further, that funds from this item shall only be expended for child care costs of children with active cases at the department of social services......................................$49,077,019

3000-4000
For preschool programs and services provided to children from the age of 2 years and 9 months until they are kindergarten eligible, through a mixed system of service delivery including? cities, towns, regional school districts, educational collaboratives, head start programs, and licensed day care providers, pursuant to section 54 of chapter 15 of the General Laws; provided, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary; provided further, that in any city or town in which there was only 1 lead agency in fiscal year 1995, such lead agency shall serve as lead agency to submit proposals pursuant to section 54 of said chapter 15; provided further, that the amount by which the funds appropriated in this item exceed the amount appropriated in item 7030-1000 of chapter 60 of the acts of 1994 shall be used to provide services to the children of working parents; provided further, that funds appropriated in item 7030-1000 prior to 1994 shall continue to be used for at risk children and special education purposes; provided further, that in allocating the funds and evaluating grant applications, the board of early education and care shall give priority consideration to 3 and 4-year-old children in cities and towns where high concentrations of low-income working families reside; provided further, that not less than one-third of the total slots funded by the amount by which the funds appropriated in this item exceed the amounts appropriated in item 7030-1000 of chapter 60 shall be for full-day, full-year care that meets the needs of working parents; provided further, that councils shall give priority in awarding expansion slots to children on the waitlist formerly maintained by the office of child care services; provided further, that these children shall retain priority status for future services available through the department upon attaining the age of 5, notwithstanding the receipt of services funded through this item;? provided further, that eligibility standards for said services shall be the same as those used by the department of education in fiscal year 2005; provided further, that no funds shall be expended from this item for administrative costs of the department of early education and care; provided further, that funds may be expended for administrative costs of local councils; and provided further, that recipients of grants distributed from this item shall not expend more than 8 per cent of the grants for administrative costs as defined by the department of education in fiscal year 2005.....................$68,700,570

3000-4050
For child care vouchers and contracted child care programs for low-income families; provided, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted child care slots funded from this item and item 3000-3050 by category of eligibility;? provided further, that the report shall include the number of recipients subject to subsection (f) of section 110 of chapter 5 of the acts of 1995 funded from this item; provided further, that notwithstanding any general or special law to the contrary, the office shall perform post-audit reviews on a representative sample of the income-eligibility determinations performed by vendors receiving funds from this item; provided further, that the department shall report quarterly to the joint committee on education, the joint committee on children and families, the house and senate committees on ways and means and the secretary of administration and finance on the error rate, if any, in income-eligibility determinations calculated by the post audit reviews; provided further, that notwithstanding any language to the contrary, funding for child care shall be provided as a priority, to recipients of benefits under the employment services program or any successor program, to recipients of benefits under the program of transitional aid to families with dependent children, former recipients of transitional aid who are employed during the year after termination of benefits, former recipients of transitional aid participating in education or training programs authorized by department of transitional assistance regulations, parents under the age of 18 currently enrolled in a job training program who would qualify for benefits under? chapter 118 of the General Laws, said section 110 of said chapter 5 or any other applicable law or regulation, but for the deeming of grandparents' income, and for former recipients of transitional aid to families with dependent children who are employed or in an authorized period of job search as of the expiration of the transitional year, and require post-transitional child care vouchers; provided further, that recipients of transitional aid shall not be charged fees for child care provided under this item; provided further, that not less than 500 child care slots shall be reserved for children in the foster care program at the department of social services; provided further, that income-eligible child care programs shall be funded from this item; provided further, that income eligible programs shall not include the employment services child care program, transitional child care programs, or post-transitional child care programs; provided further, that not less than $138,353,258 shall be expended for income-eligible child care programs in fiscal year 2006; provided further, that child care for the children of teen parents receiving transitional aid to families with dependent children benefits, teen parents receiving supplemental security income payments and whose dependent children receive the aid, and teen parents at risk of becoming eligible for transitional aid to families with dependent children benefits shall be paid from this item; provided further, that all teens eligible for year-round full-time child care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations promulgated for the program of transitional aid, whether or not such teens are recipients of benefits from the program; provided further, that informal child care benefits shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for such services; provided further, that child care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to child care for all eligible individuals; and provided further, that all child care providers that are part of a public school system shall be required to accept child care vouchers from recipients funded through this appropriation............................$292,473,570

3000-5000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For grants to head start programs; provided, that, notwithstanding the provisions of any general or special law to the contrary, programs and services eligible for funding through this item shall receive such funding only after application to, and approval by, the department of early education and care established pursuant to chapter 15D of the General Laws..........................$7,500,000

3000-6000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For early education and care quality expenditures; provided, that, notwithstanding the provisions of any general or special law to the contrary, services funded by this item shall be provided by the department of early education and care established pursuant to chapter 15D of the General Laws; provided, that not less than $1,321,145 shall be expended for activities to increase the supply of quality early education and care for infants and toddlers; provided further, that not less than $1,000,000 shall be expended for resource and referral services provided through item 3000-2000; provided further, that not less than $234,248 shall be expended for school-age child care activities; provided further, that no funds from this item shall be used to fund capital assets or equipment for for-profit providers or agencies; provided further, that no funds shall be expended for the DD object class expenses of the department, out of state travel, bottled water, chargebacks, office equipment, prior year deficiencies, or the Virtual Gateway system; and provided further, that no funds shall be expended, obligated or transferred from this item prior to the submission of written certification by the commissioner to the house and senate committees on ways and means that all planned expenditures and allocations from this item shall have no fiscal impact beyond fiscal year 2006...........$4,120,403

3000-7000
For statewide neonatal and postnatal home parenting education and home visiting programs for at-risk newborns to be administered by the Children's Trust Fund; provided, that the department shall collaborate with the Children's Trust Fund, whenever feasible and appropriate, to coordinate services provided though this item with services provided through items 3000-7050, 3000-7060 and 3000-7070, in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department; provided further, that such services shall be made available statewide to parents under the age of 21 years; and provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents......................$12,241,352

3000-7050
For the Mass Family Networks program; provided, that, notwithstanding the provisions of any general or special law to the contrary, programs and services eligible for funding through this item shall receive such funding only after application to, and approval by, the department of early education and care established pursuant to chapter 15D of the General Laws; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through items 3000-7000 and 3000-7060 and 3000-7070, in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department.....................$5,295,694

3000-7060
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For grants for home-based parenting and family literacy program known as the Parent-Child Home Program; provided, that notwithstanding the provisions of any general or special law to the contrary, programs and services eligible for funding through this item shall receive such funding only after application to, and approval by, the department of early education and care established pursuant to chapter 15D of the General Laws; provided further, that the department of education shall distribute the funds to expand capacity at existing Parent-Child Home Program sites and to establish replication sites in cities and towns where high concentrations of low income families reside; provided further, that for grants awarded to establish the replication sites, the department shall consider applications from school districts or social service agencies that demonstrate the capacity to replicate the home visiting program to serve area low income families; provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through items 3000-7000, 3000-7050 and 3000-7070, in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department; and provided further, that the preference for the grants shall be given to applicants who demonstrate a commitment to maximize federal and local funding for the operation of the replication site...........................$2,000,000

3000-7070
For matching grants to fund the Reach Out and Read program, to provide books to at-risk children through book distribution programs established in community health centers, medical practices and hospitals for at-risk children; provided, that the funds distributed through this program shall be contingent upon a match of not less than $1 in private or corporate contributions for every $1 in state funding distributed through the grant program; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through items 3000-7000, 3000-7050 and 3000-7060 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department...............$500,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary

4000-0112
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For matching grants to boys' and girls' clubs, YMCA and YWCA organizations, nonprofit community centers, and youth development programs; provided, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further, that not less than $2,000,000 shall be expended for the Massachusetts Alliance of Boys and Girls Clubs; provided further, that not less than $80,000 shall be expended for the young parents program of the Newton Community Service Centers; provided further, that not less than $40,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the public partnership program between the town of Saugus and the Saugus YMCA and YWCA; provided further, that not less than $50,000 be expended for programs and improvements at the Northeast Family YMCA; provided further, that not less than $50,000 be expended for programs and improvements at the Haverhill YWCA; provided further, that not less than $500,000 shall be expended for the YMCA of greater Boston to facilitate capital projects approved by the board of directors of the YMCA including, but not limited to, capital projects in the town of Norwood, the West Roxbury section of Boston, East Boston, Woburn, Bedford and in other cities and towns within the greater Boston area; provided further, that not less than $100,000 shall be expended for programs and improvements to the YWCA of Newburyport; provided further, that not less than $50,000 shall be expended for the Project Adventure Youth Leadership Program administered by Family Services Incorporated of Lawrence; provided further, that not less than $50,000 shall be expended for programs at the Girls Incorporated of Holyoke drop-in center; provided further, that not less than $25,000 shall be expended for programs at the Fishing Academy, Incorporated; provided further, that not less than $225,000 shall be expended for Camp Coca Cola New England to provide youth development services with an emphasis on leadership training and community service; provided further, that no less than $125,000 shall be expended for the Greater Worcester YMCA Youth Programs; provided further, that not less than $50,000 shall be expended for the Chelsea YMCA for building rehabilitation purposes; provided further, that not less than $40,000 shall be expended for the Saugus YMCA; provided further, that not less than $50,000 shall be expended to the Franklin Community Action Corporation for youth service; provided further, that not less than $150,000 shall be expended for nonprofit Youth Services in Andover; provided further, that not less than $25,000 shall be expended for the Southwick Recreation Center, Inc.; and provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amount distributed in fiscal year 2006 by March 1, 2006.....................$3,610,000

4000-0300
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the executive office, including the operation of the managed care oversight board; provided, that the executive office shall provide technical and administrative assistance to agencies under the purview of the secretariat receiving federal funds; provided further, that the executive office and its agencies, when contracting for services on the islands of Martha's Vineyard and Nantucket, shall take into consideration the increased costs associated with the provision of goods, services, and housing on said islands; provided further, that the executive office shall monitor the expenditures and completion timetables for systems development projects and enhancements undertaken by all agencies under the purview of the secretariat, and shall ensure that all measures are taken to make such systems compatible with one another for enhanced interagency interaction; provided further, that the executive office shall continue to develop and implement the common client identifier; provided further, that the executive office shall ensure that any collaborative assessments for children receiving services from multiple agencies within the secretariat shall be performed within existing resources; provided further, that funds appropriated herein shall be expended for the administrative, contracted services and non-personnel systems costs related to the implementation and operation of programs authorized by sections 9A to 9C, inclusive, and sections 16B and 16C of chapter 118E of the General Laws; provided further, that such costs shall include, but not be limited to, pre-admission screening, utilization review, medical consultants, disability determination reviews, health benefit managers, interagency service agreements, the management and operation of the central automated vendor payment system, including the recipient eligibility verification system, vendor contracts to upgrade and enhance the central automated vendor payment system, the medicaid management information system and the recipient eligibility verification system MA21, costs related to the information technology chargebacks, contractors responsible for system maintenance and development, personal computers and other information technology equipment; provided further, that 50 per cent of the cost of provider point of service eligibility verification devices purchased shall be assumed by the providers utilizing the devices; provided further, that the executive office shall assume the full cost of provider point of service eligibility verification devices utilized by any and all participating dental care providers; provided further, that in consultation with the division of health care finance and policy, no rate increase shall be provided to existing medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that expenditures for the purposes of each item appropriated for the purpose of programs authorized by chapter 118E of the General Laws shall be accounted for according to such purpose on the Massachusetts management accounting and reporting system not more than 10 days after such expenditures have been made by the medicaid management information system; provided further, that no expenditures shall be made for the purpose of such programs that are not federally reimbursable, except as specifically authorized herein, or unless made for cost containment efforts the purposes and amounts of which have been submitted to the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the executive office may continue to recover provider overpayments made in the current and prior fiscal years through the medicaid management information system, and that such recoveries shall be deemed current fiscal year expenditure refunds; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means the amounts of said expenditure refunds credited to each item of appropriation; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means the amount of hand generated payments, to providers by item of appropriation from which said payments were made; provided further, that the executive office may collect directly from a liable third party any amounts paid to contracted providers under chapter 118E of the General Laws for which the executive office later discovers another third party is liable if no other course of recoupment is possible; provided further, that no funds shall be expended for the purpose of funding interpretive services directly or indirectly related to a settlement or resolution agreement, with the office of civil rights or any other office, group or entity; provided further, that interpretive services currently provided shall not give rise to enforceable legal rights for any party or to an enforceable entitlement to interpretive services; provided further, that notwithstanding any general or special law to the contrary, for fiscal year 2006 the definition of a rural hospital shall mean an acute care hospital as defined under section twenty-five B of chapter 111 of the General Laws and licensed under said chapter 111, which: (1) has been designated by the executive office as a rural hospital based on bed size, city or town population, and population density of the city, town, service area or county as determined by the executive office through regulation; or (2) is a hospital currently designated as a Critical Access Hospital by the Federal Department of Health and Human Services in accordance with federal regulations and state requirements; provided further, that the federal financial participation received from claims filed for the costs of outreach and eligibility activities performed at certain hospitals or by community health centers which are funded in whole or in part by federally permissible in-kind services or provider donations from the hospitals or health centers, shall be credited to this item and may be expended without further appropriation in an amount specified in the agreement with each donating provider hospital or health center; provided further, that the federal financial participation received from claims filed based on in-kind administrative services related to outreach and eligibility activities performed by certain community organizations, under the so-called "covering kids initiative" and in accordance with the federal revenue criteria in 45 CFR 74.23 or any other federal regulation which provides a basis for federal financial participation, shall be credited to this item and may be expended, without further appropriation, on administrative services including those covered under an agreement with the organizations participating in the initiative; provided further, that a hospital with a unit designated as a pediatric specialty unit, or which maintains a level 1 burn and trauma center for pediatrics as defined in this item shall be exempt from the inpatient and outpatient efficiency standards being applied to their rate methodology; provided further, that notwithstanding section 1 of chapter 118G of the General Laws or any general or special law to the contrary, for fiscal year 2006 the definition of a "pediatric specialty unit" shall mean a level 1 burn and trauma center for pediatrics or a pediatric unit of an acute care hospital in which the ratio of licensed pediatric beds to total licensed hospital beds as of July 1, 1994, exceeded 0.20; provided further, that in calculating that ratio, licensed pediatric beds shall include the total of all pediatric service beds, and the total of all licensed hospital beds shall include the total of all licensed acute care hospital beds, consistent with Medicare's acute care hospital reimbursement methodology as put forth in the Provider Reimbursement Manual Part 1, Section 2405.3G; provided further, that notwithstanding the provisions of any general or special law to the contrary, the executive office shall require the commissioner of mental health to approve any prior authorization or other restriction on medication used to treat mental illness in accordance with written policies, procedures and regulations of the department of mental health; provided further, that federal reimbursements received for administrative expenditures made pursuant to this item shall be credited proportionally to the General Fund and the Children's and Seniors' Health Care Assistance Fund, established under section 2FF of chapter 29 of the General Laws, in the same percentages as expenditures are made from this item; provided further, that in fiscal year 2006, the executive office of health and human services shall include within its MassHealth covered services comprehensive dental benefits which were in effect on January 1, 2002, for pregnant womenand mothers until their youngest child reaches the age of 3; provided further, that in fiscal year 2006, the executive office of health and human services shall include within its MassHealth covered services smoking and tobacco use cessation treatment and information for pregnant women and mothers until their youngest child reaches the age of 3; provided further, that smoking and tobacco use cessation treatment and information benefits shall include nicotine replacement therapy, other evidence-based pharmacologic aids to quitting smoking, and accompanying counseling by a physician, certified tobacco use cessation counselor, or other qualified clinician; provided further, that the executive office shall take all necessary steps to ensure that the comprehensive dental benefits and smoking and tobacco cessation treatment and information benefits shall be eligible for federal reimbursement; and provided further, that the executive office shall promulgate regulations establishing the smoking and tobacco use cessation treatment and information benefit program; provided further, that in determining inpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions, rate adjustments and passthrough payments, as was in effect on July 1, 2003, except as provided in item 4000-1401; provided further, that in determining outpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions and rate adjustments, as was in effect on October 1, 2003; provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient services at acute care pediatric hospitals and pediatric specialty units as defined in section 1 of chapter 118G of the General Laws, the executive office shall make a supplemental payment, if necessary, sufficient to assure that payment for inpatient cases with a case mix acuity greater than 5.0 shall be at least equal to 85% of the expenses incurred in providing services to those children; provided further, that said executive office shall not reduce the supplement to chronic disease and rehab hospitals administrative day rate below that which was granted during hospital fiscal year 2005; provided further, that said executive office in fiscal year 2006 shall not eliminate payment to hospital outpatient departments for primary care provided to MassHealth members; provided further, that not later than September 1, 2005, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing reasons for increases in chargebacks between fiscal years 2005 and 2006 for all 17 executive office cluster agencies including, but not limited to, service rates used in determining each charge type, number of staff hours per agency per service type, and a subsequent explanation as to how the increases result in a cost savings for each agency and the commonwealth, and why there is no subsequent decrease in either the cluster agency's or the executive office's administrative costs; and provided further, that the report shall provide a detailed explanation and crosswalk of the transition of both funding and staff members from each agency to the executive office in fiscal years 2005 and 2006 for consolidation of centralized services; provided further, that the executive office, in consultation with the division of health care finance and policy, shall submit a report on the implementation of the "virtual gateway" project; provided further, that the report shall include, but not be limited to: (i) a list of providers that used the virtual gateway system in hospital fiscal year 2005; (ii) a list of providers who are scheduled to receive the virtual gateway system in hospital fiscal year 2006; (iii) an assessment of the current capability of the virtual gateway to screen eligibility for multiple health and human services benefits; (iv) the number of applications for MassHealth filed through the virtual gateway delineated by provider and MassHealth program; (v) the approval rate of MassHealth applications filed through the virtual gateway compared to applications filed through other means and the impact on overall MassHealth enrollment; (vi) the average time required for approval of applications filed through the virtual gateway; (vii) an assessment of the impact of the virtual gateway system on free care costs at participating providers compared to non-participating providers in hospital fiscal year 2005; (viii) a survey of participating hospitals measuring the decreased or increased administrative costs for hospital staff; and (ix) the total state cost of the virtual gateway project in state fiscal years 2005 and 2006 and the amount of expected federal participation received for those expenditures; provided further, that the executive office shall submit its report to the chair of the house and senate committees on ways and means, and the chair of the joint committee on health care financing not later than February 1, 2006; provided further, that in determining the inpatient and outpatient nonacute hospital rates of payment, the executive office and its contractors shall utilize a payment methodology so that rates of payment are not less than those in effect during fiscal year 2005; and provided further, that notwithstanding any general or special law to the contrary, the executive office shall adopt regulations which restrict eligibility and covered services only after public notice and hearing..................................$126,159,490

General Fund.........................................................................85.84%

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

4000-0320
The executive office may expend an amount not to exceed $291,000,000 from the monies received from recoveries of any current or prior year expenditures and collections from liens, estate recoveries, third party recoveries, drug rebates, accident and trauma recoveries, case mix recoveries, computer audits, insurance recoveries, provider overpayment recoveries, bankruptcy settlements, Masspro and Healthpro refunds, medicaid fraud returns, data match returns, Medicare appeals, and program and utilization review audits; provided further, that additional categories of recoveries and collections, including the balance of any personal needs accounts collected from nursing and other medical institutions upon a recipient's death and held by the executive office for more than 3 years, may, notwithstanding any general or special law to the contrary, be credited to this item; provided, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; provided further, that the executive office shall file quarterly with the house and senate committees on ways and means, a report delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures..................$291,000,000

4000-0351
For the operations of the office of residential placement and licensure........................$737,593

4000-0352
For MassHealth enrollment outreach grants to public and private nonprofit groups to be administered by the executive office; provided, that the executive office shall provide grants for continuation of the Covering Kids and Families program, including grants to coalitions receiving Covering Kids and Families grants; and provided further, that the executive office shall provide grants for the Western Massachusetts Health Access Network, of 13 community-based organizations to provide enrollment assistance and outreach for MassHealth and other publicly-funded health coverage programs; provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amounts distributed in fiscal year 2006 by March 1, 2006 and the extent to which any portion of resulting expenditures are eligible for federal reimbursement..............$500,000

4000-0430
For the commonhealth program to provide primary and supplemental medical care and assistance to disabled adults and children under sections 9A, 16 and 16A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that the executive office shall maximize federal reimbursement for state expenditures made on behalf of such adults and children; provided further, that children shall be determined eligible for the medical care and assistance if they meet the disability standards as defined by the executive office, which standards shall be no more restrictive than the standards in effect on July 1, 1996; and provided further, that the executive office shall process commonhealth applications within 45 days of receipt of a completed application or within 90 days if a determination of disability is required...................$84,696,753

4000-0500
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For health care services provided to medical assistance recipients under the executive office's primary care clinician/mental health and substance abuse plan or through a health maintenance organization under contract with the executive office; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that said secretary shall take all steps necessary to maximize enrollment in managed care organizations in order to utilize federal dollars available under the federal upper payment limit cap; provided further, that the secretary shall submit a report to the house and senate committees on ways and means which shall include MassHealth enrollment in a managed care organization as of July 1, 2005 compared to said enrollment on December 1, 2005; provided further, that said report shall be submitted not later than December 15, 2005; provided further, that the secretary of health and human services and the commissioner of mental health shall report quarterly to the house and senate committees on ways and means relative to the performance of the managed care organization under contract with the executive office to administer the mental health and substance abuse benefit; provided further, that such quarterly reports shall include, but not be limited to, analyses of utilization trends, quality of care and costs across all service categories and modalities of care purchased from providers through the mental health and substance abuse program, including those services provided to clients of the department of mental health; provided further, that in conjunction with the new medicaid management information system project, said executive office study the feasibility of modifying its claim payment system, in collaboration with the MassHealth behavioral health contractor, to routinely process for payment valid claims for medically necessary covered medical services to eligible recipients with psychiatric and substance abuse diagnoses on a timely basis in an effort to avoid delay and expenses incurred by lengthy appeals processes; provided further, that said secretary shall report to the house and senate committee on ways and means not later than February 1, 2006 the results of said study, any proposed modifications to said payment system, and a timeline of steps to be taken to implement said modifications; provided further, that not less than $12,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units, including pediatric chronic and rehabilitation long-term care hospitals as allowable under federal law; and provided further, that $11,700,000 shall be expended on disproportionate share payments to high public payer hospitals........................................$2,102,005,676

Department of Elder Affairs Office of the Secretary

4000-0600
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For health care services provided to medical assistance recipients under the department's senior care plan; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that not less than $9,240,000 shall be expended for a demonstration project known as the "community choices" initiative; provided further, that under the demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver shall be covered for any needed community services, including case management, from among those services available under the waiver or under the commonwealth's Title XIX state plan, for the purpose of delaying or preventing an imminent nursing home admission; provided further, that elders enrolled in the waiver at risk of imminent nursing home admission shall be provided information about the availability of such services; provided further, that for elders who have been determined to be at such imminent risk, have chosen to remain in the community, and for whom community care is medically appropriate, the department shall establish a funding level that, on a monthly average basis, is equal to 50 per cent of the median monthly per capita expenditure made by the department for nursing facility services provided to elders; provided further, that such funding level may include the costs of needed waiver services or other needed community services available to the elders under the state plan; provided further, that the executive office shall enter into an agreement with each aging service access point participating in the demonstration, which shall describe a system to be followed by each aging service access point, in accordance with state law and requirements under Title XIX of the Social Security Act, for coordination of both waiver and non-waiver community services needed by such eligible elders; provided further, that each aging services access point receiving funds under the demonstration project shall submit monthly reports to the executive office of health and human services and to the executive office of elder affairs on the care provided and the service expenditures made under the 2176 elder care waiver and such other information as specified by the department and the executive office; provided further, that the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing the projected costs and the number of individuals served by the "community choices" initiative in fiscal year 2006 delineated by federal poverty level; provided further, that the report shall be submitted not later than February 1, 2006; provided further, that in the event the division of health care finance and policy conducts or utilizes an audit of nursing facilities' calendar year 2002 base year costs for the purpose of reducing rates below levels that would be in effect in the absence of the audit, the division shall disallow no more than $22,000,000 in the aggregate in fiscal year 2006 rates; provided further, that notwithstanding any general or special law to the contrary, the regulations, criteria and standards for determining admission to and continued stay in a nursing home in fiscal year 2006 shall not be more restrictive than those regulations, criteria and standards in effect on January 1, 2004 until the executive office of health and human services and the executive office of elder affairs submit a multi-year plan to the house and senate committees on ways and means and the joint committee on health care financing detailing the suggested timeline for phasing in changes to nursing home clinical criteria, provided that these changes shall not adversely affect current nursing home residents and shall not jeopardize the effectiveness of the 2176 home and community based waiver; provided further, that notwithstanding any general or special law to the contrary, for any nursing home or nonacute chronic disease hospital that provides kosher food to its residents, the department, in consultation with the division, in recognition of the unique special innovative program status granted by the executive office, shall for any nursing home or nonacute chronic disease hospital that provides kosher food to its residents, establish the lower of (1) actual increased cost; or (2) up to a $5 per day increase to the standard payment rates to reflect the high dietary costs incurred in providing kosher food and shall apply such increase effective July 1, 2003; provided further, that not less than $75,000 shall be made available to reimburse providers of dementia-specific adult day care at the rate paid on January 1, 2003; provided further, that effective July 1, 2005, nursing facility Medicaid rates shall be adjusted by no less than $43,500,000 in the aggregate for the purpose of funding inflationary cost; provided further, that the department shall in correlation with the senior care options program explore options for enrolling the senior care population into managed care programs through federal waivers or other necessary means; provided further, that the secretary of elder affairs may transfer not more than 3 per cent of funds appropriated in this item to item 4000-0620; provided further, that the executive office shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer; provided further, that notwithstanding any general or special law to the contrary, medicaid rates paid by the commonwealth through the office of medicaid or its third party agents to cover the cost of care provided by the only mentally involved/medically involved (MIMI) nursing facility in the commonwealth shall be sufficient to cover the cost of care provided by such a facility, and in no event shall be less than 15 per cent more than the fiscal year 2005 medicaid reimbursement per patient day received by such a facility; provided further, that not less than $2,000,000 shall be expended for the purpose of a housing with services demonstration project known as the "Caring Homes" initiative designed to delay or prevent nursing home placement by providing caregiving services to an elder; and provided further, that under said demonstration project, eligible MassHealth enrollees shall be able to live in the home of an individual or relative, with the exception of spouses and dependent children, to provide for their long term supports, pursuant to regulations promulgated by said executive office..............$1,890,925,627

4000-0620
For the senior care options program; provided, that the secretary of elder affairs may transfer not more than 15 per cent of funds appropriated in this item to item 4000-0600; and provided further, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer......................$67,998,937

4000-0700
For health care services provided to medical assistance recipients under the executive office's health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office's managed care or senior care plans; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated in this item; provided further, that notwithstanding the foregoing, funds may be expended from this item for the purchase of third party insurance including, but not limited to, Medicare for any medical assistance recipient including, but not limited to, seniors; provided further, that not more than $10,000,000 may be expended for activities relating to disability determinations or utilization management and review, including patient screenings and evaluations, regardless of whether such activities are performed by a state agency, contractor, agent or provider; and provided further, that the executive office shall submit a report to the executive office of administration and finance and the house and senate committees on ways and means not later than March 1, 2006 detailing the activities described in the preceding proviso to be expended from this item during fiscal year 2006...........................$1,586,991,439

4000-0860
For MassHealth benefits provided to children and adults under clauses
(a), (b), (c), (d) and (h) of subsection (2) of section 9A of chapter 118E of the
General Laws; provided, that no funds shall be expended from this item for children and adolescents under clause
(c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the executive office, exceeds 150 per cent of the federal poverty level; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; and provided further, that all federal reimbursements received for expenditures from this item under Title XIX and Title XXI of the Federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund............$391,509,801

Children's and Seniors' Health

Care Assistance Fund..........................................................................100.0%

4000-0870
For health care services provided to adults participating in the medical assistance program pursuant to clause (g) of subsection (2) of section 9A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to such recipients in prior fiscal years.................$61,326,314

4000-0875
For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall provide benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level, subject to continued federal approval;? provided further, that eligibility for such benefits shall be extended solely for the duration of such cancerous condition; provided further, that prior to the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer at the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with item 4570-1512 of section 2D; provided further, that the executive office shall continue to seek federal approval for the implementation of a cost sharing system, including co-payments and sliding scale premiums for women whose annual income is between 133 per cent and 250 per cent of the federal poverty level; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years.........$5,170,243

4000-0880
For MassHealth benefits under clause (c) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws for children and adolescents whose family incomes as determined by the executive office are above 150 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to the children and adolescents in prior fiscal years; and provided further, that all federal reimbursements received for expenditures from this item under Title XXI of the Federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund..................$27,509,997

Children's and Seniors' Health

Care Assistance Fund........................................................................100.0%

4000-0890
For the cost of health insurance premium subsidies paid to employees of small businesses participating in the insurance reimbursement program pursuant to the provisions of section 9C of chapter 118E of the General Laws; provided, that all federal reimbursements received for expenditures from this item pursuant to the provisions of Title XIX and Title XXI of the federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund; and provided further, that expenditures made for the purposes of this item shall not exceed the amount appropriated herein............$36,746,765

Children's and Seniors' Health

Care Assistance Fund .....................................................................................100.0%

4000-0891
For the cost of health insurance subsidies paid to employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office of health and human services shall directly market the program to private human service providers that deliver human and social services under contract with departments within the executive office and the department of elder affairs for the purpose of mitigating health insurance costs to the employers and their employees; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means and the executive office of administration and finance monthly expenditure data for the program, including the total number of employers participating in the program, the per centage of the employers who purchased health insurance for employees prior to participating in the program and total monthly expenditures delineated by payments to small employers and self-employed persons for individual, 2-person family and family subsidies; provided further, that the executive office shall seek federal reimbursement for the payments to employers; and provided further, that all federal reimbursements received for expenditures from this item, under Title XIX and Title XXI of the federal Social Security Act, shall be credited to the Children's and Seniors' Health Care Assistance Fund.........$7,432,668

Children's and Seniors' Health

Care Assistance Fund ..........................................................100.0%

4000-0895
For the healthy start program to provide medical care and assistance to pregnant women and infants residing in the commonwealth pursuant to section 10E of chapter 118E of the General Laws; provided further, that the executive office shall report to the house and senate committees on ways and means on the population served by the program delineated by the federal poverty level; provided further, that the report shall be submitted not later than February 1, 2006; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years...............$15,991,921

4000-0990
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the children's medical security plan to provide primary and preventive health services for uninsured children from birth through age 18; provided, that the executive office shall prescreen enrollees and applicants for medicaid eligibility; provided further, that no applicant shall be enrolled in the program until the applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children's medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of the children; provided further, that any projection of deficiency in this item shall be reported to the house and senate committees on ways and means not less than 90 days before the projected exhaustion of funding; provided further, that the executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10F of chapter 118E of the General Laws; provided further, that the maximum benefit levels for this program shall be made available only to those children who have been determined by the executive office to be ineligible for MassHealth benefits; provided further, that notwithstanding subsection (d) of section 10F of chapter 118E of the General Laws, or any general or special law to the contrary, premiums for this program shall be collected according to the following eligibility categories: (1) enrollees in households earning less than 200 per cent of the federal poverty level shall not be responsible for contributing to program premium costs; (2) enrollees in households earning between 200 per cent and 300 per cent of the federal poverty level, inclusive, shall contribute not less than 20 per cent and not more than 30 per cent of the monthly premium cost according to a sliding scale established by the executive office; provided, that additional contributions shall not be required for any enrollee after the third enrollee in such a household; (3) enrollees in households earning between 301 per cent and 400 per cent of the federal poverty level, inclusive, shall contribute not less than 85 per cent and not more than 90 per cent of the monthly premium cost according to a sliding scale established by the executive office; provided, that additional contributions shall not be required for any enrollee after the first enrollee in such a household; and (4) enrollees in households earning more than 400 per cent of the federal poverty level shall pay not more than the full premium cost of the program; provided further, that the secretary of? shall certify quarterly in writing to the house and senate committees on ways and means that premiums established pursuant to the fourth paragraph of section 10F of chapter 118E have been paid by all enrollees for whom premiums are applicable;and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years...................................$21,078,379

General Fund ...........................................................................76.62%

Children's and Seniors' Health Care Assistance Fund ..............................................23.38%

4000-1400
For the purposes of providing MassHealth benefits to persons with a diagnosis of human immunodeficiency virus with incomes up to 200 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years..........$7,589,164

4000-1401

For the purposes of reinstating inpatient outlier benefits which were in effect on January 1, 2003 for all MassHealth members in hospital fiscal year 2006.............$18,750,000

4000-1405
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the operation of a program of preventive and primary care for chronically unemployed persons who are not receiving unemployment insurance benefits and who are not eligible for medical assistance but who are determined by the executive office of health and human services to be long-term unemployed; provided, that such persons shall meet the eligibility requirements established under the MassHealth? program as established in section 9A of chapter 118E of the General Laws; provided further, that the income of such persons shall not exceed 100 per cent of the federal poverty level; provided further, that said eligibility requirements shall not exclude from eligibility persons who are employed intermittently or on a non-regular basis; provided further, that the provision of care to such persons under this program may, taking into account capacity, continuity of care, and geographic considerations, be restricted to certain providers; provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years; provided further, that the secretary of health and human services is hereby authorized to limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided further, the executive office of health and human services shall seek federal approval by October 1, 2005 in order to enroll the maximum number of possible enrollees allowable within this appropriation in this program during fiscal year 2006; provided further, that no funds may be expended from this item prior to October 1, 2005; provided further, that notwithstanding subsection (3) of section 16D of chapter 118E of the General Laws or any other general or special law to the contrary, a person who is not a citizen of the United States but who is either a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or is otherwise permanently residing in the United States under color of law shall be eligible to receive benefits under this item if such individual meets the categorical and financial eligibility requirements pursuant to this item; provided further, that such individual is either age 65 or older or age 19 to 64 and disabled; provided further, that any such individual shall not be subject to sponsor income deeming or related restrictions; and provided further, that funds from this item for health care services for said noncitizens may be expended as of the effective date of this act.....................$132,154,120

4000-1420
For the purposes of making payments to the federal centers for Medicare and Medicaid services in compliance with 42 USC 1396u-5.............$120,000,000

Division of Health Care Finance and Policy.

