AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2009 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, 2008, and to make certain changes in law, 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, 2009. All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons. All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.
SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the Constitution of the Commonwealth and section 6D of chapter 29 of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June 30, 2009 are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for said fiscal year as set forth and authorized in sections 2 and 2B. The comptroller shall keep a distinct account of actual receipts from each such source by each such fund to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein and to include a full statement comparing such actual and projected receipts in the annual report for said fiscal year pursuant to section 13 of chapter 7A of the General Laws. The quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section.
| Source | All Budgeted Funds* | General Fund | Highway Fund | School Building Trust | MBTA |
|---|---|---|---|---|---|
Alcohol. Bev. |
75.4 | 75.4 | |||
Cigarettes |
439.8 | 439.8 | |||
Corporations |
1,404.60 | 1,404.60 | |||
Deeds |
169.4 | 169.4 | |||
Estate Inheritance |
233.3 | 233.3 | |||
Financial Institutions |
254 | 254 | |||
Income |
12,739.70 | 12,739.70 | |||
Insurance |
420.7 | 420.7 | |||
Motor Fuels |
674.6 | 96.9 | 577.7 | ||
Public Utilities |
150 | 150 | |||
Room Occupancy |
123.2 | 80.1 | |||
Sales-Regular |
3098.4 | 1,840.40 | 601 | 657 | |
Sales-Meals |
665.1 | 665.1 | |||
Sales-Motor Vehicles |
514.2 | 302.2 | 101 | 111 | |
Miscellaneous |
3.5 | 3.5 | |||
UI Surcharges |
21 | ||||
Total Consensus Tax Revenues: |
20,986.90 | 18,875.10 | 577.7 | 702 | 768 |
SBAB Transfer |
-702 | -702 | |||
MBTA Transfer |
-768 | -768 | |||
Pension Transfer |
-1,465.00 | -1,465.00 | |||
Total Consensus Tax Revenue for Budget |
18,051.90 | 17,410.10 | 577.7 | 0 | 0 |
Adjustments to Taxation Laws |
|||||
Combined Reporting |
188 | 188 | |||
Conformity of Classification (Check-the-Box) |
101 | 101 | |||
Clarify Earned Income Credit |
2 | 2 | |||
Adjustments Total |
291.0 | 291.0 | |||
DOR Enforcement and Efficiencies |
|||||
Annualized Value of Additional Auditors |
60.3 | 60.3 | |||
Wage Enforcement |
30 | 30 | |||
Cigarette Stamp Encryption |
12 | 12 | |||
Reclassification of Cigar Tobacco |
11 | 11 | |||
Elimination
of Sales Tax Exemption for Pesticides |
3 | 3 | |||
License Revocation |
7 | 7 | |||
Prepaid Sales Tax on Cigarettes |
10 | 10 | |||
Electronic Recording of Liens |
6 | 6 | |||
Withholding on Real Estate Sales Tax |
2 | 2 | |||
Demand Notice Fee |
4 | 4 | |||
Late Filing Fee Increase |
12 | 12 | |||
DOR Collection Totals |
157.3 | 157.3 | |||
Life Sciences Tax Incentives |
-10.0 | -10.0 | |||
Total Tax Initiatives |
438.3 | 438.3 | |||
Total Taxes Available for Budget |
18,490.20 | 17,848.4 | 577.7 | ||
Non-Tax Revenue |
|||||
Federal Reimbursements |
7,070.6 | 7,063.2 | 3.6 | ||
Departmental Revenue |
2,477.1 | 2,113.5 | 265.7 | ||
Consolidated Transfers |
-111.5 | 379.3 | -89 | ||
GRAND TOTAL |
27,926.40 | 27,404.40 | 758 | ||
* Includes revenue deposited
into and transfers out of the Workforce Training Fund, Mass Tourism Fund,
Inland Fish and Game Fund, and Stabilization Fund. |
|||||
| Revenue Source | Unrestricted Non-Tax | Restricted Non-Tax | Total Non-Tax |
|---|---|---|---|
| Judiciary | |||
| Supreme Judicial Court | $2,859,859 | $0 | $2,859,859 |
| Committee for Public Counsel Services | $25,505 | $750,000 | $775,505 |
| Appeals Court | $471,853 | $0 | $471,853 |
| Trial Court System | $82,178,373 | $43,000,000 | $125,178,373 |
| TOTALS : | $85,535,590 | $43,750,000 | $129,285,590 |
| District Attorneys | |||
| Berkshire District Attorney’s Office | $83 | $0 | $83 |
| Bristol District Attorney’s Office | $254 | $0 | $254 |
| Middlesex District Attorney’s Office | $379 | $0 | $379 |
| Northwestern District Attorney’s Office | $185 | $0 | $185 |
| Plymouth District Attorney’s Office | $4,875 | $0 | $4,875 |
| TOTALS : | $5,776 | $0 | $5,776 |
| Governor’s Office | |||
| Executive Office | $8,686 | $0 | $8,686 |
| TOTALS : | $8,686 | $0 | $8,686 |
| Secretary of the Commonwealth | |||
| Secretary of the Commonwealth | $211,917,790 | $80,000 | $211,997,790 |
| TOTALS : | >$211,917,790 | $80,000 | $211,997,790 |
| Treasurer and Receiver-General | |||
| Office of the Treasurer | $369,373,597 | $0 | $369,373,597 |
| State Lottery Commission | $217,746,429 | $814,528,019 | $1,032,274,448 |
| Alcohol Beverages Control Commission | $3,851,200 | $0 | $3,851,200 |
| TOTALS : | $590,971,226 | $814,528,019 | $1,405,499,245 |
| State Auditor's Office | |||
| State Auditor's Office | $492 | $0 | $492 |
| TOTALS : | $492 | $0 | $492 |
| Attorney General | |||
| Office of the Attorney General | $17,758,042 | $0 | $32,408,042 |
| TOTALS : | $17,758,042 | $650,000 | $18,408,042 |
| State Ethics Commission | |||
| State Ethics Commission | $74,220 | $0 | $74,220 |
| TOTALS : | $74,220 | $0 | $74,220 |
| Inspector General | |||
| Office of the Inspector General | $0 | $493,819 | $493,819 |
| TOTALS : | $0 | $493,819 | $493,819 |
| Office of Campaign and Political Finance | |||
| Office of Campaign and Political Finance | $57,528 | $0 | $57,528 |
| TOTALS : | $57,528 | $0 | $57,528 |
| Office of State Comptroller | $500,759,489 | $0 | $500,759,489 |
| TOTALS : | $500,759,489 | $0 | $500,759,489 |
| Executive Office for Administration and Finance | |||
| Executive Office for Administration and Finance | ($1,744,876,154) | $1,000,000 | ($1,743,876,154) |
| Massachusetts Office on Disability | $41 | $0 | $41 |
| Public Employee Retirement Administration | $179 | $0 | $179 |
| Division of Capital Asset Management and Maintenance | $3,491,896 | $16,550,000 | $20,041,896 |
| Bureau of State Office Buildings | $165,397 | $0 | $165,397 |
| Civil Service Commission | $20,364 | $0 | $20,364 |
| Group Insurance Commission | $328,620,852 | $1,000,000 | $329,620,852 |
| Division of Administrative Law Appeals | $84,500 | $0 | $84,500 |
| George Fingold Library | $5,000 | $20,000 | $25,000 |
| Department of Revenue | $199,016,241 | $6,547,280 | $205,563,521 |
| Appellate Tax Board | $1,698,692 | $300,000 | $1,998,692 |
| Human Resources Division | $307,283 | $2,427,500 | $2,734,783 |
| Operational Services Division | $1,316,983 | $1,358,000 | $2,674,983 |
| Information Technology Division | $11,134 | $601,850 | $612,984 |
| TOTALS : | ($1,210,137,592) | $29,804,630 | ($1,180,332,962) |
| Executive Office of Energy and Environmental Affairs | |||
| Department of Conservation and Recreation | $24 | $0 | $24 |
| Department of Public Utilities | $12,657,063 | $2,375,000 | $15,032,063 |
| Division of Energy Resources | $738,380 | $0 | $738,380 |
| Executive Office of Energy and Environmental Affairs | $5,516,862 | $625,000 | $6,141,862 |
| Department of Environmental Protection | $44,595,780 | $1,200,000 | $45,795,780 |
| Department of Fish and Game | $14,077,526 | $217,989 | $14,295,515 |
| Department of Agricultural Resources | $4,564,025 | $0 | $4,564,025 |
| Department of Conservation and Recreation | $14,632,408 | $10,054,826 | $24,687,234 |
| TOTALS : | $96,782,068 | $14,472,815 | $111,254,883 |
| Executive Office of Health and Human Services | |||
| Department of Veterans’ Services | $15,188 | $300,000 | $315,188 |
| Executive Office of Health and Human Services | $4,198,305,420 | $225,000,000 | $4,423,35,420 |
| Division of Health Care Finance and Policy | $20,605,773 | $0 | $20,605,773 |
| Massachusetts Commission for the Blind | $3,187,781 | $0 | $3,187,781 |
| Massachusetts Rehabilitation Commission | $3,134,048 | $0 | $3,134,048 |
| Mass Commission for the Deaf | $174,175 | $0 | $174,175 |
| Soldiers Home Massachusetts | $11,256,315 | $300,661 | $11,556,976 |
| Soldiers Home in Holyoke | $13,068,187 | $483,514 | $13,551,701 |
| Department of Youth Services | $5,688,249 | $0 | $5,688,249 |
| Department of Transitional Assistance | $400,319,455 | $7,000,000 | $407,319,455 |
| Department of Public Health | $90,674,209 | $60,795,355 | $151,469,564 |
| Department of Social Services | $225,840,219 | $5,000,000 | $230,840,219 |
| Department of Mental Health | $115,737,377 | $125,000 | $115,862,377 |
| Department of Mental Retardation | $439,998,874 | $150,000 | $440,148,874 |
| Department of Elder Affairs | $1,391,556,297 | $0 | $1,391,556,297 |
| TOTALS : | $6,919,561,567 | $299,154,530 | $7,218,716,097 |
| Executive Office of Transportation and Public Works | |||
| Secretary of Transportation | $772,456 | $27,344 | $799,800 |
| Massachusetts Aeronautics Commission | $418,069 | $0 | $418,069 |
| Mass Highway | $9,590,946 | $1,000,000 | $10,590,946 |
| Registry of Motor Vehicles | $448,255,442 | $0 | $448,255,442 |
| TOTALS : | $459,036,913 | $1,027,344 | $460,064,257 |
| Board of Library Commissioners | |||
| Board of Library Commissioners | $1,785 | $0 | $1,785 |
| TOTALS : | $1,785 | $0 | $1,785 |
| Executive Office of Housing and Economic Development | |||
| Business and Technology | $506 | $0 | $506 |
| Department of Public Utilities | $4,180,192 | $0 | $4,180,192 |
| Department of Telecommunications and Cable | $0 | $0 | $0 |
| Division of Professional Licensure | $12,170,565 | $0 | $12,170,565 |
| Division of Standards | $1,629,269 | $818,900 | $2,448,169 |
| State Racing Commission | $4,325,129 | $0 | $4,325,129 |
| Division of Banks | $23,940,736 | $5,000,000 | $28,940,736 |
| Division of Insurance | $73,207,253 | $0 | $73,207,253 |
| Department of Housing and Community Development | $2,623,636 | $2,334,014 | $4,957,650 |
| TOTALS : | $122,077,286 | $8,152,914 | $130,230,200 |
| Executive Office of Labor and Workforce Development | |||
| Department of Labor | $1,566,305 | $252,850 | $1,819,155 |
| Division of Industrial Accidents | $21,208,406 | $0 | $21,208,406 |
| Labor Relations Commission | $25 | $0 | $25 |
| Board of Concilliation and Arbitration | $92,867 | $0 | $92,867 |
| Department of Workforce Development | $287,189 | $0 | $287,189 |
| TOTALS : | $23,154,792 | $252,850 | $23,407,642 |
| Executive Office of Education | |||
| Department of Early Education and Care | $199,477,322 | $0 | $199,477,322 |
| Department of Elementary and Secondary Education | $14,405,376 | $0 | $14,405,376 |
| Board of Higher Education | $420,417 | $0 | $420,417 |
| University of Massachusetts | $47,142,280 | $0 | $47,142,280 |
| Bridgewater State College | $3,043,997 | $0 | $3,043,997 |
| Fitchburg State College | $3,014,630 | $0 | $3,014,630 |
| Framingham State College | $2,478,160 | $0 | $2,478,160 |
| Massachusetts College of Liberal Arts | $371,415 | $0 | $371,415 |
| Salem State College | $2,979,194 | $0 | $2,979,194 |
| Westfield State College | $2,421,044 | $0 | $2,421,044 |
| Worcester State College | $2,793,692 | $0 | $2,793,692 |
| Berkshire Community College | $289,641 | $0 | $289,641 |
| Bristol Community College | $637,356 | $0 | $637,356 |
| Cape Cod Community College | $553,076 | $0 | $553,076 |
| Greenfield Community College | $318,597 | $0 | $318,597 |
| Holyoke Community College | $812,149 | $0 | $812,149 |
| Mass Bay Community College | $919,717 | $0 | $919,717 |
| Massasoit Community College | $832,410 | $0 | $832,410 |
| Mount Wachusett Community College | $421,978 | $0 | $421,978 |
| Northern Essex Community College | $782,537 | $0 | $782,537 |
| North Shore Community College | $889,664 | $0 | $889,664 |
| Quinsigamond Community College | $442,659 | $0 | $442,659 |
| Springfield Technical Community College | $1,041,234 | $0 | $1,041,234 |
| Roxbury Community College | $243,750 | $529,843 | $773,593 |
| Middlesex Community College | $573,085 | $0 | $573,085 |
| Bunker Hill Community College | $1,295,698 | $0 | $1,295,698 |
| Massachusetts Maritime Academy | $318 | $0 | $318 |
| TOTALS : | $288,601,396 | $529,843 | $289,131,239 |
| Executive Office of Public Safety and Security | |||
| Executive Office of of Public Safety and Security | $100,000 | $0 | $100,000 |
| Chief Medical Examiner | $488 | $1,300,000 | $1,300,488 |
| Sex Offender Registry Board | $245,531 | $0 | $245,531 |
| Criminal History Systems Board | $8,153,166 | $0 | $8,153,166 |
| Department of State Police | $1,974,594 | $23,966,200 | $25,940,794 |
| Criminal Justice Training Council | $133,049 | $1,262,500 | $1,395,549 |
| Department of Public Safety | $19,671,925 | $1,898,600 | $21,570,525 |
| Department of Fire Services | $19,617,800 | $300,000 | $19,917,800 |
| Merit Rating Board | $30,701 | $0 | $30,701 |
| Military Division | $2,021 | $400,000 | $402,021 |
| Emergency Management Agency | $5,891,907 | $0 | $5,891,907 |
| Department of Correction | $11,841,075 | $5,600,000 | $17,441,075 |
| Parole Board | $304,117 | $600,000 | $904,117 |
| TOTALS : | $67,966,374 | $35,327,300 | $103,293,674 |
| Sheriffs | |||
| Sheriff's Department Worcester | $17,000 | $0 | $17,000 |
| Sheriff's Department Hampden | $747,540 | $1,914,460 | $2,662,000 |
| Sheriff's Department Worcester | $169,157 | $0 | $169,157 |
| Sheriff's Department Middlesex | $129,050 | $1,000,000 | $1,129,050 |
| Sheriff's Department Franklin | $655,900 | $2,112,000 | $2,767,900 |
| Sheriff's Department Hampshire | $28,276 | $250,000 | $278,276 |
| Sheriff's Department Berkshire | $49,449 | $1,350,000 | $1,399,448 |
| Sheriff's Department Essex | $664,500 | $2,000,000 | $2,664,500 |
| TOTALS : | $2,460,871 | $8,626,460 | $11,087,331 |
| Mass Commission Against Discrimination | |||
| Massachusetts Commission Against Discrimination | $816,400 | $2,000,054 | $2,816,454 |
| TOTALS : | $816,400 | $2,000,054 | $2,816,454 |
| Total Non-Tax Revenue : | $8,177,410,699 | $1,258,850,578 | $9,436,261,277 |
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......... $8,294,996
The Governor has reduced the following item by $53,554
The Legislature overrode the Governor's veto.
0320-0010.. For the operation of the clerk’s office of the supreme
judicial court for
Suffolk
county..................................... $1,283,205
0321-0001.. For the operation of the commission on judicial conduct $574,398
0321-0100.. For the services of the board of bar examiners......... $1,108,593
Committee for Public Counsel Services.
The Governor has reduced the following item by $458,465
The Legislature overrode the Governor's veto.
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 and the house and senate committees on ways and means, no later than
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 11 of said chapter 211D; provided, that not more than $2,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2009 $140,345,728
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.......... $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 $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2009...................................................... $11,456,513
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, $1,370,801 shall be expended for the disability benefits
project, $618,742 shall be expended for the Medicare Advocacy Project, and
$2,834,024 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 no later than
0321-2000.. For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, established pursuant to section 34E of chapter 221 of the General Laws........... $813,797
The Governor has reduced the following item by $145,824
The Legislature overrode the Governor's veto.
0321-2100.. For the
The Governor has reduced the following item by $100,000
The Legislature overrode the Governor's veto.
0321-2205.. For the expenses of the social law library located in
Suffolk
county....................................................... $2,229,671
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...................................................... $11,614,873
Trial Court.
0330-0101.. For the salaries of the justices of the superior court department of the trial court........................................... $10,956,826
0330-0102.. For the salaries of the justices of the district court department of the trial court........................................... $21,119,998
0330-0103.. For the salaries of the justices of the probate and family court department of the trial court.......................... $6,823,471
0330-0104.. For the salaries of the justices of the land court department of the trial court.............................................. $941,374
0330-0105.. For the salaries of the justices of the Boston municipal court department of the trial court.......................... $4,016,127
0330-0106.. For the salaries of the justices of the housing court department of the trial court............................................ $1,342,434
0330-0107.. For the salaries of the justices of the juvenile court department of the trial court............................................ $5,452,834
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, rental of county court 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 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 other general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any such veteran, who holds a trial court office or position in the service of the commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed term or an office or position under section 7 of 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 changing lives through literature program; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that the report shall include, but not be limited to, the number of cases in which the assessment was reduced or waived by a judge or clerk-magistrate within the courts; and provided further, that the report shall be submitted to the victim and witness assistance board on or before January 12, 2009.............................. $135,665,342
0330-0317.. For the operation and expenses of the
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 $75,000 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 $60,000 shall be expended for Mediation Services of North Central Massachusetts, Inc.; provided further, that not less than $65,000 shall be expended for the North Shore Community Mediation Program in Salem; provided further, that not less than $65,000 shall be expended for Metropolitan Mediation Services operated by the Brookline Community Mental Health Center; 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 $65,000 shall be expended for Framingham Court Mediation Services; provided further, that not less than $60,000 shall be expended for the Cape Cod Dispute Resolution Center; provided further, that not less than $65,000 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 $65,000 shall be expended for the Middlesex Multi-door Court House Program; provided further, that not less than $40,000 shall be expended for the Martha’s Vineyard Mediation Program; provided further, that not less than $60,000 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................................... $962,768
0330-0441.. For permanency mediation services in the probate and juvenile courts......................................................... $540,000
The Governor has reduced the following item by $859,469
The Legislature overrode the Governor's veto.
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
0330-3333.. For the chief justice for administration and management;
provided, that the chief justice may expend an amount not to exceed $20,000,000
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 further, that any expenditures or allocations
shall be made in accordance with schedules submitted to the house and senate
committees on ways and means not later than 30 days before the expenditures or
allocations are made; provided further, that a schedule detailing the full
allotment of said $20,000,000 shall be submitted to the house and senate committees
on ways and means not later than
0330-3334.. For the chief justice for administration and management;
provided, that the chief justice may expend an amount not to exceed $23,000,000
from fees charged and collected pursuant to section 87A of chapter 276 of the
General Laws; 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 not later than 30 days before the expenditures or allocations
are made; provided further, that a schedule detailing the full allotment of
said $23,000,000 shall be submitted to the house and senate committees on ways
and means not later than
The Governor has reduced the following item by $2,768,854
The Legislature overrode the Governor's veto.
0330-3337.. For additional expenses associated with the operation of
the trial court; provided, that any expenditures or allocations shall be made
in accordance with schedules submitted to the house and senate committees on
ways and means not later than 30 days before the expenditures or allocations
are made.................................. $21,223,059
Superior Court Department.
0331-0100.. For the administrative office of the superior court department $6,474,623
0331-0300.. For medical malpractice tribunals established in accordance with the provisions of section 60B of chapter 231 of the General Laws $61,471
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... $808,271
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... $208,833
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... $889,852
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... $166,327
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. $1,500,416
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... $405,966
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. $1,510,814
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... $321,497
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. $3,349,474
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... $140,162
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. $1,229,585
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. $1,127,215
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 $3,081,929
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 $1,959,336
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. $1,109,510
District Court Department.
0332-0100.. For the administrative office of the district court department, including a civil conciliation program................... $951,104
0332-1100.. For the first district court of Barnstable............... $594,883
0332-1200.. For the second district court of Barnstable at Orleans .. $427,513
0332-1203.. For the third district court of Barnstable at Falmouth .. $427,125
0332-1300.. For the district court of northern Berkshire at Adams , North Adams and Williamstown............................................. $301,844
0332-1400.. For the district court of central Berkshire at Pittsfield $465,156
0332-1500.. For the district court of southern Berkshire at Great Barrington and Lee......................................................... $257,272
0332-1600.. For the first district court of Bristol at Taunton ...... $782,962
0332-1700.. For the second district court of Bristol at Fall River .. $971,218
0332-1800.. For the third district court of Bristol at New Bedford $1,048,919
0332-1900.. For the fourth district court of Bristol at Attleboro ... $647,070
0332-2000.. For the district court of Edgartown...................... $187,342
0332-2100.. For the first district court of Essex at Salem ........... $774,695
0332-2300.. For the third district court of Essex at Ipswich ......... $219,418
0332-2400.. For the central district court of northern Essex at Haverhill $659,311
0332-2500.. For the district court of eastern Essex at Gloucester .... $330,874
0332-2600.. For the district court of Lawrence ..................... $1,213,889
0332-2700.. For the district court of southern Essex at Lynn ......... $893,946
0332-2800.. For the district court of Newburyport .................... $544,895
0332-2900.. For the district court of Peabody ........................ $556,522
0332-3000.. For the district court of Greenfield ..................... $379,044
0332-3100.. For the district court of Orange ......................... $311,520
0332-3200.. For the district court of Chicopee ....................... $464,004
0332-3300.. For the district court of Holyoke ........................ $485,820
0332-3400.. For the district court of eastern Hampden at Palmer...... $334,248
0332-3500.. For the district court of Springfield .................. $1,891,379
0332-3600.. For the district court of western Hampden at Westfield ... $319,072
0332-3700.. For the district court of Hampshire at Northampton ....... $686,121
0332-3800.. For the district court of eastern Hampshire at Belchertown $183,590
0332-3900.. For the district court of Lowell ....................... $1,336,300
0332-4000.. For the district court of Somerville ................... $1,251,585
0332-4100.. For the district court of Newton ......................... $406,179
0332-4200.. For the district court of Marlborough .................... $538,054
0332-4300.. For the district court of Natick ......................... $464,004
0332-4400.. For the first district court of eastern Middlesex at Malden $636,796
0332-4500.. For the second district court of eastern Middlesex at Waltham $540,860
0332-4600.. For the third district court of eastern Middlesex at Cambridge ....................................................... $1,355,914
0332-4700.. For the fourth district court of eastern Middlesex at Woburn $748,334
0332-4800.. For the first district court of northern Middlesex at Ayer $408,513
0332-4900.. For the first district court of southern Middlesex at Framingham $857,991
0332-5000.. For the district court of central Middlesex at Concord .. $519,363
0332-5100.. For the district court of Nantucket ...................... $133,383
0332-5200.. For the district court of northern Norfolk at Dedham ..... $614,869
0332-5300.. For the district court of East Norfolk at Quincy ....... $1,735,462
0332-5400.. For the district court of western Norfolk at Wrentham.... $517,430
0332-5500.. For the district court of southern Norfolk at Stoughton $670,183
0332-5600.. For the municipal court of Brookline..................... $382,711
0332-5700.. For the district court of Brockton ..................... $1,234,736
0332-5800.. For the second district court of Plymouth at Hingham ..... $705,899
0332-5900.. For the third district court of Plymouth at Plymouth ..... $876,742
0332-6000.. For the fourth district court of Plymouth at Wareham ..... $739,036
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................................... $921,194
0332-6900.. For the central district court of Worcester............ $1,700,739
0332-7000.. For the district court of Fitchburg ...................... $556,835
0332-7100.. For the district court of Leominster ..................... $438,062
0332-7200.. For the district court of Winchendon..................... $152,764
0332-7300.. For the first district court of northern Worcester at Gardner $389,673
0332-7400.. For the first district court of eastern Worcester at Westborough $442,571
0332-7500.. For the second district court of eastern Worcester at Clinton $514,025
0332-7600.. For the district court of southern Worcester at Dudley ... $526,664
0332-7700.. For the second district court of southern Worcester at Uxbridge $350,664
0332-7800.. For the third district court of southern Worcester at Milford $335,314
0332-7900.. For the district court of western Worcester at East Brookfield $350,435
Probate and Family Court Department .
0333-0002.. For the administrative office of the probate and family court department....................................................... $1,358,615
0333-0100.. For the Barnstable probate court....................... $1,019,699
0333-0150.. For the operation of a child and parents program in the Barnstable probate court............................................. $82,582
0333-0200.. For the Berkshire probate court.......................... $535,524
0333-0300.. For the Bristol probate court.......................... $1,682,652
0333-0400.. For the Dukes probate court.............................. $127,077
0333-0500.. For the Essex probate court............................ $1,356,009
0333-0600.. For the Franklin probate court........................... $539,848
0333-0700.. For the Hampden probate court.......................... $2,840,355
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............................ $41,292
0333-0800.. For the Hampshire probate court.......................... $670,284
0333-0900.. For the Middlesex probate court........................ $3,508,883
0333-0911.. For the Middlesex probate court family services clinic... $201,286
0333-0913.. For the Middlesex community access program of community outreach and education; provided, that the program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that the program shall be administered by the register of probate of Middlesex county.............. $199,164
0333-1000.. For the Nantucket probate court.......................... $182,395
0333-1100.. For the Norfolk probate court.......................... $1,574,249
0333-1111.. For the Norfolk probate court family services clinic..... $145,200
0333-1200.. For the Plymouth probate court......................... $1,411,954
0333-1300.. For the Suffolk probate court.......................... $2,327,106
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................ $259,708
0333-1400.. For the Worcester probate court........................ $1,770,581
0333-1411.. For the Worcester probate court family services clinic... $196,716
Land Court Department.
0334-0001.. For the operation of the land court.................... $2,479,415
Boston Municipal Court Department.
0335-0001.. For the central division of the Boston municipal court department including the administrative costs of said court department $3,308,288
0335-0100.. For the Brighton division of the Boston municipal court department......................................................... $338,730
0335-0200.. For the Charlestown division of the Boston municipal court department......................................................... $241,626
0335-0300.. For the Dorchester division of the Boston municipal court department....................................................... $1,193,837
0335-0400.. For the East Boston division of the Boston municipal court department......................................................... $605,214
0335-0500.. For the Roxbury division of the Boston municipal court department....................................................... $1,159,830
0335-0600.. For the South Boston division of the Boston municipal court department......................................................... $423,149
0335-0700.. For the West Roxbury division of the Boston municipal court department......................................................... $761,326
Housing Court Department .
0336-0002.. For the administrative office of the housing court department $107,178
0336-0100.. For the Boston housing court............................. $969,476
0336-0200.. For the western division of the housing court............ $718,895
0336-0300.. For the Worcester county housing court................... $721,866
0336-0400.. For the southeastern division of the housing court..... $1,262,163
0336-0500.. For the northeastern division of the housing court....... $676,227
Juvenile Court Department .
0337-0002.. For the administrative office of the juvenile court department $929,438
0337-0100.. For the Suffolk county juvenile courts................. $1,297,986
0337-0200.. For the Bristol juvenile court......................... $1,296,549
0337-0300 . For the Hampden county juvenile courts; provided, that
$145,841 shall be expended for the
0337-0400.. For the Worcester county juvenile courts; provided, that
$72,920 shall be expended for the
0337-0500.. For the Barnstable county juvenile court, including the Barnstable county juvenile court located in the town of Plymouth.... $765,787
0337-0600.. For the Essex county juvenile courts; provided, that
$100,000 shall be expended for the
0337-0700.. For the Hampshire and Franklin counties juvenile courts;
provided, that $77,478 shall be expended for the Franklin/Hampshire
0337-0800.. For the Plymouth county juvenile courts; provided, that
$72,920 shall be expended for the
0337-0900.. For the Berkshire county juvenile courts; provided, that
$54,690 shall be expended for a Berkshire
0337-1000.. For the Middlesex county juvenile courts............... $1,241,649
0337-1100.. For the Norfolk county juvenile courts................... $952,028
Office of the Commissioner of Probation.
The Governor has reduced the following item by $7,630,158
The Legislature overrode the Governor's veto.
0339-1001.. For the office of the commissioner of probation; provided,
that notwithstanding 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 not
less than $2,771,000 shall be expended for costs associated with full
implementation of chapters 303 and 418 of the acts of 2006 to ensure effective
supervision of probationers who are monitored through global positioning system
bracelets; provided further, that not less than $100,000 shall be expended for
the central Massachusetts probation training academy in the town of Clinton for
the purpose of maintaining current staffing levels or providing additional
staff at the discretion of the commission; provided further, that no funds
shall be expended from this line item to cover the costs of building leases;
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 department’s
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........................ $142,372,102
The Governor has reduced the following item by $1,656,417
The Legislature overrode the Governor's veto.
0339-1003.. For the operation of the trial court office of community
corrections, including the costs of personnel; provided, that no funds shall be
expended from this item to cover the costs of building leases $7,776,254
The Governor has reduced the following item by $206,045
The Legislature overrode the Governor's veto.
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 such programs in Barnstable,
Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex,
Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year
2009; 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 such programs, including the contracting for detention
space for probationers arrested for violating probation and awaiting court
action and detention space for probationers who have been ordered by the trial
court to be supervised at a higher level of restraint; provided further, that
such agreements and memoranda shall be entered into at the direction of the
executive director; provided further, that the executive director shall submit
a spending and management plan for the programs to the house and senate
committees on ways and means not later than
Office of the Jury Commissioner.
0339-2100.. For the office of the jury commissioner in accordance with chapter 234A of the General Laws.................................... $2,702,029
Suffolk District Attorney.
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
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 executive
director of the Massachusetts district attorneys’ association no later than February
2, 2009, summarizing the number and types of criminal cases managed or
prosecuted by the office in calendar year 2008 and the disposition or status
thereof, which shall be delineated by each jurisdiction of the district,
juvenile, probate, superior, appeals, and supreme judicial court in which the
cases were managed or prosecuted; provided further, that for each jurisdiction
of said courts, the report shall include, but not be limited to, the following:
(a) the type of criminal case; (b) the total number of defendants charged under
the type of case; and (c) summary of dispositions or statuses thereof; provided
further, that the office shall submit a report to the house and senate
committees on ways and means no later than February 2, 2009, detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program; provided further, that the report shall include, but not be
limited to, the following: (a) the total number of personnel from private law
firms participating in the program; (b) the name and address of the law firms;
(c) the duties performed by the personnel; and (d) the benefits and cost
savings associated with the program provided further, that 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 the
office shall submit a report to the executive director of the Massachusetts
district attorneys’ association no later than February 2, 2009, detailing the
office’s use of drug forfeiture funds collected pursuant to chapter 94C of the
General Laws; provided further, that the report shall include, but not be
limited to, the following: (a) the amount of the funds deposited into the
office’s special law enforcement trust fund in fiscal years 2006, 2007 and
2008; (b) a description of how the funds were used in those fiscal years; and
(c) the balance of the trust fund as of January 1, 2009; provided further, that
no assistant district attorney shall be paid an annual salary of less than
$37,500; provided further, that not more than $100,000 shall be expended for
additional support of the Gun Prosecution Task Force, also known as the Gun
Court; provided further, that not more than $150,000 shall be expended for
support of a second Grand Jury for Suffolk County to investigate unsolved
homicides, otherwise known as the Special Homicide Grand Jury; provided
further, that not more than $230,000 shall be expended for the cost of rent
increases and property tax pass through increases at One Bulfinch Place; and
provided further, that at least 30 days before transferring any funds
authorized in this item from the AA object class, the district attorney shall
notify the house and senate committees on ways and means of its intention to
make that transfer ........................................ $16,593,097
0340-0101.. For the overtime costs of state police officers assigned to the Suffolk district attorney’s office............................... $384,537
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 executive director of the Massachusetts district attorneys’ association no later than February 2 , 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............. $14,245,849
0340-0201.. For the overtime costs of state police officers assigned to the Middlesex district attorney’s office .................... $560,558
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Eastern District Attorney.
The Governor has reduced the following item by $42,900
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8)
for appeals taken by the office shall be paid from this item; provided further,
that the office shall submit a report to the executive director of the
Massachusetts district attorneys’ association no later than February 2, 2009,
detailing the office’s use of drug forfeiture funds collected pursuant to
chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) the amount of the funds
deposited into the office’s special law enforcement trust fund in fiscal years
2006, 2007 and 2008; (b) a description of how the funds were used in those
fiscal years; and (c) the balance of the trust fund as of January 1, 2009;
provided further, that no assistant district attorney shall be paid an annual
salary of less than $37,500; provided further, that at least 30 days before
transferring any funds authorized in this item from the AA object class, the
district attorney shall notify the house and senate committees on ways and
means of its intention to make that transfer; provided further, that the office
shall submit a report to the house and senate committees on ways and means no
later than February 2, 2009, detailing the total number and use of private
attorneys participating in any volunteer prosecutor program; and provided
further, that the report shall include, but not be limited to, the following:
(a) the total number of personnel from private law firms participating in the
program; (b) the name and address of the law firms; (c) the duties performed by
the personnel; and (d) the benefits and cost savings associated with the
program ................... $8,751,724
0340-0301.. For the overtime costs of state police officers assigned to the Eastern district attorney’s office .............................. $547,389
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Worcester District Attorney.
The Governor has reduced the following item by $45,125
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that $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 executive director of the Massachusetts
district attorneys’ association no later than February 2, 2009, detailing the
office’s use of drug forfeiture funds collected pursuant to chapter 94C of the
General Laws; provided further, that the report shall include, but not be
limited to, the following: (a) the amount of the funds deposited into the
office’s special law enforcement trust fund in fiscal years 2006, 2007 and
2008; (b) a description of how the funds were used in those fiscal years; and
(c) the balance of the trust fund as of January 1, 2009; provided further, that
the office shall submit a report to the house and senate committees on ways and
means no later than February 2, 2009, detailing the total number and use of
private attorneys participating in any volunteer prosecutor program; provided
further, that the report shall include, but not be limited to, the following:
(a) the total number of personnel from private law firms participating in the
program; (b) the name and address of the law firms; (c) the duties performed by
the personnel; and (d) the benefits and cost savings associated with the
program; provided further, that no assistant district attorney shall be paid an
annual salary of less than $37,500; provided further, that not more than
$45,000 shall be expended for the Victim Survivor Care Program at Ann Maria
College; and provided further, that at least 30 days before transferring any
funds authorized in this item from the AA object class, the district attorney
shall notify the house and senate committees on ways and means of its intention
to make that transfer ......................................... $9,250,428
0340-0401.. For the overtime costs of state police officers assigned to the Worcester district attorney’s office .................... $448,786
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
0340-0410.. For the analysis of narcotic drug synthetic substitutes, poisons, drugs, medicines and chemicals at the University of Massachusetts Medical School in order to support the law enforcement efforts of the district attorneys, the state police and municipal police departments $450,000
Hampden District Attorney.
The Governor has reduced the following item by $40,828
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the executive director of the
Massachusetts district attorneys’ association no later than February 2, 2009,
detailing the office’s use of drug forfeiture funds collected pursuant to
chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) the amount of the funds
deposited into the office’s special law enforcement trust fund in fiscal years
2006, 2007 and 2008; (b) a description of how the funds were used in those
fiscal years; and (c) the balance of the trust fund as of January 1, 2009;
provided further, that the office shall submit a report to the house and senate
committees on ways and means no later than February 2, 2009, detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program; provided further, that the report shall include, but not be
limited to, the following: (a) the total number of personnel from private law
firms participating in the program; (b) the name and address of the law firms;
(c) the duties performed by the personnel; and (d) the benefits and cost
savings associated with the program; provided further, that no assistant
district attorney shall be paid an annual salary of less than $37,500; and
provided further, that at least 30 days before transferring any funds
authorized in this item from the AA object class, the district attorney shall
notify the house and senate committees on ways and means of its intention to
make that transfer ................ $8,328,979
0340-0501.. For the overtime costs of state police officers assigned to the Hampden district attorney’s office .............................. $359,681
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Hampshire/Franklin District Attorney
The Governor has reduced the following item by $25,421
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts
district attorneys’ association no later than February 2, 2009, summarizing the
number and types of criminal cases managed or prosecuted by the office in
calendar year 2008 and the disposition or status thereof, which shall be
delineated by each jurisdiction of the district, juvenile, probate, superior,
appeals, and supreme judicial court in which the cases were managed or
prosecuted; provided further, that for each jurisdiction of said courts, the
report shall include, but not be limited to, the following: (a) the type of
criminal case; (b) the total number of defendants charged under the type of
case; and (c) summary of dispositions or statuses thereof; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
executive director of the Massachusetts district attorneys’ association no
later than February 2, 2009, detailing the office’s use of drug forfeiture funds
collected pursuant to chapter 94C of the General Laws; provided further, that
the report shall include, but not be limited to, the following: (a) the amount
of the funds deposited into the office’s special law enforcement trust fund in
fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used
in said fiscal years; and (c) the balance of the trust fund as of January 1,
2009; provided further, that the office shall submit a report to the house and
senate committees on ways and means no later than February 2, 2009, detailing
the total number and use of private attorneys participating in any volunteer
prosecutor program; provided further, that the report shall include, but not be
limited to, the following: (a) the total number of personnel from private law
firms participating in the program; (b) the name and address of the law firms;
(c) the duties performed by the personnel; and (d) the benefits and cost
savings associated with the program; provided further, that no assistant
district attorney shall be paid an annual salary of less than $37,500; 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 at least
30 days before transferring any funds authorized in this item from the AA
object class, the district attorney shall notify the house and senate
committees on ways and means of its intention to make that transfer ....................... $5,185,922
0340-0601.. For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney’s office............ $319,357
Norfolk District Attorney.
The Governor has reduced the following item by $41,810
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the executive director of the
Massachusetts district attorneys’ association no later than February 2, 2009,
detailing the office’s use of drug forfeiture funds collected pursuant to
chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) the amount of the funds
deposited into the office’s special law enforcement trust fund in fiscal years
2006, 2007 and 2008; (b) a description of how the funds were used in those
fiscal years; and (c) the balance of the trust fund as of January 1, 2009;
provided further, that the office shall submit a report to the house and senate
committees on ways and means no later than February 2, 2009, detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program; provided further, that the report shall include, but not be
limited to, the following: (a) the total number of personnel from private law
firms participating in the program; (b) the name and address of the law firms;
(c) the duties performed by the personnel; and (d) the benefits and cost
savings associated with the program; provided further, that no assistant
district attorney shall be paid an annual salary of less than $37,500; and
provided further, that at least 30 days before transferring any funds
authorized in this item from the AA object class, the district attorney shall
notify the house and senate committees on ways and means of its intention to make that transfer ............... $8,529,225
0340-0701.. For the overtime costs of state police officers assigned to the Norfolk district attorney’s office .............................. $463,770
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Plymouth District Attorney.
The Governor has reduced the following item by $100,000
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the executive director of the
Massachusetts district attorneys’ association no later than February 2, 2009,
detailing the office’s use of drug forfeiture funds collected pursuant to
chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) the amount of the funds
deposited into the office’s special law enforcement trust fund in fiscal years
2006, 2007 and 2008; (b) a description of how the funds were used in those
fiscal years; and (c) the balance of the trust fund as of January 1, 2009;
provided further, that the office shall submit a report to the house and senate
committees on ways and means no later than February 2, 2009, detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program; provided further, that the report shall include, but not be
limited to, the following: (a) the total number of personnel from private law
firms participating in the program; (b) the name and address of the law firms;
(c) the duties performed by the personnel; and (d) the benefits and cost
savings associated with the program; provided further, that no assistant
district attorney shall be paid an annual salary of less than $37,500; and
provided further, that at least 30 days before transferring any funds
authorized in this item from the AA object class, the district attorney shall
notify the house and senate committees on ways and means of its intention to
make that transfer ................ $7,399,913
0340-0801.. For the overtime costs of state police officers assigned to the Plymouth district attorney’s office .............................. $466,522
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Bristol District Attorney.
The Governor has reduced the following item by $165,000
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the house and senate
committees on ways and means no later than February 2, 2009, detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program; provided further, that the report shall include, but not be
limited to, the following: (a) the total number of personnel from private law
firms participating in the program; (b) the name and address of the law firms;
(c) the duties performed by the personnel; and (d) the benefits and cost
savings associated with the program; provided further, that the office shall
submit a report to the executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, detailing the office’s
use of drug forfeiture funds collected pursuant to chapter 94C of the General
Laws; provided further, that the report shall include, but not be limited to,
the following: (a) the amount of the funds deposited into the office’s special
law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a
description of how the funds were used in those fiscal years; and (c) the
balance of the trust fund as of January 1, 2009; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$37,500; provided further, that at least 30 days before transferring any funds
authorized in this item from the AA object class, the district attorney shall
notify the house and senate committees on ways and means of its intention to
make that transfer; and provided further, that not less than $150,000 shall be
expended for the Katie Brown domestic violence prevention program for the
provision of classroom-based educational programs in schools within Bristol
county to be administered by the Bristol county district attorney, to prevent
relationship violence............. $7,701,237
0340-0901.. For the overtime costs of state police officers assigned to the Bristol district attorney’s office............................... $354,165
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Cape and Islands District Attorney.
The Governor has reduced the following item by $18,447
The Legislature overrode the Governor's veto.
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 further,
that 2 prosecutors and administrative support shall be provided to the Cape Cod
offender management task force; provided that, $125,000 shall be expended to
support the sex offender management unit; provided further, that not more than
$20,000 shall be expended for the Cape and Islands Child Advocacy Center at
Children’s Cove in Hyannis; provided further, that the office shall submit
reports to the executive director of the Massachusetts district attorneys’
association no later than February 2, 2009, summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2008 and
the disposition or status thereof, which shall be delineated by each jurisdiction
of the district, juvenile, probate, superior, appeals, and supreme judicial
court in which the cases were managed or prosecuted; provided further, that for
each jurisdiction of said courts, the report shall include, but not be limited
to, the following: (a) the type of criminal case; (b) the total number of
defendants charged under the type of case; and (c) summary of dispositions or
statuses thereof; provided further, that 50 per cent of fees payable pursuant
to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means no later than February 2, 2009, detailing the total number and use of
private attorneys participating in any volunteer prosecutor program; provided
further, that the report shall include, but not be limited to, the following:
(a) the total number of personnel from private law firms participating in the
program; (b) the name and address of the law firms; (c) the duties performed by
the personnel; and (d) the benefits and cost savings associated with the
program; provided further, that the office shall submit a report to the
executive director of the Massachusetts’ district attorneys’ association no
later than February 2, 2009, detailing the office’s use of drug forfeiture
funds collected pursuant to chapter 94C of the General Laws; provided further,
that the report shall include, but not be limited to, the following: (a) the
amount of the funds deposited into the office’s special law enforcement trust
fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds
were used in those fiscal years; and (c) the balance of the trust fund as of
January 1, 2009; provided further, that no assistant district attorney shall be
paid an annual salary of less than $37,500; and provided further, that at least
30 days before transferring any funds authorized in this item from the AA
object class, the district attorney shall notify the house and senate
committees on ways and means of its intention to make that transfer ................ $3,763,148
0340-1001.. For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office....................... $302,521
General Fund.......................... 11.80%
Highway Fund.......................... 88.20%
Berkshire District Attorney.