4100-0060
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the division and the administration of the uncompensated care pool established pursuant to chapter 118G of the General Laws; provided, that notwithstanding any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal year 2006, the estimated expenses, including indirect costs, of the division and shall be equal to the amount appropriated in this item less amounts projected to be collected in fiscal year 2006 from: (1) filing fees; (2) fees and charges generated by the division's publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division's administrative costs; provided further, that the assessed amount shall not be less than 65 per cent of the division's expenses as specified in this item; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the uncompensated care pool to report to the division the following utilization information: the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly to the house and senate committees on ways and means a summary report compiling said data; provided further, that the division, in consultation with the executive office of health and human services, shall not promulgate any increase in medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that the division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that funds may be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that for hospital fiscal year 2006, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws shall be $320,000,000; provided further, that the division shall publish annual reports on the financial condition of hospitals and other health care providers through the Health Benchmarks project website, in collaboration with the executive office of health and human services, the office of the attorney general, and the University of Massachusetts; provided further, that the division shall submit to the house and senate committees on ways and means not later than December 6, 2005 a report detailing utilization of the uncompensated care pool; provided further, that the report shall include: (1) the number of persons in the commonwealth whose medical expenses were billed to the pool in fiscal year 2005; (2) the total dollar amount billed to the pool in fiscal year 2005; (3) the demographics of the population using the pool, and; (4) the types of services paid for out of the pool funds in fiscal year 2005; provided further, that the division shall include in the report an analysis on hospitals' responsiveness to enrolling eligible individuals into the MassHealth program upon the date of service rather than charging said individuals to the uncompensated care pool; provided further, that the division shall include in the report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that notwithstanding any general or special law or rule or regulation to the contrary, the division shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by said division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided or industrial accident patients if such a change would financially benefit the commonwealth; provided further, that notwithstanding any general or special law to the contrary said division shall maintain the rate paid for the dispensing fees to retail pharmacies for prescribed drugs to publicly aided or industrial accident patients at $3 in fiscal year 2006; provided further, that notwithstanding any general or special law to the contrary, the division of health care finance and policy, in conjunction with the executive office of elder affairs and the executive office of health and human services shall, by August 1, 2005, for all non-acute chronic and rehabilitation hospitals, adopt and implement, for the rate year effective October 1, 2005, a Medicaid rate reimbursement methodology, that utilizes a hospital base year of either 2002 or 2003; provided further, that in calculating the Medicaid rate of reimbursement for such hospitals, such reimbursement shall exclude any costs associated with any beds licensed by the department of mental health; provided further, that the division shall transfer its existing contract with Hampshire Community Action Commission for the demonstration project Hampshire Health Access to Hampshire HealthConnect, a program of Cooley Dickinson Hospital, effective May 1, 2005; and provided further, that said division shall not use any funds appropriated from the Health Care Quality Improvement Trust Fund for operating costs, including rent and utilities...............$12,530,216

OFFICE ON DISABILITIES AND COMMUNITY SERVICES

Massachusetts Commission for the Blind

4110-0001
For the office of the commissioner; provided, that the commissioner may transfer funds between items 4110-0001, 4110-1000, 4110-1010, 4110-1020, 4110-2000, 4110-2001, 4110-3010 and 4110-4000; provided further, that the amount transferred from any of the items stated in this item shall not exceed 5 per cent of the total amount appropriated for that item; provided further, that 30 days before any such transfer, the commissioner shall submit an allocation plan detailing the distribution of the funds to be transferred to the house and senate committees on ways and means; and provided further, that amounts appropriated to the commission in fiscal year 2006 that extend or expand services beyond the level of services provided in fiscal year 2005 shall not annualize above those amounts in fiscal year 2007..............$1,099,067

4110-1000
For the community services program; provided, that not less than $350,000 shall be expended from this item for the deaf-blind community access network; provided further, that not less than $500,000 shall be expended for the talking information center; provided further, that not less than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and provided further, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network...................................$3,786,958

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

4110-1020
For eligibility determination for the medical assistance program for the blind; provided, that the commission shall work with the executive office of health and human services, the department of mental retardation and other state agencies to maximize federal reimbursement for clients so determined through this item including, but not limited to, reimbursement for home and community-based waiver clients...........................$315,769

4110-2000
For the turning 22 program of the commission; provided, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services...........................$8,648,243

4110-2001
For services to clients of the department who turn 22 years of age during state fiscal year 2006; provided, that the amount spent from this item shall not annualize to more than $435,000 in fiscal year 2007; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services...........$295,000

4110-3010
For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees.......................$2,661,326

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

Massachusetts Rehabilitation Commission

4120-1000
The Governor has disapproved of certain language.
For the operation of the commission; provided, that the commissioner may transfer funds between items 4120-1000, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided further, that the amount transferred from any of the items stated in this item shall not exceed 5 per cent of the total amount appropriated for that item; provided further, that 30 days before any such transfer, the commissioner shall submit an allocation plan to the house and senate committees on ways and means detailing the distribution of the funds to be transferred; provided further, that amounts appropriated to the commission that extend or expand services beyond the level of services provided in fiscal year 2005 shall not annualize above those amounts in fiscal year 2007; provided further, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; and provided further, that the lists shall include client names and social security numbers and payee names and other identification, if different from a client's........................$571,395

4120-2000
For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally-reimbursed state employees; provided further, that the commissioner, in making referrals to service providers, shall take into account the client's place of residence and the geographic proximity of the nearest provider to the residence; provided further, that not less than $100,000 shall be expended on special vocational projects in the Charlestown section of the city? of Boston for people with disabilities; and provided further, that not less than $155,000 shall be expended for services provided by the Life Focus Center in said Charlestown section of the city? of Boston.................$7,476,987

4120-3000
For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided; provided further, that not less than $100,000 shall be expended on special projects in the Charlestown section of the city of Boston for people with disabilities; and provided further, that not less than $305,000 shall be expended for the Charlestown Navy Yard Special Project for disabled adults.......................$7,960,068

4120-4000
For independent living assistance service; provided, that not more than $858,000 shall be expended for assistive technology devices and training for individuals with severe disabilities; provided further, that not less than $25,000 shall be used to assist the Living Independently for Equality, Inc.? of Brockton; and provided further, that not less than $200,000 shall be expended for the SHARE Foundation at the University of Massachusetts at Dartmouth.........$8,040,597

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

4120-4010
For services to clients of the department who turn 22 years of age; provided, that the amount appropriated in this item shall not annualize to more than $1,412,500 in state fiscal year 2007................................$712,550

4120-5000
For homemaking services........................$4,417,049

4120-5050
The Massachusetts rehabilitation commission may expend not more than $2,000,000 in revenues for expanded independent living and employment services from federal reimbursements received for services provided by the commission; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate reported in the state accounting system............$2,000,000

4120-6000
For head injured services; provided, that the commission shall work with the executive office of health and human services to maximize federal reimbursement for clients receiving head injured services; provided further, that the commission shall expend funds on a 24-hour basis for persons with severe head injuries in western Massachusetts; provided further, that not less than $100,000 shall be expended for the Cape Cod head injury program; provided further, that of the $100,000, $50,000 shall be expended on a 1-time basis; and provided further, that not less than $75,000 shall be expended on the Keeping Every Youth Safe program at the Massachusetts Brain Injury Association.....................$8,093,237

Massachusetts Commission for the Deaf and Hard of Hearing

4125-0100
For the operation of and services provided by the Massachusetts commission for the deaf and hard of hearing........$5,373,170

4125-0101
For the Massachusetts commission for the deaf and hard of hearing; provided, that the commission may expend not more than $175,000 in revenues from charges received on behalf of interpreter services and monies received from private grants, bequests, gifts or contributions; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system...................................$175,000

Soldiers' Home in Massachusetts.

4180-0100
For the maintenance and operation of the Soldiers' Home in Massachusetts located in the city of Chelsea, including a specialized unit for the treatment of Alzheimer's disease patients; provided, that graduates from the LPN school of nursing shall work in state-operated facilities for at least 1 year; provided further, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2005; and provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2006............................$23,600,532

4180-1100
The Soldiers' Home in Massachusetts may expend not more than $252,500 in revenues for facility maintenance and patient care, including personnel costs; provided, that 60 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers' Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued..................................$252,500

Soldiers' Home in Holyoke.

4190-0100
For the maintenance and operation of the Soldiers' Home in Holyoke, including the adult day care program, the Maguder House and the Chapin Mansion; provided, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2005; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2006; and provided further, that in the operation of the outpatient pharmacy, the Soldiers' Home shall cover the cost of drugs prescribed at the Soldiers' Home, excluding the required co-payment, only when the veteran has no access to other drug insurance coverage, including coverage through the program authorized by section 39 of chapter 19A of the General Laws; and provided further, the Soldiers' Home in Holyoke shall reopen not less than 4 long-term beds with funds appropriated in this item.....................$17,965,170

4190-0102
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
The Soldiers' Home in Holyoke may expend for the outpatient pharmacy program an amount not to exceed $225,000 from co-payments which it may charge to users of the program; provided, that no co-payments shall be imposed or required of any person which exceed the level of co-payments charged in fiscal year 2005; provided further, that no funds appropriated in this item shall be expended until the superintendent has submitted a report to the secretary and the house and senate committees on ways and means detailing projected expenditures for fiscal years 2006 and 2007 and any and all assumptions used to project outpatient pharmacy spending for the outpatient pharmacy program from this item and item 4190-0100 by September 1, 2005; provided further, that said superintendent shall submit a report to said secretary and the house and senate committees on ways and means that shall include, but not be limited to, demographic information on said outpatient pharmacy users, including age and insurance status, utilization information for the outpatient pharmacy, including the number of generic prescriptions filled, the number of brand name prescriptions filled, the number of 30-day supplies of generic drugs dispensed, the number of 30-day supplies of brand name drugs dispensed, and a description of said Soldiers' Home's drug utilization review program for the first two quarters of fiscal year 2006; provided further, that said report shall be submitted not later than January 16, 2006; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system........$225,000

4190-1100
The Soldiers' Home in Holyoke may expend not more than $168,603 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers' Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued.....................................$168,603

Department of Youth Services

4200-0010
For the administration of the department of youth services; provided, that the department shall continue to collaborate with the department of education in order to align curriculum at the department of youth services with the statewide curriculum frameworks and to ease the reintegration of youth from facilities at the department of youth services into regular public school settings; and provided further, that the commissioner of youth services, in conjunction with the department of education, shall submit a report on progress made to the house and senate committees on ways and means by December 1, 2005...............$4,791,575

4200-0100
For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated in this item to items 4200-0200 and 4200-0300; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer.............$21,038,530

4200-0200
For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated herein to items 4200-0100 and 4200-0300; and provided further, that 30 days before any transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer.......................................................$19,642,022

4200-0300
For secure facilities, including purchase-of-service and state-operated programs incidental to the operations of the facilities; provided, that funds shall be expended for programs to address the needs of the female population including, but not limited to, the development of a stabilization unit and an independent living program, the enhancement of clinical services and at least 1 full-time female services coordinator; provided further, that funds shall be expended to address suicide prevention including, but not limited to, increased clinical capacity, increased clinical staff for risk assessment at intake, improved medication administration, enhanced psychiatric coverage at facilities, and the assurance of a 24-hour area-based on-call staff; provided further, that not less than $1,250,000 shall be expended for the homeward bound program in the town of Brewster; provided further, that an amount not to exceed $60,000 may be expended for reimbursements to providers for services rendered in prior fiscal years; provided further, that the commissioner may transfer up to 5 per cent of the amount appropriated in this item to items 4200-0100 and 4200-0200; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer....................$99,199,256

Department of Transitional Assistance

4400-1000
The Governor has disapproved of certain language.
For the central administration of the department, including the development and maintenance of automated data processing systems and services in support of department operations, and for the administration of department programs in local transitional assistance offices, including the expenses of operating a food stamp program; provided, that during fiscal year 2006 the department shall maintain 2 transitional assistance offices in the city of Springfield; provided further, that all costs associated with verifying disability for all programs of the department shall be paid from this item; provided further, that the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, and public assistance caseloads and benefits; provided further, that the report shall comprehensively track statewide use of the emergency assistance program by eligibility category including, but not limited to, caseload, average length of use or stay and monthly expenditures; provided further, that the department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that under 21 U.S.C. section 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. section 862a, except that individuals incarcerated for a conviction which would otherwise be disqualifying under 21 U.S.C. section 862a(a) shall not be eligible for cash assistance funded through item 4403-2000 during the first 12 months after release from a correctional institution unless the individual qualifies for an exemption under subsection (e) of section 110 of chapter 5 of the acts of 1995 or a domestic violence waiver; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the executive office of health and human services for a determination of eligibility under said chapter 118E; provided further, that the department shall continue policies to increase participation in the food stamp program; provided further, that not less than $250,000 shall be expended on services from the Food Source Hotline; provided further, that not less than $250,000 shall be expended for the food stamp outreach program; provided further, that the department may allocate funds, not to exceed $2,500,000 from this item to item 4400-1100 for the costs of the department's caseworkers; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and redeterminations; and provided further, that the department shall report to the house and senate committees on ways and means not later than December 15, 2005 on the extended office hours and placement of workers at community and human service organizations that the department has determined is feasible within the appropriation provided and that the department will provide in the current fiscal year..................$65,200,000

4400-1025
For domestic violence specialists at local area offices...........................$620,556

4400-1100
For the payroll of the department's caseworkers, provided, that only employees of bargaining unit eight shall be paid from this item; and provided further, that the department may allocate funds, not to exceed $1,000,000 from this item to item 4400-1000 for the administrative costs of the department of transitional assistance......................$53,681,903

4401-1000
The Governor has disapproved of certain language.
For a program to provide employment and training services for recipients of benefits provided under the program of transitional aid to families with dependent children; provided, that certain parents who have not yet reached the age of 18, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents' income, shall be allowed to participate in the employment services program; provided further, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits due to employment or subsection (f) of section 110 of chapter 5 of the acts of 1995; provided further, that funds from this item shall be expended for the purposes of the young parents program, transportation costs, pre-employment skills training and education programs, and structured subsidized employment services; provided further, that the department of transitional assistance may use funds from this item and shall collaborate with the department of workforce development to access funding through Title I of the federal Workforce Investment Act to ensure that sufficient resources are available to provide substantive, pre-employment skills training, including training that integrates basic education and English as a second language instruction, to recipients of transitional aid to families with dependent children who are in need of such services; provided further, that funds from this item may also be expended for re-employment services, job search assistance, vocational training services, job retention services, adult basic education, graduate equivalency degree courses, English as a second language courses and training programs for persons with limited English proficiency, and emergency work-related expenses for recipients, including emergency transportation costs; provided further, that the department shall inform all recipients and applicants of the full range of programs and of skills training programs funded by Title I of the federal Workforce Investment Act accessible through the one-stop career centers and adult education programs funded by the department of education available under this program; provided further, that funds may be allocated from this item to other agencies for the purposes of this program; provided further, that within 90 days of a recipient without a high school degree or a graduate equivalency degree or proficiency in English who is subject to said subsection (f) of said section 110 of said chapter 5 becoming eligible for benefits, the department may offer to the recipient a skills assessment to identify barriers to employment;and provided further, that all of this item is subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item.....$21,047,902

4401-1100
The department of transitional assistance may expend not more than $3,000,000 from revenue received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependent children...............................$3,000,000

4403-2000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a program of transitional aid to families with dependent children; provided, that notwithstanding any general or special law to the contrary, benefits under the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits; provided further, that notwithstanding any general or special law, or any provisions of this act to the contrary, no benefits under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year? 2005; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under the provisions of subsection (e) of section 110 of chapter 5 of the acts of 1995 shall be 2 per cent below the otherwise applicable payment standard, in fiscal year? 2006, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify all teen parents receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5; provided further, that a $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that a nonrecurring children's clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September, 2005; provided further, that the children's clothing allowance shall be included in the standard of need for the month of September, 2005; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that notwithstanding section 2 of chapter 118 of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month such payments are to be made or within the 3 month period after such month of payment, and who, if such child had been born and was living with her in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits; provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for such loss; provided further, that no funds from this item shall be expended by the department for child care or transportation services for the employment and training program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that the department shall provide oral and written notification to all recipients of their child care benefits on a semi-annual basis; provided further, that the notification shall include the full range of child care options available, including center-based child care, family-based child care, and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits and post-transitional benefits; provided further, that the department shall work with the department of early education and care to ensure that both recipients currently receiving benefits and former recipients during the 1 year period after termination of benefits are provided written and verbal information about child care services; provided further, that the notice shall further advise recipients of the availability of food stamps benefits; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility for, or levels of benefits under the program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes; and provided further, that not less than $418,074 shall be expended for the purposes of the operation of the Transportation Assistance Program operated by the Traveler's Aid Society........................$312,868,845

4403-2001
The Legislature overrode the Governor's disapproval
The Governor has disapproved this item.
For the Lift Transportation Program operated by the Traveler's Aid Society of Boston................$150,000

4403-2119
For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995 for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program ................$6,773,966

4403-2120
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For certain expenses of the emergency assistance program as follows: (i) contracted family shelters; (ii) transitional housing programs; (iii) programs to reduce homelessness in Barnstable, Dukes and Nantucket counties; (iv) residential education centers for single mothers with children; (v) intake centers; and (vi) voucher shelters; provided, that eligibility shall be limited to families with income at or below 130 per cent of the federal poverty level; provided, however, that any family whose income exceeds 130 per cent of the federal poverty level while the family is receiving assistance funded by this item shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the 130 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow some or all of the portion of their income which exceeds 130 per cent of the federal poverty level; provided further, that any such escrowed funds shall be exempt from otherwise applicable asset limits; provided further that the family shall be allowed to withdraw the amount placed in escrow upon transition to permanent housing or losing eligibility for shelter services; provided further, that benefits under this item shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing under color of law in the United States; provided further, that the department shall take all steps necessary to enforce regulations to prevent abuse in the emergency assistance program; provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized; provided further, that eligible households shall be placed in shelters as close as possible to their home community unless a household requests otherwise; provided further, if the closest available placement is not within 20 miles of the household's home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date unless the household requests otherwise; provided further, that eligibility for shelter by an otherwise eligible family shall not be impaired by prior receipt of any nonshelter benefit; provided further, that the department shall within 30 days of the effective date of this act revise its regulations to implement the preceding proviso; provided further, that the department shall make every effort to insure that children receiving services from this item shall continue attending school in the community in which they lived prior to receiving services funded from this item; provided further, that the department shall within 30 days of the effective date of this act revise its regulations to implement the preceding proviso; provided further, that notwithstanding any other general or special law to the contrary, the department shall immediately provide shelter for up to 30 days to families who appear to be eligible for such shelter based on statements provided by the family and any other information in the possession of the department but who need additional time to obtain any third-party verifications reasonably required by the department; provided further, that the department shall not impose unreasonable requirements for third-party verification and shall accept verifications from the family whenever reasonable; provided further, that the department shall within 30 days of the effective date of this act revise its regulations to implement the preceding proviso; provided further, that in promulgating, amending or rescinding regulations with respect to eligibility or benefits under this program, the department shall take into account the amounts available to it for expenditure in this item so as not to exceed the amount appropriated in this item; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that all of this item shall be subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item; provided further, that nothing in the preceding proviso shall authorize the department to alter eligibility criteria or benefit levels, except to the extent that such changes are needed to avoid a deficiency in this item; provided further, that the department shall report quarterly to the house and senate committees on ways and means an unduplicated count of families who apply for emergency assistance funded family shelter during the fiscal year; provided further that the report shall include the total number of applications received, the number of families approved for shelter, the number of families denied shelter along with reasons for denials, the number of families who are approved for shelter benefits within 12 months of an initial denial, the home community of families receiving shelter, the number of families receiving shelter within each home community, the number of available shelter slots within each home community, the income level of families receiving shelter, the number of families receiving shelter who had previously accessed state-funded programs to reduce homelessness and the programs that had been accessed, the composition of families receiving shelter, the reason that the household is seeking emergency family shelter, the reasons that families exit shelters, including reasons for voluntary departure and termination, exiting families' housing plans, including type of housing arrangements, subsidy status, monthly rent, and gross monthly income, and any other information that the department determines to be necessary in evaluating the operation of the emergency assistance family shelters program; provided further, that the report shall also include information, by type of shelter, on average length of stay, average cost per household served, average number of shelter slots not used either as the result of no placement being made or of a placed family not making use of shelter, and an analysis of this data, including an analysis of causes relating to any significant differences in the data for each type of shelter; provided further, that the report shall also include a status report on the outcomes of department-funded homelessness prevention initiatives, providing information on the nature and total cost of each such initiative, the number of families served by each such initiative, the average cost per family of each such initiative, the affordability and stability of housing or alternative shelter placements for prevention program recipients, including type of housing arrangement, subsidy status, monthly rent, and gross monthly income, and any other information that the department determines to be necessary in evaluating the operation of state-funded homeless prevention programs; and provided further, that not less than $179,381 shall be obligated for capital projects and related facility upgrades at the Crossroads Family Shelter in East Boston........$73,600,000

4405-2000
For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further, that the department, in collaboration with the executive office of health and human services, may fund an optional supplemental living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified under chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and the office; provided further, that the optional category of payments shall only be administered in conjunction with the medicaid group adult foster care benefit; and provided further, that reimbursements to providers for services rendered in prior fiscal years may be expended from this item................$205,568,300

4406-3000
For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to the homeless and indigent; provided further, that no organization providing services to the homeless shall receive less than an average per bed/per night rate of $12.92; provided further, that the department may allocate funds to other agencies for the purposes of this program; provided further, that of the amount appropriated in this item, $34,000,000 shall be allocated to organizations that received funds from this item in fiscal year 2005; and provided further, that these organizations shall receive not less than the same percentage share of the $34,000,000 as their percentage share of funds in fiscal year 2005..........................$35,050,000

4408-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a program of cash assistance to certain residents of the commonwealth, entitled emergency aid to the elderly, disabled and children found by the department to be eligible for such aid under chapter 117A of the General Laws and regulations promulgated by the department and subject to the limitations of appropriation therefor; provided, that benefits under this item shall only be provided to residents who are citizens of the United States or qualified aliens or noncitizens otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year 1991; provided further, that the department may provide benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a medically determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual's capacity to support himself and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under chapter 118 and under the separate program; provided further, that no ex-offender, person over age 45 without a prior work history or person in a residential treatment facility shall be eligible for benefits under this program unless the person otherwise meets the eligibility criteria described in this item and defined by regulations of the department; provided further, that no person incarcerated in a correctional institution shall be eligible for benefits under the program; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall promulgate emergency regulations under chapter 30A of the General Laws to implement the changes to this program required by this item promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted in this item at the payment standard in effect for the former general relief program in fiscal year 1991; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the amount appropriated in this item; provided further, that the department may promulgate emergency regulations under chapter 30A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing in this item shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that reimbursements collected from the Social Security Administration on behalf of former clients of the emergency aid to the elderly, disabled and children program, or unprocessed payments from the program that are returned to the department shall be credited to the General Fund; provided further, that notwithstanding any general or special law to the contrary, the funds made available in this item shall be the only funds available for the program, and the department shall not spend funds for the program in excess of the amount made available in this item; and provided further, that notwithstanding any general or special law this item to the contrary, 60 days before implementing any eligibility or benefit changes, or both, the commissioner shall file with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the proposed changes...................$70,079,481

Department of Public Health

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

4510-0100
For the operation of the department, the determination of need program, established under section 25C of chapter 111 of the General Laws, the health statistics program, including the operation of a cancer registry and occupational lung disease registry, and the continuation of the cardiac surgery data collection and validation program to collect and validate data from all hospitals in the commonwealth that perform open heart surgery; provided, that the position of assistant commissioner shall not be subject to chapter 31 of the General Laws...................$19,537,533

4510-0106
For the end of life care commission, established by section 480 of chapter 159 of the acts of 2000; provided, that not more than $100,000 shall be expended from revenues associated with grant and development activities.....................$100,000

4510-0110
For community health center services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that not less than $200,000 shall be expended for the Cape Cod Free Clinic; provided further, that not less than $100,000 shall be expended for the Elder Health Center in Saugus; provided further, that not less than $150,000 shall be expended for the Duffy Health Center; and provided further, that the department shall submit a tentative allocation schedule of the community health center grants to the house and senate committees on ways and means not later than February 1, 2006...................$5,110,160

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

4510-0600
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For an environmental and community health hazards program, including control of radiation and nuclear hazards, consumer products protection, food and drugs, lead poisoning prevention in accordance with chapter 482 of the acts of 1993, lead-based paint inspections in day care facilities, inspection of radiological facilities, licensing of x-ray technologists and the administration of the division of environmental epidemiology and toxicology for the purposes of chapter 470 of the acts of 1983, the "Right-to-Know" law; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of 100 per cent of the amounts so expended; provided further, that $100,000 shall be expended for a renal disease program administered by the National Kidney Foundation of Massachusetts, Rhode Island and Vermont for nutritional supplements and early intervention services for those affected by renal disease and those at risk of renal disease; provided further, that not less than $100,000 shall be expended for the purposes of research and prevention activities associated with Lyme Disease, so called, to be conducted by the Barnstable County Department of Health and the Environment; provided further, that not less than $14,800 shall be allocated to the Franklin Regional Council of Governments for costs associated with the regional public health program; provided further, that not less than $81,000 shall be expended for the maintenance of a statewide lupus database; provided further, that $150,000 shall be expended for the ALS registry created by section 26 of chapter 140 of the acts of 2003; provided further, that $195,000 shall be expended for the purpose of the director of the bureau of environmental health assessment of the department of public health to continue an environmental risk assessment of the health impacts of the General Lawrence Logan Airport in the East Boston section of the city of Boston on any community that is located within a 5 mile radius of the airport and is potentially impacted by the airport; provided further, that the assessment may include, but not be limited to, examining incidences of respiratory diseases and cancers and performing medical and laboratory tests and examinations of residents of these communities; provided further, that the bureau shall report its findings together with any recommended response actions by the commonwealth to the house and senate committees on ways and means not later than February 1, 2006; and provided further, that no funds appropriated in this item shall be expended for the purpose of siting or locating a low-level radio-active waste facility in the commonwealth ........$3,453,403

4510-0615
The department may expend not more than $150,000 from assessments collected under section 5K of chapter 111 of the General Laws for services provided to monitor, survey and inspect nuclear power reactors; provided, that the department may expend not more than $1,374,195 from fees collected from licensing and inspecting users of radioactive material within the commonwealth under licenses presently issued by the nuclear regulatory commission; provided further, that the revenues may be used for the costs of both programs, including the compensation of employees; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............$1,524,195

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

4510-0710
For the operation of the division of health care quality and the office of patient protection; provided, that the division shall be responsible for assuring the quality of patient care provided by the commonwealth's health care facilities and services, and for protecting the health and safety of patients who receive care and services in nursing homes, rest homes, clinical laboratories, clinics, institutions for the mentally retarded and the mentally ill, hospitals and infirmaries, including the inspection of ambulance services; provided further, that the division shall track and report the number and type of dementia or Alzheimer's special care units in each facility; provided further that the department shall provide quarterly reports of? its findings to the house and senate committees on ways and means; provided further, that the division shall coordinate its work with the board of registration in medicine and the various other boards of registration under the department of public health to promote quality patient care in facilities licensed by the department, and shall report specific instances of preventable medical error that involve an individualized component investigated by the board of registration and a systemic or institutional component investigated by the division, the medical, administrative, educational and disciplinary outcomes of such instances of preventable medical error, and the ways in which coordination promotes quality patient care, fairness and accuracy in disciplinary actions, and better provider and facility education; provided further, that investigators shall conduct investigations of abuse, neglect, mistreatment and misappropriation; provided further, that the division shall assign such investigators to perform their duties on staggered shifts which shall be established by the division in order to provide coverage adequate to ensure that all complaints of abuse, neglect, mistreatment and misappropriation are investigated, and that the department shall investigate complaints during evening and weekend hours as needed to assess the validity of the complaint; provided further, that not less than 10 per cent of all routine surveys of the facilities are completed during evening or weekend hours; provided further, that the division shall minimize the need for payment of overtime to investigators in both emergent and non-emergent situations and shall not authorize the assignment of overtime hours for any investigator when the duties can be performed on a non-overtime basis by another investigator; provided further, that all investigators in the division of health care quality responsible for the investigations shall receive training by the medicaid fraud control unit of the office of the attorney general under a comprehensive training program to be developed by the division and the unit; provided further, that the division shall report quarterly to the house and senate committees on ways and means on the number of incident reports and, for those reports requiring investigations under section 72H of chapter 111 of the General Laws indicating for each such report, the time in which: (1) the division completed its investigation; (2) the division made an evaluation and determination of the validity of the report; (3) made a referral of such report to the appropriate agency or agencies; provided further, that if in any quarter the division maintains a backlog of cases requiring investigation that have not been investigated, evaluated and determined within the time frames established in said section 72H of said chapter 111, the division shall include in the report an explanation as to the reasons therefore; provided further, that the division shall include in the report a list of all instances of the payment of overtime for investigators and the justification therefore and in each quarter shall compare the overtime expenditures from this item with the overtime expenditures made in the corresponding quarter of fiscal year 2005; provided further, that the division shall continue to research and develop, in consultation with the nursing home industry and consumer representatives, appropriate confidential survey tools to assess consumer satisfaction in long-term care facilities; provided further, that the division shall continue a comprehensive training, education and outreach program for nursing home administrators and managers and other supervisory personnel in long-term care to improve the quality of care in long-term care facilities; provided further, that the program shall promote the use of best practices, models of quality caregiving and the culture of workforce retention within the facilities and shall focus on systemic ways to reduce deficiencies; and provided further, that the department shall report to the house and senate committees on the results of the program not later than April 30, 2006 .........$7,684,277

4510-0712
The department may expend not more than $504,922 in revenues collected from the licensure of health facilities for program costs of the division of health care quality; provided, that the department may expend not more than $800,000 from revenues collected from individuals applying for emergency medical technician licensure and recertification; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system.........$1,304,922

4510-0720
The Legislature overrode the Governor's disapproval
The Governor has disapproved this item.
For a scholarship program for certified nurses' aide and direct care worker training; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that the department shall establish appropriate guidelines and application criteria for the administration of the program; provided further, that the scholarships shall cover the full cost of tuition to an approved certified nurses' aide or long-term care direct worker training program, including approved programs providing for cross-training; provided further, that funds may also be available to provide adult basic education and English as a second language training for applicants otherwise meeting criteria for the scholarships, as well as pilot training programs using enhanced curricula designed to support increased retention; provided further, that the department shall, in consultation with the nursing home industry, consumer groups, the department of labor and workforce development, the Commonwealth Corporation, training providers and other appropriate state and local agencies, conduct outreach regarding the availability of such scholarships; provided further, that the department shall consult with the scholarship program advisory council and the extended care career ladder initiative to review and recommend new training requirements for certified nurses' aides, home health aides and home care workers to improve the quality of the direct care workforce and the quality of care provided in all long-term care settings by developing skill standards, supporting the transition from training to work, improving retention, promoting portability, recognizing career advancement curricula and addressing language and education barriers; and provided further, that costs for outreach activities shall not exceed 5 per cent of the amount appropriated in this item and administrative costs of the program shall not exceed 5 per cent of the amount appropriated in this item ...........................$250,000

4510-0721
For the costs of personnel, administration, information technology, equipment, newsletter and other essential spending of the board of registration in nursing; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of such cases, the approximate number of cases assigned to each investigator, and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit each such report to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health; provided further, that the board shall prepare a compilation of cases involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting health care providers, hospitals and pharmacies to modify their practices and techniques to avoid error; and provided further, that the board shall submit the compilation to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health by January 4, 2006 and shall make the compilation widely available, including by electronic means, to the public and to all hospitals, pharmacies and health care providers doing business in the commonwealth......................................$1,536,226

4510-0722
For the costs of personnel, administration, newsletter, dues, travel, public information advertising, and other expenses of the board of registration in pharmacy; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of such cases, the approximate number of cases assigned to each investigator, and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit each such report to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health; provided further, that the board shall prepare a compilation of cases involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting health care providers, hospitals and pharmacies to modify their practices and techniques to avoid error; and provided further, that the board shall submit said compilation to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health by January 4, 2006 and shall make said compilation widely available, including by electronic means, to the public and to all hospitals, pharmacies and health care providers doing business in the commonwealth...........................................$483,887

4510-0723
For the operation and administration of the board of medicine and the committee on acupuncture; provided, that the board of registration in medicine shall prepare an annual report addressing its activities with respect to licensing, enforcement, law and policy, patient safety, and other relevant topics, including, but not limited to, the total number of cases referred to and reviewed by the board, the resolution of the cases, the approximate number of cases assigned to each investigator, any increases or decreases in cases referred to the board in the previous 6 months, a compilation of cases from its patient care assessment program describing incidents involving preventable medical error that resulted in harm to patient or health care provider for the purpose of assisting the providers, hospitals, and pharmacies to modify their practices and techniques to avoid error, and any other relevant topics; provided further, that the board shall submit the report to the general court, house and senate committees on ways and means and the joint committee on health care financing and the joint committee on public health by January 4, 2006 and shall make the compilation widely available, including by electronic means, to the public; and provided further, that the board shall promulgate rules and regulations to coordinate their patient care assessment program with the boards of nursing and pharmacy..................$2,183,272

4510-0725
For the costs of personnel, administration, public information advertising and other expenses of certain health boards of registration, including the boards of registration in dentistry, nursing home administrators, physician assistants, perfusionists, and respiratory care...............................$408,742

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

4510-0790
For regional emergency medical services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that the regional emergency medical services councils, designated as such in accordance with 105 CMR 170.101 and the C-MED communications as of January 1, 1992, shall remain the designated councils and C-MEDs; provided further, that the department shall report quarterly on the number of investigations of ambulance services performed by said inspectors and by inspectors funded in items 4510-0710 and 4510-0712 as well as the number of investigations pending at the end of each quarter and the reasons therefore; and provided further, that the department, in conjunction with the regional emergency services councils, notwithstanding section 27C of chapter 29 of the General Laws to the contrary, shall promulgate regulations to ensure that all basic, intermediate, and paramedic emergency medical technicians are certified to use and have available epinephrine for the emergency treatment of anaphylaxis.............$1,246,896

4510-0810
For a statewide sexual assault nurse examiner program and for the care of victims of sexual assault; provided, that the program shall be established by the department to operate under specific statewide protocols and by an on-call system of nurse examiners............$1,740,626

4510-0820
For a statewide pediatric sexual assault nurse examiner program and for the care of victims of sexual assault; provided, that the program shall be established by the department to operate under specific statewide protocols and by an on-call system of nurse examiners ....................$1,000,000

4512-0103
For acquired immune deficiency syndrome services and programs; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that no funds shall be transferred into the AA object class; provided further, that particular attention shall be paid to direct the funding proportionately amongst each of the demographic groups afflicted by HIV/AIDS; provided further, that funds shall be expended for rental housing subsidies for the purposes of preventing admissions to acute hospitals, chronic hospitals and nursing homes for persons with acquired immune deficiency syndrome; provided further, that the department may contract for the administration of this program; provided further, that the costs of this administrative contract shall not be expended from this item; provided further, that rents payable by tenants shall not be less than 30 per cent of total household income if heat and cooking fuel are provided by the landlord and shall not be less than 25 per cent of total household income if heat and cooking fuel are not provided; provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded on June 30, 1991; provided further, that the department shall not enter into any new housing contracts or expend funds for such new contracts in fiscal year 2006 that would fund units in excess of the number of units funded on June 30, 2005; provided further that not less than $100,000 shall be expended for the Springfield Public Health Department; provided further, that funds shall be expended for the HIV/AIDS Case Management Program at the Haitian Multi-Service Center in the Dorchester section of the city of Boston; and provided further, that no funds from this item shall be expended for disease research in fiscal year 2006...............$35,553,770

4512-0106
The department of public health may expend not more than $1,900,000 from revenues received from pharmaceutical manufacturers participating in the section 340B rebate program administered by the federal health resources and services administration and office of drug pricing............$1,900,000

4512-0200
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that not less than $45,000 shall be expended in grants for the Framingham Coalition for the Prevention of Drug and Alcohol abuse; provided further, that not less than $90,000 shall be expended for Franklin Medical Center's Beacon Recovery program at the Orange Recovery House; provided further, that not less than $99,000 shall be expended for Self Esteem Boston substance abuse direct service prevention programs and provider training programs; provided further, that not less than $650,350 shall be expended for a contract with STEP, Inc., for sobriety treatment, education and prevention; provided further, that not less than $99,925 shall be expended for Latinas y Ninos to attend to the needs of Latino women in recovery with a focus on pregnant women, new parents and mothers recently reunified with children; provided further, that not less than $100,000 shall be expended for a contract with the Bay Cove Human Services, Inc.? for the purposes of establishing an independent licensed halfway house in the Charlestown neighborhood of Boston, in collaboration with the Charlestown Recovery House, Inc.? for persons in recovery from alcoholism and chemical dependency; provided further, that $75,000 shall be expended to establish an Opiate Abuse Prevention and Intervention Program for Youth in the City of Melrose; provided further, that not less than $50,000 shall be expended to REACH, formerly known as the Waltham Support Committee for Battered Women; provided further, that not less than $50,000 shall be expended for the Louis D.? Brown Peace Institute for homicide victims' family support services and anti-violence advocacy programs; provided further, that not less than $250,000 shall be expended for the Latino After School Initiative; provided further, that not less than $75,000 shall be expended for the Tynan Community Centers Adolescence Wellness Program in the South Boston section of City of Boston; provided further, that not less than $125,000 shall be expended for the operation of the Barnstable Action for New Directions (BAND) program facilitated by Gosnold Society of Cape Cod Inc.? in conjunction with the Barnstable district court and the Cape and Islands district attorney; provided further, that not less than $200,000 shall be provided to the Boston municipal court and other district courts to fund treatment coordinators for the drug court program to treat nonviolent, substance-abusing offenders; provided further, that not less than $833,000 shall be expended for the Volunteers of America Rebound Youth Residential Recovery Program at Long Island Hospital in the city of Boston for substance abuse and rehabilitation services to youths with addictions; provided further, that not less than $90,000 shall be expended for a batterer prevention program in the city of New Bedford; provided further, that not less than $100,000 shall be expended for the maintenance and operation of the Intensive Outpatient Program at the South Boston Collaborative for the purposes of responding to adolescent suicide clusters and drug abuse in the South Boston section of the City of Boston; provided further, that not less than $961,324 shall be expended to Gavin Foundation for a male adolescent residential facility for substance abuse and rehabilitation services and for an adjoining female adolescent residential facility for substance abuse and rehabilitation services, totaling 28 beds located in the South Boston section of the City of Boston; provided further, that not less than $319,500 shall be expended for a contract with Gavin Foundation, Inc.? to provide a Total Immersion Program in conjunction with the Probation Department of the South Boston Division of the district courts, the Quincy Division of the district courts, the Somerville Division of the district courts, the Hingham Division of the district courts, the Brighton Division of the district courts, and other district courts and that the funding shall be expended for the maintenance of a training program by the Gavin Foundation for a statewide Total Immersion Program; provided further, that the Gavin Foundation shall be contracted to provide Total Immersion Programs stated herein; provided further, that not less than $100,000 shall be expended on the Russian Teens-at-Risk program operated by the Jewish Family Children's Service in the cities of Boston and Lynn and the town of Brookline; provided further, that not less than $50,000 be expended for teens through programs provided by the Ashland Recreational Department; provided further, that not less than $150,000 shall be expended for the New Beginnings program; provided further, that not less than $200,000 shall be expended for the Link House, Inc.? in the town of Salisbury for purposes of establishing transitional housing for women in recovery from substance abuse; provided further, that the amount of $150,000 shall be expended for the Northern Educational Services, Inc., so-called, outreach and prevention program in Springfield; provided further, that not less than $60,000 shall be provided to Project COPE, Inc.? in Lynn for the prevention and education of the problems associated with OxyContin and Heroine use; provided further, that not less than $100,000 shall be expended for the Winchester Substance Abuse Coalition in the town of Winchester; and provided further, that not less than $500,000 shall be expended for an opiate education and counseling competitive grant program in Suffolk county....................$47,599,186

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

4512-0500
For dental health services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that of the amount appropriated in this item, funds shall be expended to maintain a program of dental services for the developmentally disabled; provided further, that not less than $122,000 shall be allotted to the Taunton Oral Health Clinic in the city of Taunton for the basic dental needs of moderate and low income residents of Southeastern Massachusetts; and provided further, that the department shall submit to the house and senate committees on ways and means a quarterly report on the number of children served by this dental health services program and the number of children waiting to be served by the program.............$1,678,150

4513-1000
For the operation of the bureau of family health services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that funds shall be expended on family planning clinics, rape crisis centers and primary care services for women and children; provided further, that not less than $450,000 shall be directed to community health centers to provide maternal-child health services through combined primary care; provided further, that not less than $50,000 shall be expended for the Molly Bish Institute for Child Safety at Mount Wachusett Community College; provided further, that $50,000 shall be expended for Falmouth Family Planning; provided further, that not less than $158,000 shall be expended for the public health model of community engagement and intervention for sexual violence and intimate partner violence in the homosexual male community; provided further, that not less than $800,000 shall be expended on the Refugees and Immigrant Safety and Empowerment program; provided further, that not less than $200,000 shall be expended for ROCA, Inc.? for outreach and youth development for at-risk youth and young adults in Chelsea, Revere, and East Boston; and provided further, that of the amount appropriated in this item, funds may be expended for rape prevention and victim services, including the statewide Spanish language hotline for sexual abuse, family planning services, the Northeastern University conflict resolution program, Latinas y Ninos and statewide suicide and violence prevention outreach to gay and lesbian youth .........................................................$9,240,196

4513-1002
For women, infants and children's (WIC) nutrition services in addition to funds received under the federal nutrition program; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that all new WIC cases, in excess of fiscal year 1991 caseload levels, shall be served in accordance with priority categories 1 through 7, as defined by the state WIC program; and provided further, that not less than $680,000 shall be expended for the Growth and Nutrition Program.......................................$12,859,601

4513-1010
The department of public health may expend not more than $3,500,000 in revenue received from the collection of federal financial participation for early intervention services delivered to medicaid-eligible children by developmental educators and professionals in related disciplines; provided, that nothing in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the services funded in this item; and provided further, that the revenue may be used to pay for current and prior year claims ........................$3,500,000

4513-1012
The department of public health may expend not more than $24,076,000 from revenues received from the federal cost-containment initiatives including, but not limited to, infant formula rebates and Northeast Dairy Compact reimbursements; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.................$24,076,000

4513-1020
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the early intervention program; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that the department shall report quarterly to the house and senate committees on ways and means the total number of units of service purchased and the total expenditures for the units of service paid by the department, the executive office of health and human services, and by third party payers for early intervention services for the following services categories: home visit, center-based individual, child-focused group, parent-focused group, screening, and assessment; provided further, that the department shall make all reasonable efforts to secure third party and Medicaid reimbursements for the services funded in this item; provided further, that funds from this item shall be expended for a reserve to provide respite services to families of children enrolled in early intervention programs who have complex care requirements, multiple disabilities and extensive medical and health needs; provided further, that priority shall be given to low and moderate income families; provided further, that the department shall submit to the house and senate committees on ways and means a report on the number of families served by the program and the amount of funds appropriated in this item granted to qualified families not later than February 1, 2006; provided further, that no claim for reimbursement made on behalf of an uninsured person shall be paid from this item until the program receives notice of a denial of eligibility for the MassHealth program from the executive office of health and human services; provided further, that not less than $1,000,000 shall be expended for the provision of cost reimbursement funding to certified Early Intervention Programs; and provided further, that nothing stated in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the early intervention services funded in this item....$30,840,024

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

4513-1026
For the provision of statewide and community-based suicide prevention, intervention, postvention, and surveillance activities and the implementation of a statewide suicide prevention plan ........................
$500,000

4513-1112
For a prostate cancer screening, education and treatment program; provided, that screening, education and treatment shall have a particular focus on the high rate of prostate cancer among African American males; and provided further, that no funds shall be expended in the AA object class for any personnel-related costs....................$1,300,000

4513-1113
For a program to raise public awareness and provide health care provider education on colorectal cancer, including dissemination of materials on preventing and screening the disease and cancer registry reporting; provided, that no expenditures shall be made from this item in the AA object class for any personnel-related costs..........................$185,000

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

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

4513-1121
For a statewide STOP stroke program; provided, that this program shall expend funds to educate the public and providers, including emergency medical systems personnel, medical dispatchers and fire and police department personnel and out-patient facilities intake and discharge personnel, about the warning signs of stroke, the recognition of stroke symptoms, and the importance of timely and appropriate acute care treatment; provided further, that this program shall expend funds, as appropriate, to support initiatives related to primary stroke services regulations throughout all regions of the commonwealth, such as telemedicine infrastructure, community education efforts, or other needed supports; provided further, that the department shall coordinate such program with any ongoing federally-funded statewide efforts, including any program funded by federal cardiovascular health initiative grants; and provided further, that the program shall seek to maximize, through grant development or public-private partnerships, available sources of funding to accomplish the goals of the program........$300,000

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

4516-1000
For the administration of the center for laboratory and communicable disease control, including the division of communicable venereal diseases, the division of tuberculosis control and the state laboratory institute; provided, that the department shall give priority to the analysis of samples used in prosecution of controlled substances offenses; provided further, that funds shall be expended for an eastern encephalitis testing program and for tuberculosis testing and treatment services; provided further, that no funds appropriated in this item shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item; provided further, that funds from this item may be expended for the purchase of equipment for the drug laboratory at the state laboratory institute; provided further, that not less than $240,000 shall be expended for the maintenance of the statewide rabies control program coordinated by the department of public health providing assistance to cities, towns and the public, and for the interagency collaboration through the rabies advisory committee, the 24-hour epidemiological and clinical consultation for rabies exposures, the rapid laboratory diagnostic services; provided further, of the $240,000, not less than $150,000 shall be expended for the continuation of the Oral Rabies Vaccine Project on Cape Cod operated through a contract with Tufts University School of Veterinary Medicine in collaboration with the federal Centers for Disease Control and Prevention; and provided further, that funds from this item may be expended for the purpose of an interagency service agreement with the University of Massachusetts Medical School for the department's share of the cost of occupancy, including the cost of facility support personnel, for the state laboratory institute ...............$10,277,658

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

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

4530-9000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For teenage pregnancy prevention services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that applications for such funds shall be administered through the department upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by the department; provided further, that portions of the grants may be used for state agency purchases of designated services identified by said community service plans; provided further, that not less than $477,643 shall be expended on those communities with the highest teen birth rates; provided further, that $100,000 shall be expended for teen pregnancy prevention services in the town of Orange; provided further, that not less than $150,000 shall be expended for the Berkshire Coalition to Prevent Teen Pregnancy program in Berkshire County; provided further, that not less than $250,000 shall be expended for the abstinence-based teen pregnancy prevention programs in the cities of North Adams and Pittsfield; provided further, that of said $250,000, not less than $125,000 shall be expended for said program in the city of Pittsfield; provided further, that the department shall contract directly with vendors of teenage pregnancy prevention services; provided further, that not less than $15,000 shall be provided to Girls, Inc.? of Lynn for teen pregnancy prevention; and provided further, that not less than $100,000 shall be expended for teen pregnancy prevention services in the city of Springfield.........$2,000,000

4570-1500
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For an early breast cancer detection program, mammographies for the uninsured, and a breast cancer detection public awareness program; provided, that no funds shall be expended in the AA object class for any personnel-related costs; and provided further that not less than $107,500 shall be expended for Silent Spring Institute to complete the Household Exposure Study.........................$3,392,333

4580-1000
For the universal immunization program and the purchase and distribution of the pneumococcal conjugate vaccine; provided, that no funds shall be expended in the AA object class for any personnel-related costs; and provided further, that no funds appropriated in this item shall be expended for administrative or energy expenses of the department not directly related to programs funded in this item ............................$29,071,508

4590-0250
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For school health services and school-based health centers in public and non-public schools; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that services shall include, but not be limited to: (1) strengthening the infrastructure of school health services in the areas of personnel and policy development, programming, and interdisciplinary collaboration; (2) developing linkages between school health services programs and community health providers, and (3) incorporating health education programs, including tobacco prevention and cessation activities in school curricula and in the provision of school based health services and (4) incorporating obesity prevention programs, including nutrition and wellness programs in school curricula to address the nutrition and lifestyle habits needed for healthy development; provided further, that not less than $350,000 shall be expended for the governor's commission on gay and lesbian youth;? provided further, that not less than $12,000,000 shall be expended for school nurses and school based health centers; provided further, that not less than $200,000 shall be expended for Berkshire Area Health Education Center, Inc.? for support and implementation of model community coalitions and community capacity building activities; and provided further, that the services shall meet standards and eligibility guidelines established by the department of public health in consultation with the department of education; and provided further, that $99,000 shall be expended for the H.E.L.P.? program for black male health; provided further, that not less than $150,000 shall be expended to create the Childhood Obesity-School Nutrition Pilot Project, within the department of public health to initiate or maintain school lunch programs focused on diminishing the epidemic of childhood obesity; provided further, a public school seeking to institute or maintain a school nutrition program designed to reduce childhood obesity as part of its school lunch program, may apply to the department for a grant, not to exceed $10,000 per school per year; provided further, that the application shall indicate the various nutritional and educational steps the school plans to follow as part of its plan, as well as a method for measuring results; and provided further, that grant applications and other appropriate criteria shall be determined and reviewed by the department ........................................$14,718,309

4590-0300
For smoking prevention and cessation programs; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs...........................$4,250,000

4590-0912
The department may expend an amount not to exceed $14,630,014 from reimbursements collected for western Massachusetts hospital services, subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital-related costs, including personnel, capital expenditures, DD object class chargebacks and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall be eligible to receive and retain full reimbursement from the medical assistance program of the executive office of health and human services; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall reimburse the General Fund for a portion of employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary for administration and finance; provided further, that such reimbursement shall not exceed 10 per cent of total personnel costs for the hospital; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded herein......................$14,630,014

4590-0913
For the department of public health Lemuel Shattuck hospital, for the purposes of funding expenses for services provided to inmates of county correctional facilities which have privatized medical care; provided, that the department may expend not more than $500,000 in revenues collected from private medical vendors; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................................$500,000

4590-0914
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For a 3-year pilot program to promote the long term stability of direct care staffing and delivery of high quality care at the 4 public health hospitals by promoting the recruitment, retention and career advancement of direct care staff at said hospitals; provided, that the program may rely upon career path incentives, tuition and fee reimbursement, the purchase of training materials and contracted in-service training, internships and fellowships, web-based programs, agreements among said hospitals with the Commonwealth's public schools of nursing, and any other efforts that facilitate the pursuit of clinical competencies, higher degrees and advanced licensure, leadership and management skills, and other masteries that stabilize and enhance the delivery of patient care at the hospitals; provided further, that direct care employees of the departments of public health and mental health on the campuses of Lemuel Shattuck hospital, Tewksbury hospital, Western Massachusetts Hospital and the Massachusetts Hospital School shall be eligible for the program established in this section; provided further, that contracts of not less than 2 years' service at any of the hospitals shall be required of any direct care staff person benefiting from tuition reimbursement or other payment toward a degree from an institution of higher education funded by this item; provided further, that the program shall be managed by the hospital bureau of the department and may employ a program coordinator; provided further, that not more than $180,000 of the amount appropriated in this item may be expended for the salary and expenses of the program coordinator; provided further, that not more than $60,000 shall be expended for this purpose in any given year; provided further, that no expenditure shall be made from this item for the purpose of supplementing the wages paid to any such direct care staff; provided further, that the program shall file not less than 60 days before the end of the fiscal year a report summarizing objectives, strategies and achievements of the prior year; provided further, that the report shall make recommendations relative to the transferability of said accomplishments for implementation at other state-operated direct care facilities; and provided further, that the funds appropriated in this item shall be made available for expenditure through June 30, 2008...................$1,600,000

4590-0915
For the maintenance and operation of Tewksbury state hospital, Massachusetts hospital school, Lemuel Shattuck hospital, and for the hospital bureau, including the state office of pharmacy services; provided, that all revenue generated by the hospitals shall be credited to the General Fund; provided further, that no funds appropriated in this item shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item; provided further, that Tewksbury state hospital shall not be used to house county, state, or other prisoners; provided further, that the department shall take no action to reduce or realign the client population and services at Tewksbury hospital unless such action results in alternative service delivery in an appropriate and cost-effective method of care; provided further, that staffing configurations at Tewksbury hospital shall be consistent with the client population and service realignment; provided further, that Tewksbury hospital shall expend not less than $2,000,000 for the purpose of executing the Plan of Correction submitted by the department to the Center for Medicare and Medicaid Services; provided further, that not less than $1,000,000 shall be expended for capital needs of the hospitals; provided further, that $1,400,000 shall be made available for the purchase of medical and other equipment for the hospitals, including the Western Massachusetts hospital, pursuant to a schedule detailing the priority needs of each such hospital; provided further, that said schedule shall be filed by the hospital bureau with the house and senate committees on ways and means not later than September 1, 2005; provided further, that no such expenditures shall be made prior to the filing of the schedule; provided further, that the schedule shall be updated within 6 months of? filing to reflect any changes made to those priorities; provided further, that upon making final expenditures from the amount appropriated in this item, the schedule shall be updated to reflect actual purchases and be accompanied by a 5 year equipment replacement and upgrade plan; provided further, that $275,000 shall be made available for the second of 6 annual TELP payments for a CT scanner procured for Lemuel Shattuck hospital; provided further, that reimbursements received for medical services provided at the Lemuel Shattuck hospital to inmates of county correctional facilities not managed by private health care vendors shall be credited to item 4590-0903 of section 2B; and provided further, that notwithstanding any general or special law to the contrary the department shall seek to obtain federal financial participation for care provided to inmates of the department of correction and of county correctional facilities who are treated at the public health hospitals..............$120,205,305

Department of Social Services

4800-0015
For central and area office administration; provided, that the associated expenses of employees whose AA object class costs are paid from item 4800-1100 shall be paid from this item; provided further, that no funds shall be expended from this item for the compensation of unit 8 employees; provided further, that the department shall not place a child or adolescent referred by or discharged from the care of the department of mental health until the latter department forwards an assessment and recommendation as to whether the child or adolescent may be appropriately placed in foster care or, if due to severe emotional disturbance, is more appropriate for group care; provided further, that the department, in consultation with the department of mental health, shall establish guidelines to assist the latter department in making such assessments and recommendations; provided further, that unless otherwise authorized, all funds including federal reimbursements received by the department shall be credited to the General Fund; and provided further, not less than $1,000,000 shall be expended to hire additional staff needed to bring the department into compliance with regulations regarding foster care licensing, CORI checks, fair hearings, and any other finding of the April 14, 2005 audit.......................................$69,604,798

4800-0016
The department of social services may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county, or municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not for profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of social services may enter into a contract with Roca, Inc., a not for profit community based agency, to manage the transitional employment program and to provide services to participants from the ageing out population, parolees, probationers, youth service releasees, or other community residents considered to have employment needs.....................$2,000,000

4800-0025
For foster care review services............................................$2,688,606

4800-0036
For a sexual abuse intervention network program to be administered in conjunction with the district attorneys; provided, that each district attorney shall receive not less than the amount it received in the previous fiscal year for the sexual abuse intervention program........................................$736,272