The Governor has reduced the following item by $17,968
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district
attorneys’ association no later than February 2, 2009, summarizing the number
and types of criminal cases managed or prosecuted by the office in calendar
year 2008 and the disposition or status thereof, which shall be delineated by
each jurisdiction of the district, juvenile, probate, superior, appeals, and
supreme judicial court in which the cases were managed or prosecuted; provided
further, that for each jurisdiction of said courts, the report shall include,
but not be limited to, the following: (a) the type of criminal case; (b) the
total number of defendants charged under the type of case; and (c) summary of
dispositions or statuses thereof; provided further, that $150,000 shall be
expended for the operation and management of the Berkshire County Drug Task
Force; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the executive director of the Massachusetts
district attorneys’ association no later than February 2, 2009, detailing the
office’s use of drug forfeiture funds collected pursuant to chapter 94C of the
General Laws; provided further, that the report shall include, but not be
limited to, the following: (a) the amount of the funds deposited into the
office’s special law enforcement trust fund in fiscal years 2006, 2007 and
2008; (b) a description of how the funds were used in those fiscal years; and
(c) the balance of the trust fund as of January 1, 2009; provided further, that
the office shall submit a report to the house and senate committees on ways and
means no later than February 2, 2009, detailing the total number and use of
private attorneys participating in any volunteer prosecutor program; provided
further, that the report shall include, but not be limited to, the following:
(a) the total number of personnel from private law firms participating in the
program; (b) the name and address of the law firms; (c) the duties performed by
the personnel; and (d) the benefits and cost savings associated with the
program; provided further, that no assistant district attorney shall be paid an
annual salary of less than $37,500; and provided further, that at least 30 days
before transferring any funds authorized in this item from the AA object class,
the district attorney shall notify the house and senate committees on ways and
means of its intention to make that transfer ................ $3,665,579 $3,647,611
0340-1101.. For the overtime costs of state police officers assigned to the Berkshire district attorney’s office .................... $233,484
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 2009 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 the department shall work in conjunction with the disabled persons protection commission and the 11 district attorneys offices to prepare a report that shall include, but not be limited to, the following: (a) the number of abuse cases that are referred to each said district attorney’s office for further investigation; (b) the number of said referrals resulting in the filing of criminal charges, delineated by type of charge; (c) the number of cases referred to each said district attorneys office that remain open as of the date for submission of said report; and (d) the number of cases resulting a criminal prosecution, and the disposition of each such prosecution; provided further, that said report shall be submitted to the house and senate committees on ways and means on or before March 15, 2009; 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 no later than January 30, 2009; 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 2009 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; provided further, that the association shall submit a report to the house and senate committees on ways and means no later than January 31, 2009, detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2008, and the amount of each source of revenue; provided further, that the association shall work in conjunction with the 11 district attorney offices to prepare and submit a report to the house and senate committees on ways and means no later than March 1, 2009, summarizing the number and types of criminal cases managed or prosecuted by all district attorney offices in the calendar year 2008 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that the association shall work in conjunction with the 11 district attorney offices to prepare and submit a report to the house and senate committees on ways and means no later than March 1, 2009, detailing all district attorney offices’ use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; and provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007, and 2008; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2009 ............................ $2,014,832
0340-2117.. For the retention of assistant district attorneys with more
than 3 years of experience; provided, that the Massachusetts District Attorneys
Association shall transfer funds to the AA object class in each of the 11
district attorney offices in the commonwealth; provided further, that the
association shall develop a formula for distribution of the funds; provided
further, that funds distributed from this item to the district attorneys’
offices shall be used for retention purposes and shall not be transferred out
of the AA object class; provided further, that not more than $100,000 shall be
distributed to any 1 district attorney’s office; provided further, that the
association shall submit a report to the house and senate committees on ways
and means not later than
0340-8908.. For the costs associated with maintaining the Massachusetts District Attorneys Association’s wide area network.............. $1,362,600
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 funds may be expended for the governor’s commission on mental retardation; and provided further, that the advisory council on Alzheimer diseases 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 2009 ................ $5,564,771
0411-1001.. For the operation of the development coordinating council $246,720
0411-1002.. For a contract with the Massachusetts Service Alliance to operate the commonwealth corps program ............................ $3,000,000
0411-1003.. For costs associated with maintaining and enhancing the commonwealth’s Washington, DC office for the purpose of better coordinating all activities and programs that receive or may potentially receive federal funds or are regulated by federal agencies............... $453,292
0411-1005.. For the operation of the office of the child advocate.... $300,000
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 and
compensation rates and lengths of service for each employee; provided further,
that the office shall submit the report not later than
0511-0001.. The secretary of state may expend revenues not to exceed
$30,000 from the sale of merchandise at the
0511-0108.. For the secretary of state, acting on behalf of the commonwealth; provided, that the secretary 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 further, that the secretary may retain and expend revenues collected from the sales, licensure or user agreements in an amount not to exceed $50,000 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 secretary of state may accept credit and debit cards from individuals and corporations filing documents with the department............................. $50,000
0511-0200.. For the operation of the state archives division......... $550,353
0511-0230.. For the operation of the records center.................. $154,311
0511-0250.. For the operation of the archives facility............... $481,881
0511-0260.. For the operation of the commonwealth museum............. $959,755
0511-0270.. For the secretary of state who may contract with the
University
of
Massachusetts Donahue
Institute
to provide the commonwealth with technical assistance on
0511-0420.. For the operation of the address confidentiality program. $163,269
0517-0000.. For the printing of public documents..................... $909,008
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; provided further, that the secretary shall submit
a report to the house and senate committees on ways and means not later than
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
0524-0000.. For providing information to voters.................... $1,932,807
0526-0100.. For the operation of the
0527-0100.. For the operation of the ballot law commission............ $12,380
0528-0100.. For the operation of the records conservation board....... $39,459
0540-0900.. For the registry of deeds located in Lawrence in the former county of Essex .................................................. $1,312,644
0540-1000.. For the registry of deeds located in Salem in the former county of Essex ....................................................... $3,488,372
0540-1100.. For the registry of deeds in the former county of Franklin $579,706
0540-1200.. For the registry of deeds in the former county of Hampden $2,173,462
0540-1300.. For the registry of deeds in the former county of Hampshire $608,265
0540-1400.. For the registry of deeds located in Lowell in the former county of Middlesex .............................................. $1,436,869
0540-1500.. For the registry of deeds located in Cambridge in the former county of Middlesex .............................................. $3,719,768
0540-1600.. For the registry of deeds located in Adams in the former county of Berkshire ................................................ $331,237
0540-1700.. For the registry of deeds located in Pittsfield in the former county of Berkshire ................................................ $563,922
0540-1800.. For the registry of deeds located in Great Barrington in the former county of Berkshire ...................................... $278,861
0540-1900.. For the registry of deeds in the former county of Suffolk $2,319,509
0540-2000.. For the registry of deeds located in Fitchburg in the former county of Worcester ................................................ $863,722
0540-2100.. For the registry of deeds located in the city of Worcester in the former county of Worcester .................................... $2,788,908
TREASURER
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 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
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 1 chief investigator and other investigators for the purpose of regulating and controlling the traffic of alcoholic beverages; provided further, that said commission shall work and cooperate with the Alcohol, Tobacco, and Firearms division of the United States Department of Justice and other relevant federal agencies to assist in its efforts to regulate and control the traffic of alcoholic beverages; and provided further, that 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.............................................. $2,138,720
0610-0060.. For the costs associated with the investigation and
enforcement division of the alcoholic beverages control commission’s
implementation of the enhanced liquor enforcement programs, known as Safe
Campus, Safe Holidays, Safe Prom, and Safe Summer; provided, that funds from
this appropriation shall not support other operating costs of item 0610-0050;
and provided further, that said commission shall submit a report to the house
and senate committees on ways and means not later than
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............................................... $25,000
0610-2000.. For payments made to veterans pursuant to section 16 of
chapter 130 of the acts of 2005; provided, that the office of the state
treasurer may expend not more than $150,000 for costs incurred in the
administration of these payments; and provided further, that funds available in
fiscal year 2008 shall be available for expenditure until
0611-1000.. For bonus payments to war veterans........................ $50,000
0611-1010.. For the cost of life insurance premiums for National Guard members pursuant to section 88B of chapter 33 of the General Laws $1,700,000
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.......................................... $30,300,000
The Governor has reduced the following item by $607,500
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....................................................... $2,200,000 $1,592,500
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; provided that the Treasurer’s office shall provide immediate written notification to the secretary of administration and finance and the house and senate committees on ways and means upon the expenditure of the funds appropriated herein............................ $200,000
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 the commission shall review potential initiatives to increase lottery revenues including, but not limited to: (a) the viability of implementing a lottery bond program in the Commonwealth; and (b) an estimate of possible revenues associated with increased price points regarding instant tickets; provided further, that the results of said review shall be reported to the secretary of administration and finance and the chairs of the house and senate committees on ways and means no later than December 1, 2008 ; provided further, that the state lottery commission shall perform a study of programs to ensure responsible gaming habits for consumers; provided further, that the commission shall provide results of the study to the chairpersons of the house and senate ways and means committees not later than December 31, 2008 ; 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 $81,152,622
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 monitor games; provided, that any sums expended on promotional activities shall be limited to point-of-sale promotions and agent newsletters; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery fund to the General Fund........................................... $4,175,484
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 the lottery commission may continue to develop regional environmental awareness events to limit the number of discarded instant tickets that become litter; provided further, that not later than November 15, 2008 , the treasurer shall submit a report to the secretary of administration and finance and the chairpersons of the house and senate ways and means committees on the anti-litter program and its effectiveness since it was developed; 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.......................... $75,000
The Governor has reduced the following item by $11,066
0640-0096.. For the purpose of the commonwealth’s fiscal year 2009
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,
$367,011 $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; provided further, that a grant made under this program shall not exceed $100,000; 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; provided further, that the Local Cultural Council Grant Program provide for a minimum grant of $4,000 per municipality; and provided further, that not less than $350,000 shall be expended to continue the Cultural Tourism Initiative under the Massachusetts Cultural Council, which shall provide matching funds for marketing programs created through regional or local partnerships between tourism professional and nonprofit cultural organizations through 4 pilot programs to be created in 4 different regions of the state ................................. $12,658,827
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, 2009, 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, 2009; 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 funds.................... $1,806,346,000
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......... $102,161,000
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 and for the payment to the United States pursuant to section 148 of the Internal Revenue Code of 1986 of any rebate amount or yield reduction payment owed with respect to any bonds or notes or other obligations of the commonwealth; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of costs among the various funds of the commonwealth; provided further, that the comptroller shall charge costs to the funds in accordance with the schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June 30, 2009 shall be charged to the various funds or to the General Fund or Highway Fund debt service reserves ................................ $28,728,000
0699-9101.. For the purpose of depositing with the trustee under the trust agreement authorized in section 10 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............ $45,664,000
Department of Veterans’ Services.
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 the department may expend funds for the Glory 54th Brigade; provided further, that not less than $25,000 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 memorial located in the Charlestown navy yard; provided further, that not less than $100,000 shall be expended for the World War II Memorial at Bell Rock Memorial Park in Malden; provided further, that not less than $25,000 shall be provided for reimbursing reasonable expenses incurred in carrying out the responsibilities of the special commission relative to the hidden wounds of war on Massachusetts service members established by chapter 1 of the resolves of 2008; provided further, that the secretary of veterans’ affairs shall submit a report to the joint committee on veterans’ and federal affairs and the house and senate committees on ways and means not later than December 31, 2008 , on the secretariat’s implementation of and the outreach efforts of the “welcome home bill”; and provided further, that the report shall include the participation rates for service, hindrances to enrollment for the program, and recommendations, including any necessary statutory or other changes to increase the number of service men and women who apply for such service........................................... $2,338,552
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 these centers shall also provide services to veterans who were discharged after September 11, 2001, and their families; provided further, that not less than $367,422 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, not less than $228,771 shall be expended for the Veterans Benefits Clearing House in the Roxbury section of Boston; provided further, that not less than $200,000 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield; provided further, that not less than $200,000 may be expended for outreach and counseling to newly-returned Massachusetts veterans in support of Operation Iraqi Freedom and Operation Enduring Freedom; provided further, that not less than $150,000 shall be expended for the Worcester Veterans Outreach Center; provided further, that not less than $150,000 shall be expended for the Nathan Hale Foundation of Plymouth to assist veterans with transportation; provided further, that not less than $131,500 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 $106,102 shall be expended for the North Shore Veterans Counseling Center; provided further, that not less than $100,000 shall be expended for veteran’s services to be administered by the Cape Community Health Center of Cape Cod; provided further, that not less than $100,000 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not less than $100,000 be obligated for the Boston metropolitan area for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc.; provided further, that not less than $100,000 shall be expended to United Veterans of America for the purpose of providing services to homeless veterans in Berkshire County; provided further, that not less than $100,000 shall be expended for the Veterans Association of Bristol County in Fall River; 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 $70,000 shall be expended for the Mason Square Veterans Outreach Center in the city of Springfield; provided further, that not less than $50,000 shall be expended for the Middleborough Veteran Outreach Center; provided further, that not less than $50,000 shall be expended for the 54th Massachusetts Volunteers and the Colored Ladies; and provided further, that not less than $30,000 shall be expended for the oral history project at the Morse Institute Library in Natick...................................... $2,389,748
1410-0015.. For the women veterans’ outreach program.................. $50,000
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 $652,395 shall be obligated for a contract with the Southeastern Massachusetts Veterans Housing Program, Inc., in the city of New Bedford; provided further, that not less than $625,105 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 $405,500 shall be obligated for contracts with the Veteran Homestead in the city of Leominster and the Veteran Homestead in the town of Fitchburg; provided further, that not less than $220,000 shall be obligated for a contract with the United Veterans of America shelter in the town of Leeds; 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 $190,000 shall be expended for a contract with Habitat P.L.U.S. in the city of Lynn; provided further, that not less than $100,350 shall be expended for the Veterans Benefits Clearing House in the Dorchester section of Boston; provided further, that not less than $80,000 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill for homelessness services; provided further, that not less than $75,000 shall be expended for a contract with the Springfield Bilingual Veterans Outreach Center for the operation and maintenance of a homeless veterans transition house located in the city of Springfield; provided further, that not less than $73,350 shall be expended under contract for the Veterans Benefits Clearing House in the Roxbury section of Boston; 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 homeless veterans transitional housing units at the YMCA of Springfield; provided further, that not less than $42,000 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $37,350 shall be obligated for a contract with the Homestead in the town of Hyannis; and provided further, that not less than $25,000 shall be expended for transitional services at Our Neighbor’s Table in Amesbury $2,827,430
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.......................... $2,278,466
1410-0300.. For the payment of annuities to certain disabled veterans and the parents and un-remarried spouses of certain deceased veterans; provided, that the payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall take reasonable steps to terminate payments upon the death of a recipient; provided further, that the department shall prorate annuity payments to ensure that the total payments in fiscal year 2009 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............................................... $18,524,424
1410-0400.. 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 veterans’ services shall continue a training program for veterans’ agents and directors of veterans’ services in cities and towns; provided further, that the department of veterans’ services shall provide such training in several locations across the commonwealth including, but not limited to, providing training programs at the Massachusetts Veterans’ Service Officers Association statewide training conferences; 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...................................................... $20,904,223
1410-0630.. For the administration of the veterans’ cemeteries in the towns of Agawam and Winchendon.................................... $912,670
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............ $16,317,826
0710-0100.. For the operation of the division of local mandates...... $650,162
0710-0200.. For the operation of the bureau of special investigations; provided, that the office shall file quarterly reports with the house and senate committees on ways and means detailing the total amount of fraudulently obtained benefits identified by the bureau of special investigations of the office of the state auditor, the total value of settlement restitution payments, actual monthly collections, and any circumstances that produce shortfalls in collections................. $1,928,775
0710-0225.. For the operation of the Medicaid Audit Unit within the Division of Audit Operations in an effort to prevent and to identify fraud and abuse in the MassHealth system; provided, that the federal reimbursement for any expenditure from this line item shall not be less than 50 per cent; and provided further, that the division shall submit a report no later than December 1, 2008 to the house and senate committee ways and means detailing all findings on activities and payments made through the MassHealth system........................................ $859,745
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 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; provided further, that not more than $250,000 shall be expended for a safe neighborhood initiative in the Grove Hall area of Boston; 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 no less than $200,000 be expended for the Dorchester Youth Collaborative Safe City Initiative; 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; and provided further, that $50,000 shall be expended for the Trauma Intervention Program of Merrimack Valley....... $27,410,277
0810-0004.. For compensation to victims of violent crimes; provided, that notwithstanding chapter 258C of the General Laws, if a claimant is 60 years of age or older at the time of the crime and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with said chapter 258C 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 any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section 5 of chapter 258B of the General Laws........................................... $2,188,340
0810-0007.. 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.............. $541,201
Highway Fund.......................... 88.20%
General Fund.......................... 11.80%
0810-0013.. The office of the attorney general may expend for a false claims program an amount not to exceed $650,000 from revenues collected from enforcement of the false claims act; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................. $650,000
0810-0014.. For the operation of the department of public utilities proceedings unit within the office of attorney general, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or special law to the contrary, the amount assessed under said section 11E of said chapter 12 of the General Laws, shall equal 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 ...... $2,355,145
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 ................................... $3,067,021
0810-0045.. For the labor law enforcement program pursuant to 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 ...................... $3,576,934
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; provided further, that not less than $250,000 shall be expended for costs associated with health insurance rate hearings; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for the costs shall be equal to the amount expended from this item.............................................. $1,664,942
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 $438,506........................... $438,506
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 $284,456; provided further, that the attorney general shall investigate and prosecute, when 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.................................. $284,456
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 16, 2009 ..................... $610,100
0840-0101.. For the salaries and administration of the SAFEPLAN advocacy program, to be administered by the Massachusetts office of victim assistance; provided, that the office shall submit to the house and senate committees on ways and means, not later than February 3, 2009 , a report detailing the effectiveness of contracting for the program including, but not limited to, the number and type of incidents to which the advocates responded, the type of services and service referrals provided by the domestic violence advocates, the cost of providing such services and the extent of coordination with other service providers and state agencies................................................. $789,788
STATE ETHICS COMMISSION.
0900-0100.. For the operation of the state ethics commission....... $1,782,433
OFFICE OF THE INSPECTOR GENERAL.
0910-0200.. For the operation of the office of the inspector general $2,721,715
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
0920-0300.. For the operation of the office of campaign and political finance ....................................................... $1,285,141
MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION.
0940-0100.. 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, 2005 ; provided, that on or before November 3, 2008 , the commission shall submit to the house and senate committees on ways and means a report on the total number of all currently pending cases and the total number of the cases in the investigation, conciliation, post-probable cause and pre-public hearing and post-hearing stages; provided further, that the commission shall file an update of the report with the committees on or before March 2, 2009 ; provided further, that the commission shall identify in the reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which the Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means, on or before November 3, 2008 , the number of cases pending before the commission in which a state agency or state authority is named as a respondent, specifying those cases in which the Massachusetts Bay Transportation Authority is named as a respondent, and the number of the cases in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the commission shall include in the report the total number of new cases filed in fiscal year 2008 and the total number of cases closed by the commission in fiscal year 2008; provided further, that funds made available in this item shall be in addition to funds available in item 0940-0101; provided further, that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the commission shall pursue the highest allowable rate of federal reimbursement........ $2,732,903
0940-0101.. For the Massachusetts commission against discrimination which may expend not more than $1,930,054 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 2009 and federal reimbursements received for these and other programs in prior years; provided, that notwithstanding any general or special law to the contrary, the commission may also expend revenues generated through the collection of fees and costs so authorized; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $1,930,054
0940-0102.. For the Massachusetts commission against discrimination which may expend not more than $70,000 from revenues collected from fees charged for the training and certification of diversity trainers for the operation of the discrimination prevention certification program....... $70,000
OFFICE OF THE STATE COMPTROLLER.
The Governor disapproved the following language.
The Legislature overrode the Governor's veto.
1000-0001.. For the office of the state comptroller for the purpose and
cost of compliance with the Single Audit Act of 1984, Public Law 89-502, and
for the federally required comprehensive, statewide single audit of state
operations for the fiscal year ending June 30, 2009, 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
and the full-year estimate of revenues and revenues collected; provided
further, that notwithstanding 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 in which a reporting requirement is stipulated within such item and
which report is not filed within 10 days of the stated due date; provided
further, that all amounts deducted shall be deposited into the General Fund and
the comptroller shall notify the house and senate committees on ways and means
of all amounts so deducted; provided further, that notwithstanding any general
or special law to the contrary, the comptroller may enter into contracts with
private vendors to identify and pursue cost avoidance opportunities for
programs of the commonwealth and to enter into interdepartmental service
agreements with state agencies, as applicable, for such purpose; provided
further, that 60 days before entering into any interdepartmental service
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 item; and provided further,
that the comptroller shall submit a report on such projects as a part of his
annual report pursuant to section 12 of chapter 7A of the General Laws $9,065,602
EXECUTIVE OFFICE FOR
ADMINISTRATION
Office of the Secretary of
Administration and Finance.
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 relevant 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 item, 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 labor and workforce development on or before December 1, 2008; 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 the secretary of administration and finance, in conjunction with the trial court, the executive office of health and human services, the division of capital asset management and maintenance, the bureau of state office buildings and the division of energy resources, shall submit a report to the house and senate committees on ways and means relative to the commonwealth's energy costs, which shall include, but not be limited to, the following: (a) energy consumption and costs incurred by commonwealth-owned or operated facilities, including the state house, state office buildings, hospitals, courthouses, correction facilities and related properties; (b) cost saving initiatives relating to energy consumption and procurement; (c) the energy consumption and costs for all vehicles operated by the commonwealth and its subsidiary secretariats and agencies; and (d) the current status of the state’s energy infrastructure and plans for either replacement or conversion of existing systems; provided further, that the report shall be submitted not later than January 26, 2009; 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........ $3,826,821
1100-1200.. For the executive office for administration and finance to carry out expanded responsibilities associated with an analysis of the commonwealth’s capital planning, the development of performance budgeting and improving the efficiency of state government $500,000
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 $7,800,000 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, as reported in the state accounting system $7,800,000
1102-3214.. For the state transportation building; provided, that the division may expend revenues collected up to a maximum of $7,600,000 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 ... $7,600,000
1102-3231.. For the Springfield state office building; provided, that the division may expend not more than $850,000 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.................................. $850,000
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; provided further, that only expenses, including staffing, incurred to implement and operate the certification program shall be funded from this item; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system .......................... $300,000
Bureau of State Office Buildings.
1102-3301.. 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 ........................... $6,843,449
1102-3302.. For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings $7,485,633
1102-3306.. 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 .................................. $774,135
1102-3307.. For state house accessibility coordination, including communications access to public hearings and meetings .................. $245,824
Office on Disability.
1107-2400.. For the office on disability ............................ $759,477
Disabled Persons Protection Commission.
1107-2501.. For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means no later than the last day of each quarter on the number of claims of abuse by caretakers made by employees or contracted service employees of the departments of mental retardation and mental health, and the Massachusetts rehabilitation commission; provided further, that the report shall include: (a) the number of claims found to be substantiated; (b) the number of claims found to be unsubstantiated; and (c) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline are capable of being recorded, that all persons who call the hotline are immediately informed that all calls are routinely recorded and that each such person is provided with the opportunity to elect that the call not be recorded ................... $2,328,012
Civil Service Commission.
1108-1011.. For the civil service commission; provided, that the General Fund shall be reimbursed for the appropriation herein through a fee charged on a per claim basis; provided further, that said commission shall develop and implement regulations to implement said reimbursement to the General Fund; and provided further, that the civil service commission shall have the power to assess a fee upon the appointing authority when inappropriate action has occurred ....................... $542,613
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................................ $3,077,738
1108-5200.. For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2009; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2009, and any unexpended balance in this item shall revert to the General Fund on June 30, 2009; 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 funds may be expended from this item for the commonwealth’s share of group insurance premium and plan costs provided to employees and retirees in prior fiscal years; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A 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 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 the premiums for active state employees hired after June 30, 2003, and their dependents shall be 80 per cent; provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; and provided further, that the group insurance commission may pay premium and plan costs for municipal employees and retirees who are enrolled in the group insurance commission’s health plans pursuant to the commission’s regulations...................... $830,933,764
1108-5201.. For the costs incurred by the group insurance commission associated with providing municipal health insurance coverage pursuant to section 19 of chapter 32B of the General Laws; provided, that the commission may expend revenues in an amount not to exceed $1,000,000 from the revenue received from administrative fees associated with providing municipal health insurance coverage pursuant to said section 19 of said chapter 32B; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system....................................................... $1,000,000
1108-5350.. For elderly governmental retired employee premium payments $714,237
1108-5400.. For the costs of the retired municipal teachers’ premiums and the audit of such premiums...................................... $84,636,654
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............................................... $7,366,759
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 the division shall maintain, to the fullest extent practicable, a complete physical and technological separation from any agency, department, board, commission or program whose decisions, determinations or actions may be appealed to it; 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; and provided further, that funds shall be expended for the processing and adjudication of all pending and newly-filed department of environmental protection appeals....................................................... $1,418,052
George Fingold Library.
1120-4005.. For the administration of the library; provided, that the
library shall maintain regular hours of operation from
1120-4006.. The George Fingold Library may expend revenues collected up to a maximum of $20,000 from the fees charged for copying services; provided, that the Library shall submit a report that details revenue collected and expenditures made to the house and senate committees on ways and means on or before January 1, 2009 ............................. $20,000
Department of Revenue.
1201-0100.. For the operation of the department of revenue, including tax collection administration and audits of certain foreign corporations; 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; 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; provided further, that the department shall conduct a review of revenue generating and cost saving proposal, including, but not limited to (a) the use of affinity credit cards in the Commonwealth; and (b) establishing a single point of contact to coordinate federal financial assistance; provided further, that the results of said review shall be reported to the secretary of administration and finance and the house and senate committees on ways and means no later than February 1, 2009; provided further, that seasonal positions funded by this account may not be filled by an incumbent for more than 10 months within a 12 month period; provided further, that the department shall conduct a pilot public awareness and education outreach campaign about state and local tax credits, deductions, deferrals and exemptions and other tax information available to persons age 65 and over including, but not limited to, section 6 of chapter 62 and section 5 of chapter 59 of the General Laws; provided further, that the department shall work in conjunction with the executive office of elder affairs in disseminating information and conducting the campaign; provided further, that the department shall conduct the campaign from July 1, 2008, to April 15, 2009, inclusive, and shall report their efforts to the house and senate committee on ways and means and the joint committee on elder affairs not later than May 15, 2009; and provided further, that the department shall also file an interim report to the house and senate committee on ways and means and the joint committee on elder affairs not later than January 1, 2009..................................................... $119,073,397
General Fund........................... 95.0%
Highway Fund............................ 5.0%
1201-0118.. For the operation of the division of local services.... $6,242,559
1201-0130.. The department of revenue may expend for the operation of the department an amount not to exceed $16,330,000 from revenues collected by the additional auditors for an enhanced audit program; provided, that the auditors shall: (1) discover and identify persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth; (2) obtain said delinquent returns; and (3) collect such delinquent taxes for a prior fiscal year; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses, and the comptroller may certify for payment, amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to, the following: the amount of revenue produced from these additional auditors; and the amount of revenue produced by this item in fiscal years 2005, 2006, 2007, and 2008............... $16,330,000
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; 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 as reported in the state accounting system for federal incentives and said network in accounts 1201-0161, 1201-0410 and 1201-0412; $52,012,766
1201-0164.. For the child support enforcement division; provided, that the division may expend revenues in an amount not to exceed $6,547,280 from the federal reimbursements awarded for personnel and lower subsidiary related expenditures; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system................................ $6,547,280
The Governor has reduced the following item by $5,000,000
The Legislature overrode the Governor's veto.
1231-1000.. For the Commonwealth Sewer Rate Relief Fund, established in
section 2Z of chapter 29 of the General Laws; provided, that the Massachusetts
Water Resources Authority shall submit a report to the house and senate
committees on ways means and the secretary of administration and finance no
later than
October 1, 2008
that shall include, but not be limited to, the following: (a) an analysis of
the options for reducing operating costs of the authority; (b) the use of
contracts with private entities for the operation and maintenance of facilities
owned or operated by the authority; and (c) the cost savings and any
legislation necessary to effectuate the proposed recommendations of the report $20,000,000
1231-1020.. For a program of loans, loan purchases or loan guarantees or interest subsidies to assist homeowners, homeowner associations or condominium associations in complying with revised state environmental code for subsurface disposal of sanitary waste, Title V; 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 the 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; provided, that in the prioritization of claims, consideration shall be given to claimants who own not more than 2 dispensing facilities................................. $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 said chapter 21J; provided, that notwithstanding section 4 of said chapter 21J or any other general or special law to the contrary, appropriations made in this item shall be sufficient to cover the administrative expenses of the underground storage tank program; 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, 2009 ................................................... $1,791,327
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........... $465,406
1233-2000.. For the tax abatement program for certain veterans, widows, blind persons, and the elderly; provided, that cities and towns shall be reimbursed for the abatements granted pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Thirty-seventh, Thirty-seventh A and Fifty-second of section 5 of chapter 59 of the General Laws $17,241,130
1233-2006.. For reimbursements to cities and towns for additional exemptions from the motor vehicle excise granted pursuant to the seventh paragraph of section 1 of chapter 60A of the General Laws, as amended by sections 13 to 14 of chapter 260 of the acts of 2006............... $1,468,525
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 not later than December 1, 2008 , on the number of hearings held at each location . $2,232,786
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
Reserves.
1599-0025.. For the secretary of administration and finance to provide the commonwealth’s customers with the convenience of expanded access to internet payment options and to improve revenue collections and cash flow; provided, that the secretary may expend an amount not to exceed $1,000,000 collected from payments made electronically to subsidize the costs associated with processing those payments; and provided further, that the secretary, in consultation with the comptroller, may enter into agreements with state agencies to provide for an electronic transaction fee subsidy, which shall be structured to expire after 3 years $1,000,000
1599-0042.. For a reserve to improve the quality of the commonwealth’s early education and care system; provided, that payments from said reserve shall be distributed by the department to increase reimbursement rates for subsidized early education and care; and provided further, that the increases shall be directed to expenditures for salaries, benefits, and stipends for professional development of early education and care workers or programmatic quality improvements .......... $5,000,000
1599-0045.. For a capital projects reserve; provided, that not less than $1,000,000 shall be expended to assist the YMCA of Greater Boston on capital projects approved by the board of directors of the YMCA; and provided further, that not less than $500,000 shall be expended for the United Teen Equality Center in Lowell......................... $1,500,000
1599-0050.. For Route 3 North contract assistance payments........ $23,700,846
1599-0093.. For contract assistance to the water pollution abatement trust for debt service obligations of the trust, pursuant to sections 6, 6A and 18 of chapter 29C of the General Laws....................... $67,489,026
1599-1004.. For a reserve to support the implementation of the recommendations of the special commission to end homelessness in the commonwealth under chapter 2 of the resolves of 2006, as amended by chapter 1 of the resolves of 2007; provided, that this implementation shall be developed in collaboration with the interagency council to end homelessness, as established in Executive Order 492; provided further, that the funding made available in this item shall support the implementation of a comprehensive plan to end homelessness in the commonwealth; provided further, that funding provided in this item shall be in addition to $1,750,000 in funding from the Massachusetts Housing Finance Agency; provided further, that the funding shall be made available for purposes recommended by the commission, including but not limited to, rental assistance, emergency assistance, and the development of assessment tools that will provide the necessary means to identify and serve homeless populations and those at-risk of homelessness; and provided further, that prior to the expenditure of funds from this item the secretary of administration and finance shall approve a spending plan to be submitted by the director of the department of housing and community development to the chairs of the house and senate committees on ways and means and the secretary of administration and finance by September 1, 2008 identifying the proposed current year expenditures by program and the annualized value of these expenditures in a format proscribed by the secretary ............................................. $8,250,000
1599-1970.. For a reserve for the Massachusetts Turnpike Authority for costs incurred in fiscal year 2008 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, 2009 , which shall include, but not be limited to, the following: (a) 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; and (b) a statement of how many salt storage facilities in the commonwealth are in conformity with section 7A of chapter 85 of the General Laws and how many are not........................................... $2,000,000
1599-2008.. For a reserve to fund the additional administrative costs associated with the design and implementation of initiatives to promote cost containment, transparency, and efficiency in the delivery of quality health care including, but not limited to: costs of personnel and overtime, contracts, and the purchase of new information technologies as necessary; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that the secretary may only transfer such amounts to other items within the executive office for administration and finance, the health care quality and cost council, the executive office of health and human services, the department of public health, the division of health care finance and policy, the office of Medicaid, the attorney general’s office, the inspector general’s office, the department of housing and community development, and the division of insurance............. $1,500,000
The Governor has reduced the following item by $1,220,000
The Legislature overrode the Governor's veto.
1599-2009.. For a reserve for
1599-3234.. For the commonwealth’s South Essex sewerage district debt service assessment................................................ $89,763
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........................ $2,500,000
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
1599-4231.. For the fiscal year 2009 costs of the salary classification pool provided for in article 12 of the contract between the commonwealth and the National Association of Government Employees (Units 1, 3 and 6); provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2009 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means.............................................. $1,000,000
1599-4233.. For the fiscal year 2009 costs of the salary classification pool provided for in article 12 of the contract between the commonwealth and the Service Employees International Union (Units 8 & 10); provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2009 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means....................................................... $2,000,000
1599-4417.. For the operation of the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts at Boston’s McCormack Graduate School of Policy Studies........................ $541,000
1599-6901.. For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel earning 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, 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 appropriation upon assurances that the funds shall be used solely for the purposes of equal percentage adjustments to wages, compensation or salary; provided further, that not later than January 15, 2009, the executive office of health and human services 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 the adjustment in fiscal year 2009 and the average percentage adjustment funded herein; 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 early education and 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 2009 costs of salary adjustments and any other associated employee costs authorized there under shall not exceed $23,000,000; provided further, that the executive office health and human services shall submit an allocation schedule to the house and senate committees on ways and means not less than 30 days after disbursement of funds; and provided further, that the annualized cost of the adjustments in fiscal year 2010 shall not exceed the amount appropriated herein $23,000,000
1599-7050.. For the purposes of administrative and program expenses
associated with the settlement agreement in the case of Rosie D. et al v.
Romney, civil action No. 01-30199-
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................................................ $2,700,000
Division of Human Resources.
1750-0100.. For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth’s human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth’s human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the secretary of administration and finance shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards and reviewing appeals for reclassification; provided further, that the secretary 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 those agreements shall include all fixed percentage or dollar based salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that any employee of the commonwealth who chooses to participate in a bone marrow donor program 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 .................................................. $4,225,345
1750-0102.. The human resources division may expend not more than $1,627,500 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 as reported in the state accounting system ............................... $1,627,500
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 the program ......................................................... $106,058
1750-0119.. For payment of workers’ compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify the former employees pursuant to current workers’ compensation procedures ................. $76,350
1750-0201.. The human resources division may expend not more than $800,000 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 2, 2009 , on the projected costs of the program for fiscal year 2009 ........................................ $800,000
1750-0300.. For the commonwealth’s contributions in fiscal year 2009 to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that the contributions shall be calculated as provided in the applicable collective bargaining agreement and shall be paid to the health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides ...................................................... $27,800,000
Operational Services Division.
1775-0100.. For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to 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 the prices in fiscal year 2009 by increasing the final fiscal year 2008 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 2009; 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 the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rates of inflation which are established by December 1 of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a compounded manner for each fiscal year following the most recent calculated price .......................... $2,093,556
1775-0102.. For the operation of the online procurement system ...... $541,791
1775-0124.. The operational services division may expend an amount not to exceed $500,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division’s audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; provided, that the division may only retain revenues collected in excess of $207,350 ................................................ $500,000
1775-0600.. The operational services division may expend not more than $150,000 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 ............................................ $150,000
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 $600,000 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, 2008 ; 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 ............................................ $600,000
1775-1101.. For the operation of the affirmative marketing program, housed within the operational services division, for costs associated with the administration of services for minority and women business owners to develop and maintain equitable practices and policies in the public marketplace ............................................. $291,124
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, 2009 , with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2009 ; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000 including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for the project or purchase; and provided further, that the chief information officer may establish rules and procedures necessary to implement this item ...................... $5,366,479
1790-0300.. The information technology division may expend not more than $601,850 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 ........................... $601,850
EXECUTIVE
OFFICE OF ENERGY
Office of the Secretary.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2000-0100.. For the operation of the office of the secretary of energy
and environmental affairs, including the water resources commission, the
hazardous waste facility site safety council, the coastal zone management
program, environmental impact reviews conducted pursuant to chapter 30 of the
General Laws, the mosquito-borne disease vector control chapter program, and a
central data processing center for the secretariat; provided, that the
secretary of energy and 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 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: (a) an identification of the employees that
would be affected by consolidation and the item of appropriation that they are
paid from; (b) the savings or efficiencies to be realized; (c) the improvements
to the services expected; and (d) the source and amount of funding necessary to
accomplish the consolidation; 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 to the University of Massachusetts
Lowell’s Technical Assistance and Research Center for Housing and
Sustainability to develop an outreach partnership with the executive office of
energy and environmental affairs based on the Green Building Initiative;
provided further, that not less than $70,000 shall be expended for the Falmouth
Kids Global Climate Change Institute; provided further, that $118,308 shall be expended to the town of
Rutland; provided further, that not less than $150,000 shall be expended for a
one to one matching grant to the Cape Cod Bay sanctuary program; provided
further, that not less than $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; provided further, that not less than $125,000
shall be expended for the hillside restoration project located in the town of
Boylston; and provided further, that not less than $100,000 shall be expended
for “Horizons for Youth” property in Sharon ............................. $7,773,765
2000-9900.. For the office of geographic and environmental information established in section 4B of chapter 21A of the General Laws ........ $296,032
2001-1001.. The secretary of energy and environmental affairs may expend not more than $125,000 from fees charged to entities other than political subdivisions of the commonwealth for the distribution of digital cartographic and other data for the review of environmental notification forms pursuant to sections 61 to 62H, inclusive, of chapter 30 of the General Laws ............................................ $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, that funds may be expended for a recycling industry reimbursement program pursuant to section 241 of chapter 43 of the acts of 1997; and provided further, that funds may be expended on municipal recycling incentives and equipment grants....................................... $2,111,987
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 the program shall take into consideration the volume of redeemables per redemption center, the length of time the center has been in operation, the number of returnables redeemed quarterly by the centers, the submission by the centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; and provided further, that a redemption center shall be eligible for the funds if registered with the commonwealth as of April 1, 2003 ......................... $550,000
2020-0100.. For toxics use reduction technical assistance and technology in accordance with chapter 21I of the General Laws........ $1,711,245
The Governor has reduced the following item by $107,334
The Legislature overrode the Governor's veto.
2030-1000.. For the operation of the office of environmental law
enforcement; provided, that officers shall provide monitoring pursuant to the
National Shellfish Sanitation Program; provided further, that the department
shall maintain and operate the boat registration and titling offices in Hyannis
and Fall River; provided further, that not less than $150,000 shall be expended
for the costs of patrols performed by environmental law enforcement officers
within properties controlled by the department of conservation and recreation;
and provided further, that funds from this item shall not be expended for the
purposes of item 2030-1004............................................. $11,570,989
2030-1004.. For environmental police private details; provided, that the office may expend revenues of up to $500,000 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 as reported in the state accounting system.................................. $500,000
Department of Public Utilities.
2100-0012.. For the operations of the department of public utilities; provided, that notwithstanding the second sentence of the first paragraph of section 18 of chapter 25 of the General Laws, the assessments levied for fiscal year 2009 under that paragraph shall be made at a rate sufficient to produce $6,618,993..................................... $6,618,993
2100-0013.. For the operation of the transportation division......... $593,360
2100-0014.. The department of public utilities may expend for the operation of the energy facilities siting board an amount not to exceed $75,000 from application fees collected in fiscal year 2009 and prior fiscal years from utility companies ................................... $75,000
2100-0015.. The department of public utilities may expend for the operation of the transportation division an amount not to exceed $2,300,000 from unified carrier registration fees collected in fiscal year 2009 and prior fiscal years from motor carrier companies .................... $2,300,000
Department of Environmental Protection.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2200-0100.. For the operation of the department of environmental
protection, including the environmental strike force, the office of
environmental results and strategic planning, the bureau of resource
protection, the Senator William X. Wall experimental station, and a contract
with the University of Massachusetts for environmental research; provided, that
section 3B of chapter 7 of the General Laws shall not apply to fees established
pursuant to section 18 of chapter 21A of the General Laws; provided further,
that not more than $200,000 shall be expended for a wastewater management study
and environmental impact report for the town of Acushnet; provided further,
that $200,000 shall be expended for the administration and enforcement of the
mercury management act; provided further, that $168,000 shall be expended for
sediment control in Lake Webster; provided further, that no less than $100,000
shall be expended for the town of Marblehead; provided further, that no less
than $67,660 shall be expended for the town of Spencer for a drinking water
revolving fund; provided further, that no less than $50,000 shall be expended
for the Buzzards Bay National Estuary Municipal Grant Program; provided
further, that not less than $30,000 be expended for erosion protection at the
Center Cemetery in the town of Gill; provided further, that not less than $15,000
shall be expended for emergency milfoil control of Noyes Pond in the town of
Tolland; and provided further, that the department may investigate ways to ease
the financial burden on municipalities of compliance with state and federal
mandates, whether imposed judicially, statutorily, or through regulation,
regarding clean water requirements, including, but not limited to, the
extension of time period for compliance and financing .................. $36,272,524
2200-0102.. For the department of environmental protection which 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 12, 2009 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 will be 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, 2009 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 .... $1,007,733
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 ..................................... $1,079,944
2220-2221.. For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act $2,104,090
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 ....................................................... $1,674,347
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2260-8870.. For the expenses of the hazardous waste cleanup and
underground storage tank programs, notwithstanding section 4 of chapter 21J of
the General Laws; provided, that not less than $90,000 shall be provided for
the city of Lynn ......................................... $16,662,923
2260-8872.. For the brownfields site audit program................. $1,911,111
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............................................. $414,879
Department of Fish and Game.
The Governor has reduced the following item by $46,337
The Legislature overrode the Governor's veto.
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; provided further, that the amount and contribution from each
division or program shall be determined by the commissioner of fish and game;
provided further, that $50,000 in matching funds shall be provided to the
National Marine Life Center, Inc. for animal care; and provided further, that
the department shall file a report with the house and senate committees on ways
and means not later than
October
1, 2008
that details the level of assessments to each department
under the control of the office of the commissioner in fiscal years 2007 and
2008...................................... $793,896
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................ $650,000
2310-0200.. For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth’s share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds from this item shall be made available to the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2008 for such research; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns Montague and Sandwich; provided further, that the department may expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended; and provided further, that funds may be expended to supplement the natural heritage and endangered species program... $10,327,287
Inland Fisheries and Game Fund........ 100.0%
2310-0300.. For the operation of the natural heritage and endangered species program......................................................... $250,000
2310-0306.. For the hunter safety training program................... $497,148
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 .. $1,500,000
Inland Fisheries and Game Fund........ 100.0%
2310-0317.. For the waterfowl management program established 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; provided, that positions funded in this item shall not be subject to chapter 31 of the General Laws ....................... $635,647
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2330-0100.. For the operation of the division of marine fisheries,
including expenses of the Annisquam river marine research laboratory, marine
research programs, a commercial fisheries program, a shellfish management
program, including coastal area classification, mapping and technical
assistance, and for the operation of the Newburyport shellfish purification
plant and shellfish classification program; provided, that $300,000 shall be
expended on a recreational fisheries program to be reimbursed by federal funds;
provided further, that the sum expended for the school for marine science and
technology for research to minimize the economic impact of new fisheries
management regulations shall not be reduced from fiscal year 2008 levels except
in proportion to adjustments consistent with the department’s budget
adjustments; 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 $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
Barnstable County Department of Health and the 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 division shall
continue to develop strategies to improve federal regulations governing the
commercial fishing industry so as to promote it’s sustainability; and provided
further, that not less than $47,000 shall be expended for fishermen safety
training for the city of New Bedford . $5,700,068
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 ........................ $609,040
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.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2511-0100.. For the operation of the department of agricultural
resources, including the division of administration, the expenses of the board
of agriculture, the division of dairy services, division of regulatory
services, the division of animal health, the division of agricultural technical
assistance, the division of crop management and inspectional services,
including a program of laboratory services at the University of Massachusetts
at Amherst, the expenses of the pesticides board, and the division of agricultural
development and fairs; provided, that not less than $45,000 shall be expended
for shellfish propagation on the islands of Martha’s Vineyard and Nantucket to
be administered jointly by the state aquaculture coordinator and Dukes and
Nantucket counties; provided further, that not less than $10,000 shall be made
available to the Massachusetts Specialty Foods Association; provided further,
that $100,000 shall be expended for 4H activities from this item; provided
further, that $50,000 shall be expended on the YouthGROW program; provided
further, that not less than $200,000 shall be expended to enhance the buy local
effort in western, central, northeastern, and southeastern Massachusetts;
provided further, that not less than $50,000 shall be expended for agricultural
fair prizes and rehabilitation, including the expenses of the agricultural
lands board; and provided further, that the department shall, to the extent
possible, encourage corporate sponsorships for the purposes of providing
agricultural fair prizes................................................. $5,506,927
2511-0105.. For the purchase of supplemental foods for the Massachusetts emergency food assistance program within the America’s second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall reflect the America’s second harvest allocation formula, to benefit the four regional food banks in Massachusetts: The Greater Boston Food Bank, Merrimack Valley Food Bank, The Food Bank of Western Massachusetts and Worcester County Food Bank; and provided further, that the department may assess an administrative charge not to exceed 2 per cent of the total appropriation herein ...................................................... $12,000,000
2511-2000.. For the Agricultural Innovation Center; provided, that the Agricultural Innovation Center shall provide a broad range of technical and business development services to the commonwealth’s agricultural producers that may add value to the producers, products and services; provided further, that the Agricultural Innovation Center shall develop an outreach program to identify and foster new, innovative ideas and approaches to adding value to the commonwealth’s agricultural economy; and provided further, that the Agricultural Innovation Center shall solicit requests from the commonwealth’s agricultural industry for funding and technical assistance in training, marketing, distribution, applied research, agri-tourism, aquaculture, forestry, processing, fiber and agricultural resource management ................................... $1,500,000
2511-3002.. For the Integrated Pest Management program .............. $300,593
Department of Conservation and Recreation.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2800-0100.. For the operation of the department of conservation and
recreation; provided, that said department shall enter into an interagency
service agreement with the department of state police to provide police
coverage on department of conservation and recreation properties and parkways;
provided further, that the department of state police shall reimburse said
department of conservation and recreation for costs incurred by said department
including, but not limited to, vehicle maintenance and repairs, the operation
of department of state police buildings and other related costs; provided
further, that notwithstanding any general or special law to the contrary, all
offices and positions of the division performing construction activities for
the department of conservation and recreation shall be subject to
classification under sections 45 to 50, inclusive, of chapter 30 of the General
Laws; provided further, that notwithstanding section 3B of chapter 7 of the
General Laws, the department shall establish or renegotiate fees, licenses,
permits, rents and leases, and to adjust or develop other revenue sources to
fund the maintenance, operation, and administration of the 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
13, 2009; provided further, that notwithstanding any general or special law or
administrative bulletin to the contrary, the department shall not pay any fees
charged for the leasing or maintenance of vehicles to the operational services
division; provided further, that no funds shall be expended from this item for
personnel overtime costs; provided further, that the department of conservation
and recreation shall provide the house and senate committees on ways and means
with a 30 day notice before any intersubsidiary transfers or interagency
service agreements and the reason for said transfer; provided further, that the
amount transferred pursuant to interagency service agreements shall not
increase from fiscal year 2008; 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 file a report with the house and senate committees on ways and
means not later than December 15, 2008, 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 detail the efficiencies that have been achieved
from said merger; provided further, that said report shall detail the areas of
the department where efficiencies have been achieved from the sharing of
resources; provided further, that said report shall provide a plan to fully
integrate all aspects of the department and said plan shall provide any
recommendations that are necessary to improve the department; provided further,
that notwithstanding any general or special law to the contrary, the department
shall continue to fund a maintenance contract for daily trash removal at Revere
beach through proceeds received by the city of Revere and the department
pursuant to section 29 of chapter 236 of the acts of 2002 and section 2 of this
act; provided further, that not less than $200,000 shall be expended for the
operation of the Bellegarde Boathouse in the city of Lowell; provided further,
that not less than $250,000 shall be expended for the purpose of aquatic
management for the Wekepeke Reservoir in the town of Sterling; provided
further, that a bench may be erected within Webb Memorial State Park honoring
the memory of Brenda Dunker for her life as a selfless volunteer for many
worthy causes and for the gardening enthusiasm and skill she graciously displayed
in enhancing the beauty and prestige of Webb Memorial State Park and that a
suitable marker bearing this designation shall be placed on the memorial bench
by the department of conservation and recreation in compliance with the
standards of the department; provided further, that not less than $150,000
shall be expended to the town of Shutesbury for the purpose of aquatic
management for Lake Wyola; provided further, that $100,000 shall be allocated
to completing Resource Management Plans for state parks and urban parks in the
commonwealth; provided further, that not less than $100,000 shall be expended
for the DCR Park Rangers mounted unit in the Blue Hills Reservation; provided
further, that not less than $100,000 shall be expended for the Massachusetts
Hummocks Park as owned and operated by the department; provided further, that
not less than $60,000 shall be expended for the Martha’s Vineyard Commission;
and provided further, that not less than $32,000 shall be expended for Opticom
at the site of the Revere Public Safety Facility ............. $7,389,872
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
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 the General Laws; provided further,
that not less than $100,000 shall be expended for Pine Tree Brook in the town
of Milton; provided further, that not less than $100,000 shall be expended for
a grant to the town of Hopkinton for the North Pond Dam/Lake Maspenock Dam
located in the towns of Hopkinton, Milford, and Upton; provided further, that
$50,000 shall be expended for the maintenance of invasive aquatic weeds on the
Charles River in Auburndale; provided further, that not less than $100,000
shall be expended for invasive weed control on the Charles river in Waltham;
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 not less
than $35,000 shall be expended for storm water remediation along the Cole River
or Lees River by the town of Swansea; provided further, that $40,000 shall be
expended for aquatic nuisance control in Sluice Pond and Flax Pond in the city
of Lynn; provided further, that no less than $30,000 shall be expended for Eel
Pond in the town of Mattapoisett; provided further, that no less than $25,000
shall be expended for aquatic weed control for Upper Mystic Lake in Winchester;
provided further, that no less than $15,000 shall be expended for aquatic weed
control for Winter Pond in Winchester; and provided further, that not less than
$15,000 shall be expended for the Merrimack River Watershed Council ..................... $2,060,310
The Governor has reduced the following item by $150,000
The Legislature overrode the Governor's veto.