4800-0038
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For stabilization, unification, reunification, permanency, adoption, guardianship, and foster care services provided by the department of social services; provided, that services funded through this item shall include shelter services, substance abuse treatment, family reunification networks, young parent programs, parent aides, education and counseling services, family preservation services, foster care, adoption and guardianship subsidies, tiered reimbursements used to promote the foster care placement of children with special medical and social needs, assessment of the appropriateness of adoption for children in the care of the department for more than 12 months, protective services provided by partnership agencies, targeted recruitment and retention of foster families, respite care services, post-adoption services, support services for foster, kinship and adoptive families and juvenile firesetter programs; provided further, that any child who would have been eligible for a clothing benefit under regulations in place on January 1, 2005 shall receive a clothing benefit in fiscal year 2006; provided further, that not less than $7,000,000 shall be expended to ease the transition of certain children from group care into community settings; provided further, that these children shall receive the services necessary for their care and protection during the transition; provided further, that the department shall report to the house and senate committees on ways and means and the joint committee on children and families by March 15, 2006 on the utilization of the transitional funds and the progress of the implementation of the department's reprocured system of care; provided further, that not less than $2,200,000 shall be expended for the Young Parent Support Program; provided further, that not less than $500,000 shall be expended on the recruitment and retention of foster parents;? provided further, that not later than February 17 of the current fiscal year the department shall provide to the house and senate committees on ways and means a recommendation on whether or not to discontinue any program, including earmarked programs, the cost of which,? per unit of service or service outcomes, do not fall within a reasonable standard; provided further, that not less than $348,850 shall be expended for Latinas y Ninos and Casa Esperanza; provided further, that not less than $300,000 shall be expended for Summerhill House in Norwood; provided further, that not less than $298,000 shall be expended for alternative schools for students aged 14 to 16, inclusive, who are placed before the court on child in need of services petitions in region 6; provided further, that not less than $295,000 shall be expended for Massachusetts Families for Kids; provided further, that not less than $257,000 shall be expended for a contract for an integrated family services team in region 6; provided further, that not less than $257,000 shall be expended for the Laboure Center in South Boston; provided further, that not less than $250,000 shall be expended on a juvenile firesetters program; provided further, that not less than $200,000 shall be expended for a statewide contract with Northeastern University for a violence prevention and conflict resolution program; provided further, that not less than $200,000 shall be expended to support the family center component of the Greater Lowell Family Resource Center; provided further, that not less than $150,000 shall be expended in region 1 for a community-based family unification counseling program to prevent juvenile delinquency; provided further, that not less than $150,000 shall be expended for a contract with Julie's Family Learning program in the South Boston section of the city of Boston; provided further, that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc.? for expansion of a year-round school-based program in Boston high schools and middle schools for pregnant teens, young mothers and fathers and other youth at high-risk for school dropout; provided further, that not less than $130,000 shall be expended for the Children's Cove Cape and Islands Child Advocacy Center; provided further, that not less than $104,123 shall be expended on the Teen Parenting program at Framingham High School; provided further, that not less than $100,000 shall be expended for the operation of the Healthy Families program; provided further, that not less than $100,000 shall be expended for North End Outreach Network of Springfield; provided further, that not less than $100,000 shall be expended for Alive with Awareness, Knowledge and Empowerment of Springfield; provided further, that not less than $100,000 shall be expended for a family re-unification program operated by Aid to Incarcerated Mothers to maintain strong parent-child relationships during a mother's incarceration; provided further, that not less than $100,000 shall be expended for the South End Community Center of Springfield, Inc.; provided further, that not less than $60,000 shall be expended by the Framingham office of the department of social services for the Metrowest Campership program operated by the Ashland youth advisory board; provided further, that not less than $50,000 shall be expended for Multicultural Alzheimer's Services Project in Springfield; provided further, that not less than $50,000 shall be expended for the purpose of providing case management services for the Amity Transitional Housing program in the city of Lynn; provided further, that not less than $45,000 shall be expended for a contract with Big Brothers and Sisters of Cape Cod and the Islands; provided further, that not less than $25,000 shall be expended for Concilio Hispano in Somerville; provided further, that not less than $20,000 shall be expended for the Haitian Coalition of Somerville; provided further, that not less than $20,000 shall be expended for the Massachusetts Association of Portuguese Speakers in Cambridge; and provided further, that not less than $15,000 shall be expended for a contract with child and family services of Cape Cod for the court diversion program............$272,741,996

4800-0041
The Governor has disapproved of certain language.
For group care services; provided, that funds may be expended from this item to provide intensive community based services to children who would otherwise be placed in residential settings; provided further, that the department shall form area review teams that shall evaluate the feasibility of maintaining the child in the community in this manner wherever possible before recommending placement in a residential setting; and provided further, that the department shall provide quarterly reports detailing the number of children diverted from residential settings, the programs in which they were placed, the associated cost savings from the diversion and any other measurements that would help assess the success of these programs in promoting the health and well-being of children.............$235,944,538

4800-0091
The department of social services may expend not more than $3,000,000 in federal reimbursements received under Title IV-E of the Social Security Act during fiscal year 2006 for the purposes of developing a training institute for professional development of social workers at the department of social services, with the University of Massachusetts Medical School and Salem State College; provided, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $3,000,000 shall be credited to the General Fund; provided further, that no funds shall be expended from this item for lease-purchases or the Family-Net System; and provided further, that not more than $50,000 may be expended for information technology purchases needed for the institute........................$3,000,000

4800-0151
For a program to provide alternative overnight nonsecure placements for status offenders and nonviolent delinquent youths up to the age of 17 in order to prevent the inappropriate use of juvenile cells in police stations for such offenders, in compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974; provided, that the programs which provide such alternative nonsecure placements shall collaborate with the appropriate county sheriff's office to provide referrals of those offenders and delinquent youths to any programs within the sheriff's office designed to positively influence youths or reduce, if not altogether eliminate, juvenile crime..............................$310,743

4800-1100
For the AA object class costs of the department's social workers; provided, that funds shall be directed toward mitigating social worker caseloads in those area offices furthest above the statewide weighted caseload standard and toward achieving a social worker caseload ratio of 18 to 1 statewide; provided further, that the department shall report monthly to the house and senate committees on ways and means on the current social worker caseloads by type of case and level of social worker assigned to cases, the caseload ratio of each social worker with a caseload ratio in excess of 18 to 1, the office in which each of the social workers works and the total number of social workers in excess of the 18 to 1 ratio by region; provided further, that only employees of bargaining unit 8 as identified in the Massachusetts personnel administrative reporting and information system shall be paid from this item; and provided further, that any other payroll or administrative expenses associated with the management or support of such employees shall be paid from item 4800-0015..............$136,297,301

4800-1400
For shelters and support services for people at risk of domestic violence; provided, that the department shall pursue the establishment of public-private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that services shall include supervised visitation programs, certified batterer intervention programs for indigent batterers and their families, and scattered site transitional housing programs, including programs to assist victims of domestic violence in finding and maintaining permanent housing; provided further, that participants in battered women's programs shall be provided with information regarding local transitional housing resources; provided further, that funding shall be made available to enhance counseling services for children who have witnessed domestic violence; provided further, that funding shall be made available for emergency shelters for substance abusing battered women; provided further, that funding shall be made available for a statewide domestic violence hotline; provided further, that the department shall continue to provide any match funding required by federal program? regulations; provided further, that not less than $1,037,000 shall be expended for the YWCA Battered Women's shelter in Springfield; provided further, that not less than $90,000 shall be expended for the New England Learning Center for Women in Transition Survivor's Project in Berkshire, Hampden, Franklin and Hampshire counties; provided further, that not less than $75,000 shall be expended for a domestic violence prevention program called Teens-At-Risk, operated by Portal of Hope for the communities of Everett, Lynn, Malden and Medford; provided further, that not less than $60,000 shall be expended for the Planned Learning Achievement for Youth program in Amherst, in collaboration with the department of education through an interagency service agreement; provided further, that not less than $50,000 shall be expended for the On the Rise shelter for homeless women in the city of Cambridge; provided further, that not less than $15,000 shall be expended for the Words not Weapons mentoring project in Saugus; provided further, that not less than $10,000 shall be expended for the Melrose Alliance Against Violence; provided further, that not less than $10,000 shall be expended for the domestic abuse response team which serves the Ipswich district court; and provided further, that domestic violence prevention specialists shall be funded from this item ............................................$20,867,496

Department of Mental Health

5011-0100
For the operation of the department; provided, that the department shall not refer or discharge a child or adolescent to the custody or care of the department of social services until the department of mental health forwards its assessment and recommendation as to whether the child or adolescent is appropriate for foster care or, if due to severe emotional disturbance, is more appropriate for group care ...................$37,144,330

5042-5000
The Governor has disapproved of certain language.
For child and adolescent services, including the costs of psychiatric and related services provided to children and adolescents, determined to be medically ready for discharge from acute hospital units or mental health facilities and who are experiencing unnecessary delays in being discharged due to the lack of more appropriate settings; provided, that for the purpose of funding those services, the commissioner of mental health may allocate funds from the amount appropriated in this item to other departments within the executive office of health and human services; provided further, that the department shall submit a report to the house and senate committees on ways and means not later than January 16, 2006 on the results of the collaboration between the department and the other departments within the executive office of health and human services; provided further, that the report shall detail the current status of the implementation of clinically appropriate service models for that population of children and adolescents, remaining disparities in the service system which require children and adolescents to be served in unnecessarily restrictive or otherwise clinically inappropriate settings and changes during fiscal years 2004 and 2005 in the clinical acuity of children and adolescents; provided further, that not less than $2,500,000 shall be expended for the Child Psychiatric Access project; and provided further, that not less than $1,800,000 shall be expended from this item in fiscal year 2006 to ensure that a licensed practitioner or a licensed nurse administers medication to children and adolescents whose mental health services are delivered by public or private providers of such services...............$71,419,901

5046-0000
The Governor has disapproved of certain language.
For adult mental health and support services; provided, that the department shall allocate funds in an amount not to exceed $5,000,000 from item 5095-0015, to this item, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities; provided further, that $100,000 shall be expended for a jail diversion program in Framingham; provided further, that the department shall submit a report to the house and senate committees on ways and means no later than March 1, 2006 on the feasibility of expanding this diversion program to other regions of the commonwealth; provided further, that funds spent from this item for the purposes of research in fiscal year 2006 shall not be less than the amount spent in fiscal year 2005 for such purposes; provided further, that not less than $3,000,000 shall be expended for services for clients of the department who are aging into the adult system from the child/adolescent mental health system or other systems of care if the clients meet the clinical eligibility criteria of the department; provided further, that the department shall report to the house and senate committees on ways and means no later than February 16, 2005 on the use of any funds expended for this purpose and provided further, that the department shall report to the house and senate committees on ways and means on the distribution of funds per adult and child planning population and the types of services received in each region for fiscal year? 2006 not later than February 1, 2006......................$293,277,097

5046-2000
For homelessness services; provided, that not less than $90,000 shall be expended for the provision of health services to the homeless and uninsured by Primary Care and Mental Health, Inc. located in the city of Lynn ...................$22,210,686

5046-4000
The department of mental health may expend not more than $125,000 in revenue collected from occupancy fees charged to the tenants in the creative housing option in community environments, the CHOICE program authorized by chapter 167 of the acts of 1987; provided, that all such fees collected shall be expended for the routine maintenance and repair of facilities in the CHOICE program including the costs of personnel ................$125,000

5047-0001
For emergency service programs and acute inpatient mental health care services; provided, that the department shall continue an interagency service agreement with the executive office of health and human services for the purchase of services and for such other services as the agreement may provide including, but not limited to, acute inpatient care and diversionary services; provided further, that the most recent savings projection from the implementation of the agreement may be expended for community services in the MM object class of this item; and provided further, that the emergency service programs shall take all reasonable steps to identify and invoice the third party insurer of all persons serviced by the programs..................$31,482,359

5047-0002
The Governor has disapproved of certain language.
The department of mental health may expend not more than $4,500,000 in revenue collected from services rendered in emergency programs and acute inpatient and diversionary settings on continuing care services in the community; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the department shall submit a report to the house and senate committees on ways and means not later than February 3, 2006 detailing the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served, the types of services purchased by region and the annualized impact of the expenditures in the subsequent fiscal year ..........................................$4,500,000

5055-0000
For forensic services provided by the department ............................$6,050,905

5095-0015
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of adult inpatient facilities, including the community mental heath centers; provided, that in order to comply with the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close psychiatric hospitals managed by the department and shall endeavor within available resources to discharge clients residing in the inpatient facilities to residential services in the community when the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed facility; provided further, that no action to reduce the client population of the Worcester or Westborough facilities for the sole purpose of closing the hospital shall be undertaken, and no steps shall be taken to close the institution through attrition, layoffs or any other means until a study of the hospital building plan is completed and the General Court shall have approved the closure of Worcester State Hospital and Westborough State Hospital; and provided further, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving inpatient care at the centers and facilities...$159,881,738

Department of Mental Retardation

5911-1000
For the administration of the department of mental retardation; provided, that the department shall not charge user fees for transportation or community day services; provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications of requests for transfer of guardianship; provided further, that notwithstanding any general or special law to the contrary, in fiscal year 2006 the comptroller shall transfer from the Uncompensated Care Trust Fund account established pursuant to subsection (p) of section 18 of chapter 118G of the General Laws an amount sufficient to reflect the costs of the assessment on public facilities collected pursuant to section 27 of chapter 118G of the General Laws and an amount sufficient to fund rate increases for services provided to MassHealth members by non-public intermediate care facilities and community based residences; provided further, the comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above; and provided further, that the assessments shall not be collected and the expenditures shall not be authorized until the department of mental retardation and the executive office of health and human services certify the receipt of federal approval of any home and community based waiver amendments and related Title XIX state plan amendments, if required...............$12,799,349

5911-2000
For transportation costs associated with the adult services program; provided, that the department shall provide transportation on the basis of priority of need as determined by the department; provided further, that not less than $109,522 shall be expended from this item for the Life Focus Center in the Charlestown section of the city of Boston..................$13,891,791

5920-1000
The Governor has disapproved of certain language.
For the operation of regional and area offices of the department; provided, that the department shall submit a semi-annual report to the house and senate committees on ways and means detailing the total number of service coordinators within the department, the number of consumers served by said coordinators, and the amount of time spent per month per consumer ...................$53,490,519

5920-2000
For vendor-operated community-based residential adult services, including intensive individual supports; provided, that $9,520,000 shall be expended in annualized funding for turning 22 clients who began receiving the services in fiscal year 2005 pursuant to item 5920-5000 of section 2 of chapter 149 of the acts of 2004; provided further, that $8,250,000 shall be expended for the fiscal year 2005 annualized cost of the settlement agreement Rolland vs. Cellucci, so-called, and $5,000,000 shall be expended for the fiscal year 2006 cost of the settlement; provided further, that the commissioner of the department of mental retardation shall transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of said funds to be transferred and which said commissioner shall file with the house and senate committees on ways and means 15 days prior to any such transfer; and provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2006; provided further, that not less than $100,000 shall be allocated for Special Olympics for the purpose of unified sports; provided further, that not less than $50,000 shall be expended for the Advocacy Resource Center in New Bedford to provide critical family support services in the area of community-based resident education for special needs children; provided further, that not less than $500,000 shall be expended for Best Buddies Massachusetts; provided further, that an additional $304,000 shall be expended on a contract with Work, Inc.? for enhance or expanded services to clients; and provided further that not less than $100,000 shall be provided for GROW in Stoughton.......$500,173,626

5920-2010
For state-operated community-based residential services for adults, including community-based health services for adults; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item......................$119,556,581

5920-2020
For compliance with the terms of the Settlement Agreement, dated December 19, 2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000; provided, that notwithstanding paragraph 41 of the Settlement Agreement for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts, no amount appropriated in this item shall fund attorneys' fees for this action.............$85,614,227

5920-2025
For community-based day and work programs for adults and for $2,720,000 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2005 pursuant to item 5920-5000 of section of chapter 149 of the acts of 2004; provided, that not less than $302,000 shall be expended for the Life Focus Center in the Charlestown section in the city of Boston................................$113,308,979

5920-3000
For respite services and intensive family supports and for $1,360,000 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2005 pursuant to item 5920-5000 of section 2 of chapter 149 of the acts of 2004; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services; and provided further, that not more than $50,000 be expended for the Friendship Home project in the town of Norwell..........................$51,289,967

5920-3010
For contracted support services for families with autistic children through the autism division at the department of mental retardation; provided, that not less than $200,000 shall be expended for the purposes of a contract with Melmark New England to provide training and support to families, educational collaboratives and public school districts on methods for coping with behavioral challenges associated with children who have autism spectrum disorders..............$1,200,000

5920-5000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For services to clients of the department who turn 22 years of age during state fiscal year 2006; provided, that the amount appropriated herein shall not annualize to more than $13,600,000 in fiscal year 2007; provided further, that the department shall report to the house and senate committees on ways and means not later than January 2, 2006, on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region;..................................$6,467,670

5930-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin Regional Center; provided, that in order to comply with the provisions of the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close intermittent care facilities for the mentally retarded, hereinafter 'ICF/MRs', managed by the department and shall endeavor, within available resources, to discharge clients residing in the ICF/MRs to residential services in the community if the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in ICF/MRs; provided further, that any client transferred to another ICF/MR as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed ICF/MR; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative, including both past actions and proposed future actions; provided further, that the report shall include information relative to the status of residents of the Fernald Developmental Center; provided further, that the report shall include: the number of clients transferred from facility care into the community, the community supports provided to clients discharged from facility care into the community and the current facility bed capacity relative to the number of clients in ICF/MRs managed by the department; provided further, the report shall also include steps being taken to help minimize increases in travel distances for family members visiting clients at ICF/MRs resulting from the transfer of clients from one ICF/MR to another; provided further, that the department shall submit the report no later than February 15, 2006; provided further, that the Fernald development Center shall not be closed before October, 2005 to ensure adequate community, client, and family member input into the closure planning process; provided further, that the department of mental retardation shall submit a plan regarding community transitions from ICF/MRs by January 1, 2006 to the house and senate committees on ways and means; provided further, that said plan shall detail the transition of clients from said school to appropriate settings; provided further, that the plan shall include consideration for the transition of employees of said school into community setting with their clients in order to ensure continuity of service wherever possible; provided further, that said plan shall be subject to the approval of the house and senate committees on ways and means; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item.....................$165,986,286

5982-1000
The department of mental retardation may expend not more than $100,000 accrued through the sale of milk and other farm-related and forestry products at the Templeton Developmental Center for program costs of the center, including supplies, equipment and maintenance of the facility; provided, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system........................$100,000

EXECUTIVE OFFICE OF TRANSPORTATION.

Office of the Secretary.

6000-0100
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the office of the secretary of transportation; provided, that the office shall collaborate with the department of transitional assistance in its efforts to develop a program of transportation services for current and former recipients of the transitional aid to families with dependent children program pursuant to item 4401-1000; provided further, that the office shall submit to the joint committee on transportation and the house and senate committees on ways and means monthly reports detailing projects funded through the statewide transportation improvement program including, but not limited to, the location of the projects, the cost of the projects, the date of advertisement of the projects, the commencement date of the projects, the projected completion date of the projects and the source of funds for the projects; provided further, that the office shall also provide the committees with quarterly reports detailing construction and reconstruction projects on town and county ways as described in paragraph (a) of clause (2) of the first paragraph of section 34 of chapter 90 of the General Laws for which municipalities are projected to seek, have filed claims or have been paid state reimbursement; provided further, that a city or town shall comply with the procedures established by the secretary to obtain the necessary information to produce the reports; provided further, that the reports shall include, but not be limited to, the cost of the projects by city or town, the source of funding of the projects by city or town and the commencement and completion dates of the projects by city or town; provided further, that the secretary of the executive office of transportation, in collaboration with the commissioner of highways, shall file a report each year with the joint committee on transportation and the house and senate committees on ways and means by June 30, 2006 and the last day of each subsequent fiscal year; provided further, that no less than $25,000 shall be expended for costs associated with the special transportation finance comission established under section 13 of chapter 196 of the acts of 2004; provided further, that the report shall include spending in the commonwealth through the statewide road and bridge program, the Chapter 90 program, the Small Town Road Assistance Program and all other programs expending funds for road and bridge projects within the commonwealth; provided further, that the report shall detail the location of the project by city or town, a brief project description, the project cost, the expected completion date, the source of funding and any other information deemed necessary; provided further, that the office shall submit to the house and senate committees on ways and means quarterly reports detailing all personnel-related expenditures made from capital funds; provided further, that the reports shall delineate for the executive office and for each agency, board, authority or commission under its control, the amounts paid in the prior quarter as compensation for each type of position assigned to capital projects that were charged to each such funding source; provided further, that the reports shall also delineate by funding source any other amounts paid for personnel-related costs that were charged to those funds, including payroll allocations for budgetary employees, fringe recovery and other chargebacks; provided further, that the reports shall identify the number of full time equivalent personnel classified in each position type; provided further, that the reports shall list all employees who are paid from this item and items 6010-0002 and 6006-0003 who also receive payments from any capital funds; provided further, that the reports shall include for each of those employees how much money the employees receive from the items and how much money each employee receives from any capital funds; provided further, that the reports shall delineate the information for full-time employees, part-time employees and contracted personnel; and provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements.....................$229,158

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

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

6000-0200
For the inter-district transportation program; provided, that this program shall include routes currently serviced through the inter-district transportation program including, but not limited to, bus routes Lift 5, 6 and 7 so-called; provided, that the program shall be administered by the executive office of transportation; provided further, that the executive office of transportation shall negotiate an extension of all existing contracts for fiscal year 2006; provided further, that before the execution of the extensions, and at the end of fiscal year 2006, the executive office shall request and each contractor shall provide all necessary books, materials, records and other compilations of data from each contractor to establish the appropriate state subsidy associated with each bus route; and provided further, that the compilations of data shall be made available to the senate and house committees on ways and means and the joint committee on transportation....................................
$2,000,000

6005-0015
For certain assistance to the regional transit authorities, including operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the inter-city bus capital assistance program; provided, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July 1, 2005 and ending June 30, 2006, may enter into contracts with the authorities; provided further, that notwithstanding section 152A of chapter 161, and section 23 of chapter 161B of the General Laws, the amount shall be at least 50 per cent and up to 75 per cent of the net cost of service of each authority incurred in fiscal year 2005 shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that the share assessed upon the cities and towns shall be at least 25 per cent of the net cost of service; provided further, that in the event that 25 per cent of the net cost of service of each authority exceeds 102.5 per cent of the previous year's local assessment, excluding payments made by cities and towns for the costs of new service, for which the cities and towns have not previously been assessed, as allowed by chapter 580 of the acts of 1980, the regional transit authority shall reduce its operating expenses or increase its revenues to meet the difference; provided further, that operating expenditures of each of the regional transit authorities for fiscal year? 2006 shall not exceed 102.5 per cent of its operating expenditures for fiscal year 2005; provided further, that for the purposes of this item, operating expenditures shall not include federal, private or additional municipal non-state revenue sources or any expenses arising from the provision of services required by the Americans with Disabilities Act, or new services implemented after July 1, 1999 in an amount not to exceed a total of $3,613,905 for the 15 regional transit authorities; provided further, that the new services must have first received approval of the appropriate regional transit authority advisory board; provided further, that not less than 25 per cent of the net cost of service of the new services shall be assessed to the cities and towns of the appropriate transit authority, as detailed previously in this item; provided further, that each regional transit authority which provides the new services must file a report with the house and senate committees on ways and means and the joint committee on transportation, detailing the total costs and revenues associated with the new service; provided further, that the cost of the new services shall not annualize to more than $3,613,905; provided further, that not later than January 1, 2006, each of the 15 regional transit authorities shall submit to the house and senate committees on ways and means a report detailing any and all revenues collected as a result of services provided pursuant to item 4401-1000; provided further, that the executive office of transportation shall work cooperatively with the authorities and other public and private funding sources to maximize new revenues sources to expand transit services; provided further, that the authorities and the executive office of transportation shall develop processes and procedures for contracts for services with other state agencies; provided further, that the executive office of transportation and the authorities shall develop a 5-year transit plan for operational and capital objectives that the parties may measure against and plan toward and shall file the plan with the house and senate committees on ways and means no later than April 1, 2006; provided further, that the executive office of transportation and the authorities shall work cooperatively to implement multi-year contracting for regional transit authority capital projects, particularly for construction projects and other multi-year commitments of the authorities; provided further, that the regional transit authorities shall implement structural, managerial and administrative reforms in order to achieve cost savings in services provided by the authorities; provided further, that the reforms shall include, but not be limited to, improved financing procedures for capital needs, approved plans for short and long-term service, a coordinated program of mass transportation for the regional transit authorities that provides standards of service for the authorities for types of service, passenger miles, hours of service, cost of service by route and mile and passenger, non-transportation revenue and system revenue generating options included, but not limited to, fare revenue and advertising revenue, assessments on member cities and towns, net operating investment per passenger-mile ratio and service quality standards; provided further, that the program shall involve an approach to service coordinated with the Massachusetts Bay Transportation Authority and other transit providers in order to achieve maximum efficiency of regional transit authority service routes; provided further, that all regional transit authorities shall achieve the fare and/or revenue recovery ratio of 40 per cent within 24 months from the effective date of this act; and provided further, that the Massachusetts Association of Regional Transit Authorities shall, on or before November 15, 2005, report to the joint committee on transportation and the house and senate committees on ways and means on the operations of the authorities in the first half of fiscal year 2006, and focus the report on the reforms and improvements .................................... $
50,182,640

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

Massachusetts Aeronautics Commission.

6006-0003
For the administration of the commission, including the expenses of the commissioners ................
$524,922

Department of Highways.