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 shall immediately implement interim stormwater management practices
including, but not limited to, street sweeping, inspection and cleaning of
catch basins, and emergency repairs to roadway drainage...... $1,094,643
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2800-0500.. For the upkeep of 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 be fully maintained; provided
further, that not less than $75,000 shall be expended for the North and South
rivers Watershed association for the purposes of restoring the North and South
rivers and their tributaries to met clean water act standards; provided
further, that not less that $50,000 shall be expended for the cleanup of
Pilayella Algae on Kings Beach and Long beach in Lynn; provided further, that no less than $35,000
shall be expended for the cleanup of Pilayella algae on Nahant Beach
Reservation; provided further, that not less than $100,000 shall be expended
for the Jones River Watershed Association of Kingston; provided further, that
the department shall file a report with the house and senate committees on ways
and means not later than
December
15, 2008
, that shall include, but not be limited to, the following:
(1) the amount of funding provided to each beach under the control of the
department in fiscal years 2007 and 2008; (2) a breakdown of how the funds were
spent for each 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 each beach in fiscal year 2009 from this item; and (5) a list of the
services or materials for each beach that will be provided from this item; and
provided further, that not less than $1,000,000 shall be expended for personnel
for the metropolitan beaches commission, as recommended by the Beaches We Can
Be Proud Of report which was prepared for the metropolitan beaches commission........................ $4,303,025
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 December 15, 2008 , that shall include, but not be limited to, the following: (1) the amount of funding provided to each pool under the control of the department in fiscal years 2007 and 2008; (2) a breakdown of how the funds were spent for each 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 each pool in fiscal year 2009 from this item; and (5) a list of the services or materials for each pool that will be provided from this item $750,000
2800-0700.. For the office of dam safety; provided, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, 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 the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008 , that shall include, but not be limited to, the following: (a) the number of staff that are assigned from this item and their job title; (b) the number of dam inspections that are scheduled for fiscal year 2009; and (c) the number of dams that are in need of repairs or need to be replaced; provided further, that not less than $500,000 shall be directed toward the hiring of dam safety engineers; and provided further, that not less than $140,000 shall be expended for a hydraulic study of increasing the pumping capacity of the Amelia Earhart Dam on the Mystic River ....................... $1,175,428
2800-2000.. For the state licensed foresters program; provided, that the department of conservation and recreation may expend not more than $600,000 from revenues collected from the sale of timber for materials, supplies, equipment and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded in the Massachusetts management accounting and reporting system............... $600,000
2800-9004.. For certain payments for the maintenance and use of the
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
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 the
level of funding for the beaches and pools from this item in fiscal year 2009
shall not be reduced from fiscal year 2008; provided further, that not less
than $400,000 shall be expended for amelioration of an area bounded by Middle,
Garey and Commercial Streets in the town of Weymouth; provided further, that the
department shall submit a report on the staffing levels at all state and urban
parks to the house and senate committees on ways and means not later than
January 30, 2009
, it shall
include, but not be limited to, the following: (a) the number of staff assigned
to each park; (b) the total number of visitors to each park; and (c) the total
acreage of each park; provided further, that not less than $250,000 shall be
provided to the Camp Marion and Mumford River Recreation Programs; provided
further, not less than $200,000 shall be expended for the park and recreation
center for the town of Holbrook; provided further, that not less than $185,000
shall be expended for the Schooner Ernestina Commission; provided further, that
not less than $150,000 shall be expended for the toddler park in the city of
Woburn; provided further, that not less than $200,000 shall be expended on the
recreational facilities of Woburn high school; provided further, that $150,000
shall be expended for the Methuen Parks and Recreation Department; provided
further, that not less than $100,000 shall be expended for eradication of
invasive aquatic species in Lake Cochituate State Park; provided further, that
not less than $100,000 shall be expended for the Heritage State Park located in
the Roxbury section of the city of Boston; provided further, that not less than
$50,000 shall be provided to the Lake Singletary Watershed Association;
provided further, that not less than $20,000 shall be expended to the Chandler
Pond Preservation Society; provided further, that not less than $25,000 shall
be expended for the print shop building at Brook Farm Reservation in the West
Roxbury section of the city of Boston; and provided further, that Watson’s Pond
state park in Taunton and Ames Nowell state park in Abington shall remain open
and appropriately staffed to allow public swimming and recreation for the
season ............... $26,091,714
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...................................... $2,024,405
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 before the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2008 shall continue to receive such benefits in fiscal year 2009 during the period of their seasonal employment; provided further, that no expenditures shall be made from this item other than for the purposes identified in this item; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period........................ $5,620,015
2810-2040.. The division of state parks and recreation may expend not more than $6,004,826 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 as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item .................................................. $6,004,826
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2820-0100.. For the administration, operation and maintenance of the
division of urban parks and recreation, including for the maintenance,
operation and related costs of the parkways, boulevards, roadways, bridges and
related appurtenances under the care, custody and control of the division,
flood control activities of the division, purchase of all necessary supplies
and related equipment, and the civilianization of crossing guards located at
division intersections where state police previously performed such duties;
provided, that 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 the rinks under the control of
the department shall remain open and staffed for the full rink season; provided
further, that the level of funding for the beaches and pools from this item in
fiscal year 2009 shall not be reduced from fiscal year 2008; provided further,
that not less than $55,000 shall be expended for the maintenance of Red Rock
park on Lynn Shore drive in the city of Lynn, including $5,000 for the
replacement of dead vegetation in the park; provided further, that not less
than $450,000 shall be expended to the city of Lowell; provided further, that
$250,000 shall be expended for a linked trail system for local and state parks
along the Back River in the towns of Weymouth and Hingham; provided further,
that not less than $225,000 shall be expended for the Southwest Corridor Park;
provided further, that $297,000 shall be expended for the James Michael Curley
Recreation Center in the city of Boston; provided further, that not less than
$150,000 shall be expended for the Hill Park and the William G. Reinstein
Complex in the city of Revere; provided further, that $75,000 shall be expended
for the Esplanade in the city of Boston; provided further, that not less than
$75,000 shall be expended for Eugene Lovely Field in Andover; provided further,
that not less than $75,000 shall be expended for the Herter Center in the
Christian A. Herter Park located in Allston-Brighton section of the city of
Boston for the purpose of preserving educational and cultural materials that
benefit the commonwealth; provided further, that not less than $50,000 shall be
expended for the costs associated with the management of aquatic non-native
plants in the Charles River lakes district; provided further, that not less
than $50,000 shall be expended for the eradication of invasive aquatic weeds in
the town of Wayland; provided further, that not less than $50,000 shall be
provided for the ponds at Lake Street in the town of Acushnet; provided
further, that not less than $50,000 shall be expended for the Fellsmere Pond
Reservoir in the city of Malden; provided further, that not less than $50,000 shall
be expended for public safety on the Deerfield and upper Connecticut River;
provided further, that not less than $25,000 shall be expended for the
eradication of invasive aquatic weeds in the town of Lincoln; provided further,
that not less than $20,000 shall be expended for Squantum Park in the city of
Quincy; provided further, that not less than $15,000 shall be expended for the
Memorial Field in the town of Whitman; and provided further, that not less than
$3,900 shall be expended on Senator Charles E. Shannon Crossing Guard Corps at
the corner of Mystic avenue and Shore drive in the city of Somerville ...................................................... $29,701,754
2820-0101.. For the costs associated with the department’s urban park rangers specific to the security of the state house; provided, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house .... $2,002,812
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 ........... $3,150,000
The Governor has reduced the following item by $165,325
The Legislature overrode the Governor's veto.
2820-0300.. For the operation and maintenance of the central
artery/tunnel parks and Spectacle island....................................... $1,603,959
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 energy and 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 January 14, 2009 ; and provided further, that the secretary of energy and 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, 2008 , 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 2007 and 2008 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 ....................................................... $1,000,000
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, 2008 , and April 30, 2009 , 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 shall be positions requiring the services of an incumbent on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30..... $1,100,000
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 $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 shall be positions requiring the services of an incumbent on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30..... $1,100,000
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; and provided further, that said department shall implement a plan to achieve efficiencies and reduce lighting costs. $3,315,033
Division of Energy Resources.
7006-1000.. For the operation of the division of energy resources . $1,814,580
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 ......................................................... $201,631
7006-1003.. 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 ............. $441,404
Department of Early Education and Care.
3000-1000.. 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 on the development of a comprehensive evaluation system for all early education and care programs in the commonwealth; provided further, that the department shall report on the first business day of each month to the joint committee on education, the joint committee on children, families and persons with disabilities, the house and senate committees on ways and means, and the secretary of administration and finance on the unduplicated number of children on waiting lists for state-subsidized early education and care programs and services, including supportive child care services; provided further, that notwithstanding chapter 66A of the General Laws, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of elementary and secondary education, the department of transitional assistance, the department of 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 funds from this item shall be expended to develop an implementation plan for a workforce development system in collaboration with the board and commissioner of higher education, pursuant to section 5 of chapter 15D of the General Laws; provided further, that as part of the development of said workforce implementation plan, the department shall expend funds for the development of core competencies for those working with children in early education programs; provided further, that the department shall issue a report, not later than February 16, 2009, on the status of the department’s programming to the secretary of administration and finance, the senate president, the speaker of the house, the chairpersons of the house and senate committees on ways and means, and the house and senate chairperson of the joint committee on education; provided further, that the report shall contain the proposed core competencies to be issued by the department, and the status and findings of the department’s quality rating system; provided further, that the report shall contain a multi-year plan for the alignment of rates and quality standards and for programs to move toward meeting the quality standards enumerated in item 3000-5075; provided further, that the report shall contain details on the implementation of universal pre-kindergarten grants, along with any legislative recommendations for the improvement of the program; provided further, that the report shall contain a multi-year plan for the alignment of all classroom based quality enhancement grants funded by the department in order to ensure fairness and consistency across all preschool grant programs; provided further, that the report shall include the department’s recommendations on the consistent implementation of accreditation assistance across the commonwealth; provided further, that the report shall include the number of early childhood educators and providers who have received such training, the estimated number who have requested such additional training, and a review and analysis of the most effective types of professional development; and provided further, that the report shall include the estimated number of preschool suspensions and expulsions that occur each year in the commonwealth, the relative frequency of each type of mental illness or behavioral issues among children receiving programs and services from the department, and an analysis of the most effective intervention strategies..................... $13,867,894
3000-2000.. For local and regional administration and coordination of services provided by child care resource and referral agencies and community partnerships for children lead agencies; provided, that funding for eligible early education and care activities shall include, but not be limited to, administrative costs of these agencies, program coordination and support, voucher management, outreach to hard to reach populations, intake and eligibility services for families seeking financial assistance to enroll in early education and care programs, resource and referral for families with disabilities in child care programs, support of comprehensive services for children and families, maintenance of the department’s centralized waiting list for state-subsidized early education and care, community-based programs that provide direct services to parents, walk-in services for homeless families, and comprehensive planning at the local level through interagency and community collaboration; provided further, that community partnership councils receiving grants distributed from this item shall not expend more than $4,625,533 for administrative costs, as defined by the department; provided further, that an additional $250,000 shall be made available by the department of early education and care for the administration of the vouchers by child care resource and referral agencies; provided further, that the department shall assist the community partnership councils receiving grants of less than $100,000 that choose to regionalize with the implementation of any regionalization plans; and provided further, that up to $500,000 may be expended on planning grants to assist local councils in expanding their mission beyond preschool-aged children to include the provision of comprehensive services, community collaboration, quality, and outreach efforts to all children served by the department regardless of age ...................................................... $25,410,771
3000-2050.. For the administration of the Children’s Trust Fund; provided, that the department shall not exercise any supervision or control with respect to the board.............................................. $1,349,658
3000-3050.. For supportive early education and care associated with the family stabilization program; provided, that funds from this item shall only be expended for early education and care costs of children with active cases at the department of social services; provided further, that the department of early education and care, in collaboration with the department of social services, shall maintain a centralized list detailing the number of children eligible for services in this item, the number of supportive slots filled, and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that all children eligible for services under this item shall receive said services; provided further, that if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and the secretary of administration and finance, a report detailing the amount of appropriation needed to address such deficiency; and provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000, 3000-4050 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before the transfer..................... $79,091,314
3000-4050.. For financial assistance for families currently involved with or transitioning from transitional aid to families with dependent children (TAFDC) to enroll in an early education and care program; provided, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded from this item and item 3000-3050 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 recipients of benefits under the employment services program or any successor program, participants of any component activity under the program of transitional aid to families with dependent children, former recipients of transitional aid to families with dependent children who are employed during the year after termination of benefits, former recipients of transitional aid to families with dependent children participating in education or training programs authorized by department of transitional assistance regulations, parents under the age of 18 currently enrolled in an education or job training program who would qualify for transitional aid for families with dependent children, but for the deeming of grandparents’ income, and 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 early education and care vouchers, shall be paid for from this item; provided further, that all early education and care providers that are part of a public school system shall accept vouchers from recipients funded through this item; provided further, that early education and 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 early education and care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations; provided further, that recipients of transitional aid shall not be charged fees for care provided under this item; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that all children eligible for services under this item shall receive the services; provided further, that the department of early education and care and the department of transitional assistance shall collaborate to study and present findings on the fiscal and policy impact of child care assistance to families currently receiving services in this item are not entitled to these services under DTA regulations or section 110 of chapter 5 of the acts of 1995, as amended by section 155 of chapter 43 of the acts of 1997; provided further, that the department shall issue a report to the house and senate committees on ways and means and the executive office for administration and finance no later than March 15, 2009, detailing: (a) the number of families receiving child care who are transitioning from cash assistance in each of the past 3 fiscal years, (b) of these families, the number of years each family has been receiving child care since their cash assistance benefits have been terminated, (c) the correlative fiscal and policy impact on item 3000-4060 should former TAFDC recipients be added as a priority population, (d) the correlative fiscal and policy impact on this item should former TAFDC recipients’ child care remain within this entitlement account, (e) the breakdown of the entire caseload of this item by TAFDC status and employment and training status, which shall be provided by the department of transitional assistance, and (f) the number of former TAFDC recipients who transition off child care benefits due to exceeding income-eligibility requirements; provided further, that if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and with the secretary of administration and finance, a report detailing the amount of appropriation needed to address such a deficiency; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2009..................................... $197,745,274
3000-4060.. For income-eligible early education and care programs; provided, that income-eligible programs shall not include the employment services early education and care program, transitional early education and care programs or post-transitional early education and care programs; provided further, that teen parents at risk of becoming eligible for that assistance may be paid from this item; provided further, that informal early education and care benefits for families meeting income-eligibility criteria shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that all early education and care providers that are part of a public school system shall accept early education and care vouchers from recipients funded through this appropriation; provided further, that the community partnership councils shall enroll any new children receiving services in fiscal year 2009 from the centralized waitlist maintained by the department under terms and conditions to be determined by the department including, but not limited to, a maximum rate capped at the seventy fifth percentile of the regional market rate; provided further, that children receiving services through this allocation shall retain priority status for future services available through the department upon attaining the age of 5; provided further, that the commissioner of the department of early education and care may transfer funds to this item from items 3000-1000 and 3000-4050, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; provided further, that not more than 3 percent of any item may be transferred in fiscal year 2009; provided further, that said plan shall be forwarded to the house and senate chairs of the joint committee on education, the chairs of the house and senate ways and means committees, and the secretary of administration and finance; provided further, that the department shall maintain not less than the same number of vouchers funded in fiscal year 2008; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary $213,569,917
3000-5000.. For grants to head start programs; provided, that funds from this item may be expended on early head start programs.......... $10,000,000
3000-5075.. For the Massachusetts Universal Pre-Kindergarten Program;
provided, that funds from this item shall be expended on grants to improve the
quality of and expand access to preschool programs and services to children
from the age of 2 years and 9 months until they are kindergarten eligible,
through a mixed system of service delivery including public, private,
non-profit and for-profit preschools, child care centers, nursery schools,
preschools operating within public and private schools and school districts,
head start programs, independent and system-affiliated family child care homes;
provided further, that funds shall be awarded directly to programs; provided
further, that in awarding grant funds under this program, preference shall be given
to establishing preschool classrooms in towns and cities with schools and
districts at risk of or determined to be under-performing in accordance with
sections 1J and 1K of chapter 69, schools and districts which have been placed
in the accountability status of identified for improvement, corrective action,
or restructuring pursuant to departmental regulations, or which have been
designated commonwealth priority schools or commonwealth pilot schools pursuant
to said regulations, schools or districts with a high percentage of students
scoring in levels 1 and 2 on the MCAS exams, or programs which serve children
not less than 50 per cent of whom are from families earning at or below 85 per
cent of the state median income; provided further, that funds may also be used
to leverage and enhance community-wide capacity building efforts within
statewide parameters established by the board; provided further, that all
programs designated as Massachusetts Universal Pre-Kindergarten Program
participants shall meet high program quality standards including those outlined
in the Early Childhood Program Standards for Three and Four Year Olds and the
Guidelines for Preschool Learning Experiences, and including appropriate
standards for teacher and staff quality, teacher to child ratios and group
size, age-appropriate curriculum and child assessment practices, kindergarten
readiness assessments, comprehensive services like health and dental screenings
and mental health supports where needed, transition to kindergarten policies,
and program evaluation; provided further, that any newly-funded programs
designated as Massachusetts Universal Pre-Kindergarten Program participants
must have been accredited by the National Association for the Education of
Young Children, the New England Association of Schools and Colleges, the
National Association of Family Child Care or a Child Development Associate (
3000-6000.. For grants to early education and care providers in the commonwealth for the costs associated with accreditation by the National Association for the Education of Young Children, the National Association for Family Child Care, or such other accreditation agencies approved by the board; provided, that funds shall be distributed by the department with approval of the board; provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; and provided further, that, in order to ensure continuity in the accreditation process, the department shall provide continuation grants without further application to any local council which received funds last year, and which are engaged in ongoing accreditation projects ................................ $1,738,739
3000-6050.. For grants to provide professional development for early education and care providers to be distributed by the department with approval of the board; provided, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further, that the department shall only approve professional development courses and offerings with proven, replicable results in improving early education and care, and which shall have demonstrated the use of best practices, as determined by the department; provided further, that said professional development courses shall be aligned with core competencies identified by the department and with the Universal Pre-Kindergarten program quality standards; provided further, that the department shall encourage and support early childhood education and care providers to obtain associate and bachelor degrees through the Building Careers program model; and provided further, that not less than $250,000 shall be expended for the child development associate scholarships program ........................ $4,558,000
3000-6075.. For early childhood mental health consultation services in early education and care programs in the commonwealth; provided, that preference shall be given to those services designed to limit the number of expulsions and suspensions from said programs; and provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, child care resource and referral centers and other qualified entities .................................... $2,900,000
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 item 3000-7050 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department; provided further, that such services shall be made available statewide to parents under the age of 21 years; and provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents ................................ $13,192,235
3000-7050.. For grants to programs which improve the parenting skills of participants in early education and care programs in the commonwealth; provided, that not less than $5,395,694 shall be expended on the Mass Family Networks program; provided further, that not less than $3,100,000 shall be expended for grants for the home-based parenting, family literacy, and school readiness program known as the Parent-Child Home Program; provided further, that the department shall distribute said $3,100,000 not later than August, 2008 in order to allow a full year of service for families involved in these programs; provided further, that $1,000,000 shall be made available for matching grants to fund a 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 further, that the funds distributed through Reach Out and Read program shall be contingent upon a match of not less than $1 in private or corporate contributions for every $1 in state grant funding; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through item 3000-7000 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department........................ $9,555,694
EXECUTIVE OFFICE OF HEALTH
Office of the Secretary.
4000-0050.. For the operation of the personal care attendant quality workforce council established under section 29 of chapter 118G of the General Laws ......................................................... $300,000
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
4000-0112.. For matching grants to boys’ and girls’ clubs, YMCA and
YWCA organizations, nonprofit community centers, and youth development
programs; provided, that the secretary shall award the full amount of each
grant to each organization upon commitment of matching funds from the
organization; provided further; that the secretary shall report to the house
and senate committees on ways and means on the exact amount distributed in
fiscal year 2009 by
March 1,
2009
; provided further, that not less than $3,300,000 shall be
expended for the Massachusetts Alliance of Boys and Girls Clubs; provided
further, that an amount not to exceed $50,000 shall be provided in a matching
grant to the Methuen Branch of the Merrimack Valley YMCA; provided further,
that not less than $155,000 shall be expended for the young parents program of
the Newton Community Service Centers; provided further, that not less than
$50,000 shall be expended for the Project Adventure Youth Leadership Program
administered by Family Service, Inc. of Lawrence; provided further, that not less
than $50,000 shall be expended for youth and family programs and improvements
at the West Suburban YMCA; provided further, that not less than $100,000 shall
be expended for the YWCA of Newburyport; provided further, that not less than
$50,000 shall be expended to the Chelsea YMCA; provided further, that not less
than $100,000 shall be expended for Square One, formerly the Springfield Day
Nursery; provided further, that $125,000 shall be expended for the YMCA of
Greater Worcester for the recruitment, implementation and evaluation of the
YMCA Men’s Health and Families Program; provided further, that not less than
$50,000 shall be expended to the Franklin Community Action Corporation for
youth services; provided further, that $50,000 shall be expended for programs
at the Athol Area YMCA; provided further, that $100,000 shall be expended for
the Nazzaro Recreation Center; provided further, that not less than $150,000
shall be expended for nonprofit Youth Services in Andover; provided further, that not less than $50,000 shall
be expended for programs at the YWCA of Haverhill; provided further, that $50,000
shall be expended for the Oak Square YMCA in the Brighton section of the city
of Boston; provided further, that not
less than $100,000 be expended for health and wellness programming at the YWCA
of Greater Lawrence; provided further, that not less than $50,000 shall be
expended for the Girls Incorporated of Holyoke; provided further, that an
amount not to exceed $35,000 be provided in a matching grant to United Way of
Tri-County for services at the Milford Youth Center; provided further, that not
less than $500,000 shall be expended for youth programs in the commonwealth
administered by the Cal Ripken, Sr. Foundation; provided further, that not less
than $100,000 for Dot-Well youth services and out of school time activities;
provided further, that not less than $100,000 shall be expended for the United
Teen Equality Center in Lowell; provided further that not less than $50,000
shall be expended for a one-time matching grant for the YMCA Cape Cod for
building purposes to comply with the American with Disabilities Act; provided
further, that not less than $250,000 shall be expended for program and
improvements at Children’s Friend and Family Services of Salem and Lynn;
provided further, that not less than $80,000 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 shall be expended for Fit Students
for Life, Inc., formerly Boston Boxing and Fitness, Inc.; provided further,
that not less than $40,000 shall be expended for programs at the Fishing
Academy, Incorporated; provided further, provided further, that not less than
$5,000 shall be provided for the Gardner Community Action Committee Fellowship
Table; provided further, that not less than $5,000 shall be provided for the
Winchendon Community Action Committee Food Bank; and provided further, that not
less than $50,000 shall be expended for the YMCA in East Boston ................................... $5,845,000
4000-0265.. For a primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the Commonwealth; provided, that the grant shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of the executive office of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds .............................. $1,700,000
The Governor struck out certain language.
4000-0300.. For the operation of the executive office, including the
operation of the managed care oversight board; provided, that the executive
office shall provide technical and administrative assistance to agencies under
the purview of the secretariat receiving federal funds; provided further, that
the executive office and its agencies, when contracting for services on the
islands of Martha’s Vineyard and Nantucket, shall take into consideration the
increased costs associated with the provision of goods, services, and housing
on said islands; provided further, that the executive office shall monitor the
expenditures and completion timetables for systems development projects and
enhancements undertaken by all agencies under the purview of the secretariat,
and shall ensure that all measures are taken to make such systems compatible
with one another for enhanced interagency interaction; provided further, that
the executive office shall continue to develop and implement the common client
identifier; provided further, that the executive office shall ensure that any
collaborative assessments for children receiving services from multiple
agencies within the secretariat shall be performed within existing resources;
provided further, that funds appropriated in this item 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 the 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 not less than
$500,000 will be made available for supplemental payments to one or more of the
three largest Medicaid participating licensed non-profit chronic and
rehabilitation hospitals with less than 500 beds, with Medicaid participation
measured and ranked by the number of Medicaid days in the most recently
completed fiscal year, but excluding for purposes of this clause any of such
hospitals that are authorized to receive supplemental payments pursuant to line
items 4000-0500 and 4000-0600; 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 not more than $250,000
shall be expended to establish the Office of Health Equity within the executive
office of health and human services; provided further, that subject to
appropriation the executive office of health and human services may employ such
additional staff or consultants or as it may deem necessary; provided further,
the office may prepare an annual health disparities report card with regional
disparities data, evaluate effectiveness of interventions, and replicate
successful programs across the state; provided further, the office shall work
with a disparities reduction program with a focus on supporting efforts by
community-based health agencies and community health workers to eliminate
racial and ethnic health disparities, including efforts addressing social
factors integral to such disparities; provided further, that 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 the expenditures have been made by the Medicaid
management information system; provided further, that no expenditures shall be
made for the purpose of programs that are not federally reimbursable, including
those related to Titles XIX or XXI of the Social Security Act or the MassHealth
demonstration waiver approved under section 115(a) of the act or the Community
First section 1115 demonstration waiver, whether made by the executive office
or another commonwealth entity, except as specifically authorized herein, or
unless made for cost containment efforts the purposes and amounts of which have
been submitted to the house and senate committees on ways and means 30 days
prior to making such expenditures; provided further, that the executive office
shall not reduce the outpatient rates for any specialty hospital which limits
its admissions to patients under active diagnosis and treatment of the eyes,
ears, nose, and throat, below that which was granted during hospital fiscal
year 2005; 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 the recoveries shall be considered
current fiscal year expenditure refunds; provided further, that the executive
office may collect directly from a liable third party any amounts paid to
contracted providers under chapter 118E of the General Laws for which the
executive office later discovers another third party is liable if no other
course of recoupment is possible; provided further, that no funds shall be
expended for the purpose of funding interpretive services directly or
indirectly related to a settlement or resolution agreement, with the office of
civil rights or any other office, group or entity; provided further, that
interpretive services currently provided shall not give rise to enforceable
legal rights for any party or to an enforceable entitlement to interpretive
services; provided further, that the federal financial participation received
from claims filed for the costs of outreach and eligibility activities
performed by certain community organization under the covering kids initiative,
and in accordance with the federal revenue criteria in 45
; 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
2009 the definition of a ‘pediatric specialty unit’ shall mean an acute care
hospital with a burn center verified by the American Burn Center and the
American College of Surgeons and a level 1 trauma center for pediatrics
verified by the American College of Surgeons 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
in calculating rates of payment for children enrolled in MassHealth receiving
inpatient services at acute care pediatric hospitals and pediatric subspecialty
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 inpatient SPAD and outlier payments for discharges with a case mix
acuity greater than 3.5 shall be at least equal to 85 per cent of the expenses
incurred in providing services to those children; provided further, that the
executive office shall not reduce the payment rates by no less than 75 per cent
for any specialty hospital which limits its services to patients under active
diagnosis and treatment of cancer below that which was granted in the previous
year; provided further, that notwithstanding any general or special law to the
contrary, the executive office shall require the commissioner of mental health
to approve any prior authorization or other restriction on medication used to
treat mental illness in accordance with written policies, procedures and
regulations of the department of mental health; provided further, that the secretary
shall ensure that supplemental Medicaid rates required pursuant to section 128
of chapter 58 of the acts of 2006 are implemented in fiscal year 2009; provided
further, that the secretary shall ensure that all Medicaid benefit
restorations, program expansions, and rate increases required pursuant to
chapter 58 of the acts of 2006 are implemented in fiscal year 2009; provided
further, that the executive office shall include smoking and tobacco use
cessation treatment and information within MassHealth covered services pursuant
to section 108 of chapter 58 of the acts of 2006; provided further, that the
executive office shall develop a process whereby all participating providers
who have signed the Virtual Gateway Services Agreement shall have access to the
contents of the consolidated summary of any individual’s application submitted
through the virtual gateway; provided further, that said information access
shall comply with all HIPAA requirements and state privacy laws; provided
further, that not later than September 1, 2008, the executive office of health
and human services shall submit a report to the house and senate committees on
ways and means detailing planned fiscal year 2009 expenditures by the executive
office as funded by chargebacks to the 17 executive office cluster agencies;
provided further, that there shall be a health care reform outreach and
education unit within the executive office for the purpose of coordinating
statewide activities in marketing outreach and the dissemination of educational
materials related to the change in laws in chapter 58 of the acts of 2006;
provided further, that the unit shall collaborate with the office of Medicaid,
the executive office of administration and finance, the division of insurance
and the Commonwealth Health Insurance Connector Authority to develop common
strategies, best practices, and guidelines for providing informational support
and assistance to consumers, employers, and businesses; provided further, that
any projection of deficiency in item 4000-0320, 4000-0430, 4000- 0500,
4000-0600, 40000-700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891,
4000-0895, 4000-0990, 4000-1400 or 4000-1405, shall be reported to the house
and senate committees on ways and means not less than 90 days before the projected
exhaustion of funding; and provided further, that any unexpended balance in
these accounts shall revert to the General Fund on June 30, 2009.................... $145,368,773
4000-0301.. For the costs of MassHealth provider and member audit and utilization review activities including, but not limited to, eligibility verification, disability evaluations, provider financial and clinical audits and other initiatives intended to enhance program integrity....................................................... $2,225,904
4000-0320.. For the executive office; provided that the executive office may expend an amount not to exceed $225,000,000 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 further, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; and provided further, that the executive office shall file quarterly reports with the house and senate committees on ways and means delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures..................................................... $225,000,000
4000-0352.. For MassHealth enrollment outreach grants to public and private nonprofit groups to be administered by the executive office in consultation with the Health Care Reform Outreach and Education Unit; provided, that grants shall be awarded to groups statewide, including areas in which the United States Census deems there exists a high percentage of uninsured individuals and areas in which there are limited health care providers; provided further, that funds shall be awarded as grants to community and consumer-focused public and private nonprofit groups to provide enrollment assistance, education and outreach activities directly to consumers who may be eligible for MassHealth, the Commonwealth Care Program, or the Commonwealth Choice Program, and who may require individualized support due to geography, ethnicity, race, culture, immigration or disease status and representative of communities throughout the commonwealth; provided further, that funds shall be allocated to provide informational support and technical assistance to recipient organizations and to promote appropriate and effective enrollment activities through the statewide health access network; provided further, that not less than $350,000 shall be allocated to Community Partners, Inc. of Amherst, to provide online informational support and technical assistance to recipient organizations and to promote appropriate and effective enrollment activities through its statewide health access network; provided further, that the cost of information support and technical assistance shall not exceed 10 per cent of the appropriation and shall not be used to defray current state obligations to provide this assistance; provided further, that in awarding said grants, the executive office of health and human services, in consultation with the Health Care Reform Outreach and Education Unit, shall provide written guidance to selected grantees with specific strategies of how to expend funds in the most efficient manner to target populations and avoid duplication of activities, including examples of best practices among prior year outreach grant recipients; and 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 2009 by February 2, 2009, and the extent to which any portion of resulting expenditures are eligible for federal reimbursement $3,500,000
4000-0355.. For the operation of a health care quality and cost council established in section 16K of chapter 6A of the General Laws to promote high-quality, cost-effective, patient-centered care; provided, that the council shall file quarterly reports with the house and senate committees on ways and means delineating the progress made pursuant to the goals stated in said section 16K of said chapter 6A $1,888,616
The Governor disapproved the following language.
4000-0360 . For the health care quality and cost council established
pursuant to section 16K of chapter 6A of the General Laws; provided further,
that the council may expend an amount not to exceed $100,000 from the monies
received from the sale of data reports; 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 council may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lesser of this authorization and the most recent revenue estimate as reported
in the state accounting system...... $100,000
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.......................................... $111,900,000
The Governor has reduced the following item and struck out certain language.
4000-0500.. For health care services provided to medical assistance recipients
under the executive office’s primary care clinician/mental health and substance
abuse plan or through a health maintenance organization under contract with the
executive office and for MassHealth benefits provided to children, adolescents
and adults under clauses (a) to (d), inclusive and clause (h) of subsection (2)
of section 9A and section 16C 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; provided further, that expenditures from this item shall be made
only for the purposes expressly stated herein; provided further, that not less
than $2,000,000 shall be expended to an acute care hospital located in Holyoke
that provides clinical training programs for nurses, allied health
professionals and technicians through affiliations with community colleges and
private universities; provided further, that the secretary 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 shall continue to
study the feasibility of modifying its claim payment system, in collaboration
with the MassHealth behavioral health contractor, to routinely process for
payment valid claims for medically-necessary covered medical services to
eligible recipients with psychiatric and substance abuse diagnoses on a timely
basis in an effort to avoid delay and expenses incurred by lengthy appeals
processes; provided further, that said secretary shall report to the house and
senate committee on ways and means any proposed modifications to said payment
system, and a timeline of steps to be taken to implement said modifications;
provided further, that notwithstanding any general or special law to the
contrary, the secretary of health and human services shall not reassign to a
managed care plan under contract with the office of MassHealth the behavioral
health benefit of any eligible person when the benefit is managed by
MassHealth’s specialty behavioral health managed care contactor, after the
benefit is elected by or initially assigned to that person, unless the person
provides written or verbal consent to the reassignment; provided further, that
the executive office shall implement payments required pursuant to chapter 58
of the acts of 2006 for the public entity in fiscal year 2009; provided
further, that not less than $10,000,000 shall be expended as payments for
pediatric specialty hospitals and units, including pediatric chronic
rehabilitation hospitals; provided further, that $8,000,000 of said $10,000,000
shall be expended for disproportionate share payments for inpatient services
provided at pediatric specialty hospitals and units, including pediatric
chronic and rehabilitation long-term care hospitals as allowable under federal
law; provided further, that $2,000,000 of said $10,000,000 shall be expended
for a grant to said pediatric chronic and rehabilitation long-term care
hospitals for which federal financial participation and federal approval need
not be obtained; and provided further, that $5,950,000 shall be expended on
disproportionate share payments to high public payer hospitals............ $3,141,085,000 $3,121,385,000
Executive Office Of Elder Affairs.
The Governor has reduced the following item and struck out certain language.
4000-0600.. For health care services provided to MassHealth members who
are seniors, and for the operation of the senior care options program under
section 9D of chapter 118E of the General Laws; provided, that funds may be
expended from this item for health care services provided to these recipients
in prior fiscal years; provided further, that funds shall be expended for the
‘community choices’ initiative; provided further, that no payment for special
provider costs shall be made from this item without the prior written approval
of the secretary of administration and finance; provided further, that benefits
for this demonstration project shall not be reduced below the services provided
in fiscal year 2008; provided further, that the eligibility requirements for
this demonstration project shall not be more restrictive than those established
in fiscal year 2008; 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 2009 delineated by the
federal poverty level; provided further, that the report shall be submitted not
later than February 2, 2009; provided further, that notwithstanding any general
or special law to the contrary, not less than $5,000,000 shall be expended from
this item for the purpose of providing an increase to $72.80 per month in the
personal needs allowance for individuals residing in nursing homes and rest
homes who are eligible for MassHealth, Emergency Aid to the Elderly Disabled
and Children program or Supplemental Security Income; provided further, that
notwithstanding any general or special law to the contrary, the regulations,
criteria and standards for determining admission to and continued stay in a
nursing home in fiscal year 2009 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, care management under section 3 of chapter 211 of the Acts of
2006 shall be implemented through Aging & Disability Resource Consortiums,
which shall include a combination of one or more Aging Services Access Points
and Independent Living Centers, and section 2 of section 211, the pre-admission
counseling and assessment program, established pursuant to the last paragraph
of section 9 of chapter 118E of the General Laws, shall be implemented through
the development of said aging and disability resource consortiums; provided
further, that notwithstanding any general or special law to the contrary, for
any nursing home or non-acute chronic disease hospital that provides kosher
food to its residents, the department, in consultation with the division, in
recognition of the unique special innovative program status granted by the
executive office, shall continue to make the standard payment rates established
in fiscal year 2006 to reflect the high dietary costs incurred in providing
kosher food; provided further, that funds shall be expended 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
care-giving services to an elder; 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; provided further that
effective July 1, 2008 for the fiscal year ending June 30, 2009, the division
of health care finance and policy shall establish nursing facility MassHealth
rates that are $45 million in payments above the payments made to nursing
facilities for the fiscal year ended 2008, for the purpose of funding
inflationary labor and benefit costs, funded by any additional funds that may
become available in this item due to a decrease in Medicaid utilization and
that are not otherwise projected to be expended for other services from this
item; provided further, that in the event said additional funds that may become
available in this item do not total at least $45 million, said nursing facility
MassHealth rate increase shall be proportionally reduced; provided further,
that the secretary of elder affairs and the director of the office of Medicaid
shall report monthly to the secretary of administration and finance and to the
house and senate committees on ways and means the total projected expenditures
from this item and the extent to which said $45 million nursing facility
MassHealth rate increase may be funded in fiscal year 2009; and provided
further, that the secretary of elder affairs and the director of the office of
Medicaid shall provide a monthly report to the secretary of administration and
finance and to the house and senate committees on ways and means showing
Medicaid nursing facility utilization in the current fiscal year compared to
Medicaid nursing facility utilization in the same period for the prior
fiscal year................................................... $2,175,860,000 $2,158,355,058
The Governor disapproved the following language.
4000-0640.. For nursing facility Medicaid rates; provided, that
notwithstanding any general or special law to the contrary, in fiscal year 2009
the division of health care finance and policy shall establish nursing facility
Medicaid rates that cumulatively total $288,500,000 more than the annual
payment rates established by the division under the rates in effect as of
June 30, 2002
; provided
further, that the division shall adjust per diem rates to reflect any
reductions in Medicaid utilization; provided further, that $287,950,000 shall
be expended for the purposes of Medicaid per diem rate payments to nursing
homes participating in the MassHealth program for services provided to
MassHealth members during fiscal year 2009; provided further, that the payments
made pursuant to this item shall be allocated in the following manner in fiscal
year 2009: (1) effective July 1, 2008, an annual amount of $99,000,000 in the
aggregate to fund the use of 2000 base year cost information for rate
determination purposes; provided, that not more than $9,000,000 of this amount
shall be expended for purposes of reimbursing nursing facilities for up to 10
bed hold days for patients of the facility on medical and non-medical leaves of
absence; (2) effective July 1, 2008, an annual amount of $122,500,000 for
enhanced payment rates to nursing homes; (3) effective July 1, 2008, an annual
amount of $50,000,000 to fund a rate add-on for wages, hours and benefits and
related employee costs of direct care staff of nursing homes; provided further,
that as a condition for such rate add-on, the division shall require that each
nursing home document to the division that such funds are spent only on direct
care staff by increasing the wages, hours and benefits of direct care staff,
increasing the facility’s staff-to-patient ratio, or by demonstrably improving
the facility’s recruitment and retention of nursing staff to provide quality
care, which shall include expenditure of funds for nursing facilities which
document actual nursing spending that is higher than the median nursing cost
per management minute in the base year used to calculate Medicaid nursing
facility rates; provided further, that a facility’s direct care staff shall
include all nursing personnel including registered nurses, licensed practical
nurses, and certified nurses’ aides hired by the facility from any temporary
nursing agency or nursing pool registered with the department of public health;
provided further, that the division shall credit wage increases that are over
any previously collectively-bargained wage increases; provided further, that in
monitoring compliance for this rate add-on, the division’s regulations shall
adjust any spending compliance test to reflect any Medicaid nursing facility
payment reductions including, but not limited to, rate reductions imposed on or
after October 1, 2002; provided further, that the expenditure of these funds
shall be subject to audit by the division in consultation with the department
of public health and the executive office of health and human services;
provided further, that in implementing this section, the division shall consult
with the Nursing Home Advisory Council; (4) effective July 1, 2008, an annual
amount of $16,450,000: (a) to fund rate adjustments for reasonable capital
expenditures by nursing homes, giving priority to nursing homes located or
constructed in under-bedded areas as determined by said executive office, in
consultation with the division, that meet quality standards established by the
executive office of health and human services in conjunction with the
department of public health and the division for the purposes of encouraging
the upgrading and maintenance of quality of care in nursing homes; and (b) to
fund rate adjustments to eligible nursing homes that meet utilization standards
established by the executive office of health and human services in conjunction
with the division for the purpose of reducing unnecessary nursing home
admissions and facilitating the return of nursing homes residents of
non-institutional settings; provided further, that to the extent that the
annual amount of $16,450,000 in this clause is not fully allocated, the division
shall first provide operating or capital rate adjustments for publicly
operated, urban and geographically-isolated nursing homes; 5) $300,000 for the
purposes of an audit of funds distributed under clause (3); provided further,
that the division, in consultation with the department of public health and
with the assistance of the executive office of health and human services, shall
establish penalties sufficient to deter noncompliance to be imposed against any
facility that expends any or all monies in violation of clause (3) including,
but not limited to, recoupment, assessment of fines or interest; provided
further, that the division shall report to the house and senate committees on
ways and means not later than October 1, 2008 a preliminary analysis of funds
expended under this subsection in fiscal year 2008 and a description and
timeline for auditing of these funds; (6) $250,000 to fund expenses of the
division related to the implementation and administration of section 25 of
chapter 118G of the General Laws; and (7) an amount sufficient to implement
section 622 of chapter 151 of the acts of 1996; and provided further, that any
additional funds that may become available through this item due to decreased
Medicaid utilization shall first fund a per-diem rate add-on for large Medicaid
providers as specified in 114.2 CMR 6.06 (10)(a), as in effect on
September 1, 2003
and then
fund further enhanced rates to nursing homes ....................................... $288,500,000
4000-0650.. For community-based services for elderly and disabled individuals under age 65 provided under the Community First section 1115 demonstration waiver or for costs necessary to prepare for or implement the waiver; provided, that not more than $5,000,000 may be expended from this item for the purpose of the Rolland vs Cellucci Settlement for the fiscal year 2009............................................. $20,000,000
The Governor reduced the following item and changed the following language.
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, and for MassHealth
benefits provided to children, adolescents and adults under clauses (a) to (d),
inclusive and clause (h) of subsection (2) of section 9A and section 16C of
chapter 118E of the General Laws; provided, that no payments for special
provider costs shall be made from this item without the prior written approval
of the secretary of administration and finance; provided further, that no funds
shall be expended from this item for children and adolescents under clause (c)
of said subsection (2) of said section 9A of said chapter 118E whose family
incomes, as determined by the executive office, exceeds 150 per cent of the
federal poverty level; provided further, that children who have aged out of the
custody of the department of social services shall be eligible for benefits
until they reach age 21; provided further, that funds may be expended from this
item for health care services provided to the recipients in prior fiscal years;
provided further, that 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 the executive office may reduce
MassHealth premiums or copayments or offer other incentives to encourage
enrollees to comply with wellness goals; provided further, the executive office
shall report annually to the joint committee on health care financing and the
house and senate committees on ways and means on the number of enrollees who
met at least 1 wellness goal, any reduction of copayments or premiums, and any
other incentives provided because enrollees met wellness goals; provided
further, that the executive office shall not, in fiscal year 2009, fund
programs relating to case management with the intention of reducing length of
stay for neonatal intensive care unit cases; provided further, that funds may
be expended from this item for activities relating to disability determinations
or utilization management and review, including patient screenings and
evaluations, regardless of whether such activities are performed by a state
agency, contractor, agent or provider; 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, 2009 detailing the activities described in the preceding proviso to be
expended from this item during fiscal year 2009; provided further, that not
less that $10,000,000 shall be expended to pay for an increase in Medicaid
rates for community health centers, as defined in section 1 of chapter 118G of
the General Laws; and provided further, that not less than $5,000,000 shall be
expended for a medical home demonstration program that shall provide targeted,
accessible, continuous and coordinated family-centered care to high need
populations including, but not limited to, those with multiple chronic
illnessed that require regular monitoring, advising or treatment $1,549,816,000 $1,535,816,000
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 the recipients in prior fiscal years..................... $122,700,000
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 those benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level, subject to continued federal approval; provided further, that eligibility for the benefits shall be extended solely for the duration of the cancerous condition; provided further, that before the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer 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; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years....................... $5,500,000
4000-0880.. For MassHealth benefits under clause (c) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws as amended by chapter 58 of the acts of 2006 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 ................... $211,100,000
4000-0890.. For the cost of health insurance premium subsidies paid to employees of small businesses participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws, as amended by chapter 58 of the acts of 2006 ...................... $ 40,300,000
4000-0891.. For the cost of health insurance subsidies paid to employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office shall directly market the program to private human service providers that deliver human and social services under contract with departments within the executive office and the executive office of elder affairs for the purpose of mitigating health insurance costs to the employers and their employees; provided further, that the executive office of health and human services 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 percentage of the employers who purchased health insurance for employees prior to participating in the program and total monthly expenditures delineated by payments to small employers and self-employed persons for individual, 2-person family and family subsidies; and provided further, that the executive office of health and human services shall seek federal reimbursement for the payments to employers............ $5,200,000
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, that the executive office shall, not later than February 16, 2009 , report to the house and senate committees on ways and means on the population served by the program delineated by the federal poverty level; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years $19,400,000
4000-0990.. For the children’s medical security plan to provide primary and preventive health services for uninsured children from birth through age 18; provided, that the executive office shall prescreen enrollees and applicants for Medicaid eligibility; provided further, that no applicant shall be enrolled in the program until the applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children’s medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of the children; provided further, that the executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10F of chapter 118E of the General Laws; provided further, that the maximum benefit levels for this program shall be made available only to those children who have been determined by the executive office to be ineligible for MassHealth benefits; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years......................... $16,500,000
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.................................... $16,591,488
4000-1405.. 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 of the MassHealth program established in section 9A of chapter 118E of the General Laws; provided further, that persons eligible under subsection (7) of section 16D of said chapter 118E shall be also eligible to receive benefits under this item; provided further, that the income of such persons shall not exceed 100 per cent of the federal poverty level; provided further, that 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, shall be restricted to certain providers; provided further, that the secretary may limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided further, however, that no such limitation shall be implemented unless the secretary has given 90 days notice to the house and senate committees on ways and means and the joint committee on health care financing; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years.................. $304,600,000
4000-1420.. For the purposes of making payment to the federal Centers for Medicare and Medicaid Services in compliance with Title XIX of the Social Security Act, as amended by the Medicare Prescription Drug Improvement and Modernization Act of 2003........................ $238,900,000
Office for Refugees and Immigrants.
4003-0122.. For a Citizenship for New Americans Program to assist legal permanent residents in the commonwealth in becoming citizens of the United States; provided, that the office for refugees and immigrants shall administer the program; provided further, that said program shall be provided through community-based organizations to the maximum extent possible as determined by the office for refugees and immigrants; provided further, that the program funded by this item shall provide assistance to persons who are within 3 years of eligibility to become citizens of the United States; provided further, that services shall be designed to include: ESOL/civics classes, citizenship application assistance, interview preparation and support services such as interpretation and referral services................................................. $650,000
Division of Health Care Finance and Policy.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4100-0060.. For the operation of the division and the administration of
the Health Safety Net Trust Fund established in section 36 of chapter 118G of
the General Laws; provided, that notwithstanding any general or special law to
the contrary, the assessment to acute hospitals authorized pursuant to section
5 of said chapter 118G for the estimated expenses of the division shall include
in fiscal year 2009, 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 2009 from: (a) filling fees;
(b) fees and charges generated by the division’s publication or dissemination
of reports and information; and (c) federal financial participation received as
reimbursement for the division’s administrative costs; provided further, that
the assessed amount shall not be less than 65 per cent of the total expenses
appropriated for the division in the health safety net office; provided
further, that the division shall promulgate regulations requiring all hospitals
receiving payments from the Health Safety Net Trust Fund 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 reports to the house and senate committees on ways and
means 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 the
division shall publish annual reports on the financial condition of hospitals
and other health care providers through the Health Benchmarks project website,
in collaboration with the executive office of health and human services, the
office of the attorney general, and the University of Massachusetts; provided
further, that the division shall submit to the house and senate committees on
ways and means and the joint committee on health care financing not later than
December 8, 2008 a report detailing utilization of the Health Safety Net Trust
Fund; provided further, that the report shall include: (a) the number of
persons in the commonwealth whose medical expenses were billed to the Health
Safety Net Trust Fund in fiscal year 2008; (b) the total dollar amount billed
to the Health Safety Net Trust Fund in fiscal year 2008; (c) the demographics
of the population using the Health Safety Net Trust Fund and (d) the types of
services paid for out of the Health Safety Net Trust Fund in fiscal year 2008;
provided further, that the division shall include in the report an analysis on
hospitals’ responsiveness to enrolling eligible individuals into the MassHealth
program upon the date of service rather than charging those individuals to the
Health Safety Net Trust Fund; provided further, that the division shall include
in the report possible disincentives the state could provide to hospitals to
discourage such behavior; provided further, that 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 the
division shall prepare a report on the savings realized by the MassHealth
Pharmacy Program, for the first 3 months of fiscal year 2009, as a result of
the reimbursement rate reductions for multiple source drugs for which upper
limits have been set by the federal centers for Medicare and Medicaid services;
provided further, that using said data, the division shall also estimate the
program savings for fiscal year 2009; provided further, that the division shall
forward a copy of this report to the secretary of administration and finance,
and to the house and senate committees on ways and means no later than November
15, 2008; provided further the division, after consultation with the secretary
and the chairs of the senate and house committees on ways and means, may adjust
pharmacy dispensing fees for multiple source prescription drugs to compensate
for any reduction as a result of the upper limits implemented under the Deficit
Reduction Act of 2005; provided further, that the division shall submit to the
house and senate committees on way and mean and the joint committee on heath
care financing, not later than December 8, 2008, a report detailing rate or
other payment appeals submitted to the division by skilled nursing facilities
and rest homes including: (a) the initial date of appeal; (b) the amount of
payment in dispute; (c) the status of each appeal; and (d) the
commonwealth’s response and date issued; provided further, that not less than
$500,000 shall be expended to examine the factors that contribute to the cost
increases of the health care delivery system and strategies employed by the
provider community to reduce cost growth; provided further, that in preparing
its report the division shall conduct a public hearing on the matter; and
provided further, that the division shall submit its findings to the joint
committees on health care financing and the house and senate committees on ways
and means no later than February 16, 2009; provided further, that the division
shall provide a quarterly report on the projected costs and enrollment figures
of Commonwealth Care and shall file the report with the clerks of the senate
and house of representatives....................................... $17,513,039
OFFICE OF DISABILITIES
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, 4110-3010 and 4110-4000; provided further, that the amount transferred from any of those items 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 2009 that extend or expand services beyond the level of services provided in fiscal year 2008 shall not annualize above those amounts in fiscal year 2010................................................... $1,168,989
4110-1000.. For the community services program; provided, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network; provided further, that not less than $500,000 shall be expended for the talking information center; provided further, that not less than $450,000 shall be expended for the deaf-blind community access network; provided further, that not less than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and provided that not less than $150,000 shall be expended to provide adaptive technology services for school-age children who are blind to ensure increased competence in the use of technological equipment and academic and professional development and self sufficiency $4,545,633
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 $369,796
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...................................................... $10,663,291
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 $3,045,455
4110-4000.. For the administration of the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to three-fourths of the salaries of current workshop employees; and provided further, that any funds received for goods and services purchased by private and public sector entities at Ferguson Industries shall be remitted to the General Fund.................. $1,923,538
Massachusetts Rehabilitation Commission.