6010-0001
For personnel costs of the department of highways, for certain administrative and engineering expenses and equipment of the highways commission, the office of the commissioner of highways, the division of administrative services, highway engineering, highway maintenance, highway construction, the outdoor advertising board, district and other highway activity offices, materials, supplies, fleet maintenance and equipment, general maintenance and equipment and the maintenance and operation of state highways and bridges, and for the costs associated with the global positioning system program; provided, that no expenditures shall be made from the AA object code; provided further, that portions of state highway routes 1A, 129, 129A, 114 and 127 in the cities of Lynn, Salem, Beverly and Gloucester and the towns of Swampscott, Marblehead, Manchester-by-the-Sea and Rockport are hereby designated as state scenic byways; provided further, that notwithstanding any general or special law to the contrary, the department may expend from capital authorizations amounts necessary to cover operational costs of the department in excess of amounts appropriated in this item to ensure that adequate staffing levels are maintained to support the services and programs offered by the department; provided further, that the department shall develop a plan that, by June 30, 2007, shall phase into the budgetary appropriation all personnel costs transferred to capital authorizations since June 30, 2002; provided further, that such plan be reported to the house and senate committees on ways and means by December 31, 2005; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means detailing all amounts expended on bond-funded capital projects under the jurisdiction of the department, and for all administrative and personnel expenses of the department charged to such bonds; provided further, that the reports shall be filed not later than 30 days after the end of each quarter; provided further, that notwithstanding any administrative bulletin or general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the division of operational services; provided further, that the department shall not be subject to section 36A of chapter 30 of the General Laws and section 22 of chapter 7 of the General Laws, but shall submit to the secretary of transportation for approval requests to repair vehicles costing in excess of the limit set forth in said section 22 of said chapter 7; provided further, that the costs of routine highway maintenance provided by private and union workers in contract areas in contract areas 1A, 1B, 2A, 2B, 3A, 3B, 3C, 4A, 4B, 4C, 4D, 5A, 5B, and 5C and for costs associated with police services and overtime within the areas shall be paid from this item; provided further, that $90,000 shall be made available for all contractual contingency costs associated with highway maintenance in said areas; provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means detailing for each contract area expenditures for the costs of contractual contingency fees, personnel, police services, overtime, materials, and vehicle repair; and provided further, that $15,000 shall be expended for the beaver maintenance in the town of Orange ................................
$15,296,640

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

6010-0002
For AA object class payroll costs of item 6010-0001; provided, that the funds appropriated in this item shall be the only source of funding for all overtime expenses associated with the department's snow and ice control efforts ....................................
$19,402,594

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

6010-0003
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
The department of highways may expend revenues collected up to $7,000,000 from revenue generated from promotional programs; provided, that funds collected are to be used for the management of that program and for highway maintenance costs; provided further, that the department shall prepare a report delineating the proposed allocation of funds to be expended for the management of that program and highway maintenance costs; provided further, that the report shall be filed with the house and senate committees on ways and means 30 days prior to any encumbrance of the funds; and provided further, that the program and any expenditures made pursuant to the program must comply with all statutes, rules and regulations governing billboards, signs and other outdoor advertising devices ..............................
$7,000,000

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

6030-7201
For the cost of hired and leased equipment, vehicle repair, fuel costs, and sand, salt, and other control chemicals used for snow and ice control; provided further, that $20,000 shall be expended for conducting an environmental assessment and developing a remediation plan to address the ongoing pollution of drinking water in the town of Andover due to the presence of a salt storage depot in that town ............................... $20,000,000

Registry of Motor Vehicles

8400-0001
For the administration and operation of the registry of motor vehicles, including the title division and including all rent and related parking and utility expenses of the registry; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar and the director of employee relations shall not be subject to civil service laws and rules; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the information technology division and pursuant to schedules by the division; provided further, that 40 per cent of the costs of personnel services associated with the registry computer, which reflects the proportionate use of the computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section 183 of chapter 6 of the General Laws; provided further, that the registry may operate a full-service branch in the town of Southbridge; provided further, that the registry shall operate an office in the city of Fall River; provided further, that not less than $110,000 shall be expended to operate a license express office in the city of Lynn; provided further, that the registry may operate a full service office in the town of Milford to be operated 5 days a week; provided further, the registry shall operate a license express office in the town of Walpole; provided further, that the registry shall operate a license express office in the town of Falmouth; provided further, that the registry may operate a full-service office in the city of Lowell; provided further, that the registry may operate a license express office in the Grove Hall neighborhood in the city of Boston; provided further, that the registry shall operate an office in the city of Taunton and the town of Plymouth which shall handle license business, learner's permits, road testing and full service registration business to the general public; provided further, that the registry shall establish and maintain a record of all vehicles leased within the commonwealth for a period longer than 30 days; provided further, that the record shall include, but not be limited to, the names and addresses of the lessor and the lessee; provided further, that the registry shall take all steps necessary to improve customer service within existing resources; and provided further, that the registry may operate within the Springfield branch a one-stop international registration plan office for truck registrations to serve the counties of Hampden, Hampshire, Franklin and Berkshire .................................... $46,598,649

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

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

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

8400-0033
The registry of motor vehicles may expend revenues collected up to a maximum of $3,500,000 from the fees charged for driver record access, operating under the influence reinstatement and registration reinstatement; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the registry may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the information technology division and pursuant to schedules prepared by the division; provided further, that 40 per cent of the costs of personnel services associated with the registry computer, which reflects the proportionate use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section 183 of chapter 6 of the General Laws; and provided further, that no costs payable in the AA object class shall be charged to this item ............................... ?
$3,500,000

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

Board of Library Commissioner

7000-9101
For the operation of the board of library commissioners; provided, that the provisions of section 19A of chapter 78 of the General Laws or any other general or special law to the contrary, for the fiscal year 2006 state aid to public libraries program, the board of library commissioners shall consider that Lynn has met the standard of minimum hours of service as set forth in section 19B of chapter 78 of the General Laws and defined in 605 CMR 4.01(3); provided further, that the board shall grant temporary certification to Lynn by August 31, 2005, upon receipt of a preliminary report showing compliance with the materials expenditure requirement during fiscal year 2005 and showing that the library has met the municipal appropriation requirement, or is likely to qualify for a waiver of said requirement, in the 2006 state aid to public libraries program; provided further, that the board shall grant temporary certification to Beverly by August 31, 2005, upon receipt of a preliminary report showing compliance with the materials expenditure requirement and hours of service requirement during fiscal year 2005 and showing that the library has met the municipal appropriation requirement in the 2006 state aid to public libraries program; and provided further, that in order for either city to retain this certification and receive a grant award it must successfully complete the annual certification process of the board in fiscal year 2006......................
$985,720

7000-9401
For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by clauses (1) and (2) of section 19C of chapter 78 of the General Laws, as it deems proper, to regional public library systems throughout each fiscal year, in compliance with the office of the comptroller's regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding said section 19C of said chapter 78 or any other general or special law to the contrary, the Boston Public Library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to $1.06 per resident in the commonwealth; and provided further, that notwithstanding any general or special law to the contrary, in calculating the fiscal year 2006 distribution of funds appropriated herein, the board of library commissioners shall employ population figures used to calculate the fiscal year 2005 distribution ..............................................
$15,230,361

7000-9402
For the talking book library at the Worcester public library .........................................................
$325,000

7000-9406
For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $50,000 shall be expended for the National Federation of the Blind Newsline Program ...............................
$1,978,550

7000-9501
For state aid to public libraries; provided, that notwithstanding any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of the city or town for free public library services is below an amount equal to 102.5 per cent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding any general or special law to the contrary, the board of library commissioners may grant no more than 55 additional waivers in excess of the waiver limit set forth in the second paragraph of section 19A of chapter 78 of the General Laws in fiscal year 2006 for a period of not more than 1 year; provided further, that notwithstanding any general or special law to the contrary, of the amount by which this item exceeds the amount appropriated in chapter 194 of the acts of 1998, funds shall be distributed under the guidelines of the municipal equalization grant program and under the guidelines for the library incentive grant program; and provided further, that any payment made under this item shall be deposited with the treasurer of the city or town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding any general or special law to the contrary .................................................... $9,039,844

7000-9506
For the technology and automated resource sharing networks ..................................................... $2,000,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT

7002-0010
For the office of the secretary of the executive office of economic development; provided, that agencies within the executive office, may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements; provided further, that the office shall be the primary governmental office or agency to facilitate motion picture production and development within the commonwealth ................
$398,808

7002-0012
For a youth-at-risk program targeted at reducing juvenile delinquency in high risk areas of the commonwealth; provided, that $500,000 of these funds shall be matched by private organizations..........................................$4,000,000

Department of Labor

7002-0200
For the operation of the division of occupational safety; provided, that the division may employ staff not subject to chapter 31 of the General Laws for a program to evaluate asbestos levels in public schools and other public buildings; and provided further, that funds shall be expended from this item for the GG subsidiary costs of the board of conciliation and arbitration, the division of apprentice training, the labor relations commission and the division of occupational safety.............................................
$2,480,246

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

7002-0500
For the operation and administrative expenses of the division of industrial accidents; provided, that not less than $800,000 shall be expended for occupational safety training grants; provided further, that said division shall submit a report not later than February 1, 2006 to the house and senate committees on ways and means detailing the scope, objective and results of grant recipients' safety training program; provided further, that the General Fund shall be reimbursed the amount appropriated in this item and for associated indirect and direct fringe benefit costs from assessments levied pursuant to section 65 of chapter 152 of the General Laws; provided further, that the division shall assign a judge to hear cases in the county of Berkshire not less than once a month; and provided further, that the treasurer may release to the division, subject to adequate and appropriate documentation of the need, to the workers' compensation advisory council and the affirmative vote of at least 7 members of the workers' compensation advisory council, sufficient funds from the special reserve account established in clause (c) of subsection (4) of said section 65 of said chapter 152 to pay for expenses to continue expansion of the conversion of the agency's computer system from unify to oracle .......................................
$19,788,445

7002-0600
For the operation of the labor relations commission..................................$832,701

7002-0700
For the operation of the joint labor management committee for municipal police and fire ..............
$530,126

7002-0800
For the operation of the board of conciliation and arbitration ...................................................... $768,337

Department of Workforce Development.

7002-0100
For the administration of the department of workforce development, including the divisions under the control of the department; provided, that on January 4, 2006 the director of the department of workforce development shall submit to the house and senate committees on ways and means a comprehensive report describing in detail the job training services, including labor exchange, skills training and remedial education services related thereto which have been provided during the course of the fiscal year in the commonwealth, describing the systems for delivery of such services, describing the costs of such services and the sources of revenue for such services .......................................................... $150,000

7002-0101
The Governor disapproved the wording.

For the operation of the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter 31 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, the deputy director shall require each apprentice entering into a written agreement to submit an application to the division for an apprentice identification card; provided further, that the application shall be accompanied by a fee of $35 and paid by the apprentice or the program sponsor, together with photographic prints as required by the deputy director; provided further, that the first $50,000 of the fees collected by the? division for this identification card program shall be deposited into the special trust account created to fund and maintain the identification card program pursuant to chapter 11W of chapter 23 of the General Laws and the remainder of all fees collected shall be deposited into the General Fund; provided further, that an apprentice identification card shall contain the photograph of the apprentice, the apprentice registration number or such other number as the deputy director requires, the name and business address of the appropriate apprenticeship committee or single employee sponsor, the steps of progression and related dates applicable to the apprentice, and the projected date on which the apprentice is projected to complete the apprenticeship; provided further, that as a condition of his apprenticeship the apprentice shall keep the apprentice identification card on his person during his hours of employment during the apprenticeship; provided further, that any apprentice performing work on a project or projects subject to this item shall maintain in his possession an apprentice identification card; provided further, that any apprentice who is determined by the deputy director to be un-enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project or projects; and provided further, that for every week in which an apprentice is employed by a contractor, subcontractor, or public body subject to this section, a photocopy of said apprentice's apprentice identification card, shall be attached to the records submitted under this item ...............................
$419,961

7003-0604
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the career ladder grant program in long-term care established pursuant to section 410 of chapter 159 of the acts of 2000; provided, that grants shall be available for certified nurses' aides, home health aides, homemakers and other entry level workers in long-term care; provided further, that the grants may include training for English for speakers of other languages and other language and adult basic education programs to improve quality of care and improve direct care worker access to and participation in career ladder training; provided further, that the length of such grants shall not exceed a period of 3 years; provided further, that the Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee; provided further, that the administrative and program management costs for the implementation of the grant program shall not exceed 4 per cent of the amount appropriated in this item; and provided further, that each grant may include funding for technical assistance and evaluation...........
$1,500,000

7003-0605
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the operation and maintenance of the Massachusetts Manufacturing Extension Partnership for the purpose of maintaining and promoting manufacturing as an integral part of the Massachusetts economy ..........................
$850,000

7003-0701
For grants and technical assistance administered by the department of workforce development, pursuant to section 2RR of chapter 29 of the General Laws and for the cost of collecting the assessment established in section 14L of chapter 151A of the General Laws; provided, that the department of workforce development shall provide a report on the grants and technical assistance programs authorized herein detailing the firms receiving grants, by number of employees, revenues, and industry, to the house and senate ways and means committee by January 15, 2006; provided further, that the report shall include specific measures of how grant recipients were able to increase job growth, retention rates, and productivity as a result of the grants; provided further, that the report shall include measures of whether training participants received promotions and increased incomes as a result of training; provided further, that not more than $3,000,000 shall be expended for direct technical assistance pursuant to clause (2) of subsection (b) of said section 2RR of said chapter 29; provided further, that of said $3,000,000, not less than $75,000 shall be provided to the Workforce Investment Board Association to support the activities of business, labor, education, youth councils, and community members in leading regional workforce development systems; provided further, that of said $3,000,000, each of the 16 workforce investment boards shall receive $75,000 in fiscal year 2006; provided further, that of said $3,000,000, each of the boards shall receive $20,000 for youth councils; and provided further, that the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training............................................................................................... $21,000,000

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

7003-0702
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For grants to be administered by the department of workforce development; provided, that not less than $900,000 shall be expended on the Massachusetts Service Alliance; provided further, that not less than $500,000 shall be expended for a high school science teacher training program in biotechnology by Commonwealth Corporation; provided further, that not less than $450,000 shall be expended for education, career development and employment service programs operated by the Urban League of Massachusetts; provided further, that not less than $400,000 shall be expended on the Commonwealth Corporation; provided further, that not less than $350,000 shall be provided to the town of Blackstone for the Lake Hiawatha area; provided further, that not less than $300,000 shall be expended for the Jewish Memorial Hospital for the purposes of employee skills training and development; provided further, that not less than $300,000 shall be expended to provide employment, training and job placement by Year Up of Boston; provided further, that not less than $300,000 shall be expended for a hospital skill training program operated by the Commonwealth Corporation; provided further that not less than $250,000 shall be expended to fund need based workforce development related to continuing education grants administered by the Access Program of Boston, an affiliate program of the Boston Plan for Excellence; provided further, that not less than $250,000 shall be expended for a gang intervention prevention program called the Senator Charles E. Shannon Jr. At-Risk Youth Project, operated by the Center for Teen Empowerment Inc., for the community of Somerville; provided further, that not less than $250,000 shall be expended on the Acre Urban Revitalization project in the city of Lowell; provided further; that not less than $250,000 shall be expended for the Center for Women & Enterprise; provided further, that not less than $250,000 shall be expended on the Jackson-Appleton-Middlesex plan in the city of Lowell; provided further, that not less than $250,000 shall be expended to support the Technology Initiative of the Metro South/West Regional Employment Board for the development of the Technology Centers of Excellence serving the region's youth and business but the grant shall require a 200 per cent match from the private sector; provided further, that not less than $200,000 shall be expended on the welfare-to-work employment mentoring program to be operated by the Jewish Vocational Service and the Women's Union in the city of Boston; provided further, that not less than $200,000 shall be expended for Centro Latino de Chelsea to provide workforce training, educational services and other transitional services in the city of Chelsea; provided further, that not less than $200,000 shall be expended to the Western Massachusetts Enterprise Fund; provided further, that not less than $200,000 shall be expended on the Southeastern Economic Development Corporation's microenterprise programs as a supplemental match to conduct an entrepreneurial training and technical assistance program for support of emerging high-growth microenterprises that are owned by or employ income-eligible residents; provided further, that not less than $200,000 shall be expended for the Massachusetts Career Development Institute, In (MCDI) in Springfield; provided further, that not less than $195,000 shall be expended for 3 full-time equivalent rapid response labor specialists at the Massachusetts AFL-CIO; provided further, that not less than $150,000 shall be expended for a Farm Workers' Council serving low income people and the Hispanic population in western Massachusetts; provided further, that not less than $139,500 shall be expended for Just-a-Start Corporation to provide training for entry level employment in the biotech and medical fields for 30 unemployed or displaced workers, or persons receiving benefits from transitional aid to families with dependent children; provided further, that not less than? $135,000 shall be expended for incumbent worker coordinators at the Massachusetts AFL-CIO; provided further, that not less than $127,000 shall be expended for the employee involvement and ownership program; provided further, that not less than $105,000 shall be made available to the E-Team Machinist Program in the city of Lynn; provided further, that not less than $100,000 shall be provided to the Workforce Investment Association of Ma, Inc.? for the purpose of assisting administrators, career center directors, and fiscal agents; provided further, that $100,000 shall be expended for the Boston Health Care and Research Training Institute; provided further, that not more than $100,000 shall be expended for both the Reunion Center in the town of Easthampton and the Easthampton Youth Entrepreneurship Project; provided further, that not less than $100,000 shall be expended for the Hispanic Chamber of Commerce in the city of Holyoke; provided further, that not less than $100,000 shall be expended for the MetroWest/495 Corridor Partnership, as successor to the I-495 Technology Initiative; provided further, that not less than $100,000 shall be expended for the Springfield Technical Assistance Program to be operated by the Affiliated Chambers of Commerce of Springfield; provided further, that not less than $100,000 shall be expended for Centro Las Americas to provide workforce training, educational services and other transitional services in the city of Worcester; provided further, that not less than $95,000 shall be expended for the Mature Workers Program of the Cape and Islands Workforce Investment Board; provided further, that not less than $75,000 shall be expended for the Martin Luther King, Jr. Business Empowerment Center in the city of Worcester; provided that $75,000 shall be expended as a planning grant for the Springfield Health Careers Partnership Program, UMASS/Amherst School of Public Health and Health Sciences; provided further, that not less than $65,000 shall be expended for economic and workforce development opportunities in the downtown and waterfront districts in the city of Lynn; provided further, that not less than $50,000 shall be expended for the Allston-Brighton vocational adjustment center for the continued operation of a job training and placement center; provided further, that not less than $40,000 shall be expended to enhance the economic vitality of the Santilli circle area in Everett; and provided further, that not less than $7,500 shall be provided for the Bonnie Brae Camp in the city of Gardner ......................................................... $7,959,000

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

7003-0803
For the one-stop career centers; provided, that not less than $2,750,000 shall be expended for the one-stop career centers that were in existence on May 1, 1997, located in the Boston, Hampden county and the metro north service delivery areas and any satellite offices thereof which opened on or before December 1, 1997; provided further, that each career center shall inform unemployed or underemployed recipients of transitional aid to families with dependent children benefits who seek assistance from the center of the full range of education and training programs that are available to them, the availability of jobs in the professions for which the programs prepare participants, and the average wage rates in the professions within the commonwealth; provided further, that such information shall encompass certified nurses aide training programs, job availability and wage rates; and provided further, that not less than $1,000,000 shall be expended for 1-stop career centers that opened after January 1, 1999 .......................................................... $4,000,000

Department of Housing and Community Development

7004-0000
For the commonwealth development coordinating council; provided, that not less than 30 days before entering into any interagency service agreement, the council shall report in writing to the house and senate committees on ways and means a description of the agreement, including its purpose, the employees expected to be affected, and the estimated amount of the funds involved; provided further, that not later than September 15, 2005 said council shall submit a report detailing its fiscal year? 2005 payroll, operational and administrative expenditures to the house and senate committees on ways and means; provided further, that said report shall detail all sources of funding used in fiscal year 2005 and an explanation of all funds expended in excess of the amount appropriated in this item in fiscal year 2005; and provided further, that no funds appropriated herein shall be expended or encumbered after September 16, 2005 unless said report has been submitted to the house and senate committees on ways and means ............................................ $246,720

7004-0001
For the Indian affairs commission; provided, that not less than $100,000 shall be expended for the development of a Native American Institute to be developed in conjunction with the Massachusetts Commission on Indian Affairs and Tribal Leaders in Massachusetts .....................................$198,449

7004-0099
For the operation of the department of housing and community development; provided, that notwithstanding any general or special law to the contrary, the department may make expenditures for the purposes of the department against federal grants for certain direct and indirect costs pursuant to a cost overhead allocation plan approved by the comptroller; provided further, that the comptroller shall maintain an account on the Massachusetts management accounting and reporting system for the purpose of making such expenditures; provided further, that expenditures made against the account shall not be subject to appropriation and may include the cost of personnel; provided further, that notwithstanding any general or special law, rule, or regulation to the contrary, the department of housing and community development may conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-9005, 7004-9009, 7004-9014, 7004-9019, 7004-9020, 7004-9024, 7004-9030 and 7004-9033; provided further, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant's or tenant's household for use in verification of income eligibility; provided further, that said department may deny or terminate participation in subsidy programs for failure by an applicant or a tenant to provide a social security number for use in verification of income eligibility; provided further, that said department may also consult with the department of revenue, the department of transitional assistance or any other state or federal agency which it deems necessary to conduct such income verification; provided further, that notwithstanding the provisions of any general or special law to the contrary, such state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that for the purposes of conducting such income verification, the director of said department may enter into an interdepartmental service agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants' households; and provided further, that for the purposes of clarification only, notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, said department may authorize neighborhood housing services corporations to retain, re-assign, and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program; provided further, that not less than $125,000 shall be expended for the Hungry Hill Development Corporation in the city of Springfield; provided further, that not less than $10,000 shall be expended for the Turning Point Day Resource Center for the Homeless in the town of Wareham; provided further that $25,000 shall be expended for the Allston-Brighton Community Development Corporation continued operation of a grant program to enhance housing quality standards; provided further, that $50,000 shall be expended for the continued operation of computer technology centers at the Commonwealth Housing Development, the Jackson Mann Community Center and the Power Up Center at Brighton High School; provided further, that not less than $100,000 shall be expended for the Pleasant Street Neighborhood Network Center in Worcester; provided further, that not less than $100,000 be expended for Neighbors in Need in Lawrence; provided, that $250,000 shall be granted to the town of North Reading for the costs of the economic development of property off Elm Street commonly known as the Smith Farm and shown on North Reading assessors maps as map 62 lot 78, map 62 lot 38, map 75 lot 08 and map 76 lot 17; provided further, that not less than $15,000 shall be made available to the town of Reading for the upgrade, renovation, repair or installation of technology equipment and infrastructure for the use of municipal government; provided further, that not less than $95,000 shall be expended for the Boston Housing Authority for a program to provide certain tenant services for the West Broadway Task Force; provided further, that funds appropriated herein shall be obligated for expenditure by the West Broadway Task Force for the purposes of tenant services provided by said Task Force; provided further, that funds appropriated herein shall not be expended by the Boston Housing Authority for discretionary purposes; provided further, that not less than $53,000 be expended for Food for the World Pantry; provided further that $61,200 shall be expended for the Worcester Housing Authority for a resident services employment coordinator; provided further, that the amount of $100,000 shall be expended for the Springfield Neighborhood Housing Services, Inc.; provided further, that not less than $25,000 be expended for Marlborough Community Development Corporation; providing further, that not less than $25,000 shall be expended for one staff position for the Beverly Affordable Housing Coalition; provided further, that no less than $20,000 shall be expended for Methuen-Arlington Neighborhood, Inc.; provided further, that not less than $50,000 shall be expended for the Cambridge Housing Authority Work Force Program; provided further, that not less than $100,000 shall be expended for the Indian Orchard Main Street Partnership; provided further, that $200,000 shall be expended on technical assistance for smart growth administration; provided further, that $100,000 shall be expended for the design phase of the Pembroke Council of Aging; and provided further, that not less than $100,000 shall be made available for case management services for indigent households residing in subsidized affordable rental housing in southeastern Massachusetts owned and operated by a not-for-profit organization;......................................................................................................... $8,559,992

7004-2475
For the homeownership opportunity affordable housing program; provided, that all sums appropriated shall be used to write down interest rates on soft second mortgage loans for low and moderate income first-time home buyers .............................................?
$2,500,000

7004-3036
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For housing services and counseling; provided, that not less than $1,000,000 shall be expended as grants for the operation of 9 regional housing consumer education centers operated by the regional nonprofit housing authorities; provided further, that the grants shall be through a competitive application process under criteria created by the department; provided further, that not less than $141,000 shall be expended for the Just-A-Start Corporation to administer a housing stabilization conflict management services program to prevent homelessness; provided further, that $80,925 shall be expended for the Central Massachusetts Housing Alliance; and provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees............................................ $1,221,925

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

7004-9005
For subsidies to housing authorities and nonprofit organizations including funds for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections 32 and 40 of chapter 121B of the General Laws; provided, that notwithstanding any general or special law to the contrary, all housing authorities operating elderly public housing shall offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those persons 60 years of age or older on June 30, 1995, receiving rental assistance from the Massachusetts rental voucher program; provided further, that said department may expend funds appropriated in this item for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve included in the budgets of housing authorities; provided further, that no funds shall be expended from this item in the AA object class, so-called, for the compensation of state employees; provided further, that the amount appropriated herein shall be deemed to meet any and all obligations pursuant to said sections 32 and 40 of said chapter 121B; provided further, that any new reduced rental units developed in fiscal year 2006 eligible for subsidies pursuant to this item, shall not cause any annualization that results in an amount exceeding the amount appropriated in this item; and provided further, that all funds in excess of normal utilities, operations, and maintenance costs may be expended for capital repairs....................$34,871,170

7004-9024
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For a program of rental assistance for low-income families and elderly persons through mobile and project-based vouchers; provided, that rental assistance shall only be paid under a program to be known as the Massachusetts rental voucher program; provided further, that the income of the households shall not exceed 200 per cent of the federal poverty level; provided further, that the department may award mobile vouchers to eligible households currently occupying project-based units, that shall expire due to the nonrenewal of project-based rental assistance contracts; provided further, that the department, as a condition of continued eligibility for vouchers and voucher payments, may require disclosure of social security numbers by participants and members of participants' households in the Massachusetts rental voucher program for use in verification of income with other agencies, departments and executive offices; provided further, that any household in which a participant or member of a participant's household shall fail to provide a social security number for use in verifying the household's income and eligibility shall no longer be eligible for a voucher or to receive benefits from the voucher program; provided further, that the vouchers shall be in varying dollar amounts and shall be set by the department based on considerations, including, but not limited to, family size, composition, income level and geographic location; provided further, that notwithstanding any general or special law to the contrary, the monthly dollar amount of each voucher shall be the department-approved total monthly rent of the unit less the monthly amount paid for rent by the household; provided further, that notwithstanding any general or special law to the contrary, the use of rent surveys shall not be required in determining the amounts of the mobile vouchers or the project-based units; provided further, that any household which is proven to have caused intentional damage to its rental unit in an amount exceeding 2 months' rent during any 1-year lease period shall be terminated from the program; provided further, that notwithstanding any general or special law to the contrary, a mobile voucher whose use is or has been discontinued shall be re-assigned within 90 days; provided further, that the department shall pay agencies $32.50 per voucher per month for the costs of administering the program; provided further, that the costs of administration shall not exceed 6 per cent of the appropriation provided in this item; provided further, that the 6 per cent shall include, but not be limited to, all expenditures which may be made by the department to conduct or otherwise contract for rental voucher program inspections; provided further, that subsidies shall not be reduced for the cost of accommodating the cost of the inspections; provided further, that notwithstanding any general or special law to the contrary, each household holding a project-based voucher shall pay at least 30 per cent but not more than 40 per cent of its income as rent, and each household holding a mobile voucher shall pay at least 30 per cent but not more than 40 per cent of its income as rent; provided further, that the department shall establish the amounts of the mobile vouchers and the project-based vouchers, so that the appropriation in this item is not exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that ceiling rents shall not be enforced by the department; provided further, that the households holding mobile vouchers shall have priority for occupancy of the project-based dwelling units in the event of a vacancy; provided further, that the department may impose certain obligations for each participant in the Massachusetts rental voucher program through a 12-month contract which shall be executed by the participant and the department; provided further, that such obligations may include, but need not be limited to, job training, counseling, household budgeting and education, as defined in regulations promulgated by the department and to the extent such programs are available; provided further, that each participant shall be required to undertake and meet any such contractually established obligation as a condition for continued eligibility in the program; provided further, that for continued eligibility each participant shall execute any such 12-month contract on or before September 1, 2005 if the participant's annual eligibility recertification date occurs between June 30, 2005 and September 1, 2005 and otherwise on or before the annual eligibility recertification date; provided further, that any participant who is over the age of 60 years or who is handicapped may be exempted from any obligations unsuitable under particular circumstances; provided further, that the department shall submit an annual report not later than February 1, 2006 to the secretary of administration and finance and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers by income level and the number and types of units leased that are funded from this item; provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees; provided further, that the department may assist housing authorities, at their written request, in the immediate implementation of a homeless prevention program utilizing alternative housing resources available to them for low-income families and the elderly by designating participants in the Massachusetts rental voucher program as at risk of displacement by public action through no fault of their own; provided further, that participating local housing authorities may take all steps necessary to enable them to transfer mobile voucher program participants from the Massachusetts rental voucher program into another housing subsidy program; and provided further, that the department of housing and community development shall strive to avoid a reduction in the value of the Massachusetts rental voucher from its value as of June 30, 2005 ..............................................?
$26,283,345

7004-9030
For the transitional rental assistance program established pursuant to section 16 of chapter 179 of the acts of 1995; provided, that notwithstanding any general or special law to the contrary, the transitional rental assistance shall be in the form of mobile vouchers; provided further, that the vouchers shall be in varying dollar amounts set by the department based on considerations including, but not limited to, household size, composition, household income and geographic location; provided further, that any household which is proven to have caused intentional damages to its rental unit in an amount exceeding 2 month's rent during any 1 year shall be terminated from the program; provided further, that the department shall pay agencies that administer said program an allowance not to exceed $25 per voucher per month for the costs of administration; provided further, that notwithstanding any general or special law to the contrary, there shall be no maximum per centage applicable to the amount of income paid for rent by each household holding a mobile voucher, but each household shall be required to pay not less than 25 per cent of its net income, as defined in regulations promulgated by the department, for units if utilities are not provided by the unit owner, or not less than 30 per cent of its income for units if utilities are provided by the unit owner; provided further, that payments for the transitional rental assistance may be provided in advance; provided further, that the department shall establish the amounts of the mobile vouchers, so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household's minimum rent obligation; provided further, that the word "rent", as used in this item, shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that the department shall submit an annual report to the budget director, the secretary of administration and finance, and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers, and the number and types of units leased; provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to any form of housing; provided further, that consistent with chapter 179 of the acts of 1995 the amount appropriated herein shall not annualize to more than $3,000,000 in fiscal year? 2007; and provided further, that said program shall provide funding for not more than 800 mobile vouchers...............$3,000,000

7004-9033
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the following amounts.
For rental subsidies to eligible clients of the department of mental health; provided, that the department shall establish the amounts of those subsidies so that payment thereof and of any other commitments from this item shall not exceed the amount appropriated herein............................ $2,500,000

7004-9201
For interest subsidies for the private development of affordable housing; provided, that notwithstanding any general or special law to the contrary, no new commitments shall be entered into during fiscal year 2006 for said fiscal year or any subsequent fiscal years; and provided further, that funds may be allocated by said agency to its existing interest subsidy contracts in a manner as it may determine necessary to maximize the preservation of existing affordable housing units throughout the commonwealth ................................................. $5,500,000

7004-9315
For the low-income housing tax credit program; provided, that the department may expend not more than? $1,500,000 from revenue collected from fees collected for the regulation of TELLER projects undertaken under clause (m) of section 26 of chapter 121B of the General Laws from fees collected pursuant to Executive Order No.? 291, pertaining to low-income housing tax credits, for the costs of administering and monitoring the programs, including the costs of personnel, subject to the approval of the director of the department; and provided further, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system, prior appropriation continued ................................................................$1,500,000

7004-9316
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the following amounts.
For a program to provide assistance for homeless families and families at risk of becoming homeless; provided, that the amount of financial assistance shall not exceed $3,000 per family; provided further, that funds may be used for security deposits, first and last month's rent and utility payments; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no such assistance shall be provided to any family with an income in excess of 50 per cent of the area median income; provided further, that prior to authorizing a residential assistance payment for a family, the non-profit housing agency shall make an assessment of whether the payment, with or without additional housing stabilization support, will enable the family to retain its current housing, obtain new housing, or otherwise avoid homelessness; provided further, that in making such assessment the agency shall apply a presumption that the payment will enable a family to retain its housing, obtain new housing, or otherwise avoid homelessness if the family is paying less than or equal to 50 per cent of its income for that housing; provided further, that a family who is paying more than 50 per cent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing, or otherwise avoid homelessness; provided further, that residential assistance payments may be made through direct vendor payments according to standards to be established by the department; provided further, that the agencies shall establish a system for referring families approved for residential assistance payments who the agencies determine would benefit from such services to existing community-based programs that provide additional housing stabilization supports, including assistance in obtaining housing subsidies and locating alternative housing that is safe and affordable for those families; and provided further, that the program shall be administered under guidelines established by the department ....................................................... $5,000,000

Office Of Consumer Affairs and Business Regulation.

7006-0000
For the office of the director of consumer affairs and business regulation, including expenses of an administrative services unit.................. $1,523,155

Division of Banks.

7006-0010
For the operation of the division of banks; provided, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item shall be assessed upon financial institutions which the division currently regulates pursuant to powers granted to the division by the General Laws, special laws or state regulations; and provided further, that this assessment will be in addition to any and all assessments that the division currently assesses upon financial institutions and will be made at a rate sufficient to produce $11,178,594 in additional revenue that shall pay for this item ............$
11,178,594

Division of Insurance

7006-0020
For the operation of the division of insurance, including the expenses of the board of appeal on motor vehicle policies and bonds, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter 31 of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section 1 of chapter 5 of the General Laws; provided further, that the division shall maintain a phone system in its western Massachusetts office that will immediately transfer calls made to that office to the consumer assistance office in Boston during any business hours when the western Massachusetts office is closed; provided further, that the division shall have an employee or other such person answering all initial incoming telephone calls, excluding all direct in-dial calls, between the hours of 9:00 a.m. and 5:00 p.m.; provided further, that the division shall designate an employee to handle all incoming calls relative to chapter 218 of the acts of 1995 or regulations promulgated under section 51 of chapter 111 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item shall be assessed upon the institutions which the division currently regulates except for licensed business entity producers under powers granted to the division by the General Laws, special laws or state regulations; and provided further, that this assessment will be in addition to any and all assessments that the division currently assesses upon said institutions and will be made at a rate sufficient to produce $10,026,621 in additional revenue that will pay for this item..............................................................................................
$10,026,621

Division of Professional Licensure.

7006-0040
For the operation and administration of the division of professional licensure; provided, that of the funds appropriated in this item, sufficient monies shall be expended for the reduction of case backlog at the boards of registration; provided further, that the division shall at all times employ not less than 2 hearing officers to facilitate the processing of cases pending before the various boards; provided further, that the position of investigator of radio and television technicians shall not be subject to chapter 31 of the General Laws; and provided further, that the division shall maintain and staff an office in the city of Springfield........$4,089,022

Division of Standards.

7006-0060
For the operation of the division of standards ................................................. $661,613

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

7006-0067
The division of standards may expend for enforcement of weights and measures laws an amount not to exceed $458,900 from revenues received from item pricing violations collected through municipal inspection efforts, and from weights and measure fees and fines collected from cities and towns............$458,900

7006-0068
The division of standards may expend an amount not to exceed $450,000 from revenue received from license fees assessed to owners of motor vehicle repair shops .......................................................... $450,000

Department of Telecommunications and Energy

7006-0070
The Governor disapproved the wording.
For the operation and administration of the department of telecommunications and energy including the community antenna television division; provided, that notwithstanding the second sentence of the first paragraph of section 18 of chapter 25 of the General Laws, the assessments levied pursuant to said first paragraph of said section 18 of said chapter 25 for fiscal year 2006 shall be made at a rate sufficient to produce $8,167,225; provided further, that the department shall maintain a toll-free consumer access telephone number to facilitate statewide citizen access on customer service issues in the delivery of cable television services; provided further, that the department shall complete and submit a report to the joint committee on telecommunications, utilities and energy of the general court and the clerks of the senate and house of representatives no later than October 1, 2005 on the potential savings or financial gain to the NSTAR utility company before and as a result of any strike or work stoppage, and this report shall also examine the service quality index and standards, including but not limited to, safety response time, power outages, safety of the works and the public, before and as a result of any work stoppage or strike..................$8,167,225

7006-0080
For the operation of the transportation division ............................................................. $541,302

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

State Racing Commission.

7006-0110
For the operation of the state racing commission .....................................................$2,124,351

Division of Energy Resources.

7006-1000
For the operation of the division of energy resources; provided that notwithstanding any general or special law to the contrary, the amount assessed under section 11H of chapter 25A of the General Laws shall be equal to the amount expended from this item ........................$1,441,404

7006-1001
For the residential conservation service program under chapter 465 of the acts of 1980, and the commercial and apartment conservation service program pursuant to section 11A of chapter 25A of the General Laws ......
$197,715

Department of Business and Technology

7007-0100
For the office of the director of business and technology............................................................. $385,002

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

7007-0500
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the following amounts.
For the operation and maintenance of the Massachusetts Biotechnology Research Institute for the purpose of promoting the commercialization of new, academic-based research and development, and raising the scientific awareness of the communities of the commonwealth .........................$500,000

7007-0515
For economic development grants to be administered by the department of business and technology; provided, that not less than $150,000 be expended on the Cape Cod Regional Incubator Project to be operated by the Cape Cod Chamber of Commerce; provided further, that not less than $200,000 shall be expended on the operation of the Massachusetts Fisheries Recovery Commission, not less than $60,000 of which shall be expended for the purposes of a socio-economic study and analysis of the commonwealth's fishing industry; provided further, that not less than $250,000 shall be expended for a grant to the South Shore Tri-Town Development Corporation established in chapter 301 of the acts of 1998; and provided further, that $350,000 shall be expended for a grant to the Massachusetts Alliance for Economic Development for the purpose of enhancing? economic development related services, including but not limited to implementation of a statewide online site finder to assist business growth ................................................... $1,010,000

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

7007-0900
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For the operation and administration of the office of travel and tourism and for grants to public and private nonprofit local and regional organizations to be awarded by the Massachusetts office of travel and tourism for tourism promotion; provided, that performance-based standards shall be incorporated in all contracts executed by said office for the procurement of tourism marketing and advertising services; provided further, that the organizations shall be required, as a condition of receiving a grant, to submit a total operating budget which identifies each source and use of operating and capital funds;? provided further, that said grants shall not replace or supplant funding otherwise available to said centers from local chambers of commerce, regional tourist councils, and other public or private funding sources; provided further, that said office shall grant not less than $4,000,000 to the Massachusetts International Marketing Partnership Incorporated, the business entity awarded the contract pursuant to section 60 of chapter 141 of the acts of 2003 for the express purpose of implementing the strategic marketing and promotional program to recover the commonwealth's lost international market share; provided further, that not less than $1,000,000 shall be made available through a grant application process established by the office of travel and tourism to offset deficits that may occur during fiscal year 2006 for the highway information centers operating year round on state highways and federally-assisted highways, and the visitor information centers on Boston Common and the Prudential Center, both in the city of Boston; provided further, that $450,000 shall be expended for a grant to the Massachusetts Sports and Entertainment Partnership; provided further, that not less than $350,000 shall be expended to enhance tourism along the South Lawrence River in the City of Lawrence; provided further, that not less than $300,000 shall be expended for the purpose of a grant to the Greater Boston Convention & Visitors Bureau, Inc. to develop and implement, in cooperation with the Massachusetts Lodging Association, an advertising and direct mail program to promote tourism throughout the commonwealth during the winter season; provided further, that not less than $300,000 shall be expended for the Mohawk Theatre; provided further, that not less than $250,000 shall be expended for the Merrimack Valley Economic Development Council; provided further, that not less than $250,000 shall be expended for the Southcoast Development Partnership for the purposes of regional tourism and economic development; provided further, that not less than $250,000 shall be expended for the Route 9/Lakeway Business District through the Lakeway Overlay District Fund in the Town of Shrewsbury; provided further, that not less than $250,000 be expended for the Merrimack Valley Chamber of Commerce to establish the Merrimack Valley Chamber Technical Program; provided further; that not less than $250,000 shall be expended for the Museum of Afro-American History located in the city of Boston; provided further, that not less than $250,000 shall be expended for the Gloucester Adventure, Inc. for the purpose of the restoration of the NHL Schooner Adventure; provided further, that not less than $200,000 shall be expended for the Bay State Games; provided further, that not less than $200,000 shall be expended for a grant for From the Top, Inc.; provided further, that $200,000 shall be made available to the town of Franklin for economic development; provided further, that not less than $200,000 shall be expended to the town of Holbrook for public safety improvements and activities at the police/fire station; provided further, that not less than $200,000 shall be expended for the Mahaiwe Theater; provided further, that not less than $200,000, subject to 100 per cent funding match, shall made available to the Boston Symphony Orchestra venue at Tanglewood; provided further, that not less than $200,000 shall be provided for an economic development project at the Elco Dress Factory in New Bedford; provided further, that not less than $185,000 shall be expended for the International Trade Assistance Center in the city of Fall River; provided further, that not less than $150,000 shall be expended for City Stage; provided further, that not less than $150,000 shall be expended for a child safety program in the town of Winthrop; provided further, that not less than $150,000 shall be expended for a child safety program in the city of Revere; provided further, that not less than $150,000 shall be expended for the Highland center for the Arts at the Cape Cod National Seashore; provided further, that not less than $125,000 shall be expended for a historic development project at the Worcester Center for the Performing Arts; provided further, that not less than $125,000 shall be expended for the New England Puerto Rican association; provided further, that not less than $100,000 shall be expended for the Cape Cod Economic Development Council; provided further, that not less than $100,000 shall be expended for the Freedom Trail Foundation; provided further, that not less than $100,000 shall be expended for the Old Provincial State House; provided further, that not less than $100,000 shall be expended for an economic development project on state highway route? 110 in the town of Amesbury; provided further, that not less than $100,000 shall be expended for the Russian Community Association; provided further, that not less than $100,000 shall be expended for the Western Massachusetts Economic Development Council for tourism and marketing purposes; provided further, that not less than $100,000 shall be expended for the Merrimack Repertory Theatre; provided further, that not less than $100,000 shall be expended for the Buzzards Bay Village Association; provided further, that not less than $75,000 shall be expended for the Cultural Center of Cape Cod; provided further, that not less than $75,000 shall be expended for the North End Visitor Center in the city of Boston; provided further, that not less than $75,000 shall be appropriated to the Puerto Rican Cuatro Project, a cultural development project under the Spanish American Union, Inc of Springfield; provided further, that not less than $75,000 shall be expended for the Waltham Tourist Council; provided further, that not less than $60,000 shall be expended for Herman Melville's Arrowhead Museum; provided further, that not less than $60,000 shall be expended to continue the economic development project operated by the Arlington Neighborhood Association in the city of Lawrence; provided further, that not less than $50,000 shall be provided for the Asa Waters Mansion in the Town of Millbury; provided further, that not less than $50,000 shall be expended for the Russian Community Association in Springfield; provided further, that not less than $50,000 shall be expended for the Victory Theater in the city of Holyoke; provided further, that not less than $50,000 shall be expended for the Plymouth Area Chamber of Commerce; provided further, that not less than $50,000 shall be expended for a grant to the Salem Partnership for the purposes of hosting a statewide conference on the merits of a creative economy; provided further, that not less than $50,000 shall be expended for the Caribbean Carnival Association; provided further, that not less than $50,000 shall be expended for the New Bedford Art Museum; provided further, that not less than $50,000 shall be expended for the promotion of Boston neighborhoods through the Boston Main Streets program; provided further, that not less than $50,000 shall be expended for the Riverside Theater Works in the Hyde Park section of the city of Boston; provided further, that not less than $50,000 shall be expended for the Office of Community Collaborations and Program Development at the New England Conservatory of Music in the city of Boston; provided further, that not less than $50,000 shall be expended for the Forefather Monument at Pilgrim State Park; provided further, that $50,000 shall be expended for the Louis D. Brown Peace Institute; provided further, that not less than $50,000 shall be expended for the Johnny Appleseed Visitors' Center; provided further, not less than $50,000 shall be expended for the North Quabbin Woods Project; provided further, that not less than $40,000 shall be expended for the Newburyport Economic Development Department's Jump Start Program; provided further, that not less than $40,000 shall be expended from this item for the purpose of the operation and the promotion of the Ipswich Shuttle Bus Service; provided further, that not less than $40,000 shall be expended as a grant for the Pioneer Valley Visitors and Tourist Information Center; provided further, that not less than $40,000 shall be expended for the Massachusetts 54th Regiment; provided further, that not less than $30,000 shall be expended by the town of Berkley to continue MITNS, so-called, activities; provided further, that not less than $30,000 shall be made available for the Historic Woodcock Garrison House and One-Room School House in the town of North Attleboro; provided further, that not less than $25,000 shall be expended for the Salisbury Chamber of Commerce; provided further, that not less than $25,000 shall be provided for the Auburn Historical Museum in the town of Auburn; provided further, that not less than $25,000 shall be expended to operate the Cape Cod Junior Technology Council; provided further, that not less than $25,000 shall be expended to the Hull Lifesaving Museum for the purpose of planning a maritime trail; provided further that not less than $25,000 shall be expended for the Sandwich Glass Museum; provided further, that not less than $25,000 shall be expended for the Natural History Museum in the town of Brewster; provided further, that not less than $25,000 shall be expended for the Friends of the Quabbin, Inc; provided further, that not less than $20,000 shall be expended for an economic development project known as the Cleveland Circle Streetscape Plan Early Action Item; provided further, that not less than $10,000 shall be expended for the Providence and Worcester Railfan Museum in the town of Webster; provided further, that not less than $10,000 shall be provided for the Clark Cemetery on Prospect street in the town of Auburn; provided further, that expenditures on international and domestic promotion and administration shall be separately accounted for in the Massachusetts management accounting and reporting system; provided further, that the office shall make travel arrangements for all international travel not less than 7 days before departure; provided further, that the office shall dedicate 1 full-time equivalent employee to the advisory commission on travel and tourism; and provided further, that the office shall make every effort to develop tourism in under-visited regions of the commonwealth.................................................................................................................... $20,418,282

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

7007-1000
For assistance to local tourist councils under section 14 of chapter 23A of the General Laws; provided, that notwithstanding any general or special law, regulation or rule to the contrary, each of the councils may expend an amount not to exceed 20 per cent of the funds appropriated in this item for the cost of administrative services ....................
$8,000,000

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

7007-1200
For a program to create and maintain a more favorable and responsive environment for the attraction and retention of technology-intensive clusters for the commonwealth; provided, that such clusters may be characterized by technological or market focus, geographic proximity or other shared interests; provided further, that cluster activities shall be deemed to be the exercise of an essential governmental function intended to: (1) foster increased collaboration among cluster organizations; (2) facilitate improved communications between the commonwealth and cluster organizations; (3) identify and respond to challenges and opportunities related to cluster organizations; (4) enhance the competitive position of cluster firms; (5) reduce the costs of doing business in the commonwealth through 1 or more purchasing cooperatives; and (6) generally improve the perception of the value and benefits of doing business in the commonwealth; provided further, that amounts appropriated in this item shall be expended to the Massachusetts Technology Park Corporation to be held,? applied and administered through its Massachusetts Technology Collaborative; provided further, that said corporation shall establish an independent advisory panel to advise said corporation relative to the most effective application of funds appropriated in this item; provided further, that the executive director shall file a report with the house and senate committees on science and technology and the house and senate committees on ways and means detailing the activities undertaken with the funds appropriated herein by January 15, 2006; and provided further, that the Massachusetts Technology Collaborative shall work in conjunction with the Massachusetts Health Collaborative to secure for the Outer Cape Health Services the private resources necessary to match a Federal grant for development of an electronic medical records system; and provided further, that this corporation shall assist the North Central Chamber of Commerce in the development of the Plastics/Medical Device Connections Initiative; and provided further, that the corporation shall study the creation, operation and evaluation of a pilot wireless student learning initiative at the New Boston Pilot School in the city of Boston and shall file a report detailing findings of said report to the house and senate committees on ways and means by January 15, 2006 and provided further, that the department of business and technology shall submit quarterly reports to the house and senate committees on ways and means detailing the amounts awarded and the purposes for said grants .................................
$500,000

7007-1300
For the operation of the Massachusetts International Trade Council ............................................ $960,000

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

7007-1500
For the operation and administration of the office of minority and women business assistance; provided, that the office shall administer an electronic business certification application which shall be accessible to business applicants through use of the internet; provided further, that the office shall ensure the integrity and security of personal and financial information transmitted by electronic application; provided further, that the office shall, using all existing available resources, provide certification services within each of the 1-stop regional assistance centers of the Massachusetts office of business development; and provided further, that the office shall develop and implement measures and procedures to continue to improve the efficiency and the timeliness of the certification process............................................ $1,096,135

Department of Education

7010-0005
The Legislature overrode the Governor's disapproval
The Governor disapproved the folowing item.
For the operation of the department of education; provided, that the department, in collaboration with the governor's commission on gay and lesbian youth, shall allocate not less than $75,000 for programming to ensure public schools' compliance with the board of education's recommendations for the support and safety of gay and lesbian students and the implementation of related suicide-prevention and violence-prevention efforts; provided further, that the department shall report to the legislature on the feasibility of incorporating a median income component into the current chapter 70 school funding formula; provided further, that said report shall be provided to the house and senate chairs of the joint committee on education, the chairs of the house and senate committees on ways and means, and the secretary of administration and finance, no later than September 15, 2005; provided further, that funds from this item shall be expended for the salary of a deputy commissioner who shall serve as a chief operating officer for the department, and shall have responsibility for overseeing all operational details of the department, in order to ensure that all offices and divisions within said department operate according to a common strategic vision and coordinated planning process, and that all actions, public statements and decisions of deputy commissioners, assistant commissioners, and staff are consistent with said vision, and reflect board of education policy, the goals and intent of the general court, and all applicable statutory mandates and requirements of the General Laws; provided further, that not later than November 15, 2005, the department shall submit to the secretary of administration and finance, the chairs of the house and senate ways and means committees, and the house and senate chairs of the joint committee on education a report on the current organization of the department, with an operational flow chart detailing responsibilities and duties of each deputy commissioner, associate commissioner, or other person with supervisory responsibility in the department; and provided further, that said report shall detail the means by which the department shall coordinate planning and operations functions, and describe the strategic vision of the department, along with a detailed? implementation plan for realizing that vision .....................................$9,597,805

7010-0012
For grants to cities, towns and regional school districts for payments of certain costs incurred under the program for the elimination of racial imbalance; provided, that grants to cities, towns and regional school districts shall be limited to actual and specifically incurred documented incremental costs including those costs pursuant to chapter 71B of the General Laws as a direct consequence of participation in the program whenever the reimbursements requested by such city, town or regional school district exceed the level of reimbursement received in fiscal year 1977; provided further, that the division of elementary, secondary and occupational education shall, through a competitive procurement process, contract with qualified school transportation business enterprises; and provided further, that funds shall be made available for payment for services rendered by METCO, Inc. and Springfield public schools.................................... $17,615,313

7010-0030
For fiscal year 2006 reimbursements to certain cities, towns and regional school districts of the per pupil capital needs component included in the charter tuition amount for commonwealth charter schools, calculated under subsection (nn) of section 89 of chapter 71 of the General Laws; provided, that funds may be expended from this item to provide one time "hold harmless" grants to charter schools to ensure that no charter school receives less funding in tuition payments in fiscal year 2006 than it received in fiscal year 2005; provided further, that no funds shall be expended on said "hold harmless" grants until the per pupil capital needs component required by subsection (nn) has been fully funded; provided further, that no funds shall be expended on said "hold harmless" grants where the reduction in tuition is the result of charter school restructuring required by the board of education as a condition of charter renewal; and provided further, that should additional funds be insufficient to fully fund the "hold harmless" grants, so-called, said grants may be pro-rated by the department to all eligible charter schools .............................................................. $14,776,000

7010-0216
For the teacher, principal, and superintendent recruitment and retention programs established in sections 19B, 19C, and 19E of chapter 15A of the General Laws......................................................................................... $1,090,123

7010-1022
For the development and implementation of certificates of occupational proficiency .....................
$1,100,000

7027-0016
For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for such programs in consultation with the department of workforce development; provided further, that any funds distributed from this item to cities, towns or regional school districts shall be deposited with the treasurer of the city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special laws to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal, or private funds; provided further, that the board of education may determine the percentage match required on an individual grant basis; provided further, that the department of education shall make available a payment of $734,400 for the state's matching grant for the CS-squared program at the Commonwealth Corporation; provided further, that the department of education shall make available a payment of $942,191 to Jobs for Bay State Graduates, Inc., for the purpose of school-to-work activities; provided further, that the department of education shall make available a payment of $42,975 to the Blue Hills regional vocation school for the School to Careers Partnership to fund a teacher externship program and a student internship program; provided further, that $250,000 shall be expended for a pilot program that targets at-risk youth, Amer-I-Can and provided further, that of this $250,000, funds may be expended for the administration of this program in Springfield; and provided further, that not less than $50,000 shall be expended for the Diploma Plus Program at Cape Cod Community College ........................................................... $2,019,566

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

7027-1005
For salary increases for department of youth services' teachers ................................................... $2,550,000

7028-0031
For the expenses of school age children in institutional schools under section 12 of chapter 71B of the General Laws; provided, that the department may provide special education services to eligible inmates in county houses of correction; provided further that the department of youth services shall continue to collaborate with the department of education in order to align curriculum at the department of youth services with the statewide curriculum frameworks and to ease the reintegration of youth from facilities at the department of youth services into regular public school settings; and provided further, that the department of education, in conjunction with, the commissioner of youth services shall submit a report on progress made to the house and senate committees on ways and means by December 1, 2005 ..............................
$7,475,183

7030-1002
For kindergarten development grants to provide ongoing grant awards to continue quality enhancement of existing full-day kindergarten classrooms and to encourage the transition of half day classrooms into full-day kindergarten classrooms; provided, that the office of school readiness shall administer a grant program to encourage the voluntary expansion of high quality, full-day kindergarten education throughout the commonwealth; provided further, that grants of not more than $18,000 per classroom shall be made available to public schools for the enhancement of existing full-day kindergarten classrooms and for the transition of existing half-day kindergarten classrooms into full day kindergarten classrooms; provided further, that said grants shall be awarded pursuant to guidelines established by the department relative to the application and award process which shall include eligibility criteria, allowable grant expenditures and grant recipient obligations; provided further, that guidelines for transition grants shall require applicants for such grants to identify obstacles that impede the transition to full-day kindergarten; provided further, that the guidelines shall require grant recipients to identify the anticipated date by which the implementation of quality enhancement or transition projects shall commence; provided further, that the guidelines shall detail the range of permissible grant expenditures which shall include, but not be limited to, the expenditure of funds for facility improvements or other expenses necessary to provide adequate space for the transition from half-day kindergarten classrooms into full-day kindergarten classrooms; provided further, that grants funded through this appropriation shall not annualize to more than $18,000 per classroom in subsequent fiscal years; provided further, that preference shall be given to grant applicants with high percentages of students scoring in levels 1 or 2 on the Massachusetts comprehensive assessment system exam, as determined by the department based on available data; provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that such program shall supplement and shall not supplant currently funded local, state and federal programs at the school or district; provided further, that not less than $1,000,000 shall be expended on transition grants to expand half-day classrooms to new full-day classrooms; provided further, that not less than $1,000,000 shall be expended on increasing quality full-day grant awards for districts receiving said awards in 2005;? provided further, that not later than January 15, 2006 the department shall report to the house and senate committees on ways and means on the total number of enhancement and transition grants requested and awarded; provided further, that the report shall include a study on how to provide universal full-day kindergarten throughout the commonwealth which shall include an estimated cost analysis for implementation of the program; provided further, that the report shall detail common factors associated with both successful and unsuccessful applications and shall include the total number of full-day and half-day kindergarten classrooms projected to be in operation in public schools in fiscal year 2007; provided further, that funds appropriated in this item for transition grant awards may be expended through August 31, 2006 for the purposes of transition projects scheduled for the school year beginning in September 2006; and provided further, that the department may expend not more than $200,000 to administer the grants program established herein ......................................................$25,000,000

7030-1003
For the John Silber early literacy program to promote research based school-wide literacy education and to promote literacy among children in grades K through 3; provided, that the office of reading and language arts shall administer said early literacy grant programs to improve the quality and effectiveness of literacy education to the greatest extent possible; provided further, that not less than $60,000 be expended for the Lawrence Learning Center and Community Development in the city of Lawrence; provided further, that not less than $100,000 shall be expended for improvements to promote general literacy and literacy for disabled persons in the town of Braintree; provided further, that not less than $100,000 shall be expended for the TU-LEAP Program of Boston for after-school academic and literacy achievement programs; provided further, that these early literacy education programs shall be based on a scientifically-based reading research program consistent with the federal Reading First Initiative; provided further, that $385,000 shall be expended for JFY.net, a Jobs for Youth initiative for high technology, literacy and job skill instruction to youth and adults through advanced software and existing infrastructure capacity in schools and community agencies; provided further, that no more than $50,000 shall be made available to Edvocacy of Concord to expand a school-based program in the Bourne Public Schools to detect, evaluate, and track dyslexia in students in grades K through 3; provided further, that such program shall supplement currently funded local, state and federal programs at the school or district; and provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district, without further appropriation, notwithstanding the provisions of any general or special law to the contrary .................................
$3,772,989

7030-1005
For early intervention individual tutorial literacy programs designed as a pre-special education referral and short term intervention for children who are at risk of failing to read in the first grade; provided, that such programs shall be research-based with proven long-term results, including identifying students in need of additional help not later than mid-first grade, providing ongoing training and support to program teachers, and including ongoing documentation and evaluation of results; provided further, that not less than $300,000 shall be expended for matching grants to school districts to support the funding of Reading Recovery teachers in one-to-one early intervention tutorial literacy programs; and provided further, that said programs shall provide ongoing documentation and evaluation of results ......................................
$2,700,000

7035-0002
For grants to provide and strengthen adult basic education services, including reading, writing and mathematics, to a diverse network of organizations which have demonstrated commitment and effectiveness in the provision of such services, and that are selected competitively by the department of education; provided, that such grants shall support the successful transition of students from other adult basic education programs to community college certificate and degree-granting programs; provided further, that such grants shall be contingent upon satisfactory levels of performance as defined and determined by the department; provided further, that in no case shall grants be considered an entitlement to a grant recipient; provided further, that the department shall consult with the community colleges and other service providers in establishing and implementing content, performance and professional standards for adult basic education programs and services; and provided further, that not more than 7.5 per cent of the funds appropriated herein may be expended for non-grant purposes .................$29,322,628

7035-0006
For reimbursements to regional school districts for the transportation of pupils; provided, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated in this item ..............................................................................................
$45,000,000

7035-0007
For reimbursements to cities, towns, regional vocational or county agricultural school districts, independent vocational schools, or collaboratives for certain expenditures for transportation of nonresident pupils to any approved vocational-technical program of any regional or county agricultural school district, city, town, independent school or collaborative pursuant to section 8A of chapter 74 of the General Laws; provided that, should the amount appropriated herein be insufficient to fully fund the provisions of said section 8A, initial reimbursements made by the department of education may be pro-rated by the department to all eligible cities, towns, regional vocational or county agricultural school districts, independent vocational schools, or collaboratives; and provided further, that upon a determination by the department that the funds appropriated in this item are insufficient to meet the commonwealth's full obligation under said section 8A, the department shall, within ten days, notify the secretary of administration and finance, the house and senate chairs of the joint committee on education, and the chairs of the house and senate ways and means committees of the amount needed to fully fund said obligation .................................................................................................................... $1,600,000

7051-0015
For operating funds to distribute food for the Massachusetts emergency food assistance program ..............................................................................................
$747,000

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

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

7053-1925
For the school breakfast program for public and nonpublic schools and for grants to improve summer food programs during the summer school vacation period; provided, that of the sum appropriated in this item, not less than $300,000 shall be expended for the summer food service outreach program and not less than $200,000 shall be expended for the school breakfast outreach program, including reimbursement of municipal expenses; provided further, that within the summer food program, priority shall be given to extending such programs for the full summer vacation period and promoting increased participation in such programs; provided further, that the department of education shall solicit proposals from returning sponsors and school food authorities in time for implementation of such grant program during the summer of 2006; provided further, that such grants shall only be awarded to sponsors who can demonstrate their intent to offer full summer programs or increase participation; provided further, that the department shall require sufficient reporting from each grantee to measure the success of such grant program; and provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2006, prior appropriation continued ...................................
$2,266,575

7053-1927
For a supplement to the federally-funded school breakfast program, whereby all children in schools receiving funds under the program shall be provided free, nutritious breakfasts at no cost to them; provided, that, subject to regulations of the board that specify time and learning standards, breakfasts shall be served during regular school hours; provided further, that participation shall be limited to those elementary schools mandated to serve breakfast under section 1C of chapter 69 of the General Laws where 60 per cent or more of the students are eligible for free or reduced-price meals under the federally-funded school meals program; provided further, that the department shall select school sites for programs authorized by this item no later than November 15, 2005 and shall report to the house and senate committees on ways and means on the preliminary results of these grants no later than January 9, 2006; provided further, that nothing in this item shall give rise to enforceable legal rights in any party or an enforceable entitlement to services; and provided further, that nothing stated in this item shall be construed as giving rise to enforceable legal rights or enforceable entitlement to any services .........................................
$2,011,060

7061-0008
For school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws and section 3 of this act; provided, that $200,000 of the funds allocated from this item to the city of Lawrence by said section 3 shall be transferred to the University of Massachusetts at Lowell for its college preparation program; provided further, that each school district shall report annually to the department of education on its professional development expenditures, in a manner and form prescribed by the commissioner and consistent with the accountability requirements of the federal No Child Left Behind Act; and provided further, that the department of education shall report annually to the house and senate committees on ways and means on school districts' professional development spending?..............................................................................................
$3,288,931,062

7061-0011
The Legislature overrode the Governor's disapproval
The Governor reduced the following item to the following amounts.
For a reserve to: (1) meet extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to section 3; provided, that a municipality seeking funds from this item shall apply for a waiver from the department of revenue pursuant to the provisions of this act; provided, further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; (2) meet extraordinary increases of greater than 20 per cent in a municipality's? required contribution to any of the districts to which the municipality belongs as a result of the new regional allocation methodology; provided, that said funds may be used by the municipality? to reduce its contribution to said district solely for fiscal year 2006 and said reduction shall not be considered a permanent reduction in required contribution in fiscal year 2007; (3) meet expenses associated with extraordinary increases in enrollment from fiscal year 2002 through fiscal year 2006 calculated on a percentage basis for such municipalities; provided, that preference shall be given to districts with enrollment growth of greater than 10 per cent during said period; provided further, that preference shall be given to districts which received no increases in chapter 70 aid, notwithstanding said enrollment increases; (4) address the effects of reductions in per pupil chapter 70 aid between fiscal year 2004 and fiscal year 2006; provided, that preference in the awarding of such funds shall be given to districts which receive less than 20 per cent of their foundation budgets as chapter 70 aid, and which received reductions in chapter 70 aid between fiscal year 2003 and fiscal year 2004 of greater than 10 per cent; (5) assist regional school districts which, prior to fiscal year 2006, have assessed member towns using the provisions of their regional agreement, and which, in fiscal year 2006, will assess member towns using the required contributions calculated pursuant to chapter 70 of the General Laws and section 3 of this act; (6) assist towns impacted by stresses in the commercial fishing industry which receive less than 20 per cent of their foundation budget in state aid; (7) assist municipalities with median income below the state average and equalized valuation per capita above the state average; provided, that preference in the awarding of funds shall be given to municipalities with required local contributions greater than 80 per cent of their foundation budgets; (8) assist urban districts with high fixed costs and enrollment declines of greater than 3 per cent in fiscal year 2006 resulting in no increase in chapter 70 aid; (9) assist municipalities negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town's limits; and (10) assist municipalities which pay a separate and additional tax to multiple fire districts within the municipality's borders, and which have required minimum contributions in excess of 80 per cent of the district's foundation budget; provided, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall only be available on a one time non-recurring basis; provided further, that the department shall make not less than 80 per cent of awards from this item not later than October 15, 2005; and provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the minimum required local contribution for fiscal year 2007....................................................................... $6,870,000