4120-1000.. For the operation of the commission; provided, that the commissioner may transfer funds between items 4120-1000, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided further, that the amount transferred from any of those items 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 2009 shall not annualize above those amounts in fiscal year 2010; 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... $647,128
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
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
neighborhood of Boston for people with disabilities and provided further that
not less $100,000 shall be expended for services provided by the
Life Focus Center in the Charlestown neighborhood of Boston.................... $10,982,471
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
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 neighborhood
of Boston for people with disabilities; and provided further, that not less
than $100,000 shall be expended for the Charlestown Navy Yard project for
disabled adults in the Charlestown neighborhood of Boston ................................ $8,561,446
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4120-4000.. For independent living assistance service; provided, that
$3,840,000 shall be expended for the independent living centers contracted with
the commission; provided further, that not less than $949,295 shall be expended
for assistive technology devices and training for individuals with severe
disabilities; provided further, that not less than $200,000 shall be expended
for the SHARE Foundation at the University of Massachusetts at Dartmouth;
provided further, that not less than $100,000 shall be expended for the Joseph
F. Timilty Adult Day Health and Memory Loss Center; and provided further, that
not less than $25,000 shall be expended on Living Independently for Equality, Inc.
of Brockton for the operation of participants to meet other physically
challenged individuals and take part in a number of therapeutic activities...................................................... $12,449,034
4120-4001.. For the housing registry for the disabled ................ $88,889
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 $1,572,888 in state fiscal year 2010 ....... $884,393
4120-5000.. For homemaking services ............................... $5,868,362
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
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; 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................ $10,933,588
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 ........... $5,783,283
4125-0102.. For the costs associated with the provision of interpreter services for the deaf and hard of hearing at state house public hearings and events .......................................................... $12,120
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 2008; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2009; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after December 1, 2008 ; and provided further, that after December 1, 2008 , no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services.............................................. $26,968,587
4180-1100.. The Soldiers’ Home in Massachusetts may expend not more than $300,661 in revenues for facility maintenance and patient care, including personnel costs; provided, that 60 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; provided further, that the Soldiers’ Home may accept gifts, grants, donations and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued $300,661
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 2008; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2009 except those associated with the use of telephones and televisions; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services.............................................. $20,322,654
4190-0101.. For the Soldiers’ Home in Holyoke which may expend for its operation an amount not to exceed $82,709 from the licensing of the property for placement of aerial antennas.............................. $82,709
4190-0102.. The Soldiers’ Home in Holyoke may expend for the outpatient pharmacy program an amount not to exceed $150,805 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 2008.............................. $150,805
4190-0200.. The Soldiers’ Home in Holyoke may expend not more than $25,000 from fees collected from veterans in its care for the purposes of providing television and telephone services to residents; provided, that fees from the use of telephones and televisions shall only be expended for payments to vendors for said services .................... $25,000
4190-1100.. For the Soldiers’ Home in Holyoke which may expend not more than $225,000 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; provided further, that the Soldiers’ Home may accept gifts, grants, donations, and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued $225,000
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 elementary and secondary education in order to align curriculum at the department of youth services with the statewide curriculum frameworks and to ease the reintegration of youth from facilities at the department of youth services into regular public school settings; provided further, that the department shall continue to execute its education funding initiative; provided further, that the commissioner of youth services, in conjunction with the department of elementary and secondary education, shall submit a report on progress made and projected needs in fiscal years 2009 and 2010 to the house and senate committees on ways and means by December 1, 2008 ; and provided further, that the department shall expend not more than $300,000 on the juvenile case management system ................................................ $5,657,621
4200-0100.. For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that not less than $300,000 shall be expended to provide career services to youth in the department’s care; provided further, that funding shall be expended for the restoration of the Northeast Region; provided further, that not less than $400,000 shall be expended for the Boston juvenile re-entry program; provided further, 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 to the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer . $22,828,627
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.............................................. $25,719,287
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 to address the needs of the female population; provided further, that funds shall be expended to address suicide prevention; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after March 15, 2009 ; and provided further, that after March 15, 2009 , no charge or contract shall be made with alternate vendors to provide pharmacy services other than the state office of pharmacy services; provided further, that not less than $600,000 shall be expended on vocational training in order to reduce recidivism; provided further, that the commissioner may transfer up to 7 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..................................................... $105,563,546
4200-0500.. For the department of youth services’ education system; provided, that not less than $3,300,000 shall be expended for the enhancement of salaries for teachers ................................. $3,300,000
Department of Transitional Assistance.
4400-1000.. For the central administration of the department of transitional assistance; provided, that during fiscal year 2009 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 department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the executive office of health and human services for a determination of eligibility under said chapter 118E; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and redeterminations; provided further, that the department shall report to the house and senate committees on ways and means no later than December 15, 2008 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; and provided further that not less than $800,000 shall be expended for the operation of the homeless management information system.................................... $68,136,719
4400-1001.. For programs to increase the commonwealth’s participation rate in food stamps and other federal nutrition programs; provided, that not less than $1,500,000 shall be expended for a grant with Project Bread-The Walk for Hunger, Inc. which shall be solely responsible for administering a comprehensive, community-based program to alleviate and prevent hunger and to expand participation in federal nutrition programs; provided further, that Project Bread shall focus on communities in Massachusetts with the highest rates of hunger as defined by the United States Census Bureau; provided further, that Project Bread shall develop a strategic plan to alleviate hunger; provided further, that Project Bread shall support research relative to the prevention and effect of hunger; provided further, that not less than $250,000 shall be expended for the Food Source Hotline; provided further, that the work of department employees paid for from this item shall be restricted to processing food stamp applications; provided further, that the department shall not require food stamp applicants to provide re-verification of eligibility factors previously verified and not subject to change; provided further, that, notwithstanding any general or special law to the contrary, the department shall require only 1 signature from food stamp applicants; provided further, that the department shall report to the house and senate committees on ways and means not later than December 1, 2008 on the status of these programs; provided further, that Project Bread shall file with the clerk of the house of representatives and the clerk of the senate an annual report on the status of hunger in the commonwealth and a detailed explanation of the hunger prevention strategies that have been developed and implemented not later than December 1, 2008; provided further, that the department shall fund a unit staffed by department employees to respond to food stamp inquiries, and arrange for and conduct telephone interviews for initial food stamp applications from this item; provided further, that the department shall fund a system to image and catalogue eligibility documents electronically from this item; and provided further, that not less than $350,000 shall be expended for food stamp outreach............................................... $2,932,760
4400-1025.. For domestic violence specialists at local area offices . $722,345
4400-1100.. For the payroll of the department’s caseworkers; provided, that only employees of bargaining unit eight shall be paid from this item ...................................................... $58,872,706
4401-1000.. For employment and training services, including support services, for recipients of benefits provided under the transitional aid to families with dependent children; provided, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits; provided further, that not less than $4,600,000 shall be expended for the Young Parents Program; and provided further, that certain parents who have not yet reached the age of 18 years, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents' income, shall be eligible to receive services $27,720,672
4401-1100.. For the department of transitional assistance which may expend not more than $7,000,000 from federal bonuses and from reimbursements received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependant children................ $7,000,000
4403-2000.. For a program of transitional aid to families with dependent children; provided, that notwithstanding any general or special law to the contrary, benefits under the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits; provided further, that notwithstanding any general or special law, or any provisions of this act to the contrary, no benefits under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year 2008 unless the department determines that a reduction in the monthly payment standard should be implemented before the end of the fiscal year to keep program expenditures within the amounts appropriated in this item; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under subsection (e) of section 110 of chapter 5 of the acts of 1995, or any successor statute, shall be 2.75 per cent below the otherwise applicable payment standard, in fiscal year 2009, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify parents under the age of 20 receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5 of the acts of 1995, or any successor statute; provided further, that a $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that a nonrecurring children’s clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September 2008; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September 2008; 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 under chapter 119 of the General Laws, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of 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 the payments are to be made or within the 3 month period after the month of payment, and who, if the child had been born and was living with 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 the loss; provided further, that the department shall review its disability standards to determine the extent to which they reflect current medical and vocational criteria and report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the results of that review before any changes to the standards are proposed; provided further, that no funds from this item shall be expended by the department for child care or transportation services for the employment and training program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that the department shall provide oral and written notification to all recipients of their child care benefits at the time of application and on a semi-annual basis; provided further, that the notification shall include the full range of child care options available, including center-based child care, family-based child care, and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits, 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 not less than $418,074 shall be expended for the purposes of the operation of the transportation assistance program operated by Traveler’s Aid Family Services; provided further, that not less than $150,000 shall be expended for the lift transportation program operated by Traveler’s Aid Family Services; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a detailed and comprehensive report setting forth the text of, basis, and reasons for the proposed changes; and provided further, that the report shall state the department’s most accurate assessment of the probable effects of benefit or eligibility changes upon recipient families.............................. $302,742,675
4403-2007.. For the department of transitional assistance to develop and implement a nutritional benefit program for low-income workers; provided, that benefits shall be provided only to those for whom receiving these benefits will improve the work participation rate under the federal program of temporary assistance for needy families .... $1,200,000
4403-2119.. For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995, or any successor statute, for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program ....................................................... $6,927,953
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4403-2120.. 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, Hampden 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 may 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, that if the closest available placement is not
within 20 miles of the household’s home community, the household shall be
transferred to an appropriate shelter within 20 miles of its home community at
the earliest possible date unless the household requests otherwise; provided
further, that eligibility for shelter by an otherwise eligible family shall not
be impaired by prior receipt of any non-shelter benefit; provided further, that
the department shall make every effort to ensure 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 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 shelter benefits received
under the preceding proviso shall not render a family ineligible under any
regulation providing that a family who previously received shelter is
ineligible for shelter benefits for a period of 12 months; provided further,
that families receiving such shelter benefits who are found not to be eligible
for continuing shelter benefits shall be eligible for aid pending a timely
appeal pursuant to section 16 of chapter 18 of the General Laws; 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 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 on the emergency assistance
family shelter program; provided further, that the report shall contain the
same data required in this item in chapter 139 of the acts of 2006; provided
further, that the Massachusetts Coalition for the Homeless First Stop
Homelessness Prevention Initiative and the Horizons for Homeless Children
Playspace Program shall receive not less than the same amount of funding as in
fiscal year 2008; provided further, that not less than $1,668,180 shall be
expended for the Housing Assistance Program operated by Community Action
Programs Inter-City, Inc.; provided further, that contract (RPO) SCWELL
4092500010000 with Open Pantry Community Services, Inc., be an amount not less
than $545,195; provided further, that an amount not less than $179,381 shall be
expended for the Crossroads Family Shelter in East Boston; provided further,
that not less than $100,000 shall be expended for a contract with Project Just
Because, a non-profit organization in the town of Hopkinton, to assist in
providing food, supplies, and services to the indigent and those in danger of
becoming homeless across the MetroWest region; provided further, that not less
than $50,000 shall be expended for the Weymouth Youth and Family Services Teen
Center to provide for advocacy, social service programs and to promote growth,
social welfare and education; provided further, that $25,000 shall be expended
for education, advocacy and case management services by Casa Latina, located in
the City of Northampton; and provided further, that not less than $25,000 shall
be expended for the River House shelter in Beverly.................... $87,224,342
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 ...................................... $219,304,536
4406-3000.. For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to the homeless and indigent; provided, that 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 organizations which received funds through this item in fiscal year 2008 shall receive not less than that same percentage share of this appropriation in fiscal year 2009; provided further, that no funds shall be expended for costs associated with the homeless management information system; and provided further, that funds appropriated to this item from item 1599-6901 shall be calculated and distributed separately from any additional rate increase provided...................................................... $36,281,684
4406-3010.. For a grant to the Home and Healthy for Good program operated by the Massachusetts Housing and Shelter Alliance for the purpose of reducing the incidence of chronic homelessness in the commonwealth; provided, that the Massachusetts Housing and Shelter Alliance shall be solely responsible for the administration of this program; provided further, that the Massachusetts Housing and Shelter Alliance shall file a report with the clerks of the house and senate, the commissioner of the department of transitional assistance, and the chairs of the house and senate committees on ways and means no later than March 2, 2009 , detailing the implementation of this program; and provided further, that the report shall include information on the number of people served, the average cost per participant, the demographics of those served, whether participants have previously received government services and any projected cost-savings in other state-funded programs . $1,200,000
4408-1000.. For a program of cash assistance to certain residents of the commonwealth, entitled emergency aid to the elderly, disabled and children found by the department to be eligible for the aid under chapter 117A of the General Laws and regulations promulgated by the department and subject to the limitations of appropriation therefore; provided, that benefits under this item shall only be provided to residents who are citizens of the United States or qualified aliens or non-citizens otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that the individual shall not be a subject to sponsor income deeming or related restrictions; provided further, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year 1991; provided further, that the department may provide benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a medically-determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual’s capacity to support himself and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under said chapter 118 and under the separate program; provided further, that no ex-offender, person over age 45 without a prior work history or person in a residential treatment facility shall be eligible for benefits under this program unless the person otherwise meets the eligibility criteria described in this item and defined by regulations of the department; provided further, that no person incarcerated in a correctional institution shall be eligible for benefits under the program; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall adopt emergency regulations under chapter 30A of the General Laws to implement the changes to this program required by this item promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted in this item at the payment standard in effect for the former general relief program in fiscal year 1991; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the amount appropriated in this item; provided further, that the department may promulgate emergency regulations under chapter 30A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing in this item shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that reimbursements collected from the Social Security Administration on behalf of former clients of the emergency aid to the elderly, disabled and children program or unprocessed payments from the program that are returned to the department shall be credited to the General Fund; provided further, that notwithstanding any general or special law to the contrary, the funds made available in this item shall be the only funds available for the program, and the department shall not spend funds for the program in excess of the amount made available in this item; and provided further, that, notwithstanding any general or special law to the contrary, 60 days before implementing any eligibility or benefit changes, the commissioner shall file with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the proposed changes............. $72,476,084
OFFICE OF HEALTH SERVICES.
Department of Public Health.
4510-0100.. For the operation of the department; provided, that the department of public health shall report to the joint committee on public health, the joint committee on health care financing, and the house and senate committees on ways and means not later than February 2, 2009 , on the impact of increased private and public health insurance coverage, pursuant to chapter 58 of the acts of 2006, and on the utilization and financial needs of public health programs; and provided further, that the report shall include, but not be limited to, the following: (a) an estimate of cost-savings to public health programs generated by increased public and private health insurance coverage in the commonwealth; (b) an assessment of the utilization of public health programs since 2006 including, early intervention services, state laboratory testing services, communicable disease testing services, HIV and AIDS-related services, substance abuse treatment services, family planning services, immunizations, and disease prevention and management services; (c) an assessment of the extent to which health insurance carriers offer benefits coverage for health services provided by public health programs; and (d4) any regulatory, legislative and other recommendations necessary to identify and recoup payment for public health services from liable private insurance carriers and other parties in order to minimize costs to the commonwealth........ $21,911,667
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 $35,000 shall be expended from revenues associated with grant and development activities ............................................... $35,000
The Governor has reduced the following item by $307,981
4510-0110.. For community health center services; provided, that no
funds shall be expended in the AA object class; provided further, that
$1,000,000 shall be expended for the managed care program at community health
centers known as CenterCare; 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);
provided further, that $300,000 shall be expended for medical respite services
provided by the Boston health care for the homeless program; provided further,
that not less than $200,000 shall be expended for the Community Health Center
of Cape Cod; provided further, that not less than $150,000 shall be expended
for the Duffy Health Center; provided further, that not less than $150,000
shall be expended for the Manet Community Health Center; provided further, that
not less than $125,000 shall be expended for Merrimack Valley Hospice Home Care;
and provided further, that $40,000 shall be expended for the Dismas House at
the Worcester county house of correction $7,765,753 $7,457,772
4510-0600.. For an environmental and community health hazards program, including control of radiation and nuclear hazards, consumer products protection, food and drugs, lead poisoning prevention in accordance with chapter 482 of the acts of 1993, lead-based paint inspections in day care facilities, inspection of radiological facilities, licensing of x-ray technologists and the administration of the bureau of environmental health assessment pursuant to chapter 111F of the General Laws 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 $195,000 shall be expended for the purpose of the director of the bureau of environmental health assessment of the department 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 2, 2009; provided further, that the department shall file a report with the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing, on the status of local health inspections of food establishments, consistent with the department of public health food safety regulations and a report on the current waiting list for indoor air inspections by October 1, 2008; provided further, that not more than $14,800 shall be allocated to the Franklin Regional Council of Governments for costs associated with the regional public health program; provided further, that $150,000 shall be expended for the completion of the comprehensive study of the exposure routes and patterns of contaminants in the Maple Meadowbrook Aquifer migrating to and affecting the Wilmington drinking water supply and the study of incidents of childhood cancer in the town of Wilmington; and provided further, that not less than $75,000 shall be expended for the purposes of research and prevention activities associated with Lyme Disease to be conducted by the Barnstable County Department of Health and The Environment ................................... $4,133,923
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 $1,426,652 from fees collected from licensing and inspecting users of radioactive material within the commonwealth under licenses presently issued by the Nuclear Regulatory Commission; provided further, that the revenues may be used for the costs of both programs, including the compensation of employees; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ........................... $1,576,652
4510-0616.. The department may not expend more than $608,831 for a drug registration and monitoring program from revenues collected from fees charged to registered practitioners, including physicians, dentists, veterinarians, podiatrists and optometrists for controlled substance registration; provided, that funds may be expended from this item for the costs of personnel; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................. $608,831
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4510-0710.. For the operation of the division of health care quality
and the office of patient protection; provided, that the division shall be responsible
for assuring the quality of patient care provided by the commonwealth’s health
care facilities and services, and for protecting the health and safety of
patients who receive care and services in nursing homes, rest homes, clinical
laboratories, clinics, institutions for the mentally retarded and the mentally
ill, hospitals and infirmaries, including the inspection of ambulance services;
provided further, that investigators shall conduct investigations of abuse,
neglect, mistreatment and misappropriation; provided further, that all
investigators in the division of health care quality responsible for the
investigations shall receive training by the Medicaid fraud control unit in the
office of the attorney general; provided further, that the division shall
continue a comprehensive training, education and outreach program for nursing
home administrators and managers and other supervisory personnel in long-term
care to improve the quality of care in long-term care facilities; provided
further, that the program shall promote the use of best practices, models of
quality care giving and the culture of workforce retention within the
facilities and shall focus on systemic ways to reduce deficiencies; provided
further, that investigators shall conduct investigations of abuse, neglect,
mistreatment and misappropriation; provided further, that all investigators in
the division of health care quality responsible for the investigations shall
receive training by the Medicaid fraud control unit of the office of the attorney
general; provided further, that services funded through this item shall
include, but not be limited to: education, training, intervention, support,
surveillance and evaluation; provided further, that the department shall report
to the house and senate committees on ways and means on the results of the
program not later than April 30, 2009; provided further; that not less than
$100,000 be expended to oversee the operation and administration of the
Massachusetts primary stroke Service Designation Hospital programs established
by 105 CMR (130.1400), provided that all fund shall be used for the purpose of
collecting and analyzing data from all primary stroke service designated
hospitals in the commonwealth and for a full time surveyor for the purpose of ensuring
compliance with primary stroke center
designation criteria; and provided further, that $40,000 shall be expended for
Bedside Advocates, Inc. for the development of a pilot project focused on
transitional care for geriatric patients transitioning to their homes from
acute care hospitals;............................................. $8,817,714 $8,717,714
4510-0712.. For the department of public health; provided, that the department may expend not more than $530,387 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 lesser of this authorization or the most recent revenue estimate therefore as reported in the state accounting system $1,330,387
4510-0715.. For the operation of a center for primary care recruitment and placement to improve access to primary care services; provided, that not less than $500,000 shall be expended for a primary care workforce development and loan forgiveness grant program........................... $850,000
4510-0716.. For the operation of an evidence-based outreach and education program designed to provide information and education on the therapeutic and cost-effective utilization of prescription drugs to physicians, pharmacists and other health care professionals authorized to prescribe and dispense prescription drugs.......................... $500,000
4510-0720.. For a scholarship program for certified nurses’ aide and direct care worker training; provided, that recipients of the scholarship shall commit to working in the commonwealth for 2 years following certification; provided further, that no funds shall be expended in the AA object class; 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 shall 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 operation and administration of the board of registration in nursing; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of these cases, the approximate number of cases assigned to each investigator and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit the report to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of public health; 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 errors; 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, 2009 , 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 ....................................................... $1,725,170
4510-0722.. For the operation and administration of the board of registration in pharmacy; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of these cases, the approximate number of cases assigned to each investigator and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit the report to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health; 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, 2009 , 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 ............................ $541,311
4510-0723.. For the operation and administration of the board of registration in medicine and the committee on acupuncture; provided, that the board of registration in medicine shall prepare an annual report addressing its activities with respect to licensing, enforcement, law and policy, patient safety and other relevant topics including, but not limited to, the total number of cases referred to and reviewed by the board, the resolution of such cases, the approximate number of cases assigned to each investigator, any increases or decreases in cases referred to the board in the previous 6 months, a compilation of cases from its patient care assessment program describing incidents involving preventable medical error that resulted in harm to 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, 2009 , and shall make the compilation widely available, including by electronic means, to the public; and provided further, that the board shall promulgate rules and regulations to coordinate their patient care assessment program with the boards of registration in nursing and pharmacy ........ $2,670,027
4510-0725.. For the operation and administration of certain health boards of registration, including the boards of registration in dentistry, nursing home administrators, physician assistants, perfusionists, genetic counselors and respiratory care.......................... $472,097
4510-0726.. For the board of registration in medicine, including the physician profiles program; provided, that the board may expend revenues not to exceed $300,000 from new revenues associated with increased license and renewal fees ............................................ $300,000
4510-0790.. For regional emergency medical services; provided, that no
funds shall be expended in the AA object class; provided further, that the
regional emergency medical services councils, designated under 105 CMR 170.101
and the C-
4510-0810.. For a statewide sexual assault nurse examiner program and pediatric sexual assault nurse examiner program for the care of victims of sexual assault; provided, that funds shall be expended for a contract with the Massachusetts Children’s Alliance to support children’s advocacy centers; provided further, that the program shall be established by the department to operate under specific statewide protocols and by an on-call system of nurse examiners; and provided further, that the department may designate a metrowest district and may expend funds within said district................................... $3,623,068
4512-0103.. For human immunodeficiency virus and acquired immune deficiency syndrome services and programs; provided, that no funds shall be expended in the AA object class; provided further, that particular attention shall be paid to direct funding proportionately to 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 no funds from this item shall be expended for disease research in fiscal year 2009 and provided further that not less than $500,000 shall be spent to reduce HIV/AIDS disparities in communities of color, including African American, Latino, immigrant and refugee populations, linguistic minorities, and other populations disproportionately at risk, for prevention and education programs, counseling and testing, and treatment and supportive services .............................. $37,666,608
4512-0106.. For the department of public health which may expend for the human immunodeficiency virus and acquired immune deficiency syndrome drug assistance program an amount not to exceed $1,500,000 from revenues received from pharmaceutical manufacturers participating in the section 340B rebate program of the Public Health Service Act, administered by the federal Health Resources and Services Administration and Office of Pharmacy Affairs....................................... $1,500,000
4512-0200.. For the division of substance abuse services, including a
program to reimburse driver alcohol education programs for services provided
for court adjudicated indigent clients; provided that no funds shall be
expended in the AA object class; provided further, that not less than
$3,000,000 shall be expended for the establishment of 60 community-based beds
in locked-down, non-correctional settings for men who have been civilly
committed to a substance abuse treatment program pursuant to section 35 of
chapter 123 of the General Laws; provided
further, that not less than $1,500,000 shall be expended for 3 Sobriety High
Schools; provided further, that not less than $1,500,000 shall be expended for
maintaining the substance abuse and mental health programs in houses of
correction in Hampden county, Norfolk county, Middlesex county and Barnstable
county; provided further, that 1 counselor shall continue to be assigned
for every 200 inmates within each facility; provided further, that not less than $1,149,750 shall be expended to the
Gavin Foundation for a male adolescent residential facility for substance abuse
and rehabilitation services and an adjoining female adolescent residential
facility for substance abuse and rehabilitation services, both operated by the Cushing House located in the South Boston
section of Boston; provided further, that not less than $933,000 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 $750,350 shall be expended
for a contract with STEP, Inc., for sobriety treatment, education and
prevention; provided further, that not less than $500,000 shall be provided to
the Essex county district attorney to continue to develop a pilot program for
non-violent offenders in a non-correctional locked down substance abuse
treatment facility; provided
further, that not less than $500,000 shall be expended for maintaining the
substance abuse and mental health programs in houses of correction in Hampden
County; provided further, that $500,000 shall be expended for an opiate
education and counseling competitive grant program in Suffolk county; provided
further, that not less than $475,000 shall be expended to fund 10 beds through
the CAB program in conjunction with the H.E.A.T. program at Woburn the division
of the district court; provided further, that not less than $400,000 shall be
provided to the Boston municipal court to fund treatment coordinators for the
drug court program to treat nonviolent, substance-abusing offenders; 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 departments of the South Boston division of the district
court, the Somerville division of the district court, the Hingham division of
the district court, the Brighton division of the district court, 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 $300,000 shall be expended for the Hampden
county Residential Program For Women; provided further, that not less than
$250,000 shall be expended for the Albany Street Shelter operated by Cambridge
and Somerville Program for Drug and Alcohol Rehabilitation or CASPAR; provided
further, that not less than $250,000 shall be expended for the New Beginnings
program; provided further, that not less than $250,000 shall be expended for Phoenix House, for the purposes of
establishing an independent 18-bed women’s sober-living facility in the
Dorchester section of the city of Boston, for females with alcohol and chemical
dependency; provided further, that not less than $225,000 shall be expended for
the operation of the Barnstable Action for New Directions (BAND) program
facilitated by the 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 expended for a substance abuse
treatment program for children in the custody of the department of youth
services; 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 not less than $200,000 shall be expended for The Gavin
Foundation, Inc. to provide drug and alcohol abuse prevention education through
the Speakers for Hope Program; provided
further, that $200,000 shall be expended for the Massachusetts Interscholastic
Athletic Association’s substance abuse program; provided further, that not less than 158,000 shall be expended for
the Haitian Multi-Service Center in the Dorchester section of Boston; provided further, that not less than
$155,000 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 $150,000
shall be expended to the Berkshire County Youth Development Project for youth
intervention services; provided further, that there shall be a recovery support
center in each region; provided
further, that not less than $150,000 shall be expended on the Hampden County
Residential Program for Women; provided further, that not more than $150,000
shall be expended for the Hampden County Sheriff to operate an innovative
residential program for recently released female offenders in the Springfield
area; provided further, that not less than $150,000 shall be expended for the
Lowell House; provided further, that $150,000 shall be expended for the
Northern Educational Services, Inc., in Springfield, to operate the Youth Zone
Program; provided further, that not less than $145,000 shall be expended for
the Arlington Youth Consultation Center; provided further, that not less than
$145,000 shall be expended in grants for the Framingham Coalition for the
Prevention of Drug and Alcohol Abuse; provided further, that not less than
$125,000 shall be expended for Self Esteem Boston’s substance abuse direct
service prevention programs and provider training programs; provided further,
that not less than $100,000 shall be expended for the substance abuse
prevention programs of the Arlington Youth Health and Safety Coalition;
provided further, that not less than $100,000 shall be expended for a contract
with Bay Cove Human Services, Inc. for the purpose of establishing an
independent licensed halfway house in 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 not less than
$100,000 shall be expended for New North Citizens’ Council, Inc. Springfield
Women’s Addiction-Recovery Network; 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 $100,000 shall be expended for the
prevention of substance abuse in the town of Saugus; provided further, that not
less than $100,000 shall be expended to the Springfield Public Health
Department for drug prevention outreach and education; provided further, that
not less than $100,000 shall be expended for the Winchester Substance Abuse
Coalition in the town of Winchester; 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 $75,000 shall be expended
to continue an Opiate Abuse Prevention and Intervention Program for Youth in
the city of Melrose; provided further, that not less than $75,000 shall be
expended for the Charlestown Substance Abuse Coalition for securing placement
of at-risk adults in job-training programs, apprenticeships and permanent
employment; provided further, that not less than $75,000 shall be provided to
Second Step, Inc. in the city of Newton for the provision of substance abuse
prevention and education programs to the survivors of domestic violence and
their children; provided further, that not less than $75,000 shall be expended
for the Tynan Community Center’s Adolescence Wellness Program in the South
Boston section of the city of Boston; provided further, that not less than
$70,000 shall be expended for the Adolescent Education program of the South
Boston Neighborhood House in the South Boston section of the city of Boston;
provided further, that no 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 heroin use; provided further, that not less than $50,000 shall be
expended for teens through programs provided by the Ashland Recreational
Department; provided further, that not less than $50,000 shall be expended for
the Exodus Outreach Recovery Program; 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 $30,000 shall be expended for the Boat People
4512-0201.. For substance abuse step-down recovery services, otherwise known as level B beds and services, and other critical recovery services with severely reduced capacity; provided, that no funds shall be expended in the AA object class; provided further, that not less than $200,000 shall be expended for the Northern Educational Services (NES), Inc., so-called, to provide recovery services for 40 men by setting-up housing consisting of a 13 bed residency in Springfield; and provided further, that the department shall submit quarterly to the house and senate committees on ways and means a report on the number of individuals served by the step-down recovery services program ..... $5,000,000
4512-0202.. For 2 pilot pre-arraignment jail diversion programs primarily for nonviolent offenders with OxyContin or heroin addiction to be procured by the department of public health; provided, that each program shall have at least 60 beds and shall provide clinical assessment services to the respective courts, inpatient treatment for up to 90 days and ongoing case management services for up to one year; provided further, that individuals may be diverted to this or other programs by a district attorney in conjunction with the office of the commissioner of probation if: (a) there is reason to believe that the individual being diverted suffers from an addiction to OxyContin or heroin, or other substance use disorder; and (b) the diversion of an individual is clinically appropriate and consistent with established clinical and public safety criteria; provided further, that both programs shall be established in separate counties and a location deemed suitable by the department of public health; provided further, that the department of public health shall coordinate operations with county sheriffs, the district attorneys, the office of the commissioner of probation and the department of correction; provided further, that not more than $500,000 may be used to support the ongoing treatment needs of clients post 90 days for which there is no other payer; and provided further, that the department of public health shall provide an annual report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means as to the outcomes of the program and the cost of operations..................................... $5,000,000
4512-0225.. The department of public health may expend not more than $1,000,000 for a compulsive gamblers’ treatment program from unclaimed prize money held in the State Lottery Fund for more than 1 year from the date of the drawing when the unclaimed prize money was won, and from the proceeds of a multi-jurisdictional lottery game under subsection (e) of section 24A of chapter 10 of the General Laws; provided, that the state comptroller shall transfer the amount to the General Fund; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate therefor as reported in the state accounting system $1,000,000
4512-0500.. For dental health services; provided, that no funds shall be expended in the AA object class; provided further, that funds shall be expended to maintain a program of dental services for the developmentally disabled; 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; provided further, that not less than $90,000 shall be expended to The Community Coalition of Cape Cod Inc. for support and implementation of a model dental program that provides comprehensive dental care for low-income uninsured adults throughout Cape Cod; provided further, that not less than $150,000 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; provided further, that $750,000 shall be expended for the Forsyth Institute’s Center for Children’s Oral Health to fund a school-based demonstration project to offer preventive oral health care to children in high need areas including Boston, Lynn, and the Cape and Islands; and provided further, that not less than $500,000 shall be expended on the open wide health pilot program in Hampden county................................................. $3,147,016
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4513-1000.. For the provision of family health services; provided, that
no funds shall be expended in the AA object class; provided further, that not less
than $6,000,000 shall be provided for comprehensive family planning services,
including HIV counseling and testing, community-based health education and
outreach services, provided by agencies certified as comprehensive family
planning agencies; provided further, that $25,000 shall be expended for
regional respite, counseling and holistic therapy services offered by the
Cancer Connection, located in the city of Northampton; provided further, that
not less than $50,000 shall be provided for the Molly Bish Institute for Child
Safety at Mt. Wachusett Community College; provided further, that not less then
$100,000 shall be expended for the
Massachusetts Sudden Infant Death Center at Boston Medical Center; provided further,
that not less than $350,000 be expended for the operations of the Regional
Poison Control Center, located at the Children’s Hospital in Boston; provided
further, that not less than $350,000 shall be expended for ROCA, Inc. for
outreach and youth development for at-risk youth and young adults in Chelsea,
Revere, and East Boston; provided further, that of said $350,000, not less than
$150,000 shall be expended for such programs in the Bowdoin/Geneva and the
Uphams Corner/North Dorchester sections of Boston; provided further, that not
less than $35,000 shall be expended for the Immigrants Assistance Center, Inc.,
in New Bedford for its unique bilingual AIDS education; provided further, that not less than $10,000
shall be expended for the Cancer House of Hope in the city of Westfield;
provided further, that $450,000 shall be expended for the Massachusetts Birth
Defects Monitoring Program; provided further, that not less than $50,000 shall
be expended for Falmouth Family Planning; and provided further, that $200,000
shall be expended for an elder health and outreach program in Saugus.............................................. $7,620,000
4513-1002.. For women, infants and children’s (WIC) nutrition services in addition to funds received under the federal nutrition program; provided, that no funds shall be expended in the AA object class; 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...................................................... $13,565,092
4513-1010.. For the department of public health; provided, that said department may expend not more than $6,500,000 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 further, that nothing in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the services funded in this item; and provided further, that the revenue may be used to pay for current and prior year claims ....................................................... $6,500,000
4513-1012.. The department of public health may expend not more than $24,600,000 from revenues received from the federal cost-containment initiatives including, but not limited to, infant formula rebates; provided, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most-recent revenue estimate as reported in the state accounting system $24,600,000
4513-1020.. For the early intervention program; provided, that no funds shall be expended in the AA object class; 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 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 2, 2009; provided further, that no claim for reimbursement made on behalf of an uninsured person shall be paid from this item until the program receives notice of a denial of eligibility for the MassHealth program from the executive office of health and human services; provided further, that nothing in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the early intervention services funded in this item; provided further, that funds from this item may be expended for a rate increase; 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 the department shall provide written notification to the senate and house committees on ways and means 90 days prior to any change to its current eligibility criteria...................................................... $42,936,049
4513-1023.. For the universal newborn hearing screening program; provided, that no funds shall be expended in the AA object class; 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 $84,076
4513-1024.. For the operation of a comprehensive, state-wide shaken baby syndrome prevention program including community-based, hospital-based and statewide activities; provided, that services funded through this item shall include, but not be limited to: education, training, intervention, support, surveillance and evaluation .................... $350,000
4513-1026.. For the provision of statewide and community-based suicide prevention, intervention, post-intervention, and surveillance activities and the implementation of a statewide suicide prevention plan; provided, that funds shall be expended for the costs of a collaborative study with the Geriatric Mental Health Services program within the department of elder affairs for the purpose of creating a program to address elder suicide behavior and attempts; provided further, that funds shall be expended for a Veterans in Crisis Hotline; provided further, that the hotline shall be for the use of veterans who seek counseling programs operated by the department of veterans affairs and/or concerned family members of those veterans so that they may be directed towards the programs and services offered by their local or regional VA office; and provided further, that the hotline shall be staffed by counselors or outreach programs contracted by the department and trained in issues of mental health counseling and veterans services ............... $4,753,239
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4513-1111.. For the promotion of health and disease prevention
including, but not limited to, the following programs: breast cancer
prevention, diabetes screening and outreach, ovarian cancer screening, a
statewide STOP stroke program and ongoing stroke prevention and education,
hepatitis C prevention and management, multiple sclerosis screening,
information, education, treatment programs and the Multiple Sclerosis Home
Living Navigating Key Services program administered by the Central New England
Chapter of the National Multiple Sclerosis Society, renal disease prevention
and management, Lyme disease prevention and research, colorectal cancer
prevention, prostate cancer screening, education and treatment with a
particular focus on African American males, osteoporosis education, a program
to combat mental retardation in children suffering from a genetic effect
causing phenylketonuria, maintenance of the Amyotrophic Lateral Sclerosis
registry created pursuant section 25A of chapter 111 of the General Laws,
maintenance of the statewide lupus database, early detection and treatment of
lung cancer, education, awareness and early detection of brain aneurysms, and
the operation of the Betsy Lehman Center for patient safety; provided further,
that the department shall expend not less than the same amount available in
each item in fiscal year 2008; provided further, that sites for Hepatitis C
services shall be distributed throughout the commonwealth so as to ensure
coverage in all geographic regions, including currently underserved areas
proximate to Boston, Cape Ann, Fitchburg, Leominster, Lowell, Pittsfield,
Springfield and Worcester; and provided further, that not less than $75,000
shall be expended for the operation of NECPAD, a support organization which
provides patient education and support for people diagnosed with PKU or related
disorders and their families.................................... $14,709,996
4513-1130.. For the domestic violence and sexual assault prevention and treatment program; provided, that of the amount appropriated in this item, funds shall be expended for rape prevention and victim services, including the statewide Spanish language hotline for sexual abuse and domestic violence services for immigrants, and refugees and statewide suicide and violence prevention outreach to gay and lesbian youth; provided further, that not less than $350,000 shall be expended for the public health model of community engagement and intervention services and crisis housing for sexual violence and intimate partner violence in the GLBT community; provided further, that not less than $20,000 shall be expended for a Spanish speaking battered women’s hotline provided by Delamano, a Lawrence-based domestic violence support organization; provided further, that not less than $300,000 shall be expended for sexual and domestic violence prevention; provided further, that not less than $1,050,000 shall be expended for domestic violence batterers’ intervention services; provided further, that not less than $300,000 shall be expended for sexual abuse and domestic violence services for immigrants and refugees; provided further, that not less than $200,000 shall be expended for Close to Home, a domestic violence prevention program located in Dorchester; and provided further, that not less than $75,000 shall be expended for the Alternative House.... $6,391,677
4516-0263.. For the department of public health; provided, that said department may expend not more than $1,442,468 in revenues from various blood lead testing fees collected from insurers and individuals for the purpose of conducting such tests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate therefore, as reported in the state accounting system ............... $1,442,468
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 the 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 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 and the rapid laboratory diagnostic services; and provided further, that of said $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 ... $15,653,231
4516-1022.. For the department of public health; provided, that the department may expend not more than $300,000 generated by fees collected from insurers for tuberculosis tests performed at the state laboratory institute; provided further, that revenues collected may be used to supplement the costs of said laboratory; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most-recent revenue estimate, as reported in the state accounting system .......................... $300,000
4518-0200.. The department may expend not more than $400,000 generated by fees collected from the following services provided at the registry of vital records and statistics: amendments of vital records, requests for vital records not issued in person at the registry and research requests performed by registry staff at the registry; provided, that revenues so collected may be used for all program costs, including the compensation of employees; provided further, that the registrar of vital records and statistics shall exempt from payment of a fee any person requesting a copy of a birth certificate for the purpose of establishing eligibility for Medicaid; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system .......................... $400,000
4530-9000.. For teenage pregnancy prevention services; provided, that no funds shall be expended in the AA object class; 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 the community service plans; provided further, that funding shall be expended on those communities with the highest teen birth rates according to an annual statistical estimate conducted by the department; provided further, that funds shall be expended on programming directed at children under the care of the department of social services who are at high risk for teenage pregnancy; provided further, that the department shall collaborate with the department of social services on this programming; provided further, that not less than $400,000 shall be expended for the Northern Berkshire Community Coalition in the Berkshire region; provided further, that of said $400,000, not more than 10 percent shall be used for administrative services; provided further, that of said $400,000 not less than $250,000 shall be expended for the 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 $50,000 shall be expended for teen pregnancy prevention programs in the town of Southbridge; provided further that $100,000 shall be expended for teen pregnancy prevention services in the town of Orange; and provided further, that no less than $15,000 shall be provided to Girls, Inc. of Lynn for teen pregnancy prevention .................................. $4,055,586
4570-1502.. For the purposes of implementing a proactive statewide infection prevention and control program......................... $1,000,000
4580-1000.. For the operation of the universal immunization program; provided, that no funds shall be expended in the AA object class; 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....................... $51,581,508
The Governor has reduced the following item by $390,000
The Legislature overrode the Governor's veto.
4590-0250.. For school health services and school-based health centers
in public and non-public schools; provided, that no funds shall be expended in
the AA object class; provided further, that services shall include, but not be
limited to: (a) strengthening the infrastructure of school health services in
the areas of personnel and policy development, programming and
interdisciplinary collaboration; (b) developing linkages between school health
services programs and community health providers; (c) incorporating health education
programs, including tobacco prevention and cessation activities in school
curricula and in the provision of school based health services; and (d)
incorporating obesity prevention programs, including nutrition and wellness
programs, in school curricula to address the nutrition and lifestyle habits
needed for healthy development; provided further, that the services shall meet
standards and eligibility guidelines established by the department in
consultation with the department of education; provided further, that not less
than $300,000 shall be expended for mental health and substance abuse services
in school-based health centers; provided further, that not less than $550,000
shall be expended for the commission on gay and lesbian youth; provided further,
that $150,000 shall be expended for the Childhood Obesity School Nutrition
Project within the department to initiate or maintain school lunch programs
focused on diminishing the epidemic of childhood obesity; provided further,
that food service providers working with public schools wishing to institute or
maintain a school nutrition program designed to reduce childhood obesity may
submit an application to the department indicating the various nutritional and
educational steps the school plans to implement with the grant, not to exceed
$10,000 per school per year; provided further, that eligible programs shall
focus on providing healthier choices for lunch programs and provide incentives
and information to make healthier meal choices in the school lunch line;
provided further, that 1 or more schools may be included in an application;
provided further, that grant applications and other appropriate criteria shall
be determined and reviewed by the department; provided further, that not less
than $200,000 shall be expended for the North Quabbin Community Coalition for
support and implementation of four model community coalitions and community
capacity building activities; provided further, that not less than $15,000,000
shall be expended for school nurses and school based health centers; and
provided further, that not less than $100,000 shall be expended to the H.E.L.P.
program so-called, for black males health; and provided further, that not less
than $75,000 shall be expended for a pilot program to provide community health
services through the school-based health center at the Helen A. Bowditch Health
Center at Elm Park school in the city of Worcester ............................. $17,457,134
4590-0300.. For smoking prevention and cessation programs; provided, that no funds shall be expended in the AA object class.............. $12,750,000
4590-0912.. The department may expend an amount not to exceed $16,542,017 from reimbursements collected for western Massachusetts hospital services, subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital-related costs, including personnel, capital expenditures, DD object class charge-backs and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that not withstanding any special or general laws to the contrary, the western Massachusetts hospital shall be eligible to receive and retain full payment under the medical assistance program administered by the executive office of health and human services pursuant to chapter 118E of the general laws for all goods and services provided by the hospital in accordance with all federal requirements; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall reimburse the General Fund for a portion of employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary 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 timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item ...................................................... $16,542,017
4590-0913.. For the department of public health which may expend not more than $500,000 for payments received for those services provided by the Lemuel Shattuck hospital to inmates of county correctional facilities; provided, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system......................................................... $500,000
4590-0915.. For the maintenance and operation of Tewksbury hospital, Massachusetts hospital school, Lemuel Shattuck hospital and the hospital bureau, including the state office of pharmacy services; provided, that 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 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 $241,743 shall be made available for the fifth 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; provided further, that not less than $855,000 shall be expended for a new dialysis unit at Tewksbury State Hospital; provided further, that the department shall submit a report to the house and senate committees on ways and means not later than January 31, 2008 , on the progress of the expansion and the use of the funds............... $144,881,131
4590-0917.. For the department of public health; provided, that the department may expend an amount not to exceed $4,160,000 from payments received from the vendor managing health services for state correctional facilities for inmate medical services provided by the Lemuel Shattuck hospital; provided, that the payments may include capitation payments, fee for service payments, advance payments and other compensation arrangements established by contract between the vendor and the hospital; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system ..................................... $4,160,000
4590-1503.. For the pediatric palliative care program established in section 24K of chapter 111 of the General Laws ....................... $1,000,000
4590-1506.. For a grant program to be administered by the department of
public health to support the establishment of a comprehensive youth violence
prevention program; provided, that the commissioner of public health shall
distribute grant funds through a competitive grant program that gives
preference to applications that: (a) serve communities that have been
identified by the department as being high risk communities for youth violence;
(b) demonstrate multi-disciplinary collaboration, including youth serving
community organizations, state agencies, local law enforcement, medical and
public health professionals, and faith-based organizations; (c) utilize a youth
development framework that includes addressing out-of-school time activities,
mentoring, leadership training, employment readiness training, conflict
resolution, education support, family support services and financial literacy;
(d) provide positive programming during, but not limited to, the hours of
OFFICE OF CHILDREN, YOUTH
Department of Social Services.
4800-0015.. For central and area office administration; provided, that the associated expenses of employees whose AA and DD object class costs are paid from item 4800-1100 shall be paid from this item; provided further, that no funds shall be expended from this item for the compensation of unit 8 employees; provided further, that the department shall not place a child or adolescent referred by, or discharged from, the care of the department of mental health until the latter department forwards an assessment and recommendation as to whether the child or adolescent may be appropriately placed in foster care or, if due to severe emotional disturbance, is more appropriate for group care; provided further, that the department, in consultation with the department of mental health, shall assist the latter department in making such assessments and recommendations; provided further, that, unless otherwise authorized, all funds, including federal reimbursements received by the department, shall be credited to the General Fund; provided further, that the department shall expend not less than $1,000,000 in the AA or CC object codes to hire four to five full-time board certified or board eligible child psychiatrists to serve in each of the area offices; provided further, that hiring and supervision shall be done in conjunction with the department of mental health; provided further, that such physicians shall collaborate with the department’s social workers; provided further, that the department shall employ not less than 1 full-time board-certified physician; provided further, that the department and the department of early education and care shall implement standards for early education and care placements made through the supportive child care program; provided further, that the department of social services, in collaboration with the department of early education and care, shall maintain a centralized list detailing the number of children eligible for supportive child care services, the number of supportive slots filled and the number of supportive slots available; provided further, that notwithstanding any general or special law to the contrary, the department shall not reduce recoupment amounts recommended by the state auditor; 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 and the chairs of the joint committee on children and families a report detailing the number of medical and psychiatric personnel currently employed by or under contract with the department; provided further, that the report shall include the number of foster care reviews conducted by the department and the average length of time in which each review is completed; provided further, that the report shall contain the number of the department’s contracts reviewed by the state auditor and the number of corrective action plans issued; provided further, that the report shall also include the number of corrective action plans entered into by the department; provided further, that the report shall include the number of social workers and supervisors who have earned a bachelors’ or masters’ degree in social work; provided further, that the report shall include the total number of social workers and the total number of social workers holding licensure, by level; provided further, that the comptroller shall act in accordance with item 1000-0001 if the report, with all of its components, is not filed within 10 days of the stated due date; provided further, that the department shall file a report on the first business day of each month to the senate and house committees on ways and means and the joint committee on children and families on the caseload of the department; provided further, that caseloads provided in this report shall include: residential placements, group care, foster care, therapeutic foster care, adoption, guardianship, 51A reports, substantiated 51A reports, the number of children who die in the care and custody of the department, the number of children on the waitlist for supportive child care and the number of medical and psychiatric consultation requests made by the department’s social workers; provided further, that the report shall include the number of approved foster care placements; provided further, that the report shall also include the number of children in psychiatric hospitals and community-based acute treatment programs who remain hospitalized beyond their medically-necessary stay while awaiting placement and the number of days each case remains in placement beyond that which is medically-necessary; provided further, that the report shall include the number of children under the department of social services care and custody who are being served in medical or psychiatric care provided through other publicly-funded sources; provided further, that the report shall also contain the number of children served by supervised visitation centers and the number of those children who are reunified with their families; provided further, that the report shall contain information on the total number of children served, their ages, the number of children served in each service plan, the number of children in out-of-home placements and the number of placements each child has had before receiving an out-of-home placement; provided further, that the report shall also contain the number of families receiving multiple 51A reports within a 10-month period, the number of cases reopened within 6 months of being closed and the number of children who return home and then re-enter an out-of-home placement within 6 months; provided further, that the report shall detail 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; provided further, that the commissioner of the department of social services may transfer funds between items 4800-0021, 4800-0030, 4800-0038, and 4800-0041, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days prior to any such transfer; provided further, that not later than December 1, 2008 , the department shall submit a report to the house and senate committees on ways and means and the chairs of the joint committee on children and families including but not limited to (a) the criteria for which a child in need of services is removed from the home; (b) the criteria for the delivery of services alternative to removing a child from the home; and (c) the criteria for the involvement of the department of social services when a child remains in the home; and provided further, that not more than 5 per cent of any item shall be transferred in fiscal year 2009 $77,337,703
4800-0016.. For the department of social services which may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of 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 aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs.................................................. $2,000,000
4800-0021.. For the department of social services to enhance delivery of a comprehensive social service program as defined in section 2 of chapter 18B; provided further, that funds from this line item shall be expended in a manner to be determined by the department most likely to protect the physical and psychological safety of minors in the custody or under the care of the department; provided further, that 30 days prior to the distribution of any funds from this line item the department shall submit a report to the secretary of administration and finance and the house and senate committees on ways and means; and provided further, that the report shall include, but not be limited to, findings of the department justifying the method of distribution and details thereof ....................................................... $5,000,000
4800-0025.. For foster care review services ....................... $2,976,282
4800-0030.. For local and regional administration and coordination of services provided by lead agencies and regional resource centers; provided, that flex services provided by these agencies shall be funded from this item ...................................................... $21,020,794
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 $740,076
4800-0038.. For stabilization, unification, reunification, permanency, adoption, guardianship and foster care services provided by the department of social services; provided, that services funded through this item shall include shelter services, substance abuse treatment, family reunification networks, young parent programs, parent aides, education and counseling services, family preservation services, foster care, adoption and guardianship subsidies, tiered reimbursements used to promote the foster care placement of children with special medical and social needs, assessment of the appropriateness of adoption for children in the care of the department for more than 12 months, protective services provided by partnership agencies, targeted recruitment and retention of foster families, respite care services, post-adoption services, support services for foster, kinship and adoptive families and juvenile firesetter programs; provided further, that any child who would have been eligible for a clothing benefit under regulations in place on January 1, 2006 , shall receive a clothing benefit in fiscal year 2009; provided further, that not less than $2,300,000 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 less than $498,850 shall be expended for Latinas y Ninos and Casa Esperanza; provided further, that not less than $300,000 shall be expended for Massachusetts Families for Kids; provided further, that not less than $300,000 shall be expended for a statewide contract with Northeastern University for the violence prevention and conflict resolution program; 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 $257,000 shall be expended for the Laboure Center in South Boston; 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 $187,500 shall be expended for the Center for Family Connections to provide therapeutic and rehabilitative mental health services, targeted research on well-being outcomes and permanency planning for older, hard-to-place youth and those aging out of the system; provided further, that not less than $187,000 shall be expended for the Bristol County Child Advocacy Center’s operating expenses located in the city of Fall River; provided further, that not less than $163,642 be expended for the International Institute of the Merrimack Valley; 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 $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 $140,000 shall be expended for the MSPCC Franklin County Supervised Visitation Program; provided further, that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for maintaining and expanding its year-round school based programs in Boston high schools, middle schools, pilot schools and small schools education complexes for pregnant teens, young mothers and fathers and other youth at high risk of school drop out; 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 $125,000 shall be expended for North End Outreach Network of Springfield; provided further, that not less than $125,000 shall be expended for the South End Community Center of Springfield, Inc.; 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 Dunbar Community Center in the city of Springfield; provided further, that not less than $100,000 shall be expended for Families United For Teens Health; provided further, that not less than $100,000 shall be expended for the Conway Children’s Advocacy Center of Plymouth County; 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 the purpose of providing case management services for the Amity Transitional Housing program in the city of Lynn; provided further, that not less than $50,000 shall be provided for youth services at the Uxbridge Youth Center; provided further, that not less than $50,000 shall be expended for Family Service, Inc. of Lawrence; provided further that not less than $50,000 shall be expended for youth violence prevention programs administered by Youth Central Services; 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 $35,000 shall be expended for the Barnstable county council for children, youth and families; provided further, that not less than $25,000 shall be expended for the Concilio Hispano in Somerville; provided further, that not less than $25,000 shall be expended for Centro Presente of Cambridge; provided further, that not less than $20,000 shall be expended for the Massachusetts Association of Portuguese Speakers of Cambridge; provided further, that not less than $20,000 shall be expended for the Haitian Coalition of Somerville; provided further, that not less than $20,000 shall be expended for the Baby Safe Haven program; provided further, that not less than $15,000 shall be expended for a contract with Child and Family Services of Cape Cod for the court diversion program; and provided further, that not less than $7,500 shall be expended for House of Peace & Education, Inc in Gardner for the Hope for Kids program $313,792,694
4800-0041.. For group care services; provided, that funds may be expended from this item to provide intensive community-based services to children who would otherwise be placed in residential settings; and 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..................................................... $229,554,705
4800-0091.. For the department of social services which may expend not more than $3,000,000 in federal reimbursements received under Title IV-E of the Social Security Act during fiscal year 2009 for the purposes of developing a training institute for professional development 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 lesser of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $3,000,000 shall be credited to the General Fund; and provided further, that no funds shall be expended from this item for lease-purchases or the Family Networks system $3,000,000
4800-0151.. For a program to provide alternative overnight non-secure placements for status offenders and nonviolent delinquent youths up to the age of 17 in order to prevent the inappropriate use of juvenile cells in police stations for such offenders, in compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended; provided, that the programs which provide the alternative non-secure placements shall collaborate with the appropriate county sheriff’s office to provide referrals of those offenders and delinquent youths to any programs within the sheriff’s office designed to positively influence youths or reduce, if not altogether eliminate, juvenile crime $319,171
4800-1100.. For the AA and DD object class costs of the department’s social workers; provided, that funds shall be directed toward mitigating social worker caseloads in those area offices furthest above the statewide weighted caseload standard and toward achieving a social worker caseload ratio of 18 to 1 statewide; 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..................................................... $157,262,697
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, 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 domestic violence prevention specialists shall be funded from this item; provided further, that not less than $1,037,000 shall be expended for the YWCA battered women’s shelter in the city of Springfield; provided further that not less than $150,000 shall be expended for a domestic violence prevention program called ‘Teens-At-Risk’, operated by Portal To Hope for the communities of Everett, Lynn, Malden, Medford and Winthrop without the need of approval by the commissioner of the department public health; provided further, that not less than $90,000 shall be expended for the Western Mass Women’s Initiative Survivor’s Project; provided further, that not less than $75,000 shall be expended for a contract with House of Hope in the city of Lowell; provided further, that not less than $60,000 shall be expended for the planned learning achievement program in Amherst, in collaboration with the department of elementary and secondary education, through an interagency service agreement; provided further, that not less than $15,000 shall be expended for the Words not Weapons mentoring project in the town of Saugus; provided further, that not less than $10,000 shall be expended for the Southern Hilltown Domestic Violence Coalition; provided further, that not less than $10,000 shall be expended for the Wakefield Alliance Against Violence; and provided further, that not less than $10,000 shall be expended for the Melrose Alliance Against Violence................. $23,473,406
OFFICE OF HEALTH SERVICES.
Department of Mental Health.
5011-0100.. For the operation of the department; provided, that the department shall not refer or discharge a child or adolescent to the custody or care of the department of social services until the department of mental health forwards its assessment and recommendation as to whether the child or adolescent is appropriate for foster care or, due to severe emotional disturbance, is more appropriate for group care....... $38,359,864
5042-5000.. For child and adolescent services, including the costs of psychiatric and related services provided to children and adolescents determined to be medically ready for discharge from acute hospital units or mental health facilities and who are experiencing unnecessary delays in being discharged due to the lack of more appropriate settings; provided, that for the purpose of funding those services, the commissioner of mental health may allocate funds from the amount appropriated in this item to other departments within the executive office of health and human services; provided further, that not less than $2,750,000 shall be expended for the Child Psychiatry Access Project; provided further, that of the $2,750,000, not less than $250,000 shall be expended for the expansion of the Child Psychiatry Access Project to begin implementation of service to public schools in each region using the model piloted during fiscal year 2008 as a performance initiative; and provided further, that not less than $1,800,000 shall be expended from this item in fiscal year 2009 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 those services.............................................. $76,201,535
5046-0000.. For adult mental health and support services; provided, that the department shall allocate funds in an amount not to exceed $5,000,000 from item 5095-0015, to this item, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities; provided further, that 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 2009 not later than February 2, 2009 ; provided further, that not less than $3,314,796 shall be expended on the expansion of housing for the homeless mentally ill; provided further, that not less than $1,900,000 shall be expended on mental health research; provided further, that not less than $300,000 shall be expended for a pre-arrest jail diversion grant program at the department of mental health for 5 programs; provided further, that $200,000 shall be expended for jail diversion programs; provided further, that of said $200,000, not less than $100,000 shall be expended for the jail diversion program in Framingham; provided further, that not less than $125,000 shall be expended on expansion of employment support services at the Fairwinds Clubhouse in Falmouth; provided further, that not less than $50,000 shall be expended to continue and expand the triage counseling services in the Needham public schools; provided further, that not less than $50,000 shall be expended for culturally and linguistically appropriate mental health services for immigrants at the International Institute of Boston; and provided further, that $20,000 shall be expended for the Samaritans on Cape Cod and the Islands $ $322,068,305
5046-2000.. For homelessness services; provided, that not less than $50,000 shall be expended for homelessness services at the Salem Mission $22,452,466
5046-4000.. For the department of mental health; provided, that the department may expend not more than $125,000 in revenue collected from occupancy fees charged to the tenants in the creative housing option in community environments, the CHOICE program authorized by chapter 167 of the acts of 1987; and provided further, that all fees collected under that program shall be expended for the routine maintenance and repair of facilities in the CHOICE program including the costs of personnel ......................................................... $125,000
5047-0001.. 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; provided further, that the department shall require a performance specification to be developed for safe aftercare options for adults upon release from acute inpatient mental health care services; and provided further, that the emergency service programs shall take all reasonable steps to identify and invoice the third party insurer of all persons serviced by the programs....... $36,228,259
5055-0000.. For forensic services provided by the department; provided, that not less than $1,186,000 shall be expended to sustain and expand services provided through juvenile court clinics ............... $8,105,485
5095-0015.. For the operation of adult inpatient facilities and community-based mental heath services; 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: a) the client is deemed clinically suited for a more integrated setting; b) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and c) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed facility; provided further, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at the centers and facilities; and provided further, that the department of mental health shall notify the joint committee on mental health and substance abuse and the house and senate committees on ways and means 60 days prior to the closure of any inpatient state hospital beds ................................................ $181,899,591
Department of Mental Retardation.
5911-1003.. For the administration and operations 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 2009 the comptroller shall transfer from the
department of mental retardation trust fund established under section 2
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 .. $14,137,324
The Legislature overrode the Governor's veto.
5920-2000.. For vendor-operated, community-based, residential adult
services, including intensive individual supports; provided, that $13,145,837
shall be expended in annualized funding for turning 22 clients who began
receiving the services in fiscal year 2008 pursuant to item 5920-5000 of
section 2 of chapter 61 of the acts of 2007; 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 the commissioner shall file with the house and senate committees on
ways and means 15 days before any such transfer; provided further, that not
more than $5,000,000 shall be transferred from this item in fiscal year 2009;
provided further, that not less than $500,000 shall be expended for Best
Buddies Massachusetts; provided further, that not less than $100,000 shall be
expended for the Massachusetts Special Olympics; provided further, that not
less than $100,000 shall be expended for services to the developmentally
disabled provided by Grow Associates, Inc.; and provided further, that $50,000
shall be expended for Mass Citizens Advocacy..................................................... $569,561,352
The Governor has reduced the following item by $250,000
5920-2006.. For the implementation of a residential rate initiative;
provided, that the department shall submit a report to the house and senate
committees on ways and means not later than
January 19, 2009
, detailing the use of such
funds to establish a rate system for vendor-operated residential services .............................................. $2,250,000 $2,000,000
5920-2010.. For state-operated, community-based, residential services for adults, including community-based health services; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item.................... $137,437,683
5920-2020.. For compliance with the terms of the settlement agreement,
dated
December 19, 2000
,
and entered into by the parties in Boulet v. Cellucci, Civil Action No.
99-CV-10617-
5920-2025.. For community-based day and work programs for adults and for $4,518,823 in annualized funding for turning 22 clients who began receiving services in fiscal year 2008 pursuant to item 5920-5000 of section 2 of chapter 61 of the acts of 2007; provided, that not less than $200,000 shall be expended on a contract with Work, Inc. for enhanced or expanded services and employment opportunities for citizens with disabilities; and provided further, that not less $100,000 shall be expended Life Focus Center in the Charlestown neighborhood of the city of Boston..................................................... $129,159,457
5920-3000.. For respite services and intensive family supports; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services; provided further, that not more than $50,000 shall be expended for the Friendship Home project in Norwell; and 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 ............................... $56,094,228
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
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 $4,000,000 shall be expended for the purposes of
providing services under the children’s autism Medicaid waiver application
submitted pursuant to chapter 107 of the acts of 2005 to be contingent upon the
maximization of federal reimbursement for waiver services funded by the commonwealth;
provided further, that at a minimum, this waiver shall include children with
autism spectrum disorder ages 0 to 8, inclusive, including children with autism
spectrum disorder ages 0 to 3, inclusive, receiving services through the
department of public health’s early intervention program; provided further,
that the income eligibility for the waiver shall not be any lower than
MassHealth standard income eligibility for children; provided further, that the
department shall take all steps necessary to ensure that eligible children with
autism immediately begin to receive services pursuant to such waiver; provided
further, that the department shall immediately file any waiver amendments
necessary to comply with the requirements of this item with the Centers for
Medicare and Medicaid services; provided further, that the department shall
report to the house and senate committees on ways and means, the joint
committee on education and the joint committee on children, families and
persons with disabilities on the number of contracted support services provided
for families with autistic children under this item and the costs associated
with such services, not later than January 2, 2009, including but not limited
to, a report on the implementation of the children’s autism Medicaid waiver
program pursuant to chapter 107 of the acts of 2005, with information regarding
the number of children enrolled in the waiver and receiving services,
linguistic and cultural diversity, age, gender, and geographic representation of the applicants and the children enrolled
in the program, department plans to continue to assess the demand for waiver
services, any executive office of health and human services plans to expand the
waiver for children on the autism spectrum of all ages in the future, and any
other information determined relevant by the department; provided further, that
the department shall submit copies of any amended waiver to the house and
senate committees on ways and means, the joint committee on education and the joint committee on children, families
and persons with disabilities upon submission of the amendment; provided
further, that not less than $200,000 shall be expended for the purposes of a
contract with Melmark New England, Inc. 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; provided further, that not less than $200,000 shall be
expended for the purposes of a contract with the New England Center for
Children, Inc. to provide training and support to public school districts and
families for the establishment of in district partner classrooms to serve
children with autism spectrum disorders; provided further, that $100,000 be
allocated to the Asperger’s Association of New England to provide support
services to individuals with high functioning autism or Asperger’s syndrome;
provided further, that not less than $75,000 shall be expended for Youth Enhanced
Services Non-profit; and provided further, that not less than $30,000 shall be
allocated to Whole Children, Inc. of Hadley............................... $6,264,413
5920-5000.. For services to clients of the department who turn 22 years of age during state fiscal year 2009; provided, that the amount appropriated under this item shall not annualize to more than $17,664,660 in fiscal year 2010; and provided further, that the department shall report to the house and senate committees on ways and means not later than January 2, 2009 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 $7,700,000
The Governor has reduced the following item by $751,545
5930-1000.. For the operation of facilities for the mentally retarded,
including the maintenance and operation of the Glavin Regional Center;
provided, that in order to comply with the provisions of the Olmstead decision
and to enhance care within available resources to clients served by the
department, the department shall take steps to consolidate or close
intermittent care facilities for the mentally retarded, in this item called
ICF/MRs, managed by the department and shall endeavor, within available
resources, to discharge clients residing in the ICF/MRs to residential services
in the community if the following criteria are met: a) the client is deemed
clinically suited for a more integrated setting; b) community residential
service capacity and resources available are sufficient to provide each client
with an equal or improved level of service; and c) the cost to the commonwealth
of serving the client in the community is less than or equal to the cost of
serving the client in ICF/MRs; provided further, that any client transferred to
another ICF/MR as the result of a facility closure shall receive a level of
care that is equal to or better than the care that had been received at the
closed ICF/MR; provided further, that the department shall report to the joint
committee on children, families and persons with disabilities and the house and
senate committees on ways and means on the progress of this initiative by
December 1, 2008, including both past actions and proposed future actions;
provided further, that the department may allocate funds from this item to
items 5920-2000, 5920-2010, and 5920-2025, as necessary, under allocation plans
submitted to the house and senate committees on ways and means 30 days before
any transfer, for residential and day services for clients formerly receiving
inpatient care at ICF/MRs; 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.................... $188,297,359 $187,545,814
5982-1000.. For the department of mental retardation; provided, that the department may expend not more than $150,000 accrued through the sale of milk and other farm-related and forestry products at the Templeton Developmental Center for program costs of the center, including supplies, equipment and maintenance of the facility; 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 ................. $150,000
EXECUTIVE OFFICE OF
TRANSPORTATION.
Office of the Secretary.
6000-0100.. For the office of the secretary of transportation; provided, that the office shall collaborate with the department of transitional assistance in its efforts to develop a program of transportation services for current and former recipients of the transitional aid to families with dependent children program pursuant to item 4401-1000; provided further, that the office shall submit to the joint committee on transportation and the house and senate committees on ways and means monthly reports detailing projects funded through the statewide transportation improvement program including, but not limited to, the location of the projects, the cost of the projects, the date of advertisement of the projects, the commencement date of the projects, the projected completion date of the projects and the source of funds for the projects; provided further, that the office shall also provide the committees with quarterly reports detailing construction and reconstruction projects on town and county ways as described in paragraph (a) of clause (2) of the first paragraph of section 34 of chapter 90 of the General Laws for which municipalities are projected to seek, have filed claims or have been paid state reimbursement; provided further, that a city or town shall comply with the procedures established by the secretary to obtain the necessary information to produce the reports; provided further, that the reports shall include, but not be limited to, the cost of the projects by city or town, the source of funding of the projects by city or town and the commencement and completion dates of the projects by city or town; provided further, that the secretary of transportation, in collaboration with the commissioner of highways, shall file an annual report with the joint committee on transportation and the house and senate committees on ways and means not later than June 30; 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................... $4,540,987
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 such program shall include maintenance and expansion on routes serviced
through the inter-district transportation program in fiscal year 2008;
provided further, in fiscal year 2009, the level of service shall remain the
same as fiscal year 2008; 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 2009; provided further, that before the execution of the
extensions and at the end of fiscal year 2009, 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 not
later than
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, 2008 and ending June 30, 2009, may enter into contracts with the authorities; provided further, that notwithstanding section 152A of chapter 161 of the General Laws, and section 23 of chapter 161B of the General Laws, the amount shall be at least 50 per cent but not more than 75 per cent of the net cost of service of each authority incurred in fiscal year 2009, 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 2009 shall not exceed 102.5 per cent of its operating expenditures for fiscal year 2008; 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 16 regional transit authorities; provided further, that the new services shall 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 shall 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, 2009, each of the 16 regional transit authorities shall submit to the house and senate committees on ways and means a report detailing all revenues collected as a result of services provided under 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 revenue 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 not later than April 1, 2009; 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 including, 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 18 months after the effective date of this act; and provided further, that the Massachusetts Association of Regional Transit Authorities shall, on or before November 15, 2008, 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 2009 and focus the report on the reforms and improvements.......................................... $57,888,391
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............................................ $602,663
Department of Highways.
The Governor disapproved the following language.
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 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 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
to the secretary of transportation for approval requests to repair such
vehicles costing in excess of the limit set forth in said section 7; provided
further, that the costs of routine highway maintenance provided by private and
union workers in contract areas 1A, 1B, 2A, 2B, 3A, 3B, 3C, 4A, 4B, 4C, 4D, 5A,
5B and 5C and for costs associated with police services and overtime within
such 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 such areas; and 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
repairs .............. $16,906,691
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; provided further, that not later than
6010-0003.. For the department of highways; provided, that the department may expend revenues collected up to $1,000,000 from revenue generated from promotional programs; provided, that funds collected shall 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 such program and highway maintenance costs; provided further, that the report shall be filed with the house and senate committees on ways and means not later than 30 days prior to any encumbrance of the funds; and provided further, that the program and any expenditures made under the program shall comply with all statutes, rules and regulations governing billboards, signs and other outdoor advertising devices $1,000,000
Highway Fund.......................... 100.0%
6030-7201.. For the costs of hired and leased equipment, vehicle repair, fuel costs and sand, salt and other control chemicals used for snow and ice control...................................................... $20,000,000
Board of Library Commissioners.
7000-9101.. For the operation of the board of library commissioners $1,048,560
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 considers proper, to regional public library systems throughout each fiscal year, in compliance with the office of the comptroller’s regulations on state grants, 815 CMR 2.00; 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 $1.15 per resident in the commonwealth; and provided further, that notwithstanding any general or special law to the contrary, in calculating the fiscal year 2009 distribution of funds appropriated in this item, the board of library commissioners shall employ population figures used to calculate the fiscal year 2008 distribution $17,166,071
7000-9402.. For the talking book library at the
7000-9406.. For the Braille and talking book library at Watertown, including the operation of the machine lending agency; provided, that not less than $100,000 shall be expended for the National Federation of the Blind Newsline Program ...................................... $2,341,359
7000-9501.. For state aid to public libraries; provided, that notwithstanding any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of the city or town for free public library services is below an amount equal to 102.5 per cent of the average of the appropriations for free public library service for the 3 years immediately preceding; provided further, that notwithstanding 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 2009 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 of the library incentive grant program and under the guidelines for the nonresident circulation offset program; and provided further, that any payment made under this item shall be deposited with the treasurer of the city or town and held in a separate account and shall be expended by the public library of that city or town without appropriation, notwithstanding any general or special law to the contrary ................ $9,989,844
The Governor has reduced the following item by $250,000
7000-9506.. For the technology and automated resource sharing networks $3,101,000 $2,851,000
7000-9507.. For the purposes of implementing a public library matching incentive grant program; provided, that a $.50 state match shall be made for each $1 that local trustees, public library foundations, friends of the library or other support organizations raise; provided further, that eligible state matching funds shall be made available to municipalities that raise at least $2,000 and only up to $100,000 raised; and provided further, that funds from this item shall be made available to the local public library trustees for the enhancement of library services and shall not be used as part of the local match for an approved public library project as defined in section 19H of chapter 78 of the General Laws or to meet the appropriation requirement as provided in section 19A of said chapter 78....................................... $250,000
EXECUTIVE OFFICE OF HOUSING
Office of the Secretary.
7002-0010.. For the operation of the office of the secretary of housing
and economic development and the Massachusetts business-to-business program;
provided, that agencies within the executive office may, with the prior
approval of the secretary, streamline and improve administrative operations
pursuant to interdepartmental service agreements; and provided further, that a
report shall be submitted to the house and senate committees on ways and means
not later than
7002-0013.. For the operation of expedited permitting at the executive office of housing and economic development, related technical assistance grants to local municipalities and related payments to the Massachusetts Development Finance Agency............................. $4,000,000
7002-0045.. For the operation of the office of the wireless and broadband affairs director................................................. $250,000
EXECUTIVE OFFICE OF LABOR
7002-0100.. For the operation of the executive office of labor and
workforce development, including the divisions under the control of the
department; provided, that not later than
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................................. $2,390,193
7002-0201.. For the division of occupational safety; provided, that the division may expend an amount not to exceed $252,850 received from fees authorized under section 3A of chapter 23 of the General Laws and civil fines issued under sections 197B of chapter 111 of the General Laws, section 46R of chapter 140 of the General Laws and section 6F1/2 of chapter 149 of the General Laws...................................... $252,850
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
7002-0900.. For the operation of the division of labor relations... $2,328,909
Department of Workforce Development.
7002-0012.. For a youth-at-risk program targeted at reducing juvenile
delinquency in high risk areas of the commonwealth; provided, that these funds
may be expended for the development and implementation of a year-round
employment program for at-risk youth as well as existing year-round employment programs;
provided further, that $500,000 of these funds shall be matched by private
organizations; provided further, that funds shall be available for expenditure
through
7002-0101.. For the operation of the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter 31 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, the deputy director shall require each apprentice entering into a written agreement to submit an application to the division for an apprentice identification card; provided further, that an apprentice identification card shall contain the photograph of the apprentice, the apprentice registration number or another number that 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 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 an apprentice performing work on a project 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 not enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project; and provided further, that for every week in which an apprentice is employed by a contractor, subcontractor or public body subject to this item, a photocopy of the apprentice's apprentice identification card shall be attached to the records submitted under this item........................ $445,181
7003-0604.. For the career ladder grant program in long-term care established under 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 3 years; provided further, that notwithstanding section 410 of chapter 159 of the acts of 2000, grants may be awarded on a competitive basis to long-term care labor management workforce partnerships, nursing homes, home care organizations or consortiums of nursing homes and/or home care organizations; provided further, that the Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on such 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.. 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 and for programs designed to assist small and mid-sized manufacturing companies; provided, that not less than $75,000 shall be expended for the Regional Employment Board of Hampden County for a pilot program for precision machining training; and provided further, that not less than $200,000 shall be made available from this item to operate the machine operator skills training program using a mobile training unit... $1,375,000
7003-0701.. For grants and technical assistance administered by the
department of workforce development, under section 2RR of chapter 29 of the
General Laws and for the cost of collecting the assessment established in
section 14L of chapter 151A of the General Laws; provided, that the department
of workforce development shall provide a report on the grants and technical
assistance programs authorized in this item detailing the firms receiving
grants, by number of employees, revenues, and industry, to the house and senate
ways and means committee by
Workforce Training Fund............... 100.0%
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
7003-0702 . For grants to be administered by the department of workforce
development; provided, that not less than $250,000 shall be expended for the
Massachusetts Career Development Institute in Springfield to provide job
training, employability development and career counseling to the unemployed and
underemployed; provided further, that not less than $7,500 shall be expended
for the Bonnie Brae Day Camp in Gardner; provided further, that not less than
$75,000 shall be expended for the Greater Gardner Community Development
Corporation; provided further, that not less than $15,000 shall be expended for
the Draper Complex Reuse Committee in Hopedale; provided further, that not less
than $100,000 be expended for the Lower Pioneer Valley Education Collaborative
for the purpose of expanding their existing programs and services to better serve
students with disabilities; provided further, that not less than $150,000 shall
be expended for the International Institute to provide long-term case
management and employment training for highly skilled legal immigrants;
provided further, that not less than $100,000 shall be provided to the
Workforce Investment Association of MA, Inc. for the purpose of providing
technical assistance to career center directors, administrators, and fiscal
agents to assist with quality improvements in the delivery of workforce
development services to job seekers and employers; provided further, that not
less than $150,000 shall be provided for Centros Las Americas, in the city of
Worcester; provided further, that not less than $250,000 shall be expended for
the Center for Women & Enterprise; provided further, that not less than
$165,000 shall be expended to continue the economic development project
operated by the Arlington Community Trabajando in the city of Lawrence;
provided further, that not less than $84,000 shall be expended for Community
Service Agency, Inc; provided further, that not less than $500,000 shall be
expended for education, career development and employment service programs
operated by the Urban League of Massachusetts; provided further, that not less than
$250,000 shall be expended for Outer Cape Health Services to provide a health
center skilled training program on Lower and Outer Cape Cod; provided further,
that not less than $15,000 shall be expended by WE CAN of Cape Cod for
workforce training and career mentoring for women in transition; provided
further, that not less than $141,000 shall be expended for Just-a-Start
Corporation to provide training for entry level employment in the biotech and
medical fields for 30 unemployed, underemployed or displaced workers, or
persons receiving benefits from transitional aid to families with dependent
children; provided further, that not less than $127,000 shall be expended for
the employee involvement and ownership program; provided further, that not less
than $250,000 shall be expended to the New England Farm Workers Council;
provided further, that not less than $200,000 shall be expended for the Boston
Health Care and Research Training Institute; provided further, that $50,000
shall be expended for the Allston-Brighton Vocational Center (VAC) for the
continued operation of a job training and placement center; provided further,
that not less than $25,000 be expended for the Area Planning Action Council (
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
The Governor disapproved the following language as indicated.
The Legislature overrode the Governor's veto.
7003-1641.. For a grant for the Small Business Association of New
England for the layoff aversion through management assistance program for
consultant and technical assistance to manufacturing companies in Massachusetts
to prevent business closure and employee displacement; provided, that the expenditure
of the layoff aversion through management program as provided for in this item
shall leverage at least $1 in matching funds for every $1 granted pursuant to
this item; provided further, that the president of the Small Business
Association of New England shall file a quarterly report with the house and
senate committees on ways and means, the joint committee on economic
development and emerging technologies, and the joint committee on labor and
workforce development on the number of employees and manufacturing-based
companies that have received financial assistance through this item, a detailed
description of the services provided to manufacturing companies in the
commonwealth through the layoff aversion through management program, and a
detailed account of the expenditures of the layoff aversion program, including
administrative costs .................................... $200,000
Department of Housing and Community Development.
7004-0001.. For the commission on Indian affairs; provided, that not less than $100,000 shall be expended for a Native American Institute to be developed in conjunction with the commission on Indian affairs and tribal leaders in the commonwealth....................... $206,894
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
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
under a cost overhead allocation plan approved by the comptroller; provided further,
that the comptroller shall maintain an account on the Massachusetts management
accounting and reporting system for the purpose of making these expenditures;
provided further, that expenditures made against the account shall not be
subject to appropriation and may include the cost of personnel; provided
further, that notwithstanding any general or special law, rule, or regulation
to the contrary, the department 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,
7004-9024, 7004-9030, 7004-9033, 7004-9316, and items 7004-9009, 7004-9014,
7004-9019, 7004-9020 of section 2D; provided further, that as a condition of
eligibility or continued occupancy by an applicant or a tenant, the department
may require disclosure of the social security number of an applicant or tenant
and members of the applicant’s or tenant’s household for use in verification of
income eligibility; provided further, that the department may deny or terminate
participation in subsidy programs for failure by an applicant or a tenant to
provide a social security number for use in verification of income eligibility;
provided further, that the department may also consult with the department of
revenue, the department of transitional assistance or any other state or
federal agency which it considers necessary to conduct this income
verification; provided further, that notwithstanding any general or special law
to the contrary, these state agencies shall consult and cooperate with the
department and furnish any information in the possession of the agencies
including, but not limited to, tax returns and applications for public
assistance or financial aid; provided further, that for the purposes of
conducting this income verification, the director of the department may enter
into an interdepartmental service agreement with the commissioner of revenue to
utilize the department of revenue’s wage reporting and bank match system for
the purpose of verifying the income and eligibility of participants in
federally assisted housing programs and that of members of the participants’
households; and provided further, that for the purposes of clarification only,
notwithstanding section 12 of chapter 490 of the acts of 1980, the department
may authorize neighborhood housing services corporations to retain, re-assign,
and reloan funds received in repayment of loans made under the neighborhood
housing services rehabilitation program; provided further, that not less than
$25,000 shall be expended for the Beverly Affordable Housing Coalition;
provided further, that not less than $15,000 shall be expended for the Turning
Point Day Resource Center for the Homeless in the town of Wareham; provided
further, that $63,440 shall be expended for the Worcester Housing Authority for
a resident services employment coordinator; provided further, that $50,000
shall be expended for the Quinsigamond Village Community Center for the creation
of a part-time outreach worker and for administrative costs; provided further,
that not less than $50,000 be expended for the North Shore Housing Trust, Inc.;
provided further, that not less than $100,000 shall be expended for the
Pleasant Street Neighborhood Network Center in Worcester; provided that not
less than $50,000 shall be expended for the Worcester YouthCenter, located in
the city of Worcester; provided further, that not less than $50,000 shall be
expended for the South Worcester Neighborhood Improvement Corporation to
continue to provide vital services to the poorest neighborhoods in the city of
Worcester; provided further, that not less than $25,000 shall be expended for
AMEDAL in Lawrence; provided further, that not less than $115,000 shall be expended
for Food for the World Pantry; provided further, that not less than $100,000
shall be expended for Neighbors in Need of the Merrimack Valley; provided
further, that not less than $25,000 shall be expended for upkeep and
maintenance of the Rockland Community Center; provided further, that not less
than $150,000 shall be expended to World is Our Classroom, Inc. serving the
towns of Holyoke, Westfield, Chicopee and Greenfield; provided further, that
not less than $35,000 shall be expended to the Holyoke Creative Arts Center;
provided further, that not less than $25,000 shall be expended for the
Allston-Brighton Community Development Corporation’s continued operation of a
grant program to enhance housing quality standards; provided further, that not
less than $75,000 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 $150,000 shall be expended for ABCD North End/West End elderly
program; provided further, that not less than $75,000 shall be expended for the
Methuen-Arlington Neighborhood, Inc; provided further, that no less than
$150,000 shall be expended for 2 computer centers and the work force program
operated by the Cambridge housing authority; provided further, that not less
than $50,000 shall be expended for the Clinton Housing Authority for the Water
Street Senior Housing Complex, located in the town of Clinton; provided further,
that not less than $100,000 shall be expended for the Indian Orchard Main
Street Partnership; provided further, not less than $100,000 shall be expended
for a Homeless Prevention Program for the Homeless Connections Outreach Program
in Fall River; provided further, that not less than $100,000 shall be expended
for preliminary economic development designs for downtown Needham; provided
further, that not less than $200,000 shall be expended to the Springfield
Neighborhood Housing Services, Inc., so called, in Springfield to develop new
housing starts, prevent foreclosures, assist first-time home buyers, and to
create jobs in the construction industry; provided further, that not less than
$95,000 shall be expended to the Boston Housing Authority for a program to
provide certain tenant services for the West Broadway Task Force in the South
Boston section of the city of Boston; provided further, that not less than
$25,000 shall be expended for the Marlborough Community Development
Corporation; provided further, that not less than $25,000 shall be allocated
for operational support for the affordable housing program located at 9 Half
Moon Street, in the Dorchester section of the city of Boston; provided further,
that not less than $100,000 shall be expended for the Safe Neighborhood
Initiative Pilot Program in the Grove Hall area of Roxbury and Dorchester in
the city of Boston; provided further, that not less than $150,000 shall be
expended to the town of Braintree as a onetime community action grant for the
replacement of the communications console at the police department in the town
of Braintree; provided further, that not less than $20,000 shall be expended to
the Town of Braintree as a one-time community action grant for Thayer Public
Library; provided further, that not less than $25,000 shall be expended for
operational support for the affordable housing program for formerly homeless
individuals at Egleston Crossing in the Dorchester section of the city of
Boston; provided further, that not less than $100,000 shall be expended to the
Housing Families, Inc in the city of Malden for providing educational support
programming for homeless children through the Children and Family Program;
provided further, that not less than $300,000 shall be expended for the paving and
construction of parking facilities in the town of Holbrook; provided further,
that not less than $300,000 shall be expended for a senior center in the city
of Quincy; provided further, that not less than $500,000 shall be expended for the Jackson-Appleton-Middlesex plan in
the city of Lowell; 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 $75,000 shall be expended for
the Greater Gardner Community Development Corporation; provided further, that
not less than $50,000 shall be expended for Kamp for Kids in Westfield;
provided further, that not less than $100,000 shall be expended for Homeowner
Options for Massachusetts Elders; provided further, that not less than $50,000
shall be expended for the Center for Sustainability to assist in its mission;
provided further, that not less than $50,000 shall be expended for a technology
program at the Watertown Housing Authority; provided further, that not less
than $75,000 shall be expended for the Lowell Wish Project; and provided
further, that not less than $100,000 shall be expended for a contract with the
St. Frances Samaritan House in the city of Taunton................................... $12,244,245
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 ................................................ $5,750,000
7004-3036.. For housing services and counseling; provided, that not
less than $1,850,000 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 the department shall submit annual reports to the secretary of
administration and finance, the house and senate committees on ways and means
and the joint committee on housing detailing all expenditures of said program
including for each regional housing consumer education center the total number
of persons who received information and referral services, the costs for such
services rendered per consumer and the identification of consumer issues and
trends; provided further, that said department shall report to the house and
senate committees on ways and means no later than
7004-3045.. For a tenancy preservation program for neutral party consultation services in eviction cases before the housing court department of the Massachusetts trial court for individuals with disabilities and for families that contain individuals with disabilities in cases where the disability is directly related to the reason for eviction $500,000
7004-4314.. For the expenses of a service coordinators program established by the department to assist tenants residing in housing developed pursuant to sections 39 and 40 of chapter 121B of the General Laws to meet tenancy requirements in order to maintain and enhance the quality of life in 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
under sections 32 and 40 of chapter 121B of the General Laws; provided, that
notwithstanding any general or special law to the contrary, all housing
authorities operating elderly public housing shall offer first preference for
elderly public housing units which are vacant on the effective date of this
act, and thereafter, to those persons 60 years of age or older as of
7004-9024.. For a program of rental assistance for low-income families and elderly persons through mobile and project-based vouchers; provided, that rental assistance shall only be paid under a program to be known as the Massachusetts rental voucher program; provided further, that the income of the households shall not exceed 200 per cent of the federal poverty level; provided further, that the department may award mobile vouchers to eligible households currently occupying project-based units that shall expire due to the nonrenewal of project-based rental assistance contracts; provided further, that the department, as a condition of continued eligibility for vouchers and voucher payments, may require disclosure of social security numbers by participants and members of participants’ households in the Massachusetts rental voucher program for use in verification of income with other agencies, departments and executive offices; provided further, that any household in which a participant or member of a participant’s household shall fail to provide a social security number for use in verifying the household’s income and eligibility shall no longer be eligible for a voucher or to receive benefits from the voucher program; provided further, that the vouchers shall be in varying dollar amounts and shall be set by the department based on considerations, including, but not limited to, family size, composition, income level and geographic location; provided further, that notwithstanding any general or special law to the contrary, the monthly dollar amount of each voucher shall be the department-approved total monthly rent of the unit less the monthly amount paid for rent by the household; provided further, that notwithstanding any general or special law to the contrary, the use of rent surveys shall not be required in determining the amounts of the mobile vouchers or the project-based units; provided further, that any household which is proven to have caused intentional damage to its rental unit in an amount exceeding 2 month’s rent during any 1-year lease period shall be terminated from the program; provided further, that notwithstanding any general or special law to the contrary, a mobile voucher whose use is or has been discontinued shall be re-assigned within 90 days; provided further, that the department shall pay agencies $32.50 per voucher per month for the costs of administering the program; provided further, that subsidies shall not be reduced for the cost of accommodating the cost of the inspections; provided further, that notwithstanding any general or special law to the contrary, each household holding a project-based voucher 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 shall cause it to exceed the appropriation set forth in this item; provided further, that the households holding mobile vouchers shall have priority for occupancy of the project-based dwelling units in the event of a vacancy; provided further, that the department may impose certain obligations for each participant in the Massachusetts rental voucher program through a 12-month contract which shall be executed by the participant and the department; provided further, that such obligations may include, but shall not be limited to, job training, counseling, household budgeting and education, as defined in regulations promulgated by the department and to the extent these programs are available; provided further, that each participant shall be required to undertake and meet these contractually established obligations as a condition for continued eligibility in the program; provided further, that for continued eligibility, each participant shall execute this 12-month contract on or before September 1, 2008, if the participant’s annual eligibility recertification date occurs between June 30, 2008, and September 1, 2008, and otherwise on or before the annual eligibility recertification date; provided further, that any participant who is over the age of 60 years or who is disabled may be exempted from any obligations unsuitable under particular circumstances; provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees; provided further, that the department may assist housing authorities, at their written request, in the immediate implementation of a homeless prevention program utilizing alternative housing resources available to them for low-income families and the elderly by designating participants in the Massachusetts rental voucher program as at risk of displacement by public action through no fault of their own; provided further, that participating local housing authorities may take all steps necessary to enable them to transfer mobile voucher program participants from the Massachusetts rental voucher program into another housing subsidy program; and provided further, that the department of housing and community development shall strive to avoid a reduction in the value of the Massachusetts rental voucher from its value as of June 30, 2008 ........... $33,047,202
7004-9030.. For the transitional rental assistance program established under section 16 of chapter 179 of the acts of 1995; provided, that notwithstanding any general or special law to the contrary, the transitional rental assistance shall be in the form of mobile vouchers; provided further, that the vouchers shall be in varying dollar amounts set by the department based on considerations including, but not limited to, household size, composition, household income and geographic location; provided further, that any household which is proven to have caused intentional damages to its rental unit in an amount exceeding 2 month’s rent during any 1 year shall be terminated from the program; provided further, that the department shall pay agencies that administer this program an allowance not to exceed $25 per voucher per month for the costs of administration; provided further, that notwithstanding any general or special law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, but each household shall be required to pay not less than 25 per cent of its net income, as defined in regulations promulgated by the department, for units if 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 in this item is not exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which will cause it to exceed the appropriation set forth in this item; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household’s minimum rent obligation; provided further, that the word “rent”, as used in this item, shall mean payments to the landlord or owner of a dwelling unit under a lease or other agreement for a tenant’s occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that the department shall submit an annual report to the 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 consistent with chapter 179 of the acts of 1995 the amount appropriated in this item shall not annualize to more than $4,000,000 in fiscal year 2010; and provided further, that the program shall provide funding for not more than 800 mobile vouchers ......... $4,000,000
7004-9033.. For rental subsidies to eligible clients of the department of mental health; provided, that the department shall establish the amounts of such subsidies so that payment thereof and of any other commitments from this item shall not exceed the amount appropriated herein $4,000,000
7004-9201.. 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 2009 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 ..................... $4,500,000
7004-9315.. For the low-income housing tax credit program; provided, that the department may expend not more than $2,334,014 from revenue collected from fees collected under Executive Order No. 291, pertaining to low-income housing tax credits, for the costs of administering and monitoring the programs, including the costs of personnel, subject to the approval of the director of the department; and provided further, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued.............................................. $2,334,014
7004-9316.. For a program to provide assistance for homeless families moving into subsidized or private housing and families at risk of becoming homeless due to a significant reduction of income or increase in expenses; provided, that the amount of financial assistance shall not exceed $3,000 per family; provided further, that funds may be used for security deposits, first and last month’s rent, electric, gas, sewer and water utility payments for utility arrearages incurred on or after December 1, 2006; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no assistance shall be provided to any family with an income in excess of 50 per cent of the area median income; provided further, that prior to authorizing a residential assistance payment for a family, the non-profit housing agency shall make a finding that the family experienced a significant reduction of income or increase in expenses and has secured new income or a change in circumstances and that the payment will enable the family to retain its current housing, obtain new housing, or otherwise avoid homelessness; provided further, that in making these findings the agency shall, unless the facts of the case warrant otherwise, apply a presumption that the payment will enable a family to retain its housing, obtain new housing, or otherwise avoid homelessness if the family is paying less than or equal to 50 per cent of its income for that housing; provided further, that a family who is paying more than 50 per cent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing, or otherwise avoid homelessness; provided further, that residential assistance payments may be made through direct vendor payments according to standards to be established by the department; provided further, that the agencies shall establish a system for referring families approved for residential assistance payments who the agencies determine would benefit from these services to existing community-based programs that provide additional housing stabilization supports, including assistance in obtaining housing subsidies and locating alternative housing that is safe and affordable for those families; provided further, that the program shall be administered under guidelines established by the department; and provided further, that the department shall provide a status report to the secretary of administration and finance and the house and senate committees on ways and means no later than March 2, 2009, that includes, but is not limited to, all program expenditures, the number of recipients of the funds, the housing status of the recipients before and after receiving assistance, the purposes for which each family used the assistance, the administrative costs and other related costs of the program, including whether such recipient resided or continues to reside in state or federal public housing, and any other information necessary to determine the effectiveness of the program....................... $5,500,000
7004-9317.. For the Individual Development Account (
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....................................................... $1,689,673
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 or special laws or by regulations; and provided further, that this assessment shall be in addition to any assessments that the division currently assesses upon financial institutions and shall be made at a rate sufficient to produce $12,582,991 in additional revenue that shall pay for this item...................................................... $12,582,991
7006-0011.. For the costs incurred by the division of banks associated with licensure of loan originators pursuant to chapter 255F of the General Laws; provided, that the division may expend revenues in an amount not to exceed $5,000,000 from the revenue received from administrative fees associated with said licensure fees and from civil administrative penalties pursuant to said chapter 255F; provided further, that $2,000,000 shall be expended from such revenue as grants for the operation of a pilot program for best lending practices, first-time homeowner counseling for non-traditional loans and 10 or more foreclosure education centers pursuant to section 16 of chapter 206 of the acts of 2007 and that the grants shall be awarded through a competitive application process under criteria created by the division and that no funds shall be expended from this item in the AA object class for the compensation of state employees for such program; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commissioner may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system... $5,000,000
Division of Insurance.
7006-0020.. For the operation of the division of insurance, including the expenses of the board of appeal on motor vehicle liability 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 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 shall immediately transfer calls made to that office to the consumer assistance office in the city of Boston during any business hours when the western Massachusetts office is closed; provided further, that the division shall have an employee or other 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 general or special law or regulation; and provided further, that such assessment shall be in addition to any assessments that the division currently assesses upon such institutions and shall be made at a rate sufficient to produce $11,132,928 in additional revenue that will pay for this item........ $11,132,928
7006-0029.. For the operation of the health care access bureau of the division of insurance; 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 the institutions which the division currently regulates except for licensed business entity producers under powers granted to the division by general or special law or regulation; provided further, that not less than $500,000 shall be expended for costs associated with health insurance rate hearings; and provided further, that such assessment shall be in addition to any assessments that the division currently assesses upon such institutions and shall be made at a rate sufficient to produce $1,100,000 in additional revenue that will pay for this item.............................................. $1,100,000
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.................................... $4,228,906
Division of Standards.
7006-0060.. For the operation of the division of standards........... $746,958
7006-0066.. For the support of the division of standards’ 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.. For the division of standards; provided, that the division 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 measures fees and fines collected from cities and towns................ $458,900
7006-0068.. For the division of standards; provided, that the division may expend an amount not to exceed $360,000 from revenue received from license fees assessed to owners of motor vehicle repair shops......... $360,000
Department of Telecommunications and Cable.
7006-0071.. For the operation of the department of telecommunications and cable; provided, that notwithstanding the second sentence of section 7 of chapter 25C of the General Laws, the assessments levied for fiscal year 2009 pursuant to said section 7 of said chapter 25C shall be made at a rate sufficient to produce $2,513,616.................. $2,513,616
State Racing Commission.