7061-0012
For the reimbursement of extraordinary special education costs under section 5A of chapter 71B of the General Laws; provided, that reimbursements shall be pro-rated such that expenses of this item do not exceed the amount appropriated herein; provided further, that upon receipt by the department of education of required special education cost reports from school districts, the department shall reimburse districts based on fiscal year 2005 claims; provided further, that not more than $9,250,000 shall be used to continue and expand voluntary residential placement prevention programs between the department of education and other departments within the executive office of health and human services that develop community-based support services for children and their families; provided further, that of this $9,250,000, not less than $8,000,000 shall be made available to the department of mental retardation for the voluntary residential placement prevention program administered by that department; provided further, that not less than $600,000 shall be expended for the costs of borrowing audiotaped textbooks by special needs students whose disabilities include, but shall not be limited to, blindness, visual impairments, learning disabilities such as dyslexia, or physical disabilities such as cerebral palsy that limit the use of standard print, and for the cost of an outreach program geared toward special education teachers, students and parents regarding the services of the program; provided further, that of this $600,000, $200,000 may be expended for the purposes of training teachers and students; provided further, that of this $600,000 not less than $25,000 shall be expended for a pilot program for Recording for the Blind and Dyslexic to provide the 10th grade math and English learning arts MCAS tests in audio digital format for the fall and spring of the 2005-2006 school year; provided further, that no funds shall be expended for said MCAS pilot program until the department of education examines all security issues related to said pilot program and certifies to the legislature that said pilot program may be carried out without jeopardizing the security of the MCAS exams; provided further , that said report shall be completed no later than November 15, 2005, and shall be forwarded to the house and senate chairs of the joint committee on education, and the chairs of the house and senate committees on ways and means; provided further, that $300,000 shall be expended for the costs of 4 incentive, start-up grants to educational collaboratives to provide partial funding for a full-time transportation coordinator, administrative support and for the purchase of specialized transportation route planning software for the purposes of implementing a pilot program to demonstrate that transportation of students to out-of-district special education placements can be accomplished at a lower cost and with improved quality of service by delegating the planning and contracting for such transportation to education collaboratives which would be responsible for the transportation of students to all out-of-districts programs located within the pilot program collaborative catchment area; provided further, that not more than $1,000,000 shall be expended for the monitoring and follow-up activities of the department's complaint management system, review and approval of local educational agency applications, and local school district's compliance with the part B requirements of the Individuals with Disabilities Education Act, in the provision of special education and related services to children with disabilities; provided further, that these monitoring activities shall occur in each school district in cycles of not less than 3 years; provided further, that, in order to facilitate such monitoring, the department may allocate funds from this item to item 7061-0029, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any transfer; provided further, that not more than $500,000 shall be expended to administer the reimbursements funded herein; provided further, that notwithstanding section 5A of chapter 71B of the General Laws,? the department, at the discretion of the commissioner, may expend up to $3,000,000 to reimburse districts for extraordinary increases in costs incurred during fiscal year 2006 which, would be reimbursable under section 5A; provided further, that reimbursements for current year costs shall be limited to school districts which experience increases of greater than 25 per cent from costs reimbursable under section 5A of chapter 71B of the General Laws and incurred during fiscal year 2005 to costs reimbursable under section 5A of chapter 71B of the General Laws and incurred during fiscal year 2006 or other cases of extraordinary hardship where special education costs increase in relationship to total district costs as the department may define through regulation or guidelines; provided further, that reimbursements for current year costs shall be allocated as one-time grants and shall not decrease reimbursements in the following fiscal year; provided further, that, the department shall conduct audits of fiscal year 2005 claims; provided further, that if the claims are found to be inaccurate, the department shall recalculate the fiscal year 2006 reimbursement amount and adjust the third and fourth quarter payments to the districts to reflect the new reimbursement amount; and provided further, that the department shall file a report with the house and senate committees on ways and means no later than January 1, 2006 on the results of the audits ............
$201,625,262

7061-0029
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the following amounts.
For the office of educational quality and accountability established under section 55A of chapter 15 of the General Laws; provided, that not less than $100,000 shall be expended by the office to examine schools in the districts of Boston, Lawrence, Worcester, Springfield, Lowell, Fall River, New Bedford, and Brockton for the purpose of identifying the specific practices, policies, and programs that would make urban school districts successful ........
$3,435,979

7061-9010
For fiscal year 2006 reimbursements to certain cities, towns and regional school districts pursuant to section 89 of chapter 71 of the General Laws.............$50,100,000

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

7061-9400
For student and school assessment including the administration of the Massachusetts comprehensive assessment system (MCAS) exam established by the board of education pursuant to the provisions of section 1D and 1I of chapter 69 of the General Laws and for grants to school districts to develop portfolio assessments for use in individual classrooms as an enhancement to student assessment; provided, that as much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples and projects and shall facilitate authentic and direct gauges of student performance; provided further, that such portfolio assessments shall not replace the statewide standardized assessment based on the curriculum frameworks; provided further, that all school assessments shall center on the academic standards embodied in the curriculum frameworks and shall involve gauges which shall be relevant and meaningful to students, parents, teachers, administrators and taxpayers pursuant to the first paragraph of section 1L of chapter 69 of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, assessment of proficiency in English shall be administered in English .................................................................................................
$23,346,561

7061-9404
For grants to cities, towns and regional school districts to provide targeted remediation programs in English and math to high school students in the classes of 2003 to 2007, inclusive, scoring in level one on the Massachusetts Comprehensive Assessment System (MCAS) exam established by the board of education pursuant to the provisions of sections 1D and 1I of said chapter 69; provided, that the department and districts shall ensure that services are available to students with disabilities; provided further, that, in awarding remediation funds, preference may be given to schools and districts at risk of or determined to be under-performing in accordance with said sections 1J and 1K of said chapter 69; provided further, that in districts with a high percentage of students scoring in level one on either the eighth grade or tenth grade MCAS exam, or in districts which are at risk of or determined to be underperforming in accordance with sections 1J and 1K of chapter 69 of the General Laws, funds may be expended on preventive remediation for students in the classes of 2007 or 2008, who failed the English or math MCAS in the eighth grade; provided further, that the purpose of this program shall be to improve students' performance on the MCAS exam through replication of services and educational strategies with proven results as determined by the department of education that may include but shall not be limited to: integrated tutoring and mentoring programs, supplemental web-based tutorial programs that are diagnostic and prescriptive, weekend and school vacation programs focused on English and math remediation, the English and math components of comprehensive after school programs, and the remediation component of summer programs; provided further, that such programs shall supplement currently funded local, state, and federal programs at the school or district; provided further, that such grants and assistance shall be used solely for the academic portions of such programs, and shall focus on the acquisition of skills in English and math needed to pass the MCAS; provided further, that funds shall be expended for a competitive grant program to fund academic support and college transition services to be implemented in fiscal year 2006, and operated by public institutions of higher learning or by public-private partnerships in the commonwealth, for students in the graduating classes of 2003, 2004 and 2005 who have completed high school but have not yet obtained a competency determination as defined in section 1D of chapter 69 as measured by the MCAS assessment instrument authorized by said section 1I of said chapter 69, but who are working to pass the English and math MCAS tests, obtain a competency determination, and earn a high school diploma; provided further, that for the purpose of the programs, appropriated funds may be expended through August 31, 2006 to allow for summer remediation programs; provided further, that funds shall be expended for a competitive grant program to fund Pathways programs targeting eleventh and twelfth graders, instituted by local school districts, public institutions of higher education and qualified public and private educational services organization and One Stop Career Centers including, but not limited to, school-to-work connecting activities creating worksite learning experiences for students as an extension of the classroom, outreach programs for students who will need post-twelfth grade remediation to attain the skills necessary to pass MCAS, and counseling programs to educate parents and high school students on post-twelfth grade remediation options; provided further, that funds shall be expended for a competitive grant program, guidelines for which shall be developed by the department of education, for intensive remediation programs, in communities with students in the graduating classes of 2003 to 2007, inclusive, who have not obtained a competency determination on either the tenth grade English or math MCAS exams; provided further, that the department of education may give preference for such assistance to those districts with a high percentage of high school students scoring in level one on the MCAS exam in English and math; provided further, that eligible applicants shall include individual high schools, and those institutions which shall have partnered with a high school or group of high schools, including but not limited to, institutions of public and private higher education, providers of adult basic education services, career centers, other public and private educational services organizations, including, but not limited to, JFY. Net, and after-school programs with a structured academic component and focused on MCAS remediation operated by public and non-public entities including, but not limited to, members of the National Alliance of Boys and Girls Clubs; provided further, that no district shall receive a grant from this appropriation until said district submits to the department of education a comprehensive district plan pursuant to the provisions of section 1I of chapter 69, to improve performance of all student populations including, but not limited to, students with disabilities; provided further, that not more than $1,000,000 be expended for English language acquisition professional development as part of an initiative designed to improve the academic performance of English language learners and effectively implement sheltered English immersion as outlined in chapter 386 of the acts of 2002; provided further, that $300,000 shall be transferred to the Efficacy Institute for work in "Campaigns for Proficiency" in Springfield, Boston and Lawrence, to be used for training public school teachers and youth workers in after-school programs in methods for using assessment data to develop effective strategies to improve student performance on the MCAS; provided further, that not less than $60,000 shall be expended to Casa Dominicana in Lawrence; provided further, that not less than $1,000,000 shall be transferred to JFYNetWorks, formerly Jobs for Youth, for a matching grant for the purposes of enhancing student performance on the Massachusetts Comprehensive Assessment system examination through instructional computer software; provided further, that $50,000 shall be expended for the Astro Park Astronomy Facility at Barnstable High School; provided further, that not less than $25,000 shall be expended for School Link Services at the Pettengill House to provide advocacy counseling, referrals, emergency assistance and prevention education programs to the children and families of both Triton Regional and Amesbury Public Schools; provided further, that not less than $20,000 shall be expended for a Brown Eyes Blue Eyes Pilot Project, linking performance to perception to improve MCAS scores by teaching children how to recognize faulty stereotypes inherent in racism for schools in Falmouth, Mashpee, Bourne, Barnstable, and Springfield; provided further, that the department shall issue a report, no later than February 1, 2006 and annually thereafter as a condition of continued funding under this account, in collaboration with the board of higher education, describing MCAS support programs for the graduating classes of 2003 to 2007, inclusive, funded by items 7061-9404 and 7027-0019, school to work accounts, institutions of public higher education, and other sources, including federal sources; provided further, that such report shall include, but not be limited to, the number of students eligible to participate in such programs, the number of students participating in such programs, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs, but not met local graduation requirements, and the number of students who have passed the MCAS assessment and obtained a competency determination through these programs and met local graduation requirements; provided further, that said report shall be provided to the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education; provided further, that the department may expend up to $350,000 to administer programs funded herein; and provided further, that any grant funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary ........................................................... $10,385,000

7061-9408
For targeted intervention to schools and districts at risk of or determined to be underperforming under sections 1J and 1K of chapter 69 of the General Laws; provided, that no money shall be expended in any school or district that fails to file a comprehensive district plan pursuant to the provisions of section 1I of said chapter 69 of the General Laws; provided further, that? funds may be expended on grants which allow for the implementation of whole school reform in said schools and districts; provided further, that the department shall only approve reform plans with proven, replicable results in improving student performance; provided further, that in carrying out the provisions of this item, the department may contract with school support specialists, turnaround partners, and such other external assistance as is needed in the expert opinion of the commissioner, to successfully turn around failing school and district performance; provided further, that no funds shall be expended on targeted intervention unless the department shall have approved, as part of the comprehensive district improvement plan, a professional development plan which addresses the needs of the district as determined by the department; provided further, that eligible professional development activities for purposes of this item shall include, but not be limited to: professional development among teachers of the same grade levels and teachers of the same subject matter across grade levels, professional development focused on improving the teacher's content knowledge in the field or subject area in which the teacher is practicing, professional development which provides teachers with research based strategies for increasing student success, professional development teaching the principles of data driven instruction, and funding which helps provide common planning time for teachers within a school and within the school district; provided further, that preference in the awarding of such funds shall be given to professional development in math and English content skills; provided further, that funds from any targeted intervention grant may be used to partially offset the cost of said professional development and common planning time; provided further, that funds may be expended for the purchase of instructional materials pursuant to section 57 of chapter 15 of the General Laws; provided further, that no funds shall be expended on instructional materials except where the purchase of such materials is part of a comprehensive plan to align the school or district curriculum with the Massachusetts curriculum frameworks; provided further, that funds may be expended on leadership academies for principals and superintendents pursuant to section 58 of chapter 15 of the General Laws; provided further, that said training shall focus on expanding and increasing the capacity of the principal or superintendent to be an instructional and educational leader within their district and schools, and shall include, but not be limited to: training in effective personnel evaluation, curriculum development, with a focus on aligning the curriculum with the Massachusetts curriculum frameworks established pursuant to chapter 69 of the General Laws, school based management skills, with a focus on distributed leadership, data analysis skills that enhance the capacity of the principal or superintendent to create an environment of data driven instructional change, and techniques for developing cooperative relationships with parents and community organizations; provided further, that the department shall issue a report, no later than February 1, 2006 and annually thereafter describing and analyzing all intervention and targeted assistance efforts funded by this item; provided further, that such report shall include but not be limited to: the number of school and school districts eligible to receive such assistance, the number of students attending school in said districts, the nature and type of intervention activities funded through this item, by school and school district, the number of teachers in professional development funded in part through this item, the number of districts with curricula or professional development systems aligned with the Massachusetts curriculum frameworks, and the number that are undertaking that effort with grants funded by this item, the number of outside vendors with whom the department has contracted to provide intervention and turnaround services, the amount each vendor has received, and the results obtained in each instance, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs, before, and during the period of intervention and turnaround, and any other data relative to the successes achieved or challenges faced by the effort to turn around schools, along with any legislative or budgetary recommendations for improving the initiative and increasing the success of all intervention efforts; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education; provided further, that no funds shall be expended on recurring school or school district expenditures unless the department and school district have developed a long term plan to fund such expenditures from the district's operational budget; provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2006 to allow for intervention, teacher, principal and superintendent training and professional development which occurs in the summer months; provided further that not less than $500,000 shall be expended for planning and early implementation grants to cities, towns, and regional school districts for the purpose of expanding learning time in the form of longer school days and/or school years at selected schools; provided further, that school districts may submit qualifying proposals for Expanded Learning Time planning and early implementation grants to the department no later than October 1, 2005; provided further, that to be qualifying, a proposal must contain but need not be limited to the process the district will use to create an Expanded Learning Time implementation plan and a budget necessary to create said plan and any implementation required in FY06, the rationale for expanding learning time including specific goals, and the anticipated number of schools and students that will receive expanded learning time, and letters of support for the planning process from the governing school committee, all collective bargaining units that may be involved in implementation, and any external partners including, but not limited to, community-based organizations or institutions of higher education that may participate in planning or implementation; provided further, that in approving Expanded Learning Time planning and early implementation grant applications, preference shall be given to districts with high poverty rates or a high percentage of students scoring in levels I or II on the Massachusetts Comprehensive Assessment System, those districts whose plans have the greatest potential for district-wide impact, and those districts that plan to utilize partnerships with community-based organizations and institutions of higher education; provided further, that all schools districts are eligible to apply for said grants but not less than 75 per cent of said grants shall be awarded to qualifying districts where 25 per cent or more of students are eligible for free or reduced-price meals under the federally funded school meals program; provided further, that the department shall review all qualified proposals and award planning grants not later than November 1, 2005; provided further, that not less than $25,000 of the $500,000 item shall be awarded to each district approved by the department in the form of an Expanded Learning Time planning and pre-implementation grant; provided further, that upon award of said planning grants each district shall create a detailed Expanded Learning Time implementation plan and submit said implementation plan to the department not later than January 15, 2006; provided further, that the department shall review all qualifying implantation plans and determine eligibility for Expanded Learning Time implementation funding not later than February 15, 2006; provided further, that the department shall only approve district implementation plans that contain a plan to convert one or more schools to expanded learning time schools such that each such school adds, on a mandatory basis for all students, no less than 30 per cent more hours of instruction and enrichment than is standard for the applying district; provided further, that the department shall only approve implementation plans that include a comprehensive restructuring of the entire school day or year to maximize the use of the additional learning time; provided further, that the department shall only approve implementation plans that include an integrated plan to provide an appropriate mix of additional teacher preparation time and additional time that includes, but is not limited to, a combination of any of the following: additional time on math, literacy, and science instruction; individual or small group tutoring; homework help; enrichment opportunities such as music, arts, sports, physical activity, and project-based experiential learning; provided further that the department shall only approve implementation plans that include a comprehensive budget that includes matching funds from the district or its partners and assumes not more than $1,300 per pupil per year in future state appropriations of Expanded Learning Time Implementation Funds; provided further that the department shall only approve implementation plans that include evidence of support from teachers, administrators, parents, and any community-based organizations or institutions of higher education involved in implementation, and all collective bargaining units involved in implementation; provided further, that the department shall only approve implementation plans that include documentation of leadership capacity to successfully implement a longer school day or year and evidence that the district has made recent progress towards improved educational outcomes and improved district capacity; provided further, that the department shall only approve implementation plans that include a clear method of using implementation benchmarks and specific, measurable goals to annually assess the implementation of a longer school day or year and the impact of additional learning time on student learning and achievement; provided further, that in carrying out the provisions of this item, the department may expend up to $75,000 of the $500,000 item to administer the Expanded Learning Time grant review and approval process; provided further, that the department may, for the purpose of this item, provide technical support that includes, but is not limited to, direct services and documentation that provides examples of how to implement expanded learning time; provided further, that the department shall issue a report, not later than December 1, 2005 describing and analyzing all planning grants and estimating the Expanded Learning Time Implementation funding necessary in fiscal year 2007 to fully fund all district implementation plans under development at that time; provided further, that said report shall include, but not be limited to, the names and total number of districts awarded planning grants, and the total number of schools and students named in the planning grant application; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education; provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2006 to allow for early implementation or principal or teacher training and professional development which occurs during the summer months; and provided further, that any funds distributed form this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary and provided further, that any grant funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary ..............
$5,500,000

7061-9604
For teacher preparations ........................................................................................................... $1,787,946

7061-9612
For the school of excellence program at the Worcester Polytechnic Institute; provided, that every effort shall be made to recruit and serve equal numbers of male and female students; provided further, that sending districts of students attending the academy shall not be required to expend any funds for the cost of these students while in attendance at the academy; provided further, that the Massachusetts Academy of Mathematics and Science shall be obligated to provide professional development activities at the school located at Worcester Polytechnic Institute, including salary and benefits for master teachers and visiting scholars; provided further, that the department of education shall provide a subsidy to the Worcester Polytechnic Institute to operate a school of excellence in mathematics and science; and provided further, that the academy shall file a report with the joint committee on education and the house and senate committees on ways and means by February 1, 2006 detailing the professional development activities .............................................. $1,274,231

7061-9614
For the alternative education grant program established pursuant to section 1N of chapter 69 of the General Laws, provided that the commissioner shall allocate funds for both subsections (a) and (b) of said section 1N of said chapter 69 .................................................................................................................................................. $1,250,000

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

7061-9621
For the administration of a grant program for gifted and talented school children; provided, that the funds appropriated in this item shall be in addition to any federal funds available for such program; provided further, that priority shall be given to those grant applications that address the needs of students who are identified by any of the following criteria: (1) the result of a standardized aptitude examination which is 3 or more standard deviations above the mean; (2) an evaluation by the child's teachers that the child does perform, or is capable of performing satisfactorily at 2 or more grade levels above the child's chronological age; or, (3) a score on the math or verbal Scholastic Aptitude Test by a child of no more than 13 years of age which is equal to, or greater than, the average on either test obtained by college-bound high school juniors; and provided further, that such programs may be made available by a city, town or regional school district ....... $
500,000

7061-9626
For grants and contracts with youth-build programs for the purposes of providing comprehensive youth-build services
.............................................................................................................................. $1,450,000

7061-9634
For a transfer of this item to the Massachusetts Service Alliance, which shall be solely responsible for administering a grant program for public and private agencies with mentoring programs for the recruitment and training of mentors and for other supporting services including, but not limited to, academic support services; provided, that the department of education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for the purpose of these grants; provided further, that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every dollar disbursed from this item; provided further, that funds may be expended to support the mentoring activities of the planned learned achievement for youth program; provided further, that the Massachusetts Service Alliance shall submit a report detailing the expenditure of such funds and the amount and source of matching funds raised to the secretary of administration and finance and the house and senate committees on ways and means not later than December 29, 2005 .................................................................................................................. $287,000

Board of Higher Education

7066-0000
For the operation of the board of higher education; provided, that the board shall recommend savings proposals that permit institutions of public higher education to achieve administrative and program cost reductions, resource re-allocation and program re-assessment and utilize resources otherwise available to such institutions; provided further, that in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority and the University of Massachusetts Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of these authorities, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the General Fund from the funds received from the operations of the projects such costs, if any, as shall be incurred by the commonwealth for these purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education and approved by the secretary of administration and finance; and provided further, that $500,000 shall be expended for the Massachusetts Nursing and Allied Health Workforce Development Initiative, to develop and support strategies that increase the number of Massachusetts public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health ...................................
$2,649,071

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

7066-0009
For the New England board of higher education ......................................................................... $417,402

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

7066-0016
For a program of financial aid to support the matriculation of certain persons at public and private institutions of higher learning; provided, that only persons in the custody of the department of social services under a care and protection petition upon reaching the age of 18, or persons in the custody of the department matriculating at such an institution at an earlier age, shall qualify for such aid; provided further, that no such person shall be required to remain in the custody of the department beyond age 18 to qualify for such aid; provided further, that this aid shall not exceed $6,000 per recipient per year; and provided further, that this aid shall be granted after exhausting all other sources of financial support ...........................................
$1,200,000

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

7070-0065
For a scholarship program to provide financial assistance to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education; provided, that the Massachusetts state scholarship office shall expend not less than $13,495,295 for Foster Furcolo community college access grants to ensure that no Massachusetts resident enrolled in and pursuing an associate's degree in any of the community colleges pays more than $500 in tuition and fees net of any federal or state scholarship or tax credit; provided further, that any resident whose expected family contribution level, as determined under the federal methodology established under Part F of Title IV of the Higher Education Act of 1965, as amended, is not more than $2,250, shall incur no net tuition and fee costs after deducting any federal or state scholarship or tax credit from financial need as calculated by the state scholarship office; provided further, that residents who are not fully eligible for the federal HOPE tax credit based on their exceeding maximum income eligibility limits, shall not be eligible for the grants; provided further, that not less than $9,896,550 shall be expended for state college access grants; provided further, that any Massachusetts resident enrolled in and pursuing a bachelor's degree in any of the state colleges whose expected family contribution level, as determined according to the federal methodology established pursuant to Part F of Title IV of the Higher Education Act of 1965, as amended, is not more than $2,000, shall incur no net tuition and fee costs after deducting any federal or state scholarship or tax credit from financial need as calculated by the state scholarship office; provided further, that not less than $8,697,220 shall be expended for a program of needs-based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education in the University of Massachusetts; provided further, that $3,148,902 shall be expended for the part-time student grant program; provided further, that of the sum appropriated in this item, not less than $427,351 shall be obligated for the purposes of the Massachusetts plan, under section 5C of chapter 15C of the General Laws; provided further, that the Massachusetts state scholarship office shall expend not less than $18,923,508 to provide for matching scholarship grants to needy Massachusetts students at participating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; provided further, that not less than $170,940 shall be made available to provide financial assistance for Massachusetts residents enrolled at public higher education institutions to participate in the Washington Center-Massachusetts Initiative Academic Internship program; provided further, that except as otherwise provided in this act, all financial assistance mentioned previously in this item shall be distributed to students demonstrating the greatest need as determined by an eligibility index used by the state scholarship office; provided further, that students awarded full or partial scholarships under the Christian A. Herter Memorial Scholarship Program, established in section 16 of chapter 15A of the General Laws, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by that program; provided further, that the state scholarship office may expend monies for the public service awards as established in section 16 of chapter 15A; provided further, that the chancellor of higher education, in coordination with the Massachusetts state scholarship office, shall adopt regulations governing the eligibility and the awarding of financial assistance; provided further, that not more than $1,589,945 shall be expended on the administration of the scholarship program; provided further, that not less than $1,000,000 shall be expended on a pilot scholarship program for all early childhood educators in the commonwealth pursuant to clause (10) of section 5 of chapter 15D of the General Laws; provided, that the board of higher education, acting jointly with the board of early education and care, shall establish appropriate guidelines and application criteria for the administration of the program; provided further, that the loan shall cover the cost of tuition, fees, and related expenses as determined by the boards for up to three courses per semester in degree granting programs for early educators who are pursuing associates, bachelors, or masters level degrees to meet the teacher and program quality standards of the department of early education and care; provided further, that eligible recipients shall be early educators and providers who are working in early education and care programs in the commonwealth and who commit to teaching in early education and care programs for a term of service after graduation to be determined by the boards; provided further, that preference shall be given to applicants identified by the local councils funded by item 3000-4000 or by the regional offices funded by item 3000-2000 as highly talented providers who have already displayed commitment to early childhood education as demonstrated by longevity in the field, who do not otherwise meet the program and quality standards of the new department, but who have displayed talent and capability at working with young children that make them strong applicants for this scholarship opportunity; provided that not less than $800,000 shall be directed to One Family Inc.? for the purposes of administering and sponsoring a scholarship program for the higher education of heads-of-household for homeless families with children under the age of 18, or who are at-risk of homelessness as determined by the federal poverty, or who have experienced homelessness within the previous 12 months; provided further that said funds shall be expended for scholarships and assistance with living expenses at accredited institutions of higher learning in the commonwealth; provided further, that each scholarship shall be matched dollar-for-dollar by One Family Inc.; provided further that the scholarship recipients in said program shall be monitored and tracked for their progress and that the results shall be reported to the commonwealth on a bi-annual basis through the board of higher education; provided further, that One Family Inc. shall work with the board of higher education on said program eligibility criteria and regulations; provided further, that One Family Inc, shall submit a report to the joint committee on ways and means no later than January 15, 2006; provided further, that said report shall include the number of applications for said grants in fiscal year 2006, number of? awards granted, amount of said awards and program projections for fiscal year 2007; provided further, that not less than $2,249,216 shall be provided for grants to residents of the commonwealth who are working as paraprofessionals in public schools of the commonwealth while pursuing a bachelor's degree at a public or independent college or university in the commonwealth in order to become a certified teacher in Massachusetts; and provided further, that eligibility shall be limited to persons who have worked as paraprofessionals in the public schools of the commonwealth for a minimum of 2 years before receipt of such grant, or who are enrolled in and pursuing courses of study that will lead to certification as a teacher in bilingual education, special education, math, science, or foreign languages, and who commit to teach and actually teach, for a period determined by the board of higher education, in the public schools of the commonwealth upon graduation and certification pursuant to section 38G of chapter 71........... $84,673,454

7077-0023
For a contract with the Tufts School of Veterinary Medicine; provided, that funds appropriated in this item shall be expended under the Massachusetts resident veterinary tuition remission plan submitted January 8, 1998, for supportive veterinary services provided to the commonwealth; provided further, that prior year costs may be paid from this item; provided further, that funds appropriated herein shall support bioterrorism prevention research related to diseases that can be transmitted from animals to humans, in consultation with Massachusetts emergency authorities; and provided further, that the school shall work in consultation with the Norfolk County Agricultural School on veterinary programs ....................................................
$4,054,000

University of Massachusetts

7100-0200
For the operation of the University of Massachusetts; provided, that notwithstanding any general or special law to the contrary, the university may establish and organize auxiliary organizations, subject to policies, rules and regulations adopted by the board, to provide essential functions which are integral to the educational mission of the university; provided further, that notwithstanding any general or special law to the contrary, the university may enter into leases of real property without prior approval of the division of capital asset management and maintenance; provided further, that not less than $500,000 shall be expended in fiscal year 2006 for the University of Massachusetts at Amherst Cranberry Station at Wareham; provided further, that such funds shall be expended under a plan reviewed and recommended by the University of Massachusetts at Amherst Cranberry Experiment Station Board of Oversight; provided further, not less than $66,000 shall be expended for the state cranberry bog renovation at the University of Massachusetts at Amherst Cranberry Station at Wareham; provided further, that not less than $500,000 shall be expended for the Center for Portuguese Studies to operate at the University of Massachusetts at Dartmouth; provided further, that not less than $50,000 shall be expended for the UMASS Dartmouth Center for Business Research; provided further, that not less than $380,000 shall be expended for the School for Marine Environmental Science Technology and Fisheries to operate at the University of Massachusetts at Dartmouth; provided further, that the sum expended for the UMass Extension in fiscal year 2006 shall be adjusted only in direct proportion to university budget adjustments to other academic programs of the University of Massachusetts at Amherst; provided further, that such funds shall be expended in accordance with a plan reviewed by the UMass Extension board of public overseers; provided further, that not less than $50,000 shall be expended for the 4-H program; provided further, that not less than $250,000 shall be expended for labor studies programs at the Amherst, Boston, Dartmouth and Lowell campuses; provided further, that funding for the William Joiner Center for the Study of War and Social Consequences shall be funded at an amount not less than was allocated in the previous fiscal year; provided further, that not less than an additional $30,000 shall be appropriated for the Hispanic Writers in the Schools program; provided further, that not less than $368,000 shall be expended for the Maurico Gaston Institute for Latino Community Development and Public Policy at the University of Massachusetts at Boston; provided further, that not less than $30,000 shall be expended for the Grace Grossman Inner-City Youth Collaborative at the University of Massachusetts Field Station on Nantucket; provided further, that not less than $100,000 shall be expended for the Sustainable Urban Redevelopment Program at the University of Massachusetts at Lowell; and provided further, that not less than $350,000 shall be? expended for the William Monroe Trotter Institute at the University of Massachusetts at Boston........................................$408,820,034

7100-0300
For the operation of the toxics use reduction institute program at the University of Massachusetts at Lowell, in accordance with section 6 of chapter 21I of the General Laws .................................. $1,240,217

7100-0350
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For an assessment at the Toxics Use Reduction Institute on the feasibility of adopting chemical or technological alternatives for the following toxic or hazardous substances lead, formaldehyde, perchloroethylene, hexavalent chromium, and di-(2 ethylhexyl)phthalate (DEHP); provided, that the assessment shall, for each named toxic or hazardous substance, identify: (1) significant uses of the toxic substance in manufacturing, consumer products and any other applications; (2) potential human health and environmental impacts; and (3) any alternative chemicals or technologies, both proven and emergent, and an analysis of their potential to serve as substitutes for any of the toxic or hazardous substances listed above, which shall include a assessment of: (a) specific applications of any alternative chemical or technology; (b) potential impacts on the environment, human health, workers, employment level and economic competitiveness of the commonwealth from adopting and implementing any alternative chemical or technology as substitutes; (c) the economic opportunities or feasibility of adopting and implementing any alternative chemical or technology as a substitute including, but not limited to, consideration of the potential effects on capital, operating and production unit costs, and product price, to result from the substitution; and provided further, that the Institute shall report its findings to the joint committee on environment, natural resources and agriculture by July 1, 2006.....................................................................$250,000

7100-0500
For the operation of the board of higher education's Commonwealth College honors program at the University of Massachusetts at Amherst.................................$3,430,000

7100-0700
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the operation of the office of dispute resolution at the University of Massachusetts at Boston under section 46 of chapter 75 of the General Laws..........................................$166,440

State Colleges.

7109-0100
For Bridgewater State College; provided, that not less than $245,814 shall be expended for the operation of the John Joseph Moakley Center for Technological Applications at Bridgewater State College .................
$34,153,292

7110-0100
For Fitchburg State College .................................................................$24,213,899

7112-0100
For Framingham State College; provided, that not less than $160,000 shall be expended for the regional economic research center; provided further, that $130,000 shall be expended for the operation of the commonwealths' global education centers .............$20,541,080

7113-0100
For the Massachusetts College of Liberal Arts ..........................................................................$12,309,513

7113-0105
For the Massachusetts College of Liberal Arts for capacity building at the Massachusetts College of Liberal Arts in conjunction with a pilot wireless learning initiative in conjunction with the Massachusetts Technology Collaborative; provided, that not less than $100,000 shall be expended for the assessment and evaluation of the higher education resources available to residents of Berkshire County ........................ $350,000

7114-0100
For Salem State College ...................................................$32,501,837

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

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

7114-0106
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the second degree nursing program at Salem State College...............................................$915,900

7115-0100
For Westfield State College ....................................................................................................... $20,184,505

7116-0100
For Worcester State College ..................................................................................................... $20,501,687

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

7117-0100
For the Massachusetts College of Art ........................................................................................ $11,167,184

7118-0100
For the Massachusetts Maritime Academy; provided further, that $325,000 shall be expended for the development of an alternative energy source with Massachusetts Technology Collaborative .....................................
$11,107,771

Community Colleges.

7502-0100
For Berkshire Community College ............................................................................................. $8,226,345

7503-0100
For Bristol Community College .................................................................................................. $13,687,490

7504-0100
For Cape Cod Community College ........................................................................................... $9,829,611

7504-0101
For the operation of an environmental technology, education, and job training partnership through Cape Cod Community College; provided, that the college shall coordinate the partnership with the Massachusetts Maritime Academy and the University of Massachusetts at Dartmouth; provided further, that the initiative shall be conducted at the Massachusetts Military Reservation, or at any site on Cape Cod determined by the college to be suitable for the purposes of on-site education and training in the use of alternative technologies to clean up designated superfund sites; provided further, that preference shall be given to local applicants; and provided further, that the executive office of environmental affairs and the University of Massachusetts at Dartmouth shall participate in the testing and evaluation of innovative technologies ..............................................................................................................................
$124,438

7505-0100
For Greenfield Community College ............................................................................................ $8,062,547

7506-0100
For Holyoke Community College .............................................................................................. $15,973,761

7507-0100
For Massachusetts Bay Community College .............................................................................. $12,286,568

7508-0100
For Massasoit Community College ............................................................................................ $17,407,014

7509-0100
For Mount Wachusett Community College; provided, that $100,000 shall be expended for the Latino education and family development program ................................................................................................................ $10,427,486

7510-0100
For Northern Essex Community College .................................................................................... $16,554,154

7511-0100
For North Shore Community College, including the post-secondary programs of the Essex Agricultural and Technical Institute operated by North Shore Community College ............................................................... $17,638,434

7511-0101
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the establishment and administration of the public policy institute and resource center at North Shore Community College ........$250,000

7512-0100
For Quinsigamond Community College ...................................................................................... $12,974,525

7514-0100
For Springfield Technical Community College ............................................................................ $20,720,495

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

7515-0100
For Roxbury Community College .............................................................................................. $9,266,398

7515-0120
For the operation of the Reggie Lewis Track and Athletic Center at Roxbury Community College ...................
$946,000

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

7516-0100
For Middlesex Community College; provided, that the Federal Building on the Lowell campus of Middlesex Community College be designated and known as the Brad Morse Building in honor of the late Frank Bradford Morse, former congressman and undersecretary of the United Nations, and that suitable markers bearing such designation be erected ?.......................................
$16,979,751

7516-0200
For the Bay State Reading Institute; provided, that the program shall be administered under contract to Middlesex Community College in programmatic collaboration with Fitchburg State College; provided further, that the Institute shall provide literacy based intervention in schools and districts at risk of or determined to be underperforming in accordance with sections 1J and 1K of chapter 69 of the General Laws; provided further, that preference in the awarding of said funds shall be given to schools and districts with a high percentage of minority or low-income students; provided further, that such school-wide literacy-based intervention programs shall be based on effective, research-based instruction in reading, as called for in Reading First; provided further, that in its evaluation of applications for said initiative, the executive director of said initiative may take into consideration schools' cumulative grade 3 MCAS scores; provided further, that such school-wide literacy-based intervention programs shall provide for the evaluation and tracking of all students' reading and writing skills at least annually, shall include measurable goals and benchmarks, shall be led by a school-based planning team which includes teaching faculty and the school principal, shall provide for the training of teachers in effective, research-based strategies for reading instruction and shall include a school-wide literacy coordinator who shall be responsible for the coordination and training of other school staff; provided further, that said initiative shall require that participating schools engage in frequent assessment of the progress of individual students, including diagnostics to pin-point the source of difficulty for struggling students, use small-group, student-centered instruction for a substantial part of the school day in order to allow teachers to meet the needs of individual students and differentiate instruction to help every student reach his or her potential, use research-based interventions that address the particular needs of struggling students, focus on literacy instruction, including writing, across the curriculum, monitor progress frequently to make sure that the strategies used with these students are working, and seek out additional funding for after-school time and for substitutes to give teachers an opportunity to plan together, to take a leadership role in implementing change, and to meet with and observe their peers in partner schools; and provided further, that funds appropriated in this item for said initiative may be expended through June 30, 2007.................
$1,000,000

7518-0100
For Bunker Hill Community College; provided, that $108,000 shall be obligated for the life focus center .........
$17,697,906

7520-0424
For a health and welfare reserve for eligible personnel employed at the community and state colleges ...............
$3,850,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Office of the Secretary.

8000-0000
The Governor reduced the following item and disapproved the wording.
For the office of the secretary, including the administration of the committee on criminal justice and the highway safety bureau to provide matching funds for a federal planning and administration grant pursuant to 23 U.S.C. section 402; provided, that not less than $50,000 shall be expended for a commission to be known as the State Resilience Development and Anti-Terrorism Commission which shall be comprised of 5 members who shall be appointed by the Inspector General, 1 of whom shall be a representative of organized labor and 1 of whom shall be a representative of management and chapters 268A and 268B of the General Laws shall not apply to members of the commission who are not otherwise subject to said chapters 268A and 268B; provided, further, that the commission shall not be subject to sections 11A and 11A1/2 of chapter 30A of the General Laws; provided further, that the commission shall be responsible for researching, developing, and coordinating resilience-building programs and protocols, including, but not limited to, risk communication protocols, community strategies to maximize public adherence to disaster contingency plans, training for teachers and school personnel to guide students through disasters and tools for first responders to maximize their effectiveness during and after a crisis; provided further, that the commission shall approve and audit all state, local and regional programs and ensure that all state, local and federal funding and grants are appropriately expended; provided further, that the commission shall analyze state and local preparedness for terrorism to ensure that the state public health infrastructure is prepared to adequately respond to the psychological? and physical consequences across a continuum of possible terrorism events; provided further, that the commission shall ensure that state and local disaster planners address psychological and physical consequences in their planning and preparedness and in their response to pre-event, event and post-event phases of terrorist attacks; provided further, that due consideration shall be given to needs associated with different types of terrorism events and to needs for various segments of the population; provided further, that due consideration shall also be given to providing adequate state and local prioritization and funding of resources and support for psychological preparedness and response; provided further, that the commission shall develop strategies for encouraging state public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase psychological resilience and mitigate distress reactions and maladaptive behaviors to a conventional, biological, chemical or radiological attack in the commonwealth; provided further, that the commission may hire staff, contract and enter into agreements for the operation of the commission; and provided further, that the commission may seek grants and other funding sources for the operation of the commission.......................................$2,300,856 $2,250,856

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

8000-0010
For community policing grants to be administered by the executive office of public safety; provided, that no such grants shall be awarded to the department of state police; provided further, that notwithstanding chapter 172 of the acts of 2004, any community earmarked to receive community policing funds in item 8000-0010 of section 2 of chapter 26 of the acts of 2003, including funds allocated by section 67 of chapter 140 of the acts of 2003 or in item 7003-0702 of section 2 of chapter 149 of the acts of 2004, shall receive 100 per cent of the amount so earmarked in fiscal year 2006; provided further, that no community shall receive a grant in fiscal year 2006 which is less than that received in fiscal year 2003; provided further, that $250,000 shall be made available to municipalities specified under item 8100-0000 to curb gang-related activities; provided further, that the secretary of public safety shall distribute the monies from the preceding proviso through a competitive grant program that gives preference to applications that demonstrate a commitment to multi-jurisdictional collaborative strategies to deal with curbing gang-related activities; provided further, that $80,000 shall be provided for community policing in Newburyport; provided further, that not less than $25,000 shall be made available for the safe use of the Neponset river bicycle path in the town of Milton; provided further, that $47,000 shall be provided for community policing in Swampscott; provided further, that $83,920 shall be provided for community policing in Framingham; provided further, that $20,000 shall be provided for community policing in Revere; provided further, that $165,000 of the grants awarded to Boston shall be provided for community policing in the Dudley square section of Roxbury in the city of Boston; provided further, that $240,000 of the grants awarded to Boston shall be provided for community policing in West Roxbury and Hyde Park; provided further, that $38,000 shall be provided for community policing in Falmouth; provided further, that $19,200 shall be provided for community policing in Kingston; provided further, that $19,200 shall be provided for community policing in Pembroke; provided further, that $100,000 shall be provided for community policing in Plymouth; provided further, that $38,000 shall be provided for community policing in Plympton; provided further, that $50,000 shall be provided for community policing in Sandwich; provided further, that grants shall only be expended on items that are related to community policing activities, programs, purchases or construction; provided further, that grant funds shall not be expended on food and beverages, recruit training academy tuition, salaries and benefits for non-community policing personnel and payments for non-related overtime; and provided further, that, not later than March 15, 2006, the executive office of public safety shall submit a report to the house and senate committees on ways and means detailing the amount of grants awarded to these grant recipients and descriptions of these grants .....................................
$21,271,035

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

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

8000-0202
For the purchase and distribution of sexual assault evidence collection kits ..................................
$80,000

8000-0619
For the distribution of grants for city and town student awareness of fire education programs, to be known as S.A.F.E programs, which shall include information about the fire risks caused by smoking; provided, that grants awarded by the executive office of public safety to a municipality under the program shall, when applicable, be in an amount not less than the amount of the grant each such municipality received in fiscal year 2000.................................
1,078,666

Office of Chief Medical Examiner.

8000-0105
For the operation of the office of the chief medical examiner established pursuant to chapter 38 of the General Laws; provided, that not less than $850,000 shall be expended for toxicology testing and results ...........
$6,542,664

8000-0106
For the operation and related costs of the state police crime laboratory; provided, that the analysis of narcotic drug synthetic substitutes, poisons, drugs, medicines, and chemicals shall be funded in this item in order to support the law enforcement efforts of the district attorneys, the state police and municipal police departments; provided further, that the agency shall contract with a public institution to conduct testing for criminal cases; provided further, that the agency shall enter into agreements with the various district attorneys to provide forensic services for criminal cases brought forth by the commonwealth; and provided further, that the practices and procedures of the state police crime laboratory shall be informed by the recommendations of the Forensic Sciences Advisory Board...............................
$12,199,007

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

Sex Offender Registry Board.

8000-0125
For the operation of the sex offender registry program, including, but not limited to, the costs of maintaining a computerized registry system and the classification of persons subject to the registry ......................................... $
3,597,380

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

Criminal History Systems Board

8000-0110
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For the operation of the criminal history systems board; provided, that the board shall fund 1 administrative assistant who shall be employed in the victim services unit of the board for the continued and enhanced operation of the post-conviction victim and witness certification program operated pursuant to chapter 258B and clause (c) of the first paragraph of section 172 of chapter 6 of the General Laws; provided further, that said victim services position shall be in addition to any such positions approved as of February 1, 1998; provided further, that not more than $75,000 shall be expended for the purpose of enabling local housing authorities access to criminal offense information when qualifying applicants for state-assisted housing; provided further, that the board shall, not later than September 30, 2005, adopt regulations to: a) assure that the distribution of criminal offender record information relates to the individual for whom the request has been made; b) afford practical assistance in corrections to a criminal offender record information report to an individual who submits evidence to the board that any charges in a criminal offender record information report distributed by the board and purportedly relating to that individual, in fact, do not relate to that individual; c) limit the distribution of criminal offender record information to conviction data and data regarding any pending criminal charge, except as otherwise authorized by law; and d) require that any entity other than a criminal justice agency that receives a criminal offender record information report from the board as to an individual and, as a result of that report is inclined to make an adverse decision as to the individual, shall, before making a final decision, afford the individual an opportunity to dispute the accuracy and relevance of the criminal offender record information report; and provided further, that not later than January 1, 2006, the board shall file a report with the house and senate committees on ways and means detailing the steps the board has taken to implement the preceding proviso and the success of those steps in improving the accuracy of the criminal offender record information system..........................................
$2,826,982

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

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

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

8000-1122
For the telecommunications and information technology costs of the criminal history systems board; provided, that no funds provided in this item shall be expended in the KK object class .................................................... $3,117,681

Department of State Police

8100-0000
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For the administration and operation of the department of state police; provided, that costs associated with the 77th and 78th state police classes shall be funded from this item; provided further, that the department shall expend funds from this item for the purpose of maximizing federal grants for the operation of a counter-terrorism unit; provided further, that the department shall maintain the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not fewer than 40 officers may be provided to the department of conservation and recreation for the purpose of patrolling the watershed property of the department of conservation and recreation; provided further, that funds shall be expended from this item for the administration and operation of an automated fingerprint identification system and the motor carrier safety assistance program; provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse; provided further, that the department shall enter into an interagency agreement with the department of conservation and recreation to provide police coverage on department properties and parkways; provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the office of law enforcement in the executive office of environmental affairs at no cost to, or compensation from, that office; provided further, that not less than $2,328,946 shall be expended for the payroll costs of the state police directed patrols; provided further, that any community that was selected to receive earmarked funds in fiscal year 2004 shall receive 100 per cent of the amount so earmarked in fiscal year 2006; provided further, that not less than $1,050,000 shall be expended to curb gang-related activities in the cities of Boston, Brockton, Chelsea, Fall River, Fitchburg, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Revere, Somerville, Springfield and Worcester; provided further, that $100,000 shall be expended for the SCARR program; provided further, that not less than $50,000 shall be expended for patrols in Berkshire county; provided further, that $50,000 shall be expended for patrols in the Myles Standish state park in the town of Plymouth; provided further, that $75,000 shall be expended for the 5-A program in the city of Springfield; and provided further, that the department may expend funds from this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the office of the chief medical examiner, the municipal police training committee and the criminal history systems board; and provided further, that not less than $62,400 shall be expended for the state police-South Yarmouth to prevent accidents and expedite traffic flow in the town of Yarmouth .................... $211,186,780

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

8100-0006
For private police details; provided, that the department may expend up to $13,500,000 in revenues collected from fees charged for private police details and for the costs of administering such details; and provided further, that notwithstanding any general or special law to the contrary, the department may incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year 2006 to be charged to this item in an amount not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system for the purposes stated in this item to accommodate the delayed receipt of revenues authorized to be retained in this item during fiscal year 2006.................................................
$13,500,000

8100-0007
For the overtime of State police officers, including the operation of the drug enforcement task force; provided, that the department shall furnish, on a quarterly and annual basis, a report to the house and senate committees on ways and means outlining by category, division and cost in which overtime hours were worked; and provided further, that the report shall also include a calculation reviewing the reduced number of overtime hours worked and savings to the department resulting from the addition of the 77th, 78th, and 79th state police classes ........................................................ $13,010,782

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

8100-0011
The department may expend an amount not to exceed $3,600,000 for certain police activities provided pursuant to agreements authorized in this item; provided, that for fiscal year 2006, the superintendent of the state police may enter into service agreements with the commanding officer or other person in charge of a military reservation of the United States located in the Massachusetts Development Finance Agency, established in chapter 23G of the General Laws; provided further, that such agreements shall establish the responsibilities pertaining to the operation and maintenance of police services including, but not limited to: (1) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (2) provisions governing payment to the department for the cost of furnishings and equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the superintendent may enter into service agreements as may be necessary to enhance the protection of persons, as well as assets and infrastructure located within the commonwealth, from possible external threat or activity, provided that such agreements shall establish the responsibilities pertaining to the operation and maintenance of police services including, but not limited to: (1) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (2) provisions governing payment to the department for the cost of equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the superintendent may expend from this item costs associated with joint federal and state law enforcement activities from federal reimbursements received therefore; and provided further, that notwithstanding any general or special law to the contrary for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not exceed the lower of this authorization or the most recent revenue estimate ................................... $3,600,000

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

8100-0012
The department of state police may expend for the costs of security services provided by state police officers, including overtime and administrative costs, an amount not to exceed $1,000,000 from fees charged for these services; provided, that notwithstanding the provisions of any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system ...................................................... $1,000,000

8100-0020
The department may expend an amount not to exceed $150,000 in fees charged for the use of the statewide telecommunications system for the maintenance of the system ..................................................... $150,000

8100-0101
The department of state police may expend for the Governor's Auto Theft Strike Force an amount not to exceed $368,000 from fees for services performed through the auto etching program and from assessments upon the insurance industry...........................
$368,000

8100-0515
For the training and related costs of additional state police recruit training troops .........................
$4,418,246

Municipal Police Training Committee

8200-0200
For the operation of veteran, reserve and in-service training programs conducted by the municipal police training committee; provided, that the committee shall expend not less than $250,000 in accordance with chapter 30B of the General Laws, for training and technical assistance for chiefs of police and administrative or command personnel by: a) a combination of training manuals, seminars, computer based training and distance learning; b) research, drafting and mailing of monthly articles and presentations on legal and administration topics; c) training presentations during and following monthly meetings of policy chiefs; d) e-mail, toll-free consultation to chiefs on administrative issues and follow-up on seminar topics; e) a state-wide 3 day training conference on management, legal and leadership issues; provided further, that under no circumstances shall any expenditures authorized by this item be charged to item 8200-0222; provided further, that not less than $50,000 shall be expended for the purpose of a feasibility study of a multi-use public safety structure in the town of Paxton; provided further, that not less than $25,000 be provided to the Municipal Police Training Academy located in the town of Boylston for the purpose of increased rental, maintenance and utility costs to be paid to the town of Boylston; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated in this item ..................................
$3,316,478

8200-0222
The committee may collect and expend an amount not to exceed $1,363,500 for the purposes of providing training to new recruits; provided, that the committee shall charge $2,300 per recruit for the training; provided further, that notwithstanding any general or special law to the contrary, the committee shall charge a fee of $2,300 per person for training programs operated by the committee for all persons who begin training on or after July 1, 2005; provided further, that the fee shall be retained and expended by the committee; provided further, that the trainee, or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide the fee in full to the committee no later than the first day of orientation for the program in which such trainee or recruit has enrolled; provided further, that no recruit or person shall begin training unless the municipality or the person has provided the fee in full to the committee; provided further, that for recruits of municipalities, upon the completion of the program, the municipality shall deduct the fee from the recruit's wages in 23 equal monthly installments, unless otherwise negotiated between the recruit and the municipality in which the recruit shall serve; provided further, that if a recruit withdraws from the training program before graduation, the committee shall refund the municipality in which the recruit was to have served a portion of the fee according to the following schedule: if a recruit withdraws from the program before the start of week 2, 75 per cent of the payment shall be refunded; if a recruit withdraws from the program after the start of week 2 but before the start of week 3, 50 per cent of the fee shall be refunded; if a recruit withdraws from the program after the start of week 3 but before the start of week 4, 25 per cent of the fee shall be refunded; if a recruit withdraws after the start of week 4, the fee shall not be refunded; provided further, that a recruit who withdraws from the program shall pay the municipality in which he was to have served the difference between the fee and the amount forfeited by the municipality according to the schedule; provided further, that the schedule shall also apply to trainees other than recruits who enroll in the program; provided further, that no expenditures shall be charged to this item that are not directly related to new recruit training; provided further, that no expenditures shall be charged to this item that are related to chief, veteran, in-service, or reserve training, or any training not directly related to new recruits; provided further, that the committee shall submit a report on the status of recruit training, including the number of classes, start and end dates of each class, total number of recruits enrolled and graduating in each class, cost per recruit and cost per class for fiscal years 2005 and 2006; provided further, that the report shall be submitted to the house and senate committees on ways and means no later than January 1, 2006; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the committee may incur expenses and the comptroller may certify for payments not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................................................................$1,363,500

Department of Public Safety

8311-1000
For the administration of the department of public safety, including the board of building regulations and standards and the architectural access board; provided, that the department may charge fees for permitting the operation of amusement devices and to support the department's participation in the National Council for Amusement and Recreational Equipment Safety; provided further, that the department may charge fees for amusement operator certification; and provided further, that the salaries of the commissioner and the deputy commissioner of the department of public safety shall be paid from this item .........$1,099,359

8315-1000
For the administrative costs of the division of inspections; provided, that the expenses of the state boxing commission shall be paid from this item; provided further, that a doctor's certificate from another state shall be accepted as evidence of an eye examination; provided further, that no funds shall be expended from this item for the salaries of the commissioner or deputy commissioner of public safety; provided further, that the department shall employ not less than 46.5 full-time equivalent elevator inspectors, including an additional engineer inspector; provided further, that such additional engineer inspector's duties shall include, but not be limited to, administering pipefitter license examinations; provided further, that such an additional engineer inspector and elevator inspectors shall be regular state employees compensated from the AA object class of this item; provided further, that such additional engineer inspector position shall be in addition to any such positions added during fiscal year 1995; provided further, that the division shall develop reasonable rules or promulgate regulations for the granting of hardship fee exemptions to certain owners or persons in control of a building or domicile in which an elevator is operated; provided further, that the division shall report to the house and senate committees on ways and means on the elevator inspection backlog not later than October 1, 2005; provided further, that the division shall develop and maintain an electronic database that shall include, but not be limited to, the location and a categorical classification of buildings in which inspections are conducted; and provided further, that the division shall inspect all elevators in the state house and the McCormack office building ...............$5,062,854

8315-1020
The department of public safety may expend not more than $1,700,000 in revenues collected from fees for annual elevator and amusement park ride inspections; provided, that funds shall be expended for the operation of the department and for the purposes of addressing the existing elevator inspection backlog; provided further, that the department shall make efforts to employ inspectors that will perform overnight and weekend inspections as their regular work shift; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most-recent revenue estimate as reported in the state accounting system ...............$1,700,000

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

Department of Fire Services.

8324-0000
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For the administration of the department of fire services, including the state fire marshal's office, the hazardous materials emergency response program and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and non-municipal fire training, and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal's office and the Massachusetts firefighting academy shall be assessed upon insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receiving notice of such assessment from the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the operation of the hazardous materials emergency response program shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion, policies on property situated in the commonwealth and commercial auto liability policies as referenced in line 5.1 and line 19.4, respectively, in the most recent annual statement on file with the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, funds scheduled in the PP object class, pursuant to section 27 of chapter 29 of the General Laws for this item in fiscal year 2006 shall not be transferred to any other object class in said fiscal year; provided further, that not more than 10 per cent of the amount designated for the arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section 4 of chapter 22D of the General Laws, shall be paid from this item; provided further, that $100,000 shall be expended to Norfolk County for the purpose of the establishment of the Norfolk County dispatch center at the Massachusetts Hospital School in Canton; provided further, that the expenses of the fire safety commission shall be paid from this item; provided further, that $25,000 shall be expended for the costs of operating the fire starters program by the Plymouth county juvenile court; and provided further, that not less than $100,000 be expended for the administration of a statewide program to provide for critical incident stress intervention for the fire departments of the cities, towns, and fire districts of the commonwealth including, but not limited to, consultant services, training, equipment, and supplies...................$10,323,098

8324-1101
For the costs of the department for the enforcement of underground storage tank compliance standards set forth in sections 38B to 38I, inclusive, of chapter 148 of the General Laws and the rules and regulations promulgated pursuant thereto .........................................
$106,240

Merit Rating Board.

8400-0100
For the operation of the safe driver insurance plan authorized pursuant to section 113B of chapter 175 of the General Laws, including the rent, related parking and utility expenses of the merit rating board; provided, that notwithstanding the provisions of any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal, motor vehicle traffic violations as described in chapter 90C of the General Laws .................................................$8,606,736

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

Military Division.

8700-0001
For the operation of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the camp Curtis Guild rifle range and certain national guard aviation facilities; provided, that notwithstanding chapter 30 of the General Laws, certain military personnel in the military division may be paid salaries according to military pay grades; and provided further, that the adjutant general shall maintain a roster of Massachusetts veterans as directed by section 15 of chapter 33 of the General Laws ...........................................................$5,451,741

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

Massachusetts Emergency Management Agency.

8800-0001
For the operations of the Massachusetts emergency management agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities ............................................. $997,301

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

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

8800-0300
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved the wording.
For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire including a continuous real-time radiological monitoring system for Massachusetts cities and towns located within the emergency planning zone of the nuclear power plant; provided, that the cost of this item, including any applicable fringe benefits and indirect costs, shall be assessed on electric companies in Massachusetts which own, in whole or in part, or purchase power from the Seabrook nuclear power plant; provided further, that the department of telecommunications and energy shall develop an equitable method of apportioning such assessments among the licensees; provided further, that such assessments shall be paid during the current fiscal year as provided by the department; provided further, that for the purposes of said item, electric companies shall be defined as all persons, firms, associations and private corporations which own or operate works or distribute electricity in the commonwealth; provided further, that the term "electric companies" shall not include municipalities or municipal light plants; provided further, that not less than $75,000 shall be expended for the upgrading and installation of updated monitoring equipment for C-10 of Newburyport this expense shall be apportioned according to the formula stated above; and provided further, that the department shall report to the house and senate committees on ways and means not later than March 1, 2006 the results of the monitoring project between the department and the citizens monitoring group, including but not limited to, the reasons for increases and decreases in radiation levels ..................................................... $165,356

Department of Correction

8900-0001
The Legislature overrode the Governor's disapproval
The Governor disapproved the item.
For the operation of the commonwealth's department of correction; provided, that the department shall expend not less than $1,010,500 to cities and towns hosting facilities; provided further, that one-half of the number of inmates incarcerated at Souza Baranowski correctional center shall be deemed to be incarcerated within a correctional facility in the town of Shirley and one-half shall be deemed to be incarcerated within a correctional facility in the town of Lancaster; provided further, that before closing any correctional facility, the commissioner of corrections and the secretary of public safety shall report to the house and senate committees on ways and means and public safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, the commissioner of corrections and the secretary of public safety shall report to the house and senate committees on ways and means and public safety before January 1 of each year the point score compiled by the department of correction's objective classification system for all prisoners confined in each prison operated by the department; provided further, that not less than $200,000 shall be provided for the Aid to Incarcerated Mothers organization; provided further, that not less than $40,000 shall be provided for the Dismas House in the city of Worcester; provided further, that the department shall expend not less than $500,000 to the community hosting the facility at Cedar Junction; provided further, that the department may expend funds appropriated herein for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the military division, the Massachusetts parole board and the sex offender registry board; and provided further, that not less than $100,000 be allocated to the Center for Women in Politics and Public Policy at the University of Massachusetts, Boston to conduct a comprehensive study of resources and best practices that develop and strengthen the family connections of women inmates and their children ........................................ $430,966,325

8900-0010
For prison industries and farm services ....................................................................................... $2,783,521

8900-0011
For a prison industries and farm services revenue retention account; provided, that the department may expend an amount not to exceed $2,600,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this