7006-0110.. For the operation of the state racing commission....... $2,113,360
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
7007-0900.. For the operation and administration of the office of
travel and tourism; provided, that performance-based standards shall be
incorporated in all contracts executed by said office for the procurement of
tourism marketing and advertising services; provided further, that 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 not less than $1,250,000 of the amount
appropriated herein shall be expended for the operation and administration of
the Massachusetts Sports and Entertainment Commission; provided, however, that
the Massachusetts Sports and Entertainment Commission shall be the official and
lead agency to facilitate and attract major sports events and championships in
the commonwealth; provided further, that the Massachusetts Sports and
Entertainment Commission shall establish a division within the commission which
shall be the official and lead agency to facilitate motion picture production and
development within the commonwealth; provided further, that not less than
$100,000 shall be expended for the Bacon Free Library in Natick; provided
further, that $100,000 shall be expended for the Unity Church in Easton;
provided further, that $100,000 shall be expended for the Freedom Trail
Foundation Historic Preservation Trust Development Fund; provided further, that
$150,000 shall be expended for the Old Provincial State House; provided further
that no less than $50,000 be expended for the Peter’s Park Art Wall of the
Urban Art Institute; provided further that no less than $50,000 be expended for
the Friends of Peter’s Park; provided further, that not less than $100,000
shall be expended for the Kwong Kong Chinese School in Boston; provided
further, not less than $100,000 shall be expended for Chinatown Tourism and
Trust in the city of Boston; provided further that not less than $250,000 shall
be expended for Springfield Technical Assistance Program to be operated by the
Affiliated Chambers of Commerce of Greater Springfield; provided further, that
no less than $200,000 be expended for the Wilmington Historical
Commission; provided further, that
$350,000 shall be expended 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; provided further, that $50,000 be expended by the
town of Westhampton to support the renovation of and supplement existing
funding for the Westhampton town library; 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 $129,000 shall be expended for the
operation of Discover Quincy; provided further, that not less than $200,000
shall be expended to the Mahaiwe Performing Arts Center in Great Barrington;
provided further, that not less than $200,000 shall be expended to The Boston
Symphony Orchestra for the renovation, repairs, design and construction to the
grounds at Tanglewood; provided further, that not less than $17,100 shall be
expended for a technology grant for the Hopedale Police Department; provided
further, that not less than $125,000, shall be expended for the Hancock Shaker
Village for educational programming and marketing purposes; provided further,
that not less than $50,000 shall be expended for the Russian Community
Association in Springfield; provided further, that not less than $100,000 shall
be expended for a small business program in the city of Everett; provided
further, that not less than $100,000 shall be expended for the Merrimack
Repertory Theatre; provided further, that not less than $75,000 shall be
expended for the renovation of the Bing Theatre, provided further, that no less
than $100,000 shall be expended for the Italian Cultural Center of Western
Massachusetts; provided further, that not less than $250,000 shall be expended
for the North Central Massachusetts Development Corporation; provided further,
that not less than $10,000 shall be expended for the operation of the Payson
Park Music Festival in Belmont; provided further, that not less than $250,000
shall be expended for The Berkshire Museum, in the city of Pittsfield; provided
further, that not less than $75,000 shall be expended for the rehabilitation
and restoration of the Samuel Harrison House in the city of Pittsfield;
provided further, that not less than $250,000, subject to a 100 per cent
matching fund, shall be expended for the Berkshire Economic Development
Corporation; provided further, that not less than $9,000 shall be expended for
operating expenses for the Route 195 Visitor Information Center in Wareham;
provided further, that not less than $200,000 shall be expended for the Spirit
of Springfield; provided further, that not less than $50,000 shall be expended
for the purposes of the operation of the programs of the Riverside Theatre
Works, an organization located in the Hyde Park section of the city of Boston;
provided further, that not less than $125,000 shall be expended for New England
Puerto Rican Association; provided further, that not less than $175,000 shall
be expended for the Springfield Business Improvement District (SBID) of
Springfield to be used for the installation of a video camera surveillance
monitoring system throughout the central business district area of the city of
Springfield; provided further, that not less than $50,000 shall be expended to
operate the Cape Cod Junior Technology Council; provided further, that not less
than $300,000 shall be expended for the Sturbridge Heritage and Preservation
Partnership; provided further, that not less than $250,000 shall be expended
for the 495/MetroWest Corridor Partnership; provided further, that not less
than $25,000 shall be expended for the town of Halifax’s 275th Anniversary
Celebration; provided further, that not less than $1,000,000 shall be expended
through a grant application process established by the office of travel and
tourism to offset deficits that may occur during fiscal year 2009 for the
highway information centers operating year-round on state highways and
federally-assisted highways, and the visitor information centers on Boston
Common and the Prudential Center, both in the city of Boston, and the Adams
Visitor Center in Adams; provided further, that not less than $50,000 shall be
expended for the operation and administration of the Commonwealth Cup, a series
within the Canadian-American Association of Professional Baseball; provided
further, that not less than $200,000 shall be expended for the City Stage of
Springfield; provided further, that not less than $50,000 shall be expended on
Brockton’s Fuller Craft Museum; provided further, that not less than $150,000
shall be expended to the town of Wendell for an emergency assistance safety
grant; provided further, that not less than $100,000 shall be expended for
Battleship Cove in the city of Fall River to assist the Commonwealth’s official
World War II and 9/11 memorials’ educational and tourism endeavors; provided
further, that not less than $100,000 shall be expended for the Waltham Tourism
Council; provided further, that not less than $40,000 shall be expended for the
Newburyport initiative to attract new businesses and industries; provided
further, that not less than $50,000 shall be expended for the economic
development project at the Salisbury Chamber of Commerce; provided further,
that not less than $150,000 shall be expended for a child safety program for
the town of Wakefield; provided further, that not less than $50,000 shall be
expended to the Merry-Go-Round at Heritage State Park in Holyoke; provided
further, that not less than $65,000 shall be expended for the Designing an
Industry initiative at Massachusetts College of Art and Design for cluster
research and promotion of the statewide design industry; provided further, that
not less than $50,000 shall be expended for the Springfield Symphony Orchestra;
provided further, that $100,000 shall be expended for the historic Hadley Hall
in Hadley; provided further, that $150,000 shall be expended for the Central
Square Theater in Cambridge; provided further, that $500,000 shall be expended
for the Old Provincial State House for stabilization and restoration of the
building; provided further, that not less than $80,000 shall be expended as a
grant for the Pioneer Valley Visitors and Tourist Information Center in
Greenfield; provided further, that not less than $200,000 shall be allocated
for environmental improvements in downtown Methuen; provided further, that not
less than $50,000 shall be expended for the START Partnership in Framingham;
provided further, that not less than $75,000 shall be expended for the
installation of street lights in the Forest Park area of Springfield; provided
further, that not less than $100,000 shall be expended for the Cape Cod
Economic Development Council; provided further, that $75,000 shall be expended
for the Cultural Center of Cape Cod; provided further, that not less than
$100,000 shall be expended for the Cape Cod Maritime Museum located in Hyannis;
provided further, that not less than $50,000 shall be expended for the
Enterprise Center at Salem State College for the purpose of furthering economic
development on the North Shore; provided further, that $125,000 shall be expended
for the purposes of matching a federally-funded grant entitled, the Essex
National Heritage Commission Cooperative Agreement; provided further, that not
less than $50,000 shall be expended for the purposes of furthering the Historic
Ports Initiative; provided further, that not less than $300,000 shall be
expended for the Merrimack Valley Economic Development Council; provided
further, that $100,000 shall be expended for the Grand Army of the Republic
(GAR) Museum in the city of Lynn; provided further, that not less than $200,000
shall be expended by the local chambers on Cape Cod to include Cape Cod Canal
Region, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Hyannis,
Mashpee, Orleans and Yarmouth, for the purpose of operating visitor centers;
provided further, that not less than $50,000 shall be made available to the
Jacob’s Pillow Dance Festival; provided further, that no less than $2,500,000
shall be expended for a promotional program by the Massachusetts Office of
Travel and Tourism to enhance the international tourism market share of the
commonwealth, said program to include but not be limited to the countries of
Canada, Argentina, Brazil, Great Britain, Ireland, Italy, France, Germany,
Japan and Spain; provided further, that no less then $74,000 shall be expended
for the Spectacle of Lights at Heritage Museums and Gardens in Sandwich;
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 Free Shakespeare Company, a program of The Citi Performing
Arts Center, for production support for performances offered for free to the
public and for a pilot program to expand performances to Springfield and other
cities; provided further, that $200,000 shall be expended for the operation of
the Massachusetts Fisheries Recovery Commission on condition that said
commission meet quarterly with written notice to all commission members and
that the chairmanship and vice chairmanship of said commission shall be
determined by a vote of the commission annually during the first meeting of the
fiscal year; 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 $250,000 be expended for the Western Massachusetts Economic
Development Council for developing, marketing and advertising purposes;
provided further, that no less than $100,000 shall be expended for the historic
restoration of the main pier at the Gloucester Maritime Heritage Center in the
port of Gloucester; provided further, that not less than $200,000 shall be
expended as grants for the Bay State Games; provided further, that not less
than $300,000 shall be expended to the Basketball Hall of Fame in Springfield;
provided further that no less than $25,000 for the town of West Boylston’s
bicentennial as a one time request to maintain and modestly expand its programs
and continue its successful marketing efforts; provided further, that not less
than $150,000 shall be expended for streetscape improvements along Humphrey
Street in the town of Swampscott; provided further, that not less than $40,000
shall be expended for the Revere Beach Partnership, for programs only; provided
further, that no less than $50,000 shall be expended for the Petersham
Historical Society; provided further, that no less than $25,000 shall be
expended for the Quaboag Historical Society; provided further that not less
than $50,000 shall be expended for the Johnny Appleseed Visitors’ Center;
provided further, that not less than $75,000 be expended for “Marlborough
2010”; provided further, that not less than $200,000 shall be expended for the
Head of the Charles Regatta; provided further, that not less than $150,000
shall be expended for a child safety program for the city of Melrose; provided
further, that not less than $150,000 shall be expended for restoration and
repairs to the historical Crocker Field in the city of Fitchburg; provided
further, that not less than $100,000 shall be expended for an economic
development grant in the town of Braintree; provided further, that not less
than $100,000 shall be expended for the law enforcement technology fund in the
town of Franklin; provided further, that not less than $100,000 shall be
expended for the Medway Senior Center; provided further, that not less than
$200,000 shall be expended for the Zeiterion Performing Arts Center in New
Bedford; provided further, that not less than $50,000 shall be expended for the
New Bedford Art Museum for tourism production; provided further, that not less
than $1,000,000 shall be expended for the international education and foreign
language grant program fund established pursuant to Section 2VVV of chapter 29
of the General Laws; provided further, that not less than $250,000 shall be
expended for new seating in the historic Chevalier auditorium in Medford; provided further, that not less than $200,000
shall be expended for a child safety grant in the town of Hull; provided
further, that not less than $100,000 shall be expended for the Reagle Players;
provided further, that not less than $100,000 shall be expended for the Russian
Community Association of Massachusetts (RCAM) in Boston; provided further, that
not less than $25,000 shall be expended for Essex Street, between houses 506
and 509, in the Town of Saugus; provided further, that not less than $20,000
shall be expended for the Cultural Center at Elms in Chicopee; provided
further, that not less than $100,000 shall be expended for a grant for the Fino
Field Complex in Milford; provided further, that not less than $75,000 of the
funds appropriated herein shall be used to assist year round rural theater
organizations on the Lower and Outer Cape through grants for non-prime season
operating expenses and audience enhancement initiatives; provided further that
not less than $150,000 shall be expended for the North Adams Armory; provided
further, that not less than $300,000 be expended on the Cape Cod Regional
Incubator Project to be operated by the Cape Cod Chamber of Commerce; provided
further, that $100,000 shall be expended for School Zone safety projects in
Arlington; provided further, that the Executive Office of Public Safety and Security
shall receive a grant not less than $200,000 to support the establishment of a
pilot transitional employment project in four sites for very high-risk youth
and young adults ages 16 – 24 in the cities and/or geographic areas with high
incidences of violence, incarceration, court-involvement and related
activities; provided further, that the Secretary of Public Safety and Security
shall distribute grant funds through a competitive grant program that gives
preference to applications that: serve communities that have been identified as
being high risk communities for youth and young adult violence; demonstrate
multi-disciplinary collaboration, including youth/young adult serving community
organizations, state agencies, local law enforcement, medical and public health
professionals, and faith-based organizations; utilize a stages of change
framework that includes addressing intervention work with young people
including but not limited to transitional employment, education, employment
readiness, life skills, substance abuse education and treatment referral as
needed, re-entry, promoting accountability, and work with other organizations
and the Executive Office of Public Safety and Security to determine best
practices and long-term programming for transitional employment; commitment and
ability to develop and implement the pilot as proposed in the model including,
but not limited to, intensive case management component, re-hire component for
transitional employment, work with TA provider, purchase and implementation of
Efforts Towards Outcomes for tracking work and outcomes, work with evaluator,
and willingness to work as a group to demonstrate the capacity and improve the
model; have the ability to provide a minimum match of $200,000 to pilot the
project and have the administrative capacity and organizational mission to
implement such a program; and demonstrate the ability to work with the
department staff to conduct comprehensive evaluations of program development
and implementation activities; provided further, that $125,000 shall be
expended for the historic registry in the town of Stoneham; provided further,
that $125,000 shall be expended for the Sanborn House in the town of
Winchester; provided further, that not less than $10,000 be expended to the
Rumney Marsh Burial Ground Restoration Committee for the purpose of
rehabilitating the Rumney Marsh Burial Ground in Revere; provided further, that
not less than $250,000 shall be expended for the Prince Hall Youth Mentoring
Program; provided further, that not less than $100,000 shall be expended for
the operation of Learn to Cope; provided further, that not less than $50,000
shall be expended for a traffic safety grant regarding the intersection of
Highland Glenn Road and High Street in the town of Westwood; provided further,
that $100,000 shall be expended for senior transportation services provided by
Tourism Fund.......................... 100.0%
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
7007-0951.. For the operation of the Commonwealth Zoological
Corporation pursuant to chapter 92B of the General Laws; provided, that funds
appropriated in this item shall be expended for the purposes of promoting
private fundraising, achieving self-sufficiency and serving as a catalyst for
urban economic development and job opportunities for local residents; provided
further, that the corporation shall take all steps necessary to increase the
amount of private funding available for the operation of the zoos; provided
further, that funding in this line item may not be transferred through
interdepartmental service agreements; provided further, that the corporation
shall report to the house and senate committees on ways and means not later
than
7007-1000.. For assistance to regional tourist councils under section 14 of chapter 23A of the General Laws; provided, that notwithstanding any general or special law or rule or regulation to the contrary, each of the councils may expend an amount not to exceed 20 per cent of the funds appropriated in this item for the cost of administrative services... $9,000,000
Tourism Fund.......................... 100.0%
The Governor has reduced the following item by $125,000
The Legislature overrode the Governor's veto.
7007-1200.. For a program to create and maintain a more favorable and
responsive environment for the attraction and retention of technology-intensive
clusters for the commonwealth; provided, that such clusters may be
characterized by technological or market focus, geographic proximity or other
shared interests; provided further, that such cluster-support 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 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;
and provided further, that the executive director shall file a report with the
house and senate committees on ways and means detailing the activities
undertaken with the funds appropriated herein not later than
7007-1300.. For the operation of the Massachusetts International Trade Council ....................................................... $1,460,000
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 ............... $1,102,854
EXECUTIVE OFFICE OF
EDUCATION.
Office of the Secretary of
Education.
The Governor has reduced the following item and struck out certain language.
7009-6379.. For the operation of the office of the secretary of
education; provided, that agencies within the executive office may, with the
prior approval of the secretary, streamline and improve administrative
operations under interdepartmental service agreements; provided, that on a
semiannual basis the secretary shall report expenditures made relating to the
implementation of project readiness, so-called, as well as anticipated future
expenses relating to the implementation; provided further, that the report
shall be submitted to the clerks of the house of representatives and the
senate, the joint committee on education, the joint committee on higher
education and the house and senate committee on ways and means not later
December 1 and July 1 each year; and provided further, the secretary shall
expend not less than $15,000 for the commission relative to the scope of the
degree-granting authority of state colleges and the feasibility of establishing
a system of state universities pursuant to this act........................ $947,092 $932,092
Department of Elementary and Secondary Education.
7010-0005.. For the operation of the department of elementary and
secondary education; provided, that the department, in collaboration with the
commission on gay and lesbian youth established by section 67 of chapter 3 of
the General Laws, shall allocate not less than $300,000 for programming to
ensure public schools’ compliance with the board of elementary and secondary
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 not less than $100,000
shall be expended for the operation of the student advisory council established
pursuant to section 1E of chapter 15 of the General Laws; and provided further,
that not later than
7010-0012.. For grants to cities, towns and regional school districts for payments of certain costs and related expenses for the program to eliminate racial imbalance established under section 12A of chapter 76 of the General Laws; provided, that funds shall be made available for payment for services rendered by METCO, Inc. and Springfield public schools...................................................... $21,615,313
7010-0020.. For the Bay State Reading Institute, Inc.; provided, that the program shall be administered under contract to Middlesex Community College in programmatic collaboration with Framingham State College and 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 schools not meeting the above criteria may be selected for assistance if they contribute not less than half of the cost of the services they receive; 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 Massachusetts Comprehensive Assessment System 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; provided further, that funds may be used for a program to train new reading coaches and reading coach trainers; and provided further, that funds appropriated in this item for said initiative may be expended through June 30, 2010; and provided further, that not less than $250,000 shall be expended for the Massachusetts Center for Evidence-Based Literacy Instruction, the purpose of which is to incorporate data-driven instruction, particularly in reading, into the undergraduate teacher education programs at Fitchburg and Framingham State Colleges, in partnership with the Bay State Reading Institute, and to expand advanced degree programs in reading at those colleges to increase the supply of reading specialists and reading coaches who can work with or in schools, such as those who partner with the Bay State Reading Institute, to adopt evidence-based reading instruction..................... $1,450,000
7010-0216.. For the teacher, principal, and superintendent retention programs established in sections 19B, 19C, and 19E of chapter 15A of the General Laws; provided, that no funds shall be expended for personnel costs......................................................... $595,881
7010-1022.. For the development and implementation of certificates of occupational proficiency............................................ $1,300,000
7027-0016.. For matching grants for various school-to-work programs; provided, that the board of elementary and secondary 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 elementary and secondary education may determine the percentage match required on an individual grant basis; provided further, that the department of elementary and secondary 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 elementary and secondary 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 not less than $245,000 shall be made available to Junior Achievements of Massachusetts, of which not less than $75,000 shall be provided to Junior Achievement of Eastern Massachusetts, and further, of which not less than $60,000 shall be provided to Junior Achievement of Central Massachusetts, and further, of which not less than $60,000 shall be provided to Junior Achievement of Southern Massachusetts, and further, of which not less than $50,000 shall be provided to Junior Achievement of Western Massachusetts; provided further, that not less than $50,000 shall be expended for MY TURN, INC. for the purpose of school to work activities, connecting to college activities and youth workforce development activities; provided further, that not less than $150,000 shall be expended for the town of Southbridge for preventing violence and hate crimes in Kindergarten through 8; provided further, that the program shall also offer parent training and education in violence prevention and racial tolerance; provided further, that $47,926 shall be made available to the Blue Hills Regional Technical School for the Blue Hills School to Careers Partnership to fund a Teacher Externship Program and a Student Internship Program; provided further, that not less than $250,000 shall be expended for the Latino After School Initiative; provided further, that not less than $200,000 be allocated to the Massachusetts Foundation for the Humanities for an adult education program; provided further, that $250,000 shall be expended for Amer-I-Can Program, Inc. through the Black Men of Greater Springfield, Inc.; provided further, that not less than $50,000 shall be expended for the Diploma Plus Program at Cape Cod Community College; and provided further, that not less than $200,000 shall be provided for the Diploma Plus drop out prevention program in partnership with the Commonwealth Corporation and the Massachusetts Department of Elementary and Secondary Education ............................................. $3,119,517
The Governor has reduced the following item by $250,000
7027-0019.. For school-to-career connecting activities; provided, that
notwithstanding any general or special law to the contrary, the board of
elementary and secondary education, in cooperation with the department of
workforce development and the state workforce investment board, may establish
and support a public-private partnership to link high school students with economic
and learning opportunities on the job as part of the school-to-work transition
program; provided further, that such program may include the award of matching
grants to workforce investment boards or other local public-private
partnerships involving local community job commitments and work site learning
opportunities for students; provided further, that the grants shall require at
least a 200 per cent match in wages for the students from private sector
participants; provided further, that the program shall include, but not be
limited to, a provision that business leaders commit resources to pay salaries,
to provide mentoring and instruction on the job and to work closely with
teachers; and provided further, that public funds shall assume the costs of connecting
schools and businesses to ensure that students serve productively on the job................. $4,379,687 $4,129,687
7027-1004.. For English language acquisition professional development
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, that the department shall only approve professional
development courses and offerings with proven, replicable results in improving
teacher performance, and which shall have demonstrated the use of best
practices, as determined by the department, including data comparing
pre-training and post-training knowledge; provided further, that the department
shall, not later than
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 elementary and secondary
education in order to align curriculum at the department of youth services with
the statewide curriculum frameworks and to ease the reintegration of youth from
facilities at the department of youth services into regular public school
settings; and provided further, that the department of elementary and secondary
education, in conjunction with, the commissioner of youth services shall submit
a report on progress made to the house and senate committees on ways and means
by
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 department shall administer a grant program to encourage the voluntary expansion of high quality, full-day kindergarten education throughout the commonwealth; provided further, that grants of not more than $18,000 per classroom shall be made available to public schools for planning transition from half-day classrooms to full-day kindergarten classrooms; provided further, that grants may be awarded in the first year of transition to full-day kindergarten implementation as a transition to Chapter 70 funding in subsequent years; provided further, that grants funded through this appropriation shall not annualize to more than $18,000 per classroom in subsequent fiscal years; provided further, that preference shall be given to grant applicants with high percentages of students scoring in levels 1 or 2 on the Massachusetts comprehensive assessment system exam, as determined by the department based on available data; provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary; provided further, that such program shall supplement and shall not supplant currently funded local, state and federal programs at the school or district; provided further, that not less than $3,000,000 shall be expended on grants to expand half-day classrooms to new full-day classrooms; provided further, that any unexpended portion of said $3,000,000 as of January 1, 2009 may be used for quality grants or for first year transition grants as authorized by this item; provided further, that not later than January 15, 2009, the department shall report to the house and senate committees on ways and means on the total number of grants requested and awarded; provided further, that the report shall detail common factors associated with both successful and unsuccessful applications and shall include the total number of full-day and half-day kindergarten classrooms projected to be in operation in public schools in fiscal year 2010; provided further, that funds appropriated in this item for transition grant awards may be expended through August 31, 2009, for the purposes of transition projects scheduled for the school year beginning in September 2009; provided further, that all kindergarten programs previously funded through community partnership councils at the department of early education and care shall receive grants from this item in amounts not less than they received in fiscal year 2008; and provided further, that no funds shall be expended for personnel costs ...................... $33,802,216
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 department shall administer said early literacy grant programs to improve the quality and effectiveness of literacy education to the greatest extent possible; provided further, that these early literacy education programs shall be based on a scientifically-based reading research program consistent with the federal Reading First Initiative; provided further, that not less than $100,000 be expended for the TU-LEAP Program; provided further, that $435,000 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 not less than $200,000 shall be expended for the SouthCoast Mentoring Initiative for Learning, Education and Service for the dropout monitoring programs; provided further, that such programs shall supplement currently funded local, state and federal programs at the school or district; 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; and provided further, that no funds shall be expended for personnel costs ....................... $3,740,000
7030-1005.. For Reading Recovery, an early intervention individual tutorial literacy program 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 not less than $500,000 shall be expended for matching grants to school districts to support the funding of Reading Recovery teacher’s salaries in one-to-one early intervention tutorial literacy programs; and provided further, that said program shall provide ongoing documentation and evaluation of results........ $2,900,000
7035-0002.. For the provision and improvement of adult basic education services, including reading, writing and mathematics; provided, that grants shall be distributed to a diverse network of organizations which have demonstrated commitment and effectiveness in the provision of such services, and that are selected competitively by the department of elementary and secondary education; provided further, that such grants shall support the successful transition of students from other adult basic education programs to community college certificate and degree-granting programs; provided further, that such grants shall be contingent upon satisfactory levels of performance as defined and determined by the department; provided further, that in no case shall grants be considered an entitlement to a grant recipient; provided further, that the department shall consult with the community colleges and other service providers in establishing and implementing content, performance and professional standards for adult basic education programs and services; provided further, that funds shall only be expended in the CC, HH, PP, and UU object classes; and provided further, that not less than $50,000 shall be expended for an English as a Second Language Adult Evening School Program in Everett...... $31,176,348
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 ............................ $61,300,000
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 said section 8A, initial reimbursements made by the department of elementary and secondary 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 10 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 $2,075,000
7051-0015.. For operating funds to distribute food for the Massachusetts emergency food assistance program ............................... $1,247,000
7052-0006.. For grants and reimbursements to cities, towns, regional school districts and counties previously approved by the department of elementary and secondary education under chapter 645 of the acts of 1948 and chapter 70B of the General Laws for 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 elementary and secondary education shall solicit proposals from returning sponsors and school food authorities in time for implementation of such grant program during the summer of 2009; provided further, that such grants shall only be awarded to sponsors who can demonstrate their intent to offer full summer programs or increase participation; provided further, that the department shall require sufficient reporting from each grantee to measure the success of such grant program; provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2009; provided further, that not less than $2,011,060 shall be expended for the universal 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 further, that subject to regulations of the board that specify time and learning standards, breakfasts shall be served during regular school hours; provided further, that participation shall be limited to those elementary schools mandated to serve breakfast under section 1C of chapter 69 of the General Laws where 60 per cent or more of the students are eligible for free or reduced-price meals under the federally-funded school meals program; provided further, that the department shall select school sites for programs authorized by this item not later than November 14, 2008, and shall report to the house and senate committees on ways and means on the preliminary results of these grants not later than January 9, 2009; provided further, that nothing in the universal school breakfast program shall give rise to enforceable legal rights in any party or enforceable entitlement to services; and provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2009, prior appropriation continued....................................................... $4,277,635
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; 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 elementary and secondary education on its professional development expenditures, in a manner and form prescribed by the commissioner and consistent with the accountability requirements of the federal No Child Left Behind Act P.L.107-110; and provided further, that the department of elementary and secondary education shall report annually to the house and senate committees on ways and means on school districts’ professional development spending....... $3,948,824,061
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
7061-0011.. For a reserve to: (1) assist regional school districts
which, prior to fiscal year 2009, have assessed member towns using the
provisions of their regional agreement, and which, in fiscal year 2009, will
assess member towns using the required contributions calculated pursuant to
section 3; (2) assist towns impacted by stresses in the commercial
agricultural, fishing or lobster industry whose required local contribution
exceeds 75 per cent of their foundation budget; (3) assist towns negatively
impacted by shortfalls in federal impact aid for the education of children in
families employed by the federal government on military reservations located
within the town's limits; provided, that any grants provided under this item
shall be expended by a school committee without further appropriation; provided
further, that not less than $250,000 from this item shall be awarded to a
qualifying community that hosts a Veterans Administration Hospital; (4) assist
regional school districts in rural areas which meet each of the following: (a)
they have fewer than 30 full-time enrollment students per square mile; and (b)
they have experienced more than 7 per cent enrollment decline between fiscal
year 2003 and fiscal year 2008; provided further, that preference shall be
given to those districts that have joined the group insurance commission before
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 prorated so that expenses of this item do not exceed the amount appropriated in this item; provided further, that upon receipt by the department of elementary and secondary education of required special education cost reports from school districts, the department shall reimburse districts based on fiscal year 2008 claims; provided further, that not more than $11,250,000 shall be used to continue and expand voluntary residential placement prevention programs between the department of elementary and secondary education and other departments within the executive office of health and human services that develop community-based support services for children and their families; provided further, that of this $11,250,000, not less than $10,000,000 shall be made available to the department of mental retardation for the voluntary residential placement prevention program administered by that department; provided further, that $800,000 shall be expended for Recording for the Blind & Dyslexic to provide books in accessible synthetic audio format made available through the federal NIMAS-NIMAC book repository, to do outreach and training of teachers and students for the use of NIMAS-NIMAC and human speech audio digital textbooks, and for human voice recording of MCAS exams; provided further, that, of this $800,000 $285,000 shall be expended for the costs of borrowing audio textbooks by special education students; provided further, that $200,000 of said $800,000 shall be targeted toward underserved communities in Barnstable, Bristol and Plymouth counties; provided further, that of this $800,000, not less than $25,000 shall be expended for the continuation of a pilot program for Recording for the Blind and Dyslexic to provide the tenth grade math and English learning arts MCAS tests in audio digital format; provided further, that no funds shall be expended for the MCAS pilot program until the department of elementary and secondary education examines all security issues related to the pilot program and certifies to the legislature that the pilot program may be carried out without jeopardizing the security of the MCAS exams; provided further, that the report shall be completed not later than November 17, 2008 and shall be forwarded to the house and senate chairpersons of the joint committee on education and the chairpersons of the house and senate committees on ways and means; provided further, that $450,000 shall be expended for the funding of the costs of 10 intercollaborate networks throughout the Commonwealth to provide partial funding for transportation coordination, administrative support, software updates, maintenance and training; provided further, that the funding shall be expended for the purpose of expanding the 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 collaborative networks; provided further, that $100,000 shall be expended for the administrative costs for statewide transportation network coordination that will provide funding to the Massachusetts Organization of Education Collaborative for staff, supplies and materials; provided further that the funding shall be expended for providing coordination and support services to the ten collaborative transportation networks; provided further that the special education transportation task force shall submit a report, detailing the reduction in routes, vendors, and savings for participating districts and also a cost model for regions served by the collaborative network by June 30, 2009 to the joint committee on education, and the house and senate committees on ways and means; 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 districts’ compliance with the part B requirements of the federal Special Education Law, known as the Individuals with Disabilities Education Act, in the provision of special education and related services to children with disabilities; provided further, that these monitoring activities shall occur in each school district in cycles of not less than 3 years; provided further, that not more than $500,000 shall be expended to administer the reimbursements funded herein; provided further, that notwithstanding said section 5A of said chapter 71B, the department, at the discretion of the commissioner, may expend up to $5,000,000 to reimburse districts for extraordinary increases in costs incurred during fiscal year 2009 which would be reimbursable under said section 5A of said chapter 71B; provided further, that reimbursements for current year costs shall be limited to school districts which experience increases of greater than 25 per cent from costs reimbursable under said section 5A of said chapter 71B and incurred during fiscal year 2008 to costs reimbursable under said section 5A of said chapter 71B and incurred during fiscal year 2009 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 2008 claims; provided further, that if the claims are found to be inaccurate, the department shall recalculate the fiscal year 2009 reimbursement amount and adjust the third and fourth quarter payments to the districts to reflect the new reimbursement amount; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than February 13, 2009 on the results of the audits; provided further, that not less than $2,000,000 shall be expended for partial reimbursement of transportation costs associated with out-of-district placements; provided further, that no district shall be eligible for said reimbursement unless it is participating in the special education transportation pilot program funded through this item, and demonstrates that they have used and applied special education transportation software to share routes; provided further, that all eligible districts shall receive an equal pro-rated share of their total eligible costs upon submission of claims to the department of elementary and secondary education; provided further, that the department of elementary and secondary education, based on the availability of funding, may expend up to $500,000 to identify, analyze and certify promising and best practices in public and approved special educational programs that can prevent or ameliorate either neurodevelopmental problems or other deficits leading to learning deficiencies or behavior problems that result in high cost Individual Education Plans; provided further, that a portion of these available funds shall be expended to provide grants for training, dissemination and applications of research identified as promising and best practices; and provided further, that a report shall be provided to the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on education not later than March 31, 2009............................................. $230,043,700
7061-0029.. For the office of educational quality and accountability or any successor entity to the office of educational quality and accountability for the purpose of promoting school district accountability $2,974,554
The Governor disapproved the following language as indicated.
The Legislature overrode the Governor's veto.
7061-0222.. For grants issued by the department of elementary and
secondary education on a competitive basis to school departments for targeted
intervention for the purpose of establishing low-class size classrooms in
grades K-3, starting in FY09 with kindergarten, to assist the schools in
improving their performance and to establish the efficacy of such a program in
reducing gaps in achievement between at-risk and other children; provided
further that the grants shall be used for establishing a class size of 15-17
pupils for kindergartens in the selected schools, planning, professional
development, and other activities that enhance the capacity of the schools to
develop a successful program; provided further that an evaluation/research
component be included by the department to assess the efficacy of reduced class
size in the early years in enhancing student achievement; provided further that
the department may allocate a reasonable sum for evaluation/research and
administration; provided further that the department may set additional
criteria in awarding the grants, such as geographic distribution or diversity
of size or types of school systems; and provided further, that said grants
shall be coordinated by the department with all efforts undertaken through item
7061-9408 $400,000
7061-9010.. For fiscal year 2009 reimbursements to certain cities, towns and regional school districts of charter school tuition and the per pupil capital needs component included in the charter school tuition amount for commonwealth charter schools, as calculated under subsections (nn) and (oo) of section 89 of chapter 71 of the General Laws; provided, that notwithstanding the provisions of subsection (nn) of section 89 of chapter 71 of the General Laws or any other general or special law to the contrary, the per pupil capital needs component of the commonwealth charter school tuition rate for fiscal year 2009 shall be $893; and provided further, that if the amount appropriated is insufficient to fully fund all reimbursements required by said section 89, the department shall fully reimburse the cost of said per pupil capital needs component and shall pro-rate the tuition reimbursements calculated under said subsection (oo)............................ $79,751,579
7061-9200.. For the education technology program; provided, that not less than $650,000 shall be expended for the ongoing costs associated with the Education Data Warehouse and Reporting System (Data Warehouse) ....................................................... $5,448,093
7061-9400.. For student and school assessment including the administration of the Massachusetts comprehensive assessment system (MCAS) exam established by the board of elementary and secondary education pursuant to sections 1D and 1I of chapter 69 of the General Laws and for grants to school districts to develop portfolio assessments for use in individual classrooms as an enhancement to student assessment; provided, that as much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples and projects and shall facilitate authentic and direct gauges of student performance; provided further, that such portfolio assessments shall not replace the statewide standardized assessment based on the curriculum frameworks; provided further, that all school assessments shall center on the academic standards 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 .............................................. $29,310,695
7061-9404.. For grants to cities, towns and regional school districts to provide targeted remediation programs for students in the classes of 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013, scoring in level 1 or 2 on the Massachusetts comprehensive assessment system (MCAS) exam established by the board of elementary and secondary education pursuant to the provisions of sections 1D and 1I of said chapter 69 of the General Laws; provided, that the department and districts shall ensure that services are available to students with disabilities; provided further, that in awarding remediation funds, preference may be given to schools and districts at risk of or determined to be under-performing in accordance with said sections 1J and 1K of said chapter 69; provided further, that the purpose of this program shall be to improve students’ performance on the MCAS exam through replication of services and educational strategies with proven results as determined by the department of elementary and secondary education; provided further, that such programs shall supplement currently funded local, state, and federal programs at the school or district; provided further, that funds shall be expended for a competitive grant program to fund academic support and college transition services to be implemented in fiscal year 2009, 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, 2005, 2006, 2007, 2008 and 2009 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, 2009, to allow for summer remediation programs; provided further, that funds shall be expended for a competitive grant program to fund Pathways programs targeting eleventh and twelfth graders, instituted by local school districts, public institutions of higher education and qualified public and private educational services organizations and One Stop Career Centers including, but not limited to, school-to-work connecting activities, creating worksite learning experiences for students as an extension of the classroom, outreach programs for students who will need post-twelfth grade remediation to attain the skills necessary to pass 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 elementary and secondary education, for intensive remediation programs in communities with students in the graduating classes of 2003 to 2013, inclusive, who have not obtained a competency determination or have scored in levels 1 or 2 on either the English or math MCAS exams; provided further, that the department of elementary and secondary education may give preference for such assistance to those districts with a high percentage of high school students scoring in level 1 on the MCAS exam in English and math; provided further, that eligible applicants shall include individual high schools, and those institutions which shall have partnered with a high school or group of high schools; provided further, that no district shall receive a grant from this appropriation until said district submits to the department of elementary and secondary education a comprehensive district plan pursuant to the provisions of section 1I of chapter 69, to improve performance of all student populations including, but not limited to, students with disabilities; provided further, that not less than $1,000,000 shall be transferred to JFY networks, a non-profit corporation formerly Jobs for Youth, for a matching grant for the purposes of enhancing student performance on the MCAS examination through instructional computer software; 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 afterschool programs in methods for using assessment data to develop effective strategies to improve student performance on the MCAS; provided further that not less than $100,000 shall be expended for the Clean State program in the city of Springfield; provided that $15,000 shall be expended for the Lynn At-Risk Youth; provided further, that $30,000 shall be expended for the Resiliency for Life program in Framingham; provided further, that not less than $180,000 shall be expended for the Invest-in-Kids program to provide after school programs in the city of New Bedford; provided further, that not less than $125,000 shall be expended for Casa Dominicana in Lawrence; provided further, that not less than $100,000 shall be expended for Esperanza Academy School of Hope; provided further, that not less than $100,000 shall be expended for Lawrence Learning Center and Community Development in the City of Lawrence; provided further, that not less than $75,000 shall be expended for Link Services at the Pettengill House in Salisbury 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 $50,000 shall be expended for El Jolgorio’s Hispanic Writers Program for improving literacy skills and conflict resolution in Latino youth; provided further, that $50,000 shall be expended for the Astro Park at Barnstable High School; provided further, that not less than $75,000 shall be expended for Greater Lawrence Community Action Council, Inc.’s Spanish Community Services Program; provided further, that $75,000 shall be expended for The WhizKids Foundation, Inc.; provided further, that not less than $50,000 shall be expended for Centro Latino de Chelsea to provide adult basic education services in the city of Chelsea; provided further, that not less than $370,000 shall be allocated to the Framingham public schools to evaluate existing dual- immersion programs in the town of Framingham and elsewhere in the Commonwealth, including an evaluation of best practices and all professional development related to these programs; provided further, that $30,000 shall be expended to provide matching grants for Early Intervention Tutorial Literacy teachers in each of the towns of Dalton and Bernardston to provide literacy intervention services for students in danger of failure on the MCAS test; provided further, that no less than $87,500 be expended to provide funding for Camp Pohelho in Tewksbury; provided further that not less than $100,000 shall be expended for programming and activities at the Newburyport Youth Services youth enrichment center; provided further, that any evaluation will examine the likelihood and efficiency of replication of these programs and practices in school districts with a large percentage of English language learners; provided further, that these funds may be expended for professional development related to these programs; provided further, that the department shall issue a report not later than February 2, 2009, and annually thereafter as a condition of continued funding under this account, in collaboration with the department of higher education, describing MCAS support programs for the graduating classes of 2003 to 2013, 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 any grant funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary; and provided further, that no costs shall be expended for personnel costs $13,391,393
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, schools and districts which have which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations, or which have been designated Commonwealth priority schools or Commonwealth Pilot Schools pursuant to said regulations; provided, that no money shall be expended in any school or district that fails to file a comprehensive district plan pursuant to the provisions of section 1I of said chapter 69 of the General Laws; provided further, that the department shall only approve reform plans with proven, replicable results in improving student performance; provided further, that in carrying out the provisions of this item, the department may contract with school support specialists, turnaround partners, and such other external assistance as is needed in the expert opinion of the commissioner, to successfully turn around failing school and district performance; provided further, that no funds shall be expended on targeted intervention unless the department shall have approved, as part of the comprehensive district improvement plan, a professional development plan which addresses the needs of the district as determined by the department; provided further, that eligible professional development activities for purposes of this item shall include, but not be limited to: professional development among teachers of the same grade levels and teachers of the same subject matter across grade levels, professional development focused on improving the teacher’s content knowledge in the field or subject area in which the teacher is practicing, professional development which provides teachers with research based strategies for increasing student success, professional development teaching the principles of data driven instruction, and funding which helps provide common planning time for teachers within a school and within the school district; provided further, that preference in the awarding of such funds shall be given to professional development in math and English content skills; provided further, that funds from any targeted intervention grant may be used to partially offset the cost of said professional development and common planning time; provided further, that funds may be expended for the purchase of instructional materials pursuant to section 57 of chapter 15 of the General Laws; provided further, that no funds shall be expended on instructional materials except where the purchase of such materials is part of a comprehensive plan to align the school or district curriculum with the Massachusetts curriculum frameworks; provided further, that preference in distributing funds shall be made for proposals which coordinate reform efforts within all schools of a district in order to prevent conflicts between multiple reforms and interventions among the schools; provided further, that not more than $1,200,000 of this amount shall be expended on the Commonwealth pilot school initiative established by the board in November 2006; provided further, that not more than $200,000 of this amount shall be expended on regionalism study grants to explore methods of improving the delivery of education services in areas of declining student enrollment, including but not limited to, studies of fully regionalizing partial regional school districts, funding demographic studies to project future district enrollments, and exploring creative means of collaborating across regions, including sharing curriculum specialists, professional development providers, transportation services, and other educational and instructional interventions between regions; provided further, that the department shall issue a report, no later than February 2, 2009 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 include an analysis of the number of districts with curriculum plans not aligned to the Massachusetts curriculum frameworks, along with any legislative and regulatory recommendations to address the issue; provided further, that said report shall indicate the number of schools which have accepted the Commonwealth pilot school model, the reforms which they have undertaken, and the number which have expressed interest in the pilot school option; 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, 2009 to allow for intervention and school and district improvement planning in the summer months; provided further, that not less than $200,000 be expended for a pilot parent engagement program including, but not limited to, a Randolph Parents’ Academy and Parents’ Support Network operated by the Randolph Public Schools; provided further, that not more than $100,000 shall be expended to reimburse planning and implementation expenses incurred by municipalities in their efforts to establish new regional school districts; and provided further, that any funds distributed from this item to a city, town or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding any general or special law to the contrary............................................... $9,175,041
The Governor has reduced the following item by $1,500,000
7061-9411.. For the creation of leadership academies for principals and
superintendents pursuant to section 58 of chapter 15 of the General Laws;
provided, that said training shall focus on expanding and increasing the
capacity of the principal or superintendent to be an instructional and
educational leader within the district or school; provided further, that said
training shall include, but not be limited to: training in effective personnel
evaluation, curriculum development, with a focus on aligning the district and
school 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 use student achievement data to
drive instructional change, and techniques for developing collaborative
relationships with parents and community organizations; provided further, that
the department shall issue a report, not later than
7061-9412.. For grants to cities, towns, and regional school districts for the purpose of planning for and implementing expanded learning time in the form of longer school days or school years at selected schools; provided, that implementation grants shall only be provided under this item to schools and districts which submitted qualifying applications which were approved by the department in fiscal year 2008 and which including a minimum of an additional 300 hours on a mandatory basis for all children attending that school; provided further, that in approving expanded learning time implementation grant applications, preference shall be given to districts with high poverty rates or a high percentage of students scoring in levels I or II on the Massachusetts Comprehensive Assessment System, those districts with proposals that have the greatest potential for district-wide impact, those districts that plan to utilize partnerships with community-based organizations and institutions of higher education, and those districts with proposals that include a comprehensive restructuring of the entire school day and/or year to maximize the use of the additional learning time; provided further, that the department shall approve implementation proposals that include an appropriate mix of additional time spent on core academics, additional time spent on enrichment opportunities such as small group tutoring, homework help, music, arts, sports, physical activity, health and wellness programs, project-based experiential learning and additional time for teacher preparation and/or professional development; provided further, that the department shall only approve implementation proposals that assume not more than $1,300 per pupil per year in future state appropriations of expanded learning time implementation funds; provided further, that in extraordinary cases the department may exceed the $1,300 per pupil per year limit; provided further, that the department shall review all qualified proposals and award approved grants not later than August 14, 2008; provided further, that in carrying out the provisions of this item, funds may be expended by the department to evaluate the impact and effectiveness of the program; provided further, that the department shall issue an annual report, not later than February 2, 2009 on the implementation of plans in all participating districts; provided further, that said report shall include, but not be limited to: the names of schools and school districts participating; the number of students attending these schools and the nature and type of changes made in participating schools as a result of this program; provided further, that the report shall also include an anticipated budget for this program for the next fiscal year and a breakdown of the distribution of the $1,300 per student by school; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on education; provided further, that for this item, appropriated funds may be expended through August 31st, 2009 to allow for planning and implementation during the summer months; provided further, that any grant funds distributed from this item to a city, town, or regional school district shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary; and provided further, that no funds shall be expended for personnel costs at the department of elementary and secondary education...................................................... $17,500,000
7061-9600.. For a discretionary grant pilot program with the purpose of providing monies to school districts and state public institutions of higher education partnering together to offer inclusive concurrent enrollment programs for students with disabilities as defined in section 1 of chapter 71B of the General Law ages 18-22; provided, that the grant program will be limited to said students who are considered to have severe disabilities and have been unable to achieve the competency determination necessary to pass the Massachusetts comprehensive assessment system (MCAS) exam; provided further, that said students with disabilities shall be offered enrollment in credit and noncredit courses that include nondisabled students, including enrollment in noncredit courses and credit bearing courses in audit status for students who may not meet course prerequisites and requirements, and that the partnering school districts will provide supports, services and accommodations necessary to facilitate a student’s enrollment; provided further, that the department, in consultation with the department of higher education shall develop guidelines to ensure that the grant program promotes civic engagement and mentoring of faculty in state institutions of higher education, and supports college success, work success, participation in student life of the college community, and provision of a free appropriate public education in the least restrictive environment; provided further, that not more than $50,000 shall be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program including $4,000 for production of a video to be used for provision of training and technical assistance; provided further, that not more than $50,000 shall be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation including $4,000 for production of said video to be used for provision of training and technical assistance; provided further, that the department of elementary and secondary education, in consultation with the department of higher education, shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on higher education on said discretionary grant program not later than February 16, 2009; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2009 ............... $1,575,000
7061-9604.. For teacher preparations; and provided further, that not more than $70,000 shall be expended for the Sea Education Association programs for teachers............................................... $2,032,758
The Governor has reduced the following item by $75,000
The Legislature overrode the Governor's veto.
7061-9610.. For matching grants of $1,000 per enrolled child to Citizen
Schools afterschool learning programs for middle school children across the
commonwealth including, but not limited to, those administered in Boston by
Citizen Schools, in Lowell by Community Teamwork, Inc., in Malden by the
Partnership for Community Schools, in New Bedford by Positive Action Against Chemical
Addiction, in Springfield by The Martin Luther King Jr. Community Center and,
in Worcester by the Greater Worcester YMCA, upon documentation by Citizen
Schools of $1 in private sector, local or federal funds for every $1 in state
funds, and that all funds go to programs certified by Citizen Schools, Inc.;
provided, that up to $50,000 of the $550,000 shall be available to Citizen
Schools Inc. to support state-wide training and evaluation efforts, and to
further establish the efficacy of the Citizen Schools program in promoting
school success, high school completion and college and workforce success for
low-income, at-risk students across the commonwealth $550,000
7061-9611.. For grants or subsidies for after-school and out-of-school programs; provided, that preference shall be given to after-school proposals developed collaboratively by public and non-public schools and private community based programs; provided further, that the department shall fund only those applications which contain accountability systems and measurable outcomes, under guidelines to be determined by the department in consultation with the department of early education and care; provided further, that applicants shall detail funds received from all public sources for existing after school and out-of-school programs and the types of programs and type of students served by said funds; provided further, that funds may be directed to increase comprehensive after school and out of school time programming to school age children and youth during the school year and the summer, including but not limited to 21st century community learning centers programs; provided further, that funds from this item may be used for a variety of activities, including but not limited to: (1) academic tutoring and homework centers where content is linked to and based on the curriculum guidelines promulgated by said department, (2) programs which improve the health of students, including physical activities, athletics, nutrition and health education, and exercise, (3) art, theater, and music programs developed in collaboration with the Massachusetts cultural council, local cultural councils, or cultural organizations in the Commonwealth funded by the Massachusetts cultural council, (4) enrichment activities not otherwise provided during the school day, (5) advanced study for the gifted and talented, and (6) community service programs; provided further, that $100,000 from this item shall be expended for services that actively include children with disabilities in after-school programs that also serve non-disabled children and services that include children where English is a second language, including but not limited to: increased per-child reimbursement rates, additional staff, technical assistance, training, and transportation; provided further, that not less than $100,000 shall be expended for Girls, Inc. in the city of Lynn for improvements to its program as approved by the board of directors of Girls, Inc.; provided further, that the department of elementary and secondary education shall consult the executive office of health and human services and the department of early education and care to maximize the provision of wrap-around services and to coordinate programs and services for children and youth during after-school and out-of-school time programs; provided further, that the department shall select grant recipients not later than September 30, 2008, and shall report on the preliminary results of said grants not later than February 16, 2009, to the secretary of administration and finance, the house and senate chairs of the joint committee on education, and the chairs of the house and senate committees on ways and means; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2009 to allow for implementation of said programs during the summer months; and provided further, that $50,000 shall be directed to the Massachusetts After school Partnership to convene regional networks, to work with the department of elementary and secondary education and the department of early education and care to support the implementation of school-community partnerships and to submit a report by October 15, 2008, to the general court and the administration making recommendations on how to enhance school-community partnerships and positive outcomes for children and youth through funding as provided in this item....................................................... $5,550,000
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 Institute shall not be required to expend
any funds for the cost of these students while in attendance at the Institute;
provided further, that the Massachusetts Academy of Mathematics and Science
shall 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 academy shall file a
report with the joint committee on education and the house and senate
committees on ways and means by
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; and provided further, that no funds shall be expended for personnel costs ................. $1,195,840
7061-9619.. For the purpose of funding the Benjamin Franklin Institute of Technology; provided, that the institute shall have access to the Massachusetts education computer system; and provided further, that the institute may join the state buying consortium................. $1
7061-9621.. 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 the 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 not 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; provided further, that the programs may be
made available by a city, town or regional school district; and provided
further, that for the purpose of the programs, appropriated funds may be
expended through
The Governor has reduced the following item by $250,000
The Legislature overrode the Governor's veto.
7061-9626.. For grants and contracts with youth-build programs for the
purposes of providing comprehensive youth-build services .......... $2,770,500
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
elementary and secondary education shall transfer the amount appropriated in
this item to the Massachusetts Service Alliance for the purpose of these
grants; provided further, that in order to be eligible to receive funds from
this item, each public or private agency shall provide a matching amount equal
to $1 for every $1 disbursed from this item; provided further, that funds may
be expended to support the mentoring activities of the P.L.A.Y., Inc. program;
provided further, that the Massachusetts Service Alliance shall submit a report
detailing the expenditure of 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
7061-9804.. For teacher content training in math and science; provided, that said training shall include math specialist and Massachusetts test for educator licensure preparation; provided further, that funds from this item shall be expended on content based professional development in math and science, with a focus on increasing the content knowledge of elementary and middle school math and science teachers in districts with a high percentage of students scoring in level 1 or 2 on the math or science Massachusetts Comprehensive Assessment System exams, or in districts which are at risk of or determined to be underperforming in accordance with sections 1J and 1K of chapter 69 of the General Laws; provided further, that such professional development courses shall demonstrate proven, replicable results in improving teacher and student performance, and shall demonstrate the use of best practices, as determined by the department, including data comparing pre-training and post-training content knowledge; provided further, that not less than $100,000 shall be expended for the Massachusetts Math and Science Initiative for the purpose of providing grants to no less than 10 school districts for teacher training for advanced placement instruction; provided further, that the department shall report, not later than February 16, 2009, on the number of educators provided content training under this item, the estimated number of math and science teachers currently teaching without certification, and any legislative or regulatory recommendations necessary to make middle school and elementary math and science education more rigorous and data driven; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education; provided further, that no funds shall be expended for personnel costs; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2009 ........... $991,367
The Governor disapproved the following language as indicated.
The Legislature overrode the Governor's veto.
7061-9805 . For administering a Bullying Prevention Program for schools
to implement bullying prevention and intervention plans throughout the
commonwealth; provided, that not less than $50,000 shall go to the department
of elementary and secondary education for the purposes of administering the Bullying
Prevention Program and maintaining a Bullying Prevention Resource repository
online at the department's web page; and provided further, that not less than
$200,000 shall be appropriated to the Massachusetts Aggression Reduction Center
at Bridgewater State College for the purposes of working in consultation with
the department of elementary and secondary education to expand the Center's
capabilities to bring policy-production and bullying prevention services to
public schools in the commonwealth.............................. $250,000
Department of Higher Education.
The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
7066-0000.. For the operation of the department of higher education;
provided, that the department shall recommend savings proposals that permit
institutions of public higher education to achieve administrative and program
cost reductions, resource re-allocation and program re-assessment and to
utilize resources otherwise available to such institutions; provided further,
that in order to meet the estimated costs of employee fringe benefits provided
by the commonwealth on account of employees of the Massachusetts State College
Building Authority and the University of Massachusetts Building Authority, and
in order to meet the estimated cost of heat, light, power and other services,
if any, to be furnished by the commonwealth to projects of these authorities,
the boards of trustees of the state colleges and the University of
Massachusetts shall transfer to the General Fund from the funds received from
the operations of the projects such costs, if any, as shall be incurred by the commonwealth
for these purposes in the current fiscal year, as determined by the appropriate
building authority, verified by the commissioner of higher education and
approved by the secretary of administration and finance; provided further, that
$2,000,000 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; provided further, that not less than $2,000,000
shall be expended for the department to make payments to public higher
education institutions for the dual enrollment program allowing qualified high
school students to take college courses; provided further, that public higher
education institutions may offer courses in high schools in addition to courses
offered at the institutions or online if the number of students is sufficient;
and provided further, that not less than $250,000 shall be expended for the
establishment of text-messaging emergency notification systems at the campuses
of the University of Massachusetts and all state and community colleges in
coordination with the department of public safety................................................. $6,512,898
7066-0005.. For the commonwealth’s share of the cost of the compact for education ......................................................... $112,924
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
7066-0009.. For the New England board of higher education; provided,
that not less than $100,000 shall be expended for the College Ready New England
program.................................................. $467,500
7066-0015.. For the community college workforce training incentive grant program established in section 15F of chapter 15A of the General Laws $2,000,000
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 ................ $1,285,000
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 commissioner 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 $14,395,295 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 the Massachusetts state scholarship office shall expend not less than $20,773,508 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 $350,000 shall be made available to provide financial assistance for Massachusetts residents enrolled at public higher education institutions to participate in the Washington Center-Massachusetts Initiative Academic Internship program; provided further, that except as otherwise provided in this act, all 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 commissioner 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 $1,689,945 shall be expended on the administration of the scholarship program; provided further, that not less than $4,000,000 shall be expended on a 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 further, 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 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 department, but who have displayed talent and capability at working with young children that make them strong applicants for this scholarship opportunity; provided further, that not less than $1,000,000 of said funds shall be expended on a pilot scholarship program for math and science teachers who have received waivers from certification regulations, and are “out of field teachers”, so-called; provided further, that the board of higher education, acting in consultation with the board of elementary and secondary education, shall establish appropriate guidelines and application criteria for the administration of the program; provided further, that the scholarship 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 math and science teachers who are taking higher education courses or pursuing degrees to meet the teacher certification requirements of the department of elementary and secondary education; provided further, that eligible recipients shall be math and science teachers who are working in the commonwealth and who commit to continue teaching math and science for a term of service after graduation to be determined by the boards; provided further, that preference shall be given to applicants identified by their superintendent or principal as highly talented educators who have already displayed commitment to education and to instructional excellence, who do not otherwise meet the certification requirements of the department, but who have displayed talent and capability in working with children that make them strong applicants for this scholarship opportunity; provided further, that not less than $850,000 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 level, 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 department of higher education; provided further, that One Family Inc. shall work with the department 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 not later than January 15, 2009; provided further, that said report shall include the number of applications for said grants in fiscal year 2009, number of awards granted, amount of said awards and program projections for fiscal year 2009; 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 a foreign language, 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 ......................... $96,875,218
The Governor has reduced the following item by $200,000
The Legislature overrode the Governor's veto.
7077-0023.. For a contract with the Tufts School of Veterinary
Medicine; provided, that funds appropriated in this item shall be expended
under the resident veterinary tuition remission plan submitted
7520-0424.. For a health and welfare reserve for eligible personnel employed at the community and state colleges........................... $5,670,398
University of Massachusetts .
The Governor has reduced the following item by $4,133,602
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 $1,500,000 shall be provided to the University of
Massachusetts Medical School to enhance efforts to increase the number of
graduating medical students in primary care specialties including, but not
limited to: increasing enrollment of the incoming class by not less than 10
students, increasing financial incentives for those choosing careers in primary
care and expanding undergraduate medical education programs in primary care;
provided further, that not more than $200,000 of said $1,500,000 shall be used
to coordinate primary care workforce outreach, tracking and training with the
center for primary care recruitment and placement within the department of
public health; 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 $500,000 shall
be expended in fiscal year 2009 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, that not less than $25,000 shall be expended for the
maintenance of the cranberry bog at the University of Massachusetts at Amherst
Cranberry Station at Wareham; provided further, that not less than $368,000 shall
be expended for the Mauricio Gaston Institute for Latino Community Development
and Public Policy at the University of Massachusetts at Boston; provided
further, that not less than $350,000 shall be expended for the William Trotter
Institute; provided further, that the sum expended for the UMass Extension in
fiscal year 2009 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 and recommended by the UMass Extension Board
of Public Overseers; provided further, that not less than $250,000 shall be
expended for the Future of Work Initiative at the University of Massachusetts
Labor Centers at the Amherst, Boston, Dartmouth and Lowell campuses; provided
further, that not less than $150,000 shall be expended for an ongoing study by
the University of Massachusetts at Amherst’s agricultural department, of the
winter moth worm and methods to minimize or eliminate its damage; provided
further, that not less than $60,000 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 $50,000 shall be expended
for the 4-H program; and provided further, that not less than $50,000 shall be
expended for the UMASS Dartmouth Center for Business Research............... $496,385,600 $492,251,998
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; provided, that not less than $250,000 shall be expended for research on breast cancer prevention performed in collaboration with the University of Massachusetts at Lowell, the Silent Spring Institute and the Massachusetts Breast Cancer Coalition ....................................................... $1,917,454
7100-0500.. For the operation of the department of higher education’s
Commonwealth College Honors program at the
University
of
Massachusetts
at
7100-0700.. For the operation of the office of dispute resolution at
the University of
Massachusetts
at
State Colleges.
The Governor has reduced the following item by $172,743
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 ....................... $39,708,032 $39,535,289
The Governor has reduced the following item by $155,943
7110-0100.. For Fitchburg State College; provided, that Fitchburg State
College may expend funds to assist public schools in the cities of Gardner,
Fitchburg and Leominster to build capacity, including professional development,
infrastructure and hardware, for a pilot wireless learning initiative in
Worcester county ....................... $27,965,597 $27,809,654
The Governor has reduced the following item by $261,698
7112-0100.. For Framingham State College; provided, that not less than
$160,000 shall be expended for the regional economic research center; and
provided further, that $130,000 shall be expended for the operation of the
commonwealth’s global education centers .......... $25,113,809 $24,852,111
The Governor has reduced the following item by $92,732
7113-0100.. For the Massachusetts College of Liberal Arts; provided,
that not less than $350,000 shall be expended for capacity building through the
wireless learning initiative in conjunction with the Massachusetts Technology
Collaborative; and provided further, that of said $350,000 not less than
$100,000 shall be expended for the assessment and evaluation of the higher
education resources available to the residents of Berkshire County .................................. $14,465,462 $14,372,730
The Governor has reduced the following item by $240,617
7114-0100.. For Salem State College; provided, that not less than
$200,000 shall be expended for the aquaculture program established under
section 274 of chapter 38 of the acts of 1995; provided further, that not less
than $922,313 shall be expended for the second degree nursing program; and
provided further, that not less than $701,000 shall be expended for the
operation and maintenance costs associated with the acquisition of the
GTE/Sylvania property located in the city of Salem ... $40,065,432 $39,824,815
The Governor has reduced the following item by $69,837
7115-0100.. For
The Governor has reduced the following item by $72,532
7116-0100.. For Worcester State College; provided, that not less than
$300,000 shall be expended for the Latino Education Institute ....... $23,740,787 $23,668,255
The Governor has reduced the following item by $176,043
7117-0100.. For the
Massachusetts
College
of Art ................. $15,378,203 $15,202,160
The Governor has reduced the following item and struck out certain language.
7118-0100.. For the Massachusetts Maritime Academy; provided, that not
less than $325,000 shall be expended for the development of an alternative
energy source with Massachusetts Technology Collaborative; provided further,
that not less than $454,000 shall be expended for the 1-time purchase of an
engineering power plant simulator to provide training for public safety
officials and other maritime agencies; and provided further, that $100,000
shall be expended for the Woods Hole Diversity Advisory Committee............................................. $14,730,086 $14,077,588
Community Colleges.
The Governor has reduced the following item by $173,244
7502-0100.. For Berkshire Community College; provided, that not less
than $100,000 shall be available for the operation and maintenance costs
associated with the use of the Joseph Scelsi Intermodal Center, located in the
city of Pittsfield, by Berkshire Community College and Massachusetts College of
Liberal Arts........................................ $9,556,459 $9,383,215
The Governor has reduced the following item by $357,413
7503-0100.. For
Bristol
Community
College ......................... $16,533,805 $16,176,392
The Governor has reduced the following item by $234,535
7504-0100.. For Cape Cod Community College; provided, that not less
than $126,652 shall be expended for the operation of the environmental
technology, education and job training partnership; provided further, 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 energy and environmental affairs and the
University of Massachusetts at Dartmouth shall participate in the testing and
evaluation of innovative technologies.......................................... $11,805,132 $11,570,597
The Governor has reduced the following item by $167,235
7505-0100.. For
Greenfield
Community
College ....................... $9,388,876 $9,221,641
The Governor has reduced the following item by $428,674
7506-0100.. For
Holyoke
Community
College ......................... $19,179,959 $18,751,285
The Governor has reduced the following item by $216,727
7507-0100.. For
Massachusetts Bay
Community College .............. $14,260,213 $14,043,486
The Governor has reduced the following item by $403,415
7508-0100.. For
Massasoit
Community
College ...................... $20,749,341 $20,345,926
The Governor has reduced the following item by $307,551
7509-0100.. For
Mount
Wachusett
Community College
; provided, that
not less than $100,000 shall be expended for the Latino education and family
development program................................... $13,142,497 $12,834,946
The Governor has reduced the following item by $366,628
7510-0100.. For Northern
Essex
Community College ................. $19,531,078 $19,164,450
The Governor has reduced the following item by $412,363
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; provided, that not less than
$250,000 shall be expended for the public policy institute and resource center $21,015,308 $20,602,945
The Governor has reduced the following item by $275,991
7512-0100.. For
Quinsigamond
Community
College
; provided, that not less than $100,000
shall be expended to support the development of a
South
County
Quinsigamond
Community College
satellite campus....... $15,510,951 $15,234,960
The Governor has reduced the following item by $469,405
7514-0100.. For Springfield Technical Community College; provided, that
not less than $535,206 shall be expended 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 further, 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............................... $25,165,995 $24,696,590
The Governor has reduced the following item by $180,368
7515-0100.. For
Roxbury
Community
College
; provided, that not less than $946,000
shall be expended for the operation of the Reggie Lewis Track and
Athletic
Center ....................................... $11,551,618 $11,371,250
7515-0121.. For the Reggie Lewis Track and Athletic Center at Roxbury Community College; provided, that the college may expend an amount not to exceed $529,843 received from fees, rentals, and facility expenses associated with the running and operation of national track meets, high school track meets, high school dual meets, Roxbury Community College athletic events, other special athletic events, conferences, meetings, and programs; and provided further, that only expenses for contracted services associated with these events and for the capital needs of the facility shall be funded from this item; prior appropriation continued......................................................... $529,843
The Governor has reduced the following item by $410,257
7516-0100.. For
Middlesex
Community
College ....................... $20,489,236 $20,078,979
The Governor has reduced the following item by $470,898
7518-0100.. For
Bunker Hill
Community
College
; provided, that $108,000 shall be
obligated for the life focus center................... $21,349,398 $20,878,500
EXECUTIVE OFFICE OF PUBLIC
SAFETY
Office of the Secretary.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
8000-0000.. 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 the executive office of
public safety, in conjunction with the criminal history systems board, shall
perform a study relative to establishing a statewide central register
containing all available identifying data of any missing person, which includes
any adult suffering from dementia missing from his normal and ordinary place of
residence and whose whereabouts cannot be determined by the person responsible
for such person’s care; provided further, that the department shall submit a
report detailing the findings of said study to the house and senate committees
on ways and means not later than
Highway Fund........................... 85.0%
General Fund........................... 15.0%
8000-0010.. For community policing grants to be administered by the
executive office of public safety and security; provided, that no such grants
shall be awarded to the department of state police; provided further, that any
community that received funds through this item in fiscal year 2008 shall
receive at least that amount in fiscal year 2009; 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
8000-0038.. For the operation of a witness protection program pursuant to chapter 263A of the General Laws; prior appropriation continued
8000-0040.. For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers. $50,202,122
8000-0054.. For municipal police grants to be administered by the executive office of public safety and security; provided, that no such grants shall be awarded to the department of state police; provided further, that these funds are intended for funding of municipal officers, but not as a permanent subsidy; provided further, that the executive office of public safety and security in conjunction with representatives from municipal government and law enforcement, the house and senate committees on ways and means and the joint committee on public safety and homeland security shall develop a formula to distribute the funds; provided further, that grant recipients shall submit quarterly reports to the executive office of public safety and security, the house and senate committees on ways and means and the joint committee on public safety and homeland security which shall detail the fiscal and programmatic steps taken with the grant funds to enhance municipal policing efforts; and provided further, that not more than $100,000 of the sum appropriated in this item shall be expended for costs to administer the program........ $4,000,000
8000-0060.. For the costs associated with implementation of chapter 228 of the acts of 2000; provided, that the secretary of public safety and security may allocate funds appropriated in this item to agencies within the executive office of public safety and security............ $10,000
Office of Chief Medical Examiner.
8000-0105.. For the operation of the office of the chief medical
examiner established pursuant to chapter 38 of the General Laws; provided, that
the agency shall submit a report to the house and senate committees on ways and
means not later than
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; 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; provided further, that
the agency shall report to the house and senate committees on ways and means,
and the joint committee on public safety and homeland security, not later than
Criminal History Systems Board.
8000-0110.. For the operation of the criminal history systems board;
including criminal justice information services, criminal offender record
information services, firearms support services, and victim services; 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 of the General Laws and clause (c) of the first
paragraph of section 172 of chapter 6 of the General Laws; provided further,
that the 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 offender record information when qualifying applicants for
state-assisted housing; provided further, that the board shall, not later than
September 30, 2008, 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 making corrections to
a criminal offender record information report to an individual who submits
evidence to the board that 1 or more charges in a criminal offender record
information report distributed by the board and purportedly relating to that
individual, in fact, do not relate to that individual; (c) limit the
distribution of criminal offender record information to conviction data and
data regarding any pending criminal charge, except as otherwise authorized by
law; and (d) require that any entity other 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; provided further, that not later
than January 1, 2009, 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; and provided
further, that not less than $346,417 shall be expended for a
Highway Fund........................... 50.0%
General Fund........................... 50.0%
8000-0122.. The office of the chief medical examiner may expend for its operations an amount not to exceed $1,300,000 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 ... $1,300,000
Criminal History Systems 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; provided, that the $75 registration fee paid by convicted sex offenders shall be directed from the General Fund to the Massachusetts Office for Victim Assistance............................................. $4,928,494
8000-0202.. For the purchase and distribution of sexual assault evidence collection kits; provided, that no funds shall be expended in the AA object class; and provided further, that administrative resources provided from other items for the implementation of this program in fiscal year 2008 shall not be reduced in fiscal year 2009....................... $120,000
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
8100-0000.. For the administration and operation of the department of
state police; provided, that the department shall expend funds from this item
for the 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 energy and environmental affairs at no cost to, or
compensation from, that office; provided further, that not less than $2,710,146
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 for directed patrols in fiscal year 2008 shall receive 100 per cent of
the amount so earmarked in fiscal year 2009; provided further, that not less
than $1,050,000 shall be expended to curb gang-related activities; provided
further, that not less than $150,000 shall be provided for the State Courts
Against Road Rage program; provided further, that any municipality that was
eligible to receive earmarked funds for curbing gang-related activities in
fiscal year 2008 shall receive the same amount in fiscal year 2009; provided
further, that there shall be a study submitted to the house and senate
committees on ways and means not later than January 30, 2009, on traffic
details worked by the department of state police, including troops A, B, C, D,
E, F, and H, over the last 5 years, which shall detail, on a monthly
basis: the total number of hours worked on traffic details by state
police officers, the total amount paid to state police officers for traffic
details, the standard hourly rates for traffic details done by state police
officers and the city or town in which traffic details are performed by state
police officers; provided further, that not less than $90,121 shall be expended
for the costs associated with a training seminar for fourteen members of the
Massachusetts State Police Bomb Squad in collaboration with the Israeli General
Security Service and the Israeli National Police; 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................... $256,755,080
Highway Fund........................... 88.2%
General Fund........................... 11.8%
8100-0006.. For private police details; provided, that the department may expend up to $19,000,000 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 2009 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 2009............................................. $19,000,000
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 ..... $5,000,000
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 2009, 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: (a) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (b) provisions governing payment to the department for the cost of furnishings and equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the 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: (a) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (b) provisions governing payment to the department for the cost of equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the 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.. For the department of state police; provided, that the department may expend for the costs of security services provided by state police officers, including overtime and administrative costs, an amount not to exceed $900,000 from fees charged for these services; 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 $900,000
8100-0020.. For the department which may expend an amount not to exceed $135,000 in fees charged for the use of the statewide telecommunications system for the maintenance of the system............................ $135,000
8100-0101.. For the department which may expend for the Governor’s Auto Theft Strike Force an amount not to exceed $331,200 from fees for services performed through the auto etching program and from assessments upon the insurance industry................................................. $331,200
8100-0111.. For a grant program to be known as the Senator Charles E. Shannon, Jr. Community Safety Initiative, to be administered by the executive office of public safety and security, to support regional, multidisciplinary approaches to combat gang violence through coordinated programs for prevention and intervention, coordinated law enforcement, including regional gang task forces and regional crime mapping strategies, focused prosecutions and reintegration strategies for ex-convicts; provided, that the secretary of public safety and security shall distribute grant funds through a competitive grant program that gives preference to applications that: (a) demonstrate high levels of youth violence, gang problems and substance abuse in a region; (b) demonstrate a commitment to regional, multijurisdictional strategies to deal with such community safety issues, including written commitments for municipalities, law enforcement agencies, community-based organizations and government agencies to work together; (c) clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address gang activity; (d) make a written commitment to match grant funds with a 25 per cent match provided by either municipal or private contributions; and (e) identify a local governmental unit to serve as fiscal agent; provided further, that clusters of municipalities, in partnership with nonprofit organizations and other agencies, including district attorney’s offices, may apply for such funds; provided further, that such funds shall be considered one-time and grants awarded to public agencies and shall not annualize into fiscal year 2010 or subsequent years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security shall publish guidelines and an application for the competitive portion of the grant program not later than August 15, 2008; provided further, that awards shall be made to applicants not later than December 15, 2008; and provided further, that the executive office of public safety and security may expend not more that $100,000 of the sum appropriated in this item for its costs in administering the programs...................................................... $13,000,000
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 statewide 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 $25,000 shall be provided for the purposes of additional rental and utility payments to the town of Boylston; provided further, that not less than $25,000 shall be expended to the town of Salisbury as startup funding for the new Essex County Policy Institute, a reserve officer training academy; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item....................... $2,911,398
8200-0222.. The committee may collect and expend an amount not to exceed $1,262,500 for the purposes of providing training to new recruits; provided, that the committee shall charge $2,500 per recruit for the training; provided further, that notwithstanding any general or special law to the contrary, the committee shall charge a fee of $2,500 per person for training programs operated by the committee for all persons who begin training on or after July 1, 2008; 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 2008 and 2009; provided further, that the report shall be submitted to the house and senate committees on ways and means no later than January 1, 2009; 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 ................................................ $1,262,500
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; provided further, that the salaries of the commissioner and the deputy commissioner of the department of public safety shall be paid from this item; and provided further, that not less than $150,000 shall be expended for the University of Massachusetts Lowell Environmental Health and Safety Department for the use of fire intumescent/refractory paint $2,771,301
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 42 full-time equivalent elevator
inspectors, including an additional engineer inspector; provided further, that
such additional engineer inspector’s duties shall include, but not be limited
to, administering pipefitter license examinations; provided further, that such
an additional engineer inspector and elevator inspectors shall be regular state
employees compensated from the AA object class of this item; provided further,
that such additional engineer inspector position shall be in addition to any
such positions added during fiscal year 1995; provided further, that the
division shall develop reasonable rules or promulgate regulations for the
granting of hardship fee exemptions to certain owners or persons in control of
a building or domicile in which an elevator is operated; provided further, that
the division shall report to the house and senate committees on ways and means
on the elevator inspection backlog not later than
8315-1020.. For the department of public safety which may expend not more than $1,818,600 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 the department shall provide a full waiver of the inspection fee for an individual who requires a wheelchair lift as a medical necessity and whose annual income does not exceed the maximum allowable federal SSI benefit, or $7,236 a year, whichever is greater; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to more than the lesser of this authorization or the most-recent revenue estimate as reported in the state accounting system....................................................... $1,818,600
8315-1025.. The department of public safety may collect and expend an amount not to exceed $130,000 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.............................. $130,000
Department of Fire Services.
The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
8324-0000.. For the administration of the department of fire services,
including the state fire marshal’s office, the Boston Fire Department training
academy, 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 and the operations of the Boston Fire Department
training academy; provided, that the fire training program shall use the split
days option; provided further, that $1,296,000 shall be provided for the
Commonwealth’s Hazardous Material Response Teams; provided further, that not
less than $1,200,000 shall be expended for the
SAFE
program, which shall include information about the fire risks caused by
smoking; provided further, that not less than $100,000 shall be expended for
the administration of a statewide program to provided critical incident stress
intervention for fire departments in cities, towns and fire districts
including, but not limited to, consultant services, training, equipment and
supplies; provided further, that $1,150,000 shall be provided for the Boston,
Cambridge and Everett Fire Department Hazardous Material Response Teams;
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 in the commonwealth and paid within 30 days
after receipt of notice of such assessment from the commissioner of insurance;
provided further, that notwithstanding any general or special law to the
contrary, 100 per cent of the amount appropriated in this item for 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 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 2009 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, under 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 to maintain and improve services of the Norfolk County Regional Fire
& Rescue Dispatch Center; provided further, that not less than $2,500,000
shall be expended for the firefighting equipment grant program for fire
departments of every city, town, fire district and authority of the
commonwealth to be administered by the executive office of public safety;
provided further, that the expenses of the fire safety commission shall be paid
from this item; provided further, that not less than $1,750,000 shall be
provided for the Boston Fire Department training academy; and provided further,
that not less than $28,812 shall be expended for the costs of operating the
Hampshire/Franklin juvenile fire setters intervention program $19,398,315
8324-0304.. For the department of fire services; provided that the department may expend for the purposes of enforcement and training an amount not more than $300,000 from revenue generated under chapter 148A of the General Laws and sections 8 and 9 of chapter 304 of the acts of 2004 $300,000
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 adopted under those sections................. $114,342
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; provided further, that the division may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services; and provided further, that the adjutant general shall maintain a roster of Massachusetts veterans as directed by section 15 of chapter 33 of the General Laws $9,207,659
8700-1140.. For the state quartermaster who may expend not more than $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 not more than $250,000 for salaries, subsistence, quarters and associated costs for national guard soldiers ordered to perform state missions under 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
8700-1150.. For reimbursement of the costs of the Massachusetts
national guard tuition and fee waivers under section 19 of chapter 15A of the
General Laws; provided, that no funds shall be distributed from this item prior
to certification by the state and community colleges and the University of
Massachusetts of the actual amount of tuition and fees waived for national
guard members attending public institutions of higher education under said
section 19 of said chapter 15A that would otherwise have been retained by the
campuses, according to procedures and regulations promulgated by the military
division of the Massachusetts national guard; provided further, that funds from
this item may be expended through
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 ...... $1,458,182
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 public utilities shall develop an equitable method of apportioning such assessments among such licensees; and provided further, that such assessments shall be paid during the current fiscal year as provided by the department....................... $419,553
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 public utilities shall develop an equitable method of apportioning such assessments among the licensees; provided further, that such assessments shall be paid during the current fiscal year as provided by the department; 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 companies” shall not include municipalities or municipal light plants................. $304,272
8800-0300.. For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire, including a continuous real-time radiological monitoring system for cities and towns in the commonwealth 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 the commonwealth which own, in whole or in part, or purchase power from the Seabrook nuclear power plant; provided further, that the department of public utilities shall develop an equitable method of apportioning such assessments among the licensees; provided further, that such assessments shall be paid during the current fiscal year as provided by the department; 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 an amount shall be allocated so that the 7 western towns in the commonwealth designated as ”emergency planning zones” may be additionally monitored by the department of public health through the purchase of expert scientific and academic advice and appropriate equipment; provided further, that said allocation will be funded by the utilities that purchase power from the Vermont Yankee Nuclear Power Plant; provided further, that not less than $75,000 shall be expended for Phase 2 of the monitoring update for C-10 of Newburyport; provided further, that 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, 2009 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.. For the operation of the commonwealth’s department of correction; provided, that the department shall expend not less than $1,010,500 for 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 and security shall report to the house and senate committees on ways and means and public safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, the commissioner of corrections and the secretary of public safety and security shall report to the house and senate committees on ways and means and public safety before January 1 of each year the point score compiled by the department of correction’s objective classification system for all prisoners confined in each prison operated by the department; provided further, that not less than $80,000 shall be provided for the Dismas House in Worcester; provided further, that the department shall expend not less than $750,000 to the municipality hosting the facility at Cedar Junction; provided further, that in an effort to monitor and reduce current levels of over-classification, the department of correction shall provide quarterly reports to the joint committee on public safety and the house and senate committees on ways and means with data on the number of prisoners at each security level; provided further that not less than $150,000 shall be expended to the Black Men of Greater Springfield, Inc., so-called, in Springfield to act as the lead agency to provide after school and out-of school programs, and programs to avoid and reduce incarcerations, recidivism, gang-violence, and promote good citizenship; provided further, that not less than $200,000 shall be provided for the Aid to Incarcerated Mothers organization; provided further, that the department may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the parole board and the sex offender registry board; and provided further, that $192,000 shall be expended for the community that hosts the Bay State Correctional Center..................................................... $530,536,205
8900-0010.. For prison industries and farm services................ $3,137,417
8900-0011.. For a prison industries and farm services revenue retention account; provided, that the department may expend an amount not to exceed $2,600,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system ...................................... $2,600,000
8900-0045.. The department of correction may expend for the operation of the department, including personnel-related expenses, an amount not to exceed $3,000,000 from revenues received from federal inmate reimbursements; provided, that $900,000 from these reimbursements shall not be available for expenditure and shall be deposited in the General Fund before the retention by the department of any of these reimbursements; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................... $3,000,000
8900-1100.. For re-entry programs at the department of correction
intended to reduce recidivism rates; provided, that said programs shall be in
addition to those provided in fiscal year 2006; provided further, that the
department shall report to the house and senate committees on ways and means
not later than
County Correction .
8910-0000.. For a reserve to fund county correctional programs; provided, that funds appropriated in this item shall be distributed among the sheriffs departments of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties by the county government finance review board upon prior notification to the house and senate committees on ways and means; provided further, that funds made available to Plymouth county may be expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place the funds in a separate account within the treasury of each such county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth under this item; provided further, that upon receipt of the state distribution, the treasurer may transfer out of such account an amount equal to the funds so advanced; provided further, that all funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs’ departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff’s department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff’s department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts Sheriffs’ Association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by object class and object code in accordance with the expenditure classification requirements promulgated by the comptroller; provided further, that such spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time or part-time status; provided further, that such spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 2009 unless such purchase is made pursuant to a multicounty or regionalized collaborative procurement arrangement or unless such purchase is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis and is approved by the county government finance review board and the executive office of public safety and security; provided further, that notwithstanding the other provisions in this item, sheriffs may purchase “marked” prisoner transportation vans, upon notification to the county government finance review board; provided further, that notwithstanding any special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees; provided further, that such revenues shall be retained by the sheriffs not subject to further appropriation for use in a canteen fund; provided further, that the county government finance review board and the executive office of public safety and security shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that the daily count sheet for county facilities, compiled by the executive office of public safety and security, shall be filed with the Massachusetts Sheriffs’ Association at least monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs’ Association; provided further, that on or before August 15, 2008, each county sheriff shall submit a final spending plan for fiscal year 2009 to the county government finance review board and the house and senate committees on ways and means detailing the level of resources deemed necessary for the operation of each county correctional facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 2009, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and security and the house and senate committees on ways and means copies of such spending plans not later than August 15, 2008; provided further, that on or before September 15, 2008, the county government finance review board shall have approved final fiscal year 2009 county correction budgets; provided further, that the county government finance review board shall provide the executive office of public safety and security and the house and senate committees on ways and means with copies of such approved budgets not later than October 15, 2008; provided further, that such budgets shall include distribution schedules for the final 2 quarters of fiscal year 2009 and such plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated in this item and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed the appropriation; provided further, that each county shall expend during fiscal year 2009, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2008 for such purposes from own-source revenues, which shall not be less than 5 per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 2009, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated in this item, the maintenance of effort obligations for Suffolk county shall be 4 per cent of the total fiscal year 2009 Suffolk county correction operating budget as approved by the county government finance review board; provided further, that notwithstanding any general or special law to the contrary, the deputy commissioner of local services shall certify on or before May 15, 2009 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality’s prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if a municipality fails to transfer such obligation, the deputy commissioner shall withhold an amount equal to the shortfall in the obligation due to the county from such municipality’s fourth quarter local aid “cherry sheet” distribution, authorized from item 0611-5500 of section 2 and from funds made available from the State Lottery Fund distribution in section 3; provided further, that on or before August 1, 2008, the deputy commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 2009, notwithstanding section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for the fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after September 01, 2008 for Bristol County, September 01, 2008 for Suffolk County, January 15, 2009 for Norfolk County and March 15, 2009 for Barnstable and Dukes Counties; and provided further, that after said dates, no charge or contract shall be made with alternate vendor to provide pharmacy services other than the state office of pharmacy services............................................. $195,179,966
8910-0002.. For the administration of a sex offender warrant unit
program in the
8910-0003.. For 2 regional behavioral evaluation and stabilization
units to provide forensic mental health services within existing physical
facilities for incarcerated persons in the care of correctional facilities in
the commonwealth; provided, that 1 unit shall be located in Hampden
county to serve the needs of incarcerated persons in the care of Berkshire,
Franklin, Hampden, Hampshire, and Worcester counties; provided further, that 1
unit shall be located in Middlesex County to serve the needs of incarcerated
persons in the care of Barnstable, Bristol, Dukes, Essex, Nantucket, Middlesex,
Norfolk, Plymouth, and Suffolk counties; provided further, that the services of
the units shall be made available to incarcerated persons in the care of the
department of correction; provided further, that the Massachusetts sheriffs’
association, in conjunction with the department of correction, shall prepare a
report that shall include, but not be limited to: (a) the number of
incarcerated persons in facilities located in counties that were provided
services in each unit; (b) the number of incarcerated persons in department of
correction facilities that were provided services in each unit; (c) the
alleviation in caseload at Bridgewater state hospital associated with fewer
incarcerated persons in the care of counties being attended to at the hospital;
and (d) the estimated and projected cost-savings in fiscal year 2009 to the
sheriff departments and the department of correction associated with the regional
units; provided further, that the report shall be submitted to the house and
senate committees on ways and means not later than
8910-0010.. For the purpose of funding expenses for services provided to inmates of county correctional facilities by the department of public health Lemuel Shattuck hospital in fiscal year 2009; provided, that the department shall notify the county government finance review board and the comptroller of all such expenses; provided further, that not more than 30 days after receiving such notification, the board shall certify to the comptroller the amount of these expenses to be charged to this item; provided further, that upon receiving such certification, the comptroller shall effect the transfer of such amount from this item to item 4590-0903 in section 2B; and provided further, that these actual and projected payments shall be considered expenditures within each county spending plan and shall be reflected as such in proposed spending plans required by item 8910-0000 ...................... $2,700,829
Sheriffs.
The Governor has reduced the following item by $272,870
The Legislature overrode the Governor's veto.
8910-0102.. For the operation of the jail, house of correction and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Hampden county; provided, that the sheriff
shall report to the house and senate committees on ways and means on the
average monthly inmate population in the county starting not later than
The Governor has reduced the following item by $224,175
The Legislature overrode the Governor's veto.
8910-0105 . For the operation of the jail, house of correction and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Worcester county; provided, that the sheriff
shall report to the house and senate committees on ways and means on the
average monthly inmate population in the county starting not later than
The Governor has reduced the following item by $825,748
The Legislature overrode the Governor's veto.
8910-0107 . For the operation of the jail, house of correction and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Middlesex county; provided, that the sheriff
shall report to the house and senate committees on ways and means on the
average monthly inmate population in the county starting not later than
The Governor has reduced the following item by $635,521
The Legislature overrode the Governor's veto.
8910-0108.. For the operation of the jail, house of correction and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Franklin county; provided, that the sheriff
shall report to the house and senate committees on ways and means on the
average monthly inmate population in the county starting not later than
The Governor has reduced the following item by $159,435
The Legislature overrode the Governor's veto.
8910-0110.. For the operation of the jail, house of correction and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Hampshire county; provided, that the sheriff
shall report to the house and senate committees on ways and means on the
average monthly inmate population in the county starting not later than
The Governor has reduced the following item by $79,702
The Legislature overrode the Governor's veto.
8910-0145.. For the operation of the jail, house of correction, and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Berkshire county; provided, that the sheriff
shall report to the house and senate committees on ways and means on the
average monthly inmate population in the county starting not later than
8910-0160.. For a retained revenue account for the Middlesex sheriff’s department for reimbursements from the federal government for costs associated with the incarceration of federal inmates at the Billerica house of correction; provided, that the department may expend for the operation of the department an amount not to exceed $850,000 from revenues collected from the incarceration of federal inmates; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system............... $850,000
8910-0188.. For the Franklin sheriff’s department which may expend for the operation of the department an amount not to exceed $2,100,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system $2,100,000
8910-0445.. For the Berkshire sheriff’s department which may expend an amount not to exceed $250,000 from revenues generated from the operation of the Berkshire county communication center’s 911 dispatch operations and other law enforcement related activities, including the Berkshire county sheriff prison industries program; provided, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system......................................................... $250,000
8910-0446.. For the Berkshire sheriff’s department which may expend an amount not to exceed $1,100,000 from revenues collected from Berkshire county public school systems; 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 sheriff’s office may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system; and provided further, that expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system....................................... $1,100,000
The Governor has reduced the following item by $64,133
The Legislature overrode the Governor's veto.
8910-0619.. For the operation of the jail, house of correction and any
other statutorily authorized facilities and functions under the administration
of the office of the sheriff of Essex county; provided, that the sheriff shall
report to the house and senate committees on ways and means on the average
monthly inmate population in the county starting not later than
8910-0888.. For a prison industries revenue retention account for the Franklin sheriff’s department; provided, that the department may expend any amount not to exceed $12,000 from revenues collected from the sale and production of printed materials manufactured at the sheriff department’s print shop; provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system.. $12,000
8910-1000.. For a prison industries revenue retention account for the Hampden sheriff’s department; provided, that the department may expend any amount not to exceed $1,594,460 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities, reimbursement for community service projects and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system....................................................... $1,594,460
8910-1100.. For a prison industries revenue retention account for the Middlesex sheriff’s department; provided, that the department may expend an amount not to exceed $150,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded in the Massachusetts management accounting and reporting system......................................... $150,000
8910-1112.. The Hampshire county sheriff may expend for the operation of the Hampshire county regional lockup at the Hampshire county jail an amount not to exceed $250,000 in revenue; provided, that that the sheriff shall enter into agreements to provide detention services to various law enforcement agencies and municipalities and shall determine and collect fees for those detentions from the law enforcement agencies and municipalities........................................... $250,000
8910-2222.. For the Hampden sheriff’s department may expend for the operation of the department an amount not to exceed $320,000 from revenues received from federal inmate and federal overtime reimbursements; provided, that $312,000 from the reimbursements shall not be available for expenditure and shall be deposited into the General Fund before the retention by the department of any of these reimbursements; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system $320,000
8910-6619.. For the Essex sheriff’s department may expend for the operation of the department an amount not to exceed $2,000,000 from revenues received from federal inmate reimbursements; provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited quarterly into the General Fund before the retention by the department of any of these revenues as certified by the comptroller; provided further, that the quarterly payments shall total $600,000 in fiscal year 2009; provided, that said sheriff may expend from this item costs associated with joint federal and state law enforcement activities from federal reimbursements received; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $2,000,000
8910-7100.. For the operation of the Massachusetts Sheriffs Association;
provided, that the sheriffs shall appoint persons to serve as executive
director, assistant executive director and research director and other staff
positions as necessary for the purpose of coordination and standardization of
services and programs, the collection and analysis of data related to
incarceration and recidivism and generation of reports, technical assistance
and training to ensure standardization in organization, operations, and
procedures; provided further, that the staff shall not be subject to section 45
of chapter 30 or chapter 31 of the General Laws and shall serve at the will and
pleasure of a majority of sheriffs; provided further, that the executive
director of the association shall submit a report that shows the amounts of all
grants awarded to each sheriff in fiscal year 2009; and provided further, that
the report shall be submitted to the house and senate committees on ways and
means not later than
Parole Board.
8950-0001.. For the operation of the parole board................. $18,963,004
8950-0002.. For the victim and witness assistance program of the parole board under chapter 258B of the General Laws......................... $292,244
8950-0008.. For the operation of the parole board’s sex offender
management program and the supervision of high-risk offenders, the parole board
may expend an amount not more than $600,000 from revenues collected from fees
charged for parolee supervision; provided, that the parole board shall file a
report with the house and senate committees on ways and means not later than
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 under 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, under section 183 of chapter 6 of the General Laws; provided further, that the registry shall 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 the registry shall operate a full service office in the town of Milford to be operated 5 days a week; 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 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 ............................................ $57,464,135
Highway Fund.......................... 100.0%
8400-0016.. For the operation of the motorcycle safety program....... $252,607
8400-0100.. For the operation of the safe driver insurance plan pursuant to section 113B of chapter 175 of the General Laws, including the rent, related parking and utility expenses of the motor vehicle insurance merit rating board; provided, that notwithstanding any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal, motor vehicle traffic violations as described in chapter 90C of the General Laws........................................... $8,874,872
Highway Fund.......................... 100.0%
DEPARTMENT OF ELDER AFFAIRS.
Office of the Secretary.
9110-0100.. For the operation of the executive office and regulation of assisted living facilities; provided, that the secretary shall continue to support community care ombudsman services; and provided further, that the executive office of elder affairs shall report annually to the house and senate committees on ways and means the number of assisted living units certified and the total revenues generated from application and certification fees for such units...................... $3,741,705
The Governor disapproved the following language.
9110-1455.. For the costs of the drug insurance program authorized by
section 39 of chapter 19A of the General Laws; provided, that amounts received
by the executive office of elder affairs’ vendor as premium revenue for this
program may be retained and expended by the vendor for the purposes of the
program; provided further, that not less than $600,000 shall be made available
for the operation of the pharmacy outreach program established by section 4C of
chapter 19A of the General Laws; provided further, that notwithstanding any
general or special law to the contrary, unless otherwise prohibited by state or
federal law, prescription drug coverage or benefits payable by the executive
office of elder affairs and the entities with which it has contracted for
administration of the subsidized catastrophic drug insurance program pursuant
to said section 39 of said chapter 19A, shall be the payer of last resort for
this program for eligible persons with regard to any other third-party
prescription coverage or benefits available to such eligible persons; provided
further, that the executive office shall notify the house and senate committees
on ways and means not less than 90 days in advance of any action to limit or
cap the number of enrollees in the program; provided further, that this program
is subject to appropriation and, in fiscal year 2009, expenditures shall not be
more than the amount authorized in this item; provided further, that no action
shall be taken to expand the benefits of the program, extend benefits to
additional populations or reduce cost sharing in the program without approval
of the general court; provided further, that the department shall file all
legislation required to implement such actions for review and analysis by the
general court; provided further, that the executive office shall take steps for
the coordination of benefits with the Medicare prescription drug benefit
created pursuant to the federal Medicare Prescription Drug Improvement and
Modernization Act of 2003, to ensure that Massachusetts residents take
advantage of said benefit; provided further, that the department shall provide
assistance for prescription drug costs to enrollees who qualify for Medicare
Part D as well as assistance for premiums, deductibles, payments, and
co-payments required by the Part D or Medicare Advantage plans; or by other
plans which provide creditable prescription drug coverage as defined by section
104 of said Medicare Modernization Act, and which provide coverage of the cost
of prescription drugs actuarially equal to or better than that provided by
Medicare Part D; provided further, that a person shall also be eligible to
enroll in the program at any time within a year after reaching age 65; and
provided further, that the department shall allow those who meet the program
eligibility criteria to enroll in the program at any time during the year; and
provided further, that the secretary of elder affairs shall not implement cost
sharing increases during fiscal year 2009 unless such cost sharing increases
have been approved by law a vote of the general court............................. $57,533,656
9110-1500.. For the provision of enhanced home care services, including
case management to elders who meet the eligibility requirements of the home
care program and who need services above the level customarily provided under
the program to remain safely at home, including elders previously enrolled in
the managed care in housing, enhanced community options, and chronic care
enhanced services programs; provided, that the secretary shall actively seek to
obtain federal financial participation for all services provided to seniors who
qualify for Medicaid benefits pursuant to the section 2176 waiver; provided
further, that the executive office shall collect income data on persons
receiving services provided in this item; provided further, that the executive
office shall submit a report to the house and senate committees on ways and
means detailing the population served by this item delineated by both 2008
federal poverty income levels and 2008 social security income standards;
provided further, that the report shall be submitted not later than
9110-1604.. For the operation of the supportive senior housing program at state or federally-assisted housing sites; provided, that the funds shall be expended to fully fund existing sites.................. $4,202,915
9110-1630.. For the operation of the elder home care program, including contracts with aging service access points or other qualified entities for the home care program, home care, health aides, home health and respite services, geriatric mental health services, and other services provided to the elderly; provided, that a sliding fee shall be charged to qualified elders; provided further, that the secretary of elder affairs may waive collection of sliding fees in cases of extreme financial hardship; provided further, that not more than $8,000,000 in revenues accrued from sliding fees shall be retained by the individual home care corporations without re-allocation by the executive office of elder affairs, and shall be expended for the purposes of the home care program, consistent with guidelines to be issued by the executive office; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means on the receipt and expenditure of revenues accrued from the sliding fees; provided further, that the executive office shall report monthly to the house and senate committees on ways and means and the executive office for administration and finance on the amount expended from this item for purchase of service expenditures by category of service as set forth in 651 C.M.R. 3.01 and 651 C.M.R. 3.06; provided further, that no rate increase shall be awarded in fiscal year 2009 which would cause a reduction in client services or the number of clients served; provided further, that no funds shall be expended from this item to pay for salary increases for direct service workers who provide state-funded homemaker and home health aid services which would cause a reduction in client services; and provided further, that the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated in this item to item 9110-1633 for case management services and the administration of the home care program...... $106,715,568
9110-1633.. For the operation of the elder home care case management program, including contracts with aging service access points, or other qualified entities for home care case management services and the administration of the home care corporations funded through item 9110-1630 and item 9110-1500; provided, that such contracts shall include the costs of administrative personnel, home care case managers, travel, rent and other costs deemed appropriate by the executive office of elder affairs; provided further that no funds appropriated in this item shall be expended for the enhancement of management information systems; and provided further, that the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated herein to item 9110-1630........................................ $40,368,041
9110-1636.. For the elder protective services program, including protective services case management, guardianship services, the statewide elder abuse hotline, and the elder-at-risk program; provided, that not less than $800,000 shall be expended for money management services $16,246,087
9110-1640.. For the Geriatric Mental Health Services program, including residential care, case management, and day treatment services, to deinstitutionalize or divert elders with serious and persistent mental illness from institutionalized settings .............................. $225,000
9110-1650.. For the family caregivers program ....................... $250,000
9110-1660 . For congregate and shared housing services for the elderly; provided, that $375,000 shall be expended for an aging-in-place project operated by the Jewish Family & Children’s Service of Greater Boston in Brookline and Malden, and by Jewish Family Service of Metrowest in Framingham; provided further, that not less than $216,000 shall be allocated to the Helping Elders at Risk Through Homes program; provided further, that not less than $75,000 shall be expended for the Jewish Family Services of Western Massachusetts to implement the Aging-Well at Home Program in Springfield; provided further, that not less than $75,000 shall be expended to fund the NORC, Aging-In-Place program operated by the Jewish Family Service of the North Shore in Swampscott; provided further, that no less than $75,000 shall be expended for the Multicultural Alzheimer’s Service Project in Springfield; provided further, provided further that not less than $50,000 be expended for the Tuttle House facility in Dorchester; provided further, that not less than $150,000 shall be used to fully fund a supportive housing program at Edward F. Doolan Apartments in the city of Fall River; provided further, provided further, that $90,000 shall be expended for the AgeWell Boston program operated by Ethos; and provided further that not less than $50,000 shall be expended for the Kit Clark Homeless/Housing Program to provide support for homeless and recently housed older adults........................ ........................ $2,789,031
9110-1700.. For residential assessment and placement programs for homeless elders; provided, that $50,000 shall be expended for Living Waters Ministry of Hope for homeless outreach programs...................... $450,000
9110-1900.. For the elder lunch program; provided, that not less than $50,000 shall be expended for the Senior FarmShare program; provided further, that not less than $15,000 shall be expended for the Grandparents as Parents Initiative; provided further that $40,000 shall be obligated for youth/elder outreach position at the Roche Family Community Center in West Roxbury; and provided further, that $300,000 shall be expended for Community Physicians Associates for the purposes of administering a geriatrics program which shall include, but not be limited to inpatient care, outpatient care, rehabilitation and post-acute care, long-term care and assisted living counseling, and education of caregivers....................................................... $6,804,740
9110-9002.. For the local services program for grants to the councils on aging and for grants to or contracts with non-public entities which are consortia or associations of councils on aging; provided, that notwithstanding the foregoing, all monies appropriated in this item shall be expended in accordance with the distribution schedules for formula and incentive grants established by the secretary; provided further, that not less than $80,000 shall be provided to the LGBT Aging Project; and provided further, that such distribution schedules shall be submitted to the house and senate committees on ways and means.......... $8,615,068
LEGISLATURE.
Senate.
9500-0000.. For the operation of the Senate ...................... $18,964,007
House of Representatives.
9600-0000.. For the operation of the house of representatives .... $33,658,753
Joint Legislative Expenses.
9700-0000.. For the joint operations of the legislature ........... $6,980,895
Commission on the Status of Women.
0950-0000.. For the commission on the status of women ............... $252,634
NO SECTION 2A.
SECTION 2B. Notwithstanding any general or special law to the contrary, the agencies listed in this section may expend the amounts listed in this section for the provision of services to agencies listed in section 2. All expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws. All revenues and other inflows shall be based on rates published by the seller agency that are developed in accordance with cost principles established by the United States Office of Management and Budget Circular A-87, “Cost Principles for State, Local and Indian Tribal Governments.” All rates shall be published within 30 days of the enactment of this section. No expenditures shall be made from the Intragovernmental Service Fund which would cause that fund to be in deficit at the close of fiscal year 2009 All authorizations in this section shall be charged to the Intragovernmental Service Fund and shall not be subject to section 5D of chapter 29 of the General Laws. Any balance remaining in that fund at the close of fiscal year 2009 shall be transferred to the General Fund.
OFFICE OF THE SECRETARY OF STATE.
0511-0003.. For the costs of providing electronic and other publications purchased from the state bookstore, for commission fees, notary fees and for direct access to the secretary’s computer library......... $16,000
0511-0235.. For the costs of obsolete records destruction incurred by the office of the secretary of state; provided, that state agencies, including the judicial branch, may be charged for the destruction of their obsolete records by the records center where appropriate; provided further, that the secretary of state may expend revenues not to exceed $100,000 of such funds received for the costs of such obsolete record destruction; and provided further, that such fees shall be charged on an equitable basis.................................................... $100,000
Office of the State Comptroller.
1000-0005.. For the cost of the single state audit for the fiscal year
ending
1000-0008.. For the costs of operating and managing the MMARS and New MMARS accounting system for fiscal year 2009................. $2,570,081
1102-3224.. For the costs for the Leverett Saltonstall lease and
occupancy payments; provided, that the division of capital asset management and
maintenance shall submit to the house and senate committees on ways and means
on or before the first of each month beginning
Bureau of State Office Buildings.
1102-3333.. For the operation and maintenance of state buildings, including reimbursement for overtime expenses, materials and contract services purchased in performing renovations and related services for agencies occupying state buildings or for services rendered to approved entities using state facilities .................................. $165,000
1102-3336.. For the operation and maintenance of the space in the Hurley state office building occupied by the division of unemployment assistance....................................................... $3,318,743
Reserves.
1599-2040.. For the payment of prior year deficiencies based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller may charge departments’ current fiscal year appropriations and transfer to such item amounts equivalent to the amounts to any prior year deficiency, subject to the conditions stated in this item; provided further, that the comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains or, if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains; provided further, that no chargeback shall be made which would cause a deficiency in any current fiscal year item; provided further, that the comptroller shall report with such schedule a detailed reason for the prior year deficiency on all chargebacks assessed that exceed $1,000 including the amount of the chargeback, the item and object class charged; and provided further, that the comptroller shall report on a quarterly basis on all chargebacks assessed, including the amount of the chargeback, the item, object class charged and the reason for the prior year deficiency......................... $12,500,000
1599-3100.. For the cost of the commonwealth’s employer contributions to the Unemployment Compensation Fund and the Medical Security Trust Fund; provided, that the secretary for administration and finance shall authorize the collection, accounting and payment of such contributions; and provided further, that in executing these responsibilities the comptroller may charge in addition to individual appropriation accounts certain non-appropriated funds in amounts that are computed on the same basis as the commonwealth’s contributions are determined, including expenses, interest expense or related charges......... $26,000,000
Division of Human Resources.
1750-0101.. For the cost of goods and services rendered in administering training programs, including the cost of training unit staff; provided, that the division shall charge to other items for the cost of participants enrolled in programs sponsored by the division or to state agencies employing such participants; provided further, that the division may collect from participating state agencies a fee sufficient to cover administrative costs of the commonwealth’s performance recognition programs and to expend such fees for goods and services rendered in the administration of these programs; and provided further, that the division may charge and collect from participating state agencies a fee sufficient to cover administrative costs and expend such fees for goods and services rendered in the administration of information technology services related to the human resources compensation management system program.................................................. $500,000
1750-0105.. For the cost of workers’ compensation paid to public employees; provided, that the secretary of administration and finance shall charge other items or state agencies for costs incurred on behalf of these state agencies; provided further, that the secretary may transfer workers’ compensation-related fringe benefit assessments from federal grants and trust accounts to this item; provided further, that no funds shall be expended from this item that would cause the item to be deficient; provided further, that the secretary shall provide projected costs of workers’ compensation costs incurred by agencies in fiscal year 2009 to the house and senate committees on ways and means no later than March 2, 2009; provided further, that in accordance with chapter 177 of the acts of 2001, the secretary of administration and finance shall charge state agencies in fiscal year 2009 as provided in this item for workers’ compensation costs, including related administrative expenses incurred on behalf of the employees of the agencies; provided further, that administrative expenses shall be allocated; provided further, that the personnel administrator shall administer the charges on behalf of the secretary, and may establish such rules and procedures as deemed necessary to implement this item; provided further, that the personnel administrator shall: (1) notify agencies regarding the chargeback methodology to be used in fiscal year 2009; (2) notify agencies of the amount of their estimated workers compensation charges for the fiscal year; and (3) require agencies to encumber funds in an amount sufficient to meet the estimated charges; provided further, that the estimated charges for each agency in the fiscal year shall be not less than the amount of the actual workers’ compensation costs, including related administrative expenses, incurred by each such agency in fiscal year 2008, and may include such additional amounts as the human resources division finds necessary under regulations adopted under this item; provided further, that the division may adopt a program of incentives for agencies to reduce agencies’ claims; provided further, that for any agency that fails within 30 days of the effective date of this act to encumber funds sufficient to meet the estimated charges, the comptroller shall so encumber funds on behalf of that agency; provided further, that the personnel administrator shall: (1) determine the amount of the actual workers’ compensation costs incurred by each agency in the preceding month, including related administrative expenses; (2) notify each agency of the amounts; and (3) charge the amounts to each agency’s accounts as estimates of the costs to be incurred in the current month; provided further, that notwithstanding any general or special law to the contrary, any balance remaining in the Intergovernmental Service Fund, at the close of fiscal year 2008 shall be transferred to the General Fund; provided further, that any unspent balance at the close of fiscal year 2008 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and is hereby re-authorized for expenditures for such item in fiscal year 2009; provided further, that the personnel administrator may expend in fiscal year 2009 for hospital, physician, benefit, and other costs related to workers’ compensation for employees of state agencies, including administrative expenses; and provided further, that such expenditures may include payments for medical services provided to claimants in prior fiscal years, as well as compensation benefits and associated costs for prior fiscal years.......................................... $56,401,355
1750-0106.. For the workers’ compensation litigation unit, including the costs of personnel................................................ $639,023
Operational Services Division.
1775-0800.. For the purchase, operation and repair of certain vehicles and for the cost of operating and maintaining all vehicles that are leased by other agencies, including the costs of personnel............. $7,600,000
1775-1000.. For printing, photocopying, and related graphic art or design work, including all necessary incidental expenses and liabilities; provided, that the secretary for administration and finance shall charge to other items of appropriation within the agencies of the executive branch for such services, including the costs of personnel........ $1,000,000
Information Technology Division.
1790-0200.. For the cost of computer resources and services provided by the information technology division in accordance with the policies, procedures and rates approved by the secretary for administration and finance, including the purchase, lease or rental of telecommunications lines, services and equipment, that are centrally billed to the commonwealth; provided, that the secretary shall charge other items of appropriation for the cost of the resources and services; provided further, that notwithstanding any general or special law to the contrary, charges for the cost of computer resources and services provided by the bureau of computer services for the design, development, and production of reports and information related to the analysis, development and production of appropriations bills and other legislation shall not be charged to any item of appropriation of the executive office for administration and finance, the house of representatives, the senate or any joint legislative account in fiscal year 2009; provided further, that the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing the total charges, payments and services provided for the preceding quarter from each department charged to this item; provided further, that the reports shall include, but not be limited to, a delineation of the rates charged to each department as approved by the secretary for administration and finance for each service performed by the division; provided further, that the secretary for administration and finance shall establish regulations, procedures and a schedule of fees including, but not limited to, the development and distribution of forms and instructions, including the costs of personnel; and provided further, that any unspent balance at the close of fiscal year 2009 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for the item in fiscal year 2010...................................................... $62,121,176
1790-0400.. For the purchase, delivery, handling of and contracting for supplies, postage and related equipment and other incidental expenses provided pursuant to section 51 of chapter 30 of the General Laws $2,329,665
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.
2001-1002.. For the costs of data processing and related computer and mapping services, the distribution of digital cartographic and other data, the review of environmental notification forms pursuant to sections 61 to 62H, inclusive, of chapter 30 of the General Laws and for the staff and printing of the Environmental Monitor.................... $350,000
2030-1002.. For the costs of overtime and special details provided by the office of environmental law enforcement............................ $160,000
EXECUTIVE OFFICE OF HEALTH
AND
HUMAN SERVICES.
Office of the Secretary.
4000-0102.. For the cost of transportation services for health and human services clients and the operation of the health and human services transportation office.................................. $7,475,343
4000-0103.. For the costs of core administrative functions performed within the executive office of health and human services; provided, that the secretary of the executive office of health and human services may, notwithstanding any general or special law to the contrary, identify administrative activities and functions common to the separate agencies, departments, offices, divisions, and commissions within the executive office and may designate such functions “core administrative functions” in order to improve administrative efficiency and preserve fiscal resources; provided further, that common functions that may be designated core administrative functions include, human resources, financial management, information technology, and leasing and facility management; provided further, that all employees performing functions so designated may be employed by the executive office, and the executive office shall charge the agencies, departments, offices, divisions, and commissions for such services; provided further, that upon the designation of a function as a core administrative function, the employees of each agency, department, office, or commission who perform such core administrative functions may be transferred to the executive office of health and human services; provided further, that the reorganization shall not impair the civil service status of any such transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws; and provided further, that nothing in this item shall impair or change an employee’s status, rights, or benefits under chapter 150E of the General Laws $27,625,533
Massachusetts Commission for the Deaf and Hard of Hearing.
4125-0122.. For the costs of interpreter services provided by commission staff; provided, that the costs of personnel may be charged to this item; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system......................................................... $250,000
Department of Public Health.
4510-0108.. For the costs of pharmaceutical drugs and services provided by the state office for pharmacy services, in this section called SOPS; provided, that SOPS shall notify in writing all agencies listed below of their obligations under this item by July 15, 2008; provided further, that SOPS shall continue to be the sole provider of pharmacy services for the following agencies currently under SOPS: the department of public health, the department of mental health, the department of mental retardation, the department of correction, the sheriff's departments of Franklin, Hampden and Plymouth, and the Soldiers’ Home in Holyoke; provided further, that SOPS shall become the sole provider of pharmacy services to the following agencies currently not being serviced by SOPS: the sheriff's departments of Worcester, Middlesex, Hampshire, Berkshire, Essex, Suffolk, Norfolk, Bristol, Barnstable and Dukes, the Soldiers’ Homes in Chelsea and the department of youth services; provided further, that SOPS shall be the sole provider of pharmacy services for all said agencies and all costs for pharmacy services shall be charged by this item; provided further, that pursuant to the SOPS report completed on December 15, 2007, said agencies shall not charge or contract with any other alternative vendor for pharmacy services other than SOPS; provided further, that SOPS shall develop an implementation plan to transition the following agencies within the current fiscal year: the sheriff's departments of Worcester, Middlesex, Hampshire, Berkshire, Essex, Suffolk, Norfolk, Bristol, Barnstable and Dukes, the Soldiers’ Homes in Chelsea and the department of youth services; provided further, that SOPS will validate previously submitted pharmacy expenditures including HDAP drug reimbursements during fiscal year 2009; provided further, that SOPS shall continue to work to reduce medication costs, provide standardized policies and procedures in a clinically responsible manner, provide comprehensive data analysis and improve the quality of clinical services; provided further, that SOPS shall report to the house and senate committees on ways and means no later than April 15, 2009 detailing the projected savings realized by each transitioning agency in comparison to their pharmacy costs in fiscal year 2008 and their projected savings for fiscal year 2010; and provided further, that the report shall also provide recommendations for the inclusion of other entities that may realize cost savings by joining SOPS $45,786,520
4590-0901.. For the costs of medical services provided at public health hospitals pursuant to a schedule of services and fees approved by the commissioner of public health, which may be expended for the purposes of hospital related costs, including, but not limited to, capital repair and the maintenance and motor vehicle replacement; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate thereof as reported in the state accounting system $150,000
4590-0903.. For the costs of medical services provided at the department of public health Lemuel Shattuck hospital to inmates of the county correctional facilities; provided, that the costs shall be charged to items 8910-0000, 8910-0010, 8910-0102, 8910-0105, 8910-0107, 8910-0108, 8910-0110, 8910-0145 and 8910-0619 of section 2 pursuant to the provisions thereof; provided further, that expenditures from this item shall be for hospital-related costs including, but not limited to, capital repair and the maintenance and motor vehicle replacement; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate thereof as reported in the state accounting system $3,800,000
Department of Mental Retardation.
5948-0012.. For a program providing alternatives to residential placements for children with mental retardation, including the costs of intensive home-based supports, provided in item 7061-0012 of section 2 $10,000,000
EXECUTIVE OFFICE OF
TRANSPORTATION
AND
CONSTRUCTION.
Department of Highways.
6030-7501.. For the cost of the purchase of bulk fuel for certain vehicles under the authority of the operational services division and the cost of purchased fuel for other agencies and for certain administrative expenses related to purchasing and distributing the fuel................ $1,000,000
EXECUTIVE OFFICE OF PUBLIC
SAFETY.
State Police.
8100-0002.. For the costs of overtime associated with requested police details; provided, that for the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate thereof as reported in the state accounting system $6,481,181
8100-0003.. For the costs associated with the use of the statewide telecommunications system for the maintenance of the system $156,375
Military Division.
8700-1145.. For the costs of utilities and maintenance and for the implementation of energy conservation measures with regard to the state armories $500,000
Department of Correction.
8900-0021.. For the cost of products produced by the prison industries and farm program and for the cost of services provided by inmates, including the costs of moving, auto repair, culinary and renovation and construction services; provided, that the costs for renovation and construction services shall not exceed the amount established by the operational services division; and provided further, that such revenues may also be expended for materials, supplies, equipment, maintenance of facilities and compensation of employees and for the inmate employment and training program................................................ $6,050,000
NO SECTION 2C.
SECTION 2D. The amounts set forth in this
section are hereby appropriated from the General Federal Grants Fund. Federal
funds received in excess of the amount appropriated in this section shall be
expended only in accordance with section 6B of chapter 29 of the General Laws.
The amount of any unexpended balance of federal grant funds received prior to
JUDICIARY.
Supreme Judicial Court
0320-1700.. For the purposes of a federally funded grant entitled, State Court Improvement Program ..................................... $265,631
0320-1701.. For the purpose of a federally funded grant entitled, CIP Data Sharing Grant ................................................... $204,516
0320-1703.. For the purpose of a federally funded grant entitled, CIP Training Grant ......................................................... $179,656
DISTRICT ATTORNEYS.
Plymouth District Attorney.
0340-0908.. For the purposes of a federally funded grant entitled, Weed and Seed Campello................................................. $175,000
0340-0816.. For the purposes of a federally funded grant entitled, Drug Free Communities............................................... $50,000
Bristol District Attorney.
0340-0806.. For the purposes of a federally funded grant entitled, Weed and Seed......................................................... $200,000
Cape and Islands District Attorney.
0340-1013.. For the purposes of a federally funded grant entitled, Federal Forfeiture Trust Account.................................. $60,000
SECRETARY OF STATE.
0521-0800.. For the purpose of a federally funded grant entitled, Election Assistance for Disabled Individuals...................... $700,041
0526-0114.. For the purposes of a federally funded grant entitled, Historic Preservation Survey and Planning......................... $800,000
TREASURER
AND
RECEIVER GENERAL.
Massachusetts
Cultural Council.
0640-9716.. For the purposes of a federally funded grant entitled, Folk and Traditional Arts Initiative............................... $20,000
0640-9717.. For the purposes of a federally funded grant entitled, Basic State Plan......................................................... $633,300
0640-9718.. For the purposes of a federally funded grant entitled, Arts Education.......................................................... $62,200
0640-9724.. For the purposes of a federally funded grant entitled, Arts in Underserved Communities.................................. $151,000
0640-9729.. For the purposes of a federally funded grant entitled,
Challenge
Department of Veterans’ Services.
1410-0254.. For the purposes of a federally funded grant entitled, Urban Homeless Veterans Reintegration .................................. $200,000
1410-0255.. For the purposes of a federally funded grant entitled, Non-Urban Homeless Veterans Reintegration ......................... $300,000
ATTORNEY GENERAL.
0810-0026.. For the purposes of a federally funded grant entitled, Crime Victim Compensation........................................... $3,000,000
0810-6664.. For the purposes of a federally funded grant entitled, Cyber Crime Information Sharing...................................... $202,769
Victim and Witness Assistance Board.
0840-0110.. For the purposes of a federally funded grant entitled, Victims of Crime Assistance Programs.................................... $7,941,620
0840-1005.. For the purposes of a federally funded grant entitled, Massachusetts Statewide Victim Assistance Academy ....................... $60,000
0840-4611.. For the purposes of a federally funded grant entitled, Byrne Federal Grant.................................................... $195,000
0840-4620.. For the purposes of a federally funded grant entitled, VAWA Federal Grant.................................................... $265,880
EXECUTIVE OFFICE OF
ADMINISTRATION
AND
FINANCE.
Massachusetts
Developmental Disabilities Council.
1100-1703.. For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for this grant, this item shall be exempt from the first $350,000 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws................... $1,729,498
Office on Disability.
1107-2450.. For the purposes of a federally funded grant entitled, Client Assistance Program.................................................. $239,839
1107-2509.. For the purposes of a federally funded grant entitled, Disabled Persons Protection Commission, Multi-Disciplinary Responses to Crime $300,000
EXECUTIVE OFFICE OF
ADMINISTRATION
AND
FINANCE.
Massachusetts
Developmental Disabilities Council.
1100-1703.. For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for this grant, this item shall be exempt from the first $350,000 of fringe benefit and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws................... $1,729,498
Office on Disability.
1107-2450.. For the purposes of a federally funded grant entitled, Client Assistance Program.................................................. $239,839
Department of Revenue.
1201-0104.. For the purposes of a federally funded grant entitled, Joint Federal-State Motor Fuel Tax Compliance Project................... $10,000
1201-0109.. For the purposes of a federally funded grant entitled, Access and Visitation - Parent Education Program.................... $222,169
1201-0412.. For the purposes of federally funded grants entitled, Child Support Enforcement Grants, Child Support IVD Companion account to CSE Demonstration Grants .................................... $179,667
EXECUTIVE OFFICE OF ENERGY
AND
ENVIRONMENTAL AFFAIRS.
Office of the Secretary.
2000-0141.. For the purposes of a federally funded grant entitled, Coastal Zone Management and Development ............................ $3,600,000
2000-0177.. For the purposes of a federally funded grant entitled, Wetlands Development .............................................. $27,663
2000-0186.. For the purposes of a federally funded grant entitled, Aquatic Nuisance Species Management Plan .................................. $63,421
2000-0248.. For the purposes of a federally funded grant entitled, National Estuary Program — Operation...................................... $472,501
2000-9600.. For the purposes of a federally funded grant entitled, Narragansett Bay.......................................................... $73,370
2000-9701.. For the purposes of a federally funded grant entitled, Outdoor Recreation Projects - Political Subdivisions........... $2,317,517
2000-9735.. For the purposes of a federally funded grant entitled, Buzzards Bay Estuary Program.......................................... $514,304
2000-9760.. For the purposes of a federally funded grant entitled, Inventory of Navy Shipwrecks................................................. $4,490
2030-0013.. For the purposes of a federally funded grant entitled, Fisheries Enforcement.............................................. $668,576
2030-9701.. For the purposes of a federally funded grant entitled, Safe Boating Program................................................ $4,763,189
Department of Public Utilities.
7006-9000.. For the purposes of a federally funded grant entitled, Motor Carrier Safety Assistance........................................ $102,000
7006-9002.. For the purposes of a federally funded grant entitled, Pipeline Security......................................................... $630,000
Department of Environmental Protection.
2200-9706.. For the purposes of a federally funded grant entitled, Water Quality Management Planning...................................... $534,866
2200-9712.. For the purposes of a federally funded grant entitled, Cooperative Agreement-Leaking Underground Storage Tanks.............. $984,806
2200-9717.. For the purposes of a federally funded grant entitled, D.O.D. Environment Restoration Program for Department of Defense $1,391,070
2200-9724.. For the purposes of a federally funded grant entitled, Superfund Block Grant.................................................... $975,728
2200-9728.. For the purposes of a federally funded grant entitled, Brownfields Assessment Program - Multi-Site Cooperative Agreement.... $231,390
2200-9729.. For the purposes of a Federally funded grant entitled, Brownfield Pilots Cooperative Agreements.................................... $22,314
2200-9731.. For the purposes of a federally funded grant entitled, Brownfield Response............................................... $1,570,062
2230-9702.. For the purposes of a federally funded grant entitled, Air, Water and Hazardous Waste Management Regulatory Programs........ $17,611,753
2230-9709.. For the purposes of a federally funded grant entitled, Environmental Information Exchange..................................... $195,494
2230-9710.. For the purposes of a federally funded grant entitled, FY07 Network......................................................... $186,004
2240-9762.. For the purposes of a federally funded grant entitled, Reimbursement to Operators to Small Water Systems for Training and Certification $304,404
2240-9764.. For the purposes of a federally funded grant entitled, Special Appropriation Set-Aside Administration.................... $44,365
2240-9769.. For the purposes of a federally funded grant entitled, Estuaries Watershed Permitting...................................... $18,915
2240-9773.. For the purposes of a federally funded grant entitled, Technical Assistance and Training for Drinking Water................ $58,500
2250-9712.. For the purposes of a federally funded grant entitled, Clean Air Act-Fine Particulate Matter Air Monitoring................... $445,837
2250-9716.. For the purposes of a federally funded grant entitled, Ambient Air Toxics Pilot Project..................................... $133,645
2250-9724.. For the purposes of a federally funded grant entitled, Mass Food Waste RCC Program.............................................. $ 31,649
2250-9725.. For the purposes of a federally funded grant entitled, Innovation Environment Compliance Strategies......................... $55,470
2250-9726.. For the purposes of a federally funded grant entitled, Homeland Security Co-op Agreement.......................................... $863,645
2250-9727.. For the purposes of a federally funded grant entitled, School Bus Retrofit.................................................. $20,000
2250-9728.. For the purposes of a federally funded grant entitled, Off Road Construction (ORCVRP)...................................... $5,000
2250-9729.. For the purposes of a federally funded grant entitled, Composting Recycling.................................................. $5,000
2250-9730.. For the purposes of a federally funded grant entitled, Air Toxic-Spatial Trends.................................................... $49,017
Department of Fish and Game.
2300-0112.. For the purposes of a federally funded grant entitled, River Restoration Program................................................... $27,133
2300-0114.. For the purposes of a federally funded grant entitled, USFWS Partnership Program................................................... $45,000
2310-0115.. For the purposes of a federally funded grant entitled, Land Owner Incentive Program – Tier I................................ $50,000
2310-0116.. For the purposes of a federally funded grant entitled, Land Owner Incentive Program – Tier II............................ $1,000,000
2310-0117.. For the purposes of a federally funded grant entitled, Chronic Wasting Disease................................................... $90,000
2310-0118.. For the purposes of a federally funded grant entitled, Junior Duck Stamp........................................................... $1,300
2310-0119.. For the purposes of a federally funded grant entitled, Avian Influenza Surveillance Program....................................... $8,000
2330-9222.. For the purposes of a federally funded grant entitled, Clean Vessel......................................................... $850,000
2330-9712.. For the purposes of a federally funded grant entitled, Commercial Fisheries Statistics..................................... $145,000
2330-9713.. For the purposes of a federally funded grant entitled, Right Whale Conservation............................................. $250,000
2330-9725.. For the purposes of a federally funded grant entitled, Boating Infrastructure........................................... $100,000
2330-9730.. For the purposes of a federally funded grant entitled, Interstate Fisheries Management Support............................. $233,000
2330-9732.. For the purposes of a federally funded grant entitled, ACCSP Implementation Strategic Plan............................ $125,000
2330-9736.. For the purposes of a federally funded grant entitled, Marine Fisheries Institute................................................ $600,000
2330-9739.. For the purposes of a federally funded grant entitled, Turtle Disengagement............................................. $25,000
2330-9740.. For the purposes of a federally funded grant entitled, Lobster Gear Removal/Rope Work......................................... $40,000
2330-9741.. For the purposes of a federally funded grant entitled, Groundfish Disaster Relief....................................... $13,400,000
Department of Agricultural Resources.
2511-0310.. For the purposes of a federally funded grant entitled, Pesticide Enforcement.............................................. $195,000
2511-0320.. For the purposes of a federally funded grant entitled, Certification of Pesticide Applicators ................................... $123,000
2511-0336.. For the purposes of a federally funded grant entitled, Special Pesticide Disposal Initiative........................................ $7,240
2511-0400.. For the purposes of a federally funded grant entitled, Cooperative Pest Survey Program........................................... $131,168
2511-0401.. For the purposes of a federally funded grant entitled, Cooperative Pesticide Recordkeeping Program........................... $17,500
2511-0972.. For the purposes of a federally funded grant entitled, Farmland Protection ............................................ $2,650,000
2511-1025.. For the purposes of a federally funded grant entitled, Country of Origin Labeling ................................................. $13,250
2515-1002.. For the purposes of a federally funded grant entitled, Animal Disease Surveillance Homeland Security .......................... $125,030
2515-1003.. For the purposes of a federally funded grant entitled, Voluntary Johne’s Disease Control .......................................... $44,300
2515-1004.. For the purposes of a federally funded grant entitled, Scrapie Disease Surveillance and Flock Certification ...................... $8,300
2515-1005.. For the purposes of a federally funded grant entitled, Low Pathogenic Avian Influenza Prevention ............................... $29,350
2515-1006.. For the purposes of a federally funded grant entitled, National Animal Identification System ................................... $246,500
2515-1008.. For the purposes of a federally funded grant entitled, Highly Pathogenic Avian Influenza ......................................... $126,000
2516-9002.. For the purposes of a federally funded grant entitled, Development of Institutional Marketing ................................. $108,000
2516-9003.. For the purposes of a federally funded grant entitled, Farmer’s Market Coupon Program .......................................... $438,540
2516-9004.. For the purposes of a federally funded grant entitled, Senior Farmers Market Nutrition Program ................................. $57,500
2516-9007.. For the purposes of a federally funded grant entitled, Organic Certification Cost-Share Program ......................... $50,000
Department of Conservation and Recreation.
2800-9707.. For the purposes of a federally funded grant entitled, National Flood Insurance Program ....................................... $190,000
2800-9709.. For the purposes of a federally funded grant entitled, Map Modernization .......................................................... $87,000
2800-9721.. For the purposes of a federally funded grant entitled, Schooner Ernestina Historical Documentation........................ $20,000
2800-9726.. For the purposes of a federally funded grant entitled, FEMA National Dam Safety Program............................................ $67,907
2800-9727.. For the purposes of a federally funded grant entitled, Boston Harbor Islands Projects-National Park Service................... $250,000
2800-9750.. For the purposes of a federally funded grant entitled, Ipswich River Watershed EPA Grant....................................... $70,200
2820-9702.. For the purposes of a federally funded grant entitled, Rural Community Fire Protection........................................... $56,000
2820-9704.. For the purposes of a federally funded grant entitled, NRCS Wildlife Habitat Incentives Program................................ $63,805
2821-9705.. For the purposes of a federally funded grant entitled, Urban and Community Forestry Program............................... $220,087
2821-9709.. For the purposes of a federally funded grant entitled, Forestry Stewardship, Forest Legacy and Conservation Education.. $3,098,041
2821-9711.. For the purposes of a federally funded grant entitled, Rural Fire Prevention and Control................................... $228,492
2821-9713.. For the purposes of a federally funded grant entitled, Wildland Urban Interface Fuels Management............................... $293,608
2821-9714.. For the purposes of a federally funded grant entitled, Rural Development through Forestry.......................................... $26,005
2821-9719.. For the purposes of a federally funded grant entitled, Watershed Forest Management – Guidebook..................................... $2,714
2821-9726.. For the purposes of a federally funded grant entitled, Forest Health Management - US Forest Service........................... $103,251
2830-9705.. For the purposes of a federally funded grant entitled, SUASCO Watershed Flood Control Reservoir.................................... $7,014
2840-9709.. For the purposes of a federally funded grant entitled, Waquoit Bay National Estuarine Research Reserve Consolidated Funding. $624,789
2840-9710.. For the purposes of a federally funded grant entitled, NOAA - S. Cape Beach Salt Marsh Restoration............................. $100,461
2840-9714.. For the purposes of a federally funded grant entitled, Waquoit Bay Land Acquisition............................................... $83,837
2840-9715.. For the purposes of a federally funded grant entitled, NOAA CECLP Grant....................................................... $2,250,000
Division of Energy Resources.
7006-9237.. For the purposes of a federally funded grant entitled, Rebuild Mass – Energy Smart Communities ................................. $38,821
7006-9238.. For the purposes of a federally funded grant entitled, SEP – 4 Natural Gas Buses ............................................... $196,843
7006-9239.. For the purposes of a federally funded grant entitled, SEP – A Module-Integrated............................................... $190,164
7006-9240.. For the purposes of a federally funded grant entitled, Tall Tower Wind.......................................................... $10,342
7006-9243.. For the purposes of a federally funded grant entitled, BIOMASS – Sustainable Forest ....................................... $444,127
7006-9244.. For the purposes of a federally funded grant entitled, Evaluation of Switchgrass for Biofuel in Massachusetts .................. $10,000
7006-9301.. For the purposes of a federally funded grant entitled, How Cost-Effective energy Efficiency.............................. $164,210
7006-9720.. For the purposes of a federally funded grant entitled, State Heating Oil.......................................................... $22,288
7006-9730.. For the purposes of a federally funded grant entitled, SEP II $753,000
7006-9757.. For the purposes of a federally funded grant entitled, BIOMASS $9,376
DEPARTMENT OF EARLY EDUCATION
AND
CARE.
Department of Early Education
and Care.
3000-0708.. For the purposes of a federally funded grant entitled, Head Start Collaboration............................................ $175,000
3000-9002.. For the purposes of a federally funded grant entitled, Child Abuse Prevention and Treatment Activities...................... $565,398
EXECUTIVE OFFICE OF HEALTH
AND
HUMAN SERVICES.
Office of the Secretary.
4000-0713.. For the purposes of a federally funded grant entitled, Youth Development State Collaboration...................................... $120,000
4000-7570.. For the purposes of a federally funded grant entitled, Medicaid Transformation........................................... $814,370
4000-9401.. For the purposes of a federally funded grant entitled, Community Mental Health Services........................................ $8,086,241
4000-7560.. For the purposes of a federally funded grant entitled, Emergency Room Diversion.............................................. $2,312,076
Massachusetts Commission for the Blind.
4110-3020.. For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that no funds shall be deducted for pensions, group health and life insurance or any other such indirect cost of federally reimbursed state employees..................... $200,000
4110-3021.. For the purposes of a federally funded grant entitled, Basic Support Grant.................................................. $7,601,991
4110-3023.. For the purposes of a federally funded grant entitled, Independent Living — Adaptive Housing................................. $95,000
4110-3026.. For the purposes of a federally funded grant entitled, Independent Living — Services to Older Blind Americans............... $737,346
4110-3027.. For the purposes of a federally funded grant entitled, Rehabilitation Training.................................................. $29,280
4110-3028.. For the purposes of a federally funded grant entitled, Supported Employment............................................... $150,000
Massachusetts Rehabilitation Commission.
4120-0020.. For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that no funds shall be deducted for pensions, group health and life insurance or any other such indirect cost of federally reimbursed state employees.................. $44,143,937
4120-0030.. For the purposes of a federally funded grant entitled, Workforce Coordinating Grant Trust.................................. $43,000
4120-0040.. For the purposes of a federally funded grant entitled, Vocational Rehabilitation and Comprehensive Systems of personnel development Training................................................. $110,887
4120-0608.. For the purposes of a federally funded grant for improving systems of care for OEF/OIF veterans with traumatic brain injury.... $118,600
4120-0187.. For the purposes of a federally funded grant entitled, Supported Employment Program....................................... $474,283
4120-0191.. For the purposes of a federally funded grant entitled, Informed Members Planning and Assessing Choices Together (IMPACT)......... $163,785
4120-0511.. For the purposes of a federally funded grant entitled, Vocational Rehabilitation - Determination of Disability.......... $38,556,149
4120-0760.. For the purposes of a federally funded grant entitled, Independent Living................................................. $1,600,000
4120-0767.. For the purposes of a federally funded grant entitled, Assistive Technology............................................... $375,000
4120-0768.. For the purposes of a federally funded grant entitled, Assistive Technology Act........................................... $905,228
Department of Transitional Assistance.
4400-0705.. For the purposes of a federally funded grant entitled, Emergency Shelter Grants................................................. $2,900,000
4400-0707.. For the purposes of a federally funded grant entitled, Continuum of Care....................................................... $6,000,000
4400-3066.. For the purposes of a federally funded grant entitled, Training for Food Stamp ABAWDs........................................... $1,600,000
4400-3067.. For the purposes of a federally funded grant entitled, Food Stamp Employment and Training................................ $2,100,000
4400-3069.. For the purposes of a federally funded grant entitled, Full Employment Food Stamp Cash-Out....................................... $25,000
4400-9404.. For the purposes of a federally funded grant entitled,
Department of Social Services.
4800-0005.. For the purposes of a federally funded grant entitled, Children’s Justice Act.............................................. $360,785
4800-0007.. For the purposes of a federally funded grant entitled, The Family Violence Prevention and Support Services Act........... $1,788,225
4800-0009.. For the purposes of a federally funded grant entitled, Title IV-E Independent Living..................................... $3,185,238
4800-0013.. For the purposes of a federally funded grant entitled, Family Preservation and Support Services...................... $5,063,546
4800-0085.. For the purposes of a federally funded grant entitled, Educational & Training Voucher Program............................... $1,095,236
4800-0086.. For the purposes of a federally funded grant entitled, Adoption Opportunities Grant...................................... $350,000
4800-0088.. For the purposes of a federally funded grant entitled, Training of Child Welfare Agency Supervisors............................... $249,722
4800-0089.. For the purposes of a federally funded grant entitled, Adoption Incentive Payments....................................... $258,000
4899-0001.. For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services....................................... $4,094,353
4899-0022.. For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment......................... $522,943
Department of Public Health.
4500-1000.. For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant................................... $3,170,463
4500-1050.. For the purposes of a federally funded grant entitled, Rape Prevention and Education............................................ $989,283
4510-1060.. For the purposes of a federally funded grant entitled, Rape Prevention Program Planning and Evaluation Capacity Building......... $16,532
4500-1065.. For the purposes of a federally funded grant entitled State Partnership to Improve Minority Health............................... $154,867
4500-2000.. For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant..................... $12,097,344
4502-1012.. For the purposes of a federally funded grant entitled, Cooperative Health Statistics System................................. $614,398
4510-0109.. For the purposes of a federally funded grant entitled, State Loan Repayment Project........................................ $250,000
4510-0113.. For the purposes of a federally funded grant entitled, Office of Rural Health................................................... $148,500
4510-0118.. For the purposes of a federally funded grant entitled, Primary Care Cooperative Agreement.................................... $108,954
4510-0119.. For the purposes of a federally funded grant entitled, Rural Hospital Flexibility Program...................................... $297,900
4510-0219.. For the purposes of a federally funded grant entitled, Small Rural Hospital Improvement Program.............................. $89,450
4510-0221.. For the purposes of a federally funded grant entitled, Targeted Oral Health Services.......................................... $160,000
4510-0400.. For the purposes of a federally funded grant entitled, Medicare and Medicaid Survey and Certification...................... $7,637,790
4510-0404.. For the purposes of a federally funded grant entitled, Bioterrorism Hospital Preparedness.................................. $9,983,770
4510-0500.. For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement................................... $312,536
4510-0609.. For the purposes of a federally funded grant entitled, NRC Security Inspections................................................ $5,000
4510-0619.. For the purposes of a federally funded grant entitled, FDA Inspection of Food Establishments...................................... $322,736
4510-0627.. For the purposes of a federally funded grant entitled, Enhancement of Infrastructure Reporting and Interstate Exchange......... $275,000
4510-0628.. For the purposes of a federally funded grant entitled, Enhancement of Infrastructure Collaborative Data Sharing................ $400,000
4510-0630.. For the purposes of a federally funded grant entitled, Enabling Electronic Prescribing and Enhancement................... $425,710
4510-0636.. For the purposes of a federally funded grant entitled, Childhood Lead Paint Poisoning Prevention............................. $1,145,179
4510-0793.. For the purposes of a federally funded grant entitled, RURAL Automatic External Defibrillator.................................... $22,532
4510-9014.. For the purposes of a federally funded grant entitled, Mammography Quality Standards Act Inspections........................ $152,854
4510-9040.. For the purposes of a federally funded grant entitled, Diabetes Control Program................................................ $1,070,134
4510-9043.. For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Health Impact Assessments $448,648
4510-9048.. For the purposes of a federally funded grant entitled, Indoor Radon Development Program...................................... $159,330
4510-9053.. For the purposes of a federally funded grant entitled, Beaches Environmental Assessment................................. $251,749
4510-9056.. For the purposes of a federally funded grant entitled, National Environmental Public Health Tracking..................... $949,213
4512-0102.. For the purposes of a federally funded grant entitled, Sexually Transmitted Disease Control............................ $1,588,813
4512-0179.. For the purposes of a federally funded grant entitled, Vaccination Assistance Project..................................... $5,821,257
4512-0180.. For the purposes of a federally funded grant entitled, Epidemiology and Lab Surveillance....................................... $1,491,209
4512-9064.. For the purposes of a federally funded grant entitled, Adolescent Treatment................................................ $365,780
4512-9065.. For the purposes of a federally funded grant entitled, State Outcomes Measurement and Management System......................... $75,000
4512-9066.. For the purposes of a federally funded grant entitled, State Epidemiological Outcomes Workshop........................ $100,000
4512-9067.. For the purposes of a federally funded grant entitled, Screening and Brief Intervention..................................... $2,826,914
4512-9068.. For the purposes of a federally funded grant entitled, Collaborative for Action, Leadership, and Learning....................... $2,093,000
4512-9069.. For the purposes of a federally funded grant entitled, Substance Abuse Prevention and Treatment Block Grant.................. $35,754,518
4512-9070.. For the purposes of a federally funded grant entitled, Promoting Safe and Stable Families...................................... $500,000
4512-9071.. For the purposes of a federally funded grant entitled, OJJDP Substance Abuse Prevention......................................... $700,000
4512-9086.. For the purposes of a federally funded grant entitled, Oral Health Workforce Activities Support Grant....................... $131,834
4512-9426.. For the purposes of a federally funded grant entitled, Uniform Alcohol and Drug Abuse Data Collection............................ $73,198
4513-0111.. For the purposes of a federally funded grant entitled, Housing Opportunities-People with AIDS........................... $166,000
4513-1123.. For the purposes of a federally funded grant entitled, Adult Viral Hepatitis Prevention Coordinator......................... $105,925
4513-9007.. For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants, and Children (WIC).......... $89,471,755
4513-9018.. For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education - Risk Reduction $11,092,885
4513-9020.. For the purposes of a federally funded grant entitled, Expanded and Integrated HIV Testing................................... $690,000
4513-9021.. For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps.................... $8,214,170
4513-9022.. For the purposes of a federally funded grant entitled, Prevention Disability State Based Project........................... $200,552
4513-9027.. For the purposes of a federally funded grant entitled, MassCare - Community AIDS Resource Enhancement...................... $888,693
4513-9030.. For the purposes of a federally funded grant entitled, Planning a Comprehensive Primary Care System for All Mass Children and Youth $94,644
4513-9035.. For the purposes of a federally funded grant entitled, AIDS Surveillance and Seroprevalence Project............................. $1,502,762
4513-9037.. For the purposes of a federally funded grant entitled, Ryan White Comprehensive AIDS Resources.......................... $20,393,618
4513-9038.. For the purposes of a federally funded grant entitled,
Shelter Plus Care –
4513-9046.. For the purposes of a federally funded grant entitled, Congenital Anomalies Center of Excellence........................... $697,633
4513-9051.. For the purposes of a federally funded grant entitled, Rural Domestic Violence and Children Victimization Project.............. $450,000
4513-9060.. For the purposes of a federally funded grant entitled, Residential Fire Injury Prevention — Mass Injury Intervention and Surveillance $145,000
4513-9066.. For the purposes of a federally funded grant entitled, Universal Newborn Hearing Screening-Enhancement Project.................... $175,000
4513-9071.. For the purposes of a federally funded grant entitled, Early Hearing Detection and Intervention (EHDI) Tracking and Research.. $170,000
4513-9076.. For the purposes of a federally funded grant entitled, Early Childhood Comprehensive Systems.................................... $140,000
4513-9077.. For the purposes of a federally funded grant entitled, Emergency Medical Services for Children Partnership II..................... $115,000
4513-9078.. For the purposes of a federally funded grant entitled, Asthma Planning Collaborative............................................ $335,000
4513-9080.. For the purposes of a federally funded grant entitled, Mass. Perinatal Connection Project....................................... $210,000
4513-9081.. For the purpose of a federally funded grant entitled, State Implementation Grant for Children with Special Health Care Needs $50,000
4513-9082.. For the purpose of a federally funded grant entitled, CAPTA Requirement to Identify and Serve Substance Exposed Newborns......... $250,000
4513-9083.. For the purposes of a federally funded grant entitled, Massachusetts Youth Suicide Prevention Program......................... $455,704
4513-9085.. For the purposes of a federally funded grant entitled, Massachusetts Pregnancy Risk........................................... $198,026
4514-1005.. For the purposes of a federally funded grant entitled, WIC-Management Information Systems...................................... $200,000
4514-1006.. For the purposes of a federally funded grant entitled, Getting to the Heard of the Matter....................................... $94,990
4515-0115.. For the purposes of a federally funded grant entitled, Tuberculosis Control Project........................................ $1,641,161
4515-0121.. For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological Studies and Consortium................... $366,019
4515-0200.. For the purposes of a federally funded grant entitled, STD /HIV Prevention Training Centers.............................. $356,641
4515-0204.. For the purposes of a federally funded grant entitled, Strengthening Surveillance for Infectious Disease...................... $175,000
4515-0205.. For the purposes of a federally funded grant entitled, HIV Training through Prevention Training Centers....................... $99,999
4516-1021.. For the purposes of a federally funded grant entitled, Public Health Preparedness and Response for Bioterrorism............ $17,273,541
4516-1025.. For the purposes of a federally funded grant entitled, Morbidity and Risk Behavior Surveillance............................... $378,620
4518-0505.. For the purposes of a federally funded grant entitled, Tech Data & Mass Birth/Infant Death File Linkage/Analysis Assistive Reproductive $24,885
4518-0514.. For the purposes of a federally funded grant entitled, National Violent Death Reporting System................................... $321,368
4518-0534.. For the purposes of a federally funded grant entitled, Public Health Injury Surveillance and Prevention....................... $742,877
4518-1000.. For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index.................. $33,500
4518-1002.. For the purposes of a federally funded grant entitled, Massachusetts Death File - Social Security Administration............... $83,000
4518-1003.. For the purposes of a federally funded grant entitled, Massachusetts Birth Records — Social Security Administration........... $281,351
4518-1004.. For the purposes of a federally funded grant entitled, Promoting Integration of State Health Information Systems.......... $199,897
4518-9023.. For the purposes of a federally funded grant entitled, Census of Fatal Occupational Injuries..................................... $44,200
4518-9030.. For the purpose of a federally funded grant entitled, Public Health Injury Surveillance and Prevention Program............... $159,660
4570-1509.. For the purposes of a federally funded grant entitled, Massachusetts Cardiovascular Disease Prevention...................... $1,144,341
4570-1512.. For the purposes of a federally funded grant entitled, National Cancer Prevention Control..................................... $5,341,046
4570-1515.. For the purposes of a federally funded grant entitled, Chronic Diseases Prevention and Health Promotion........................ $4,363,523
4570-1516.. For the purposes of a federally funded grant entitled, Paul Coverdell Acute Stroke Registry.................................... $600,000
Department of Mental Health.
5012-9121.. For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness............. $1,800,000
5012-9157.. For the purposes of a federally funded grant entitled, Alternatives to Restraint and Seclusion................................... $72,000
5012-9158.. For the purposes of a federally funded grant entitled, State Mental Health Data Infrastructure................................ $15,000
5014-9159.. For the purposes of a federally funded grant entitled, State Mental Health Data Infrastructure............................... $142,220
5046-9102.. For the purposes of a federally funded grant entitled, Shelter Plus Care Program.................................................. $176,000
5047-9102.. For the purposes of a federally funded grant entitled, Comprehensive Mental Health Services for Children and their Families. $1,500,000
EXECUTIVE OFFICE OF
TRANSPORTATION.
Office of the Secretary.
6000-0018.. For the purposes of a federally funded grant entitled, Rural Public Transportation Assistance.............................. $4,198,030
6000-0019.. For the purposes of a federally funded grant entitled, Section 5307 Transportation Demand Management....................... $1,058,000
6000-0020.. For the purposes of a federally funded grant entitled, Jobs Access Reverse Commute........................................ $2,435,412
6000-0022.. For the purposes of a federally funded grant entitled, Transit Planning Research Grant............................................ $46,844
6000-0023.. For the purposes of a federally funded grant entitled, Rural Public Transportation Planning Grant.......................... $3,895,602
6000-0025.. For the purposes of a federally funded grant entitled, High Priority Project ............................................... $5,711,795
6000-0049.. For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation Capital Grant............... $4,759,427
Registry of Motor Vehicles.
8400-0090.. For the purposes of a federally funded grant entitled, Enhance CDL Licensing................................................ $621,567
8400-0093.. For the purposes of Data Quality Program, MCSAP.......... $188,000
Board of Library Commissioners.
7000-9700.. For the purposes of a federally funded grant entitled, Federal Reserve - Title I.................................................. $169,280
7000-9702.. For the purposes of a federally funded grant entitled, Library Service Technology Act......................................... $3,446,669
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.
7002-1625.. For the purposes of a federally funded grant entitled, Veterans Workforce Investment Program FY09........................ $750,000
7002-4203.. For the purposes of a federally funded grant entitled, Occupational Substance and Health Administration Statistical Survey... $106,423
7002-4204.. For the purposes of a federally funded grant entitled, Adult Blood Lead Levels Surveillance....................................... $20,567
7002-4212.. For the purposes of a federally funded grant entitled, Asbestos Licensing and Monitoring................................. $102,250
7002-4213.. For the purposes of a federally funded grant entitled, Lead Licensing and Monitoring........................................... $347,948
7002-4215.. For the purposes of a federally funded grant entitled, Occupational Illness and Injury........................................ $89,004
7002-4216.. For the purposes of a federally funded grant entitled, Lead Enforcement Cooperative Agreement..................................... $59,703
7002-6624.. For the purposes of a federally funded grant entitled, Unemployment Insurance Administration.............................. $69,157,578
7002-6626.. For the purposes of a federally funded grant entitled, Employment Service Programs Administration....................... $21,876,683
7002-6627.. For the purposes of a federally funded grant entitled, Occupational Substance and Health Administration On-site Consultation Program....................................................... $1,521,207
7002-6628.. For the purposes of a federally funded grant entitled, Disabled Veterans Outreach............................................... $1,424,669
7002-6629.. For the purposes of a federally funded grant entitled, Local Veterans Employment Representative.............................. $1,586,217
7002-9701.. For the purposes of a federally funded grant entitled, Federal Bureau of Labor Statistics Grant................................. $2,495,562
7003-1010.. For the purposes of a federally funded grant entitled, Trade Expansion Act Program............................................ $9,761,375
7003-1630.. For the purposes of a federally funded grant entitled, Adult Activities – Workforce Investment Act Title I - Adult Activities...................................................... $17,837,849
7003-1631.. For the purposes of a federally funded grant entitled, Youth Formula Grants – Workforce Investment Act Title I - Youth Formula Grants...................................................... $24,425,390
7003-1632.. For the purposes of a federally funded grant entitled, Dislocated Workers – Workforce Investment Act Title I –Dislocated Workers...................................................... $57,789,750
7003-1633.. For the purposes of a federally funded grant entitled, Work Incentive Grant Access to Employment for All..................... $1,868,081
7003-1635.. For the purposes of a federally funded grant entitled, Partnership for Youth in Employment ................................... $2,128,734
7003-2013.. For the purposes of a federally funded grant entitled, Mine Safety and Health Training........................................... $61,195
EXECUTIVE OFFICE OF HOUSING
AND
ECONOMIC DEVELOPMENT.
Department of Housing and
Community Development.
7004-0304.. For the purposes of a federally funded grant entitled, Lead-Based Paint Control Program.......................................... $257,852
7004-2030.. For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income Persons; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies...................... $6,517,898
7004-2033.. For the purposes of a federally funded grant entitled, Low Income Home Energy Assistance Program; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development shall provide monthly payments in advance to participating agencies................................ $93,972,799
7004-2034.. For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies.............................................. $16,944,356
7004-2361.. For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Administrative Fee............ $246,000
7004-2363.. For the purposes of a federally funded grant entitled, Section 8 Administrative Fee Housing Voucher..................... $2,047,000
7004-2364.. For the purposes of a federally funded grant entitled, Section 8 Administrative Fee Moderate Rehabilitation............... $260,000
7004-2365.. For the purposes of a federally funded grant entitled, Section 8 Administrative Fee New Construction...................... $630,000
7004-3037.. For the purposes of a federally funded grant entitled, Small Cities Community Development Block Grant Program; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies..................... $43,243,680
7004-9009.. For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Program; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies...................... $9,400,000
7004-9014.. For the purposes of a federally funded grant entitled, Section 8 Federal Housing Voucher Program; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies............................... $216,000,000
7004-9019.. For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies................................. $8,700,000
7004-9020.. For the purposes of a federally funded grant entitled, Section 8 New Construction Program; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies................................. $7,700,000
7004-9028.. For the purposes of a federally funded grant entitled, Home Investment Partnerships; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies.............................................. $14,975,000
7004-9039.. For the purposes of a federally funded grant entitled, HOME Technical Assistance............................................ $13,586,515
7004-9051.. For the purposes of a federally funded grant entitled, Shelter Plus Care-Lowell; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies.................................................. $25,000
Department of Elementary and Secondary Education.
7010-9706.. For the purposes of a federally funded grant entitled, Common Core Data Project.................................................. $125,000
7032-0217.. For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program — Distribution................ $784,500
7032-0228.. For the purposes of a federally funded grant entitled, Massachusetts AIDS Education Program................................. $1,019,784
7035-0166.. For the purposes of a federally funded grant entitled, Even Start Family Literacy — Distribution................................ $1,008,718
7035-0210.. For the purposes of a federally funded grant entitled, Advanced Placement Fee Program.................................... $155,000
7038-0107.. For the purposes of a federally funded grant entitled, Adult Basic Education – Distribution............................... $8,425,316
7038-9004.. For the purposes of a federally funded grant entitled, School Based Programs Distribution.................................... $340,000
7043-1001.. For the purposes of a federally funded grant entitled, Title I Grants to Local Educational Agencies........................... $234,021,217
7043-1002.. For the purposes of a federally funded grant entitled, Title I Reading First State Grants..................................... $8,137,510
7043-1004.. For the purposes of a federally funded grant entitled, Migrant Education....................................................... $1,595,370
7043-1005.. For the purposes of a federally funded grant entitled, Title I Neglected and Delinquent Children................................ $1,948,006
7043-2001.. For the purposes of a federally funded grant entitled, Teacher and Principal Training and Recruiting..................... $51,804,753
7043-2002.. For the purposes of a federally funded grant entitled, Title II State and Local Technology Grants............................ $4,271,054
7043-2003.. For the purposes of a federally funded grant entitled, Title I Math and Science Partnerships................................... $2,362,518
7043-3001.. For the purposes of a federally funded grant entitled, English Language Acquisition........................................... $11,645,852
7043-4001.. For the purposes of a federally funded grant entitled, Safe and Drug Free Schools and Communities........................... $5,402,940
7043-4002.. For the purposes of a federally funded grant entitled, After School Learning Centers...................................... $17,002,191
7043-6001.. For the purposes of a federally funded grant entitled, Grants for State Assessments and Related Activities..................... $7,708,240
7043-6002 . For the purposes of a federally funded grant entitled, Rural And Low-Income Schools........................................... $123,829
7043-6501.. For the purposes of a federally funded grant entitled, Education for Homeless Children/Youth................................ $1,065,391
7043-7001.. For the purposes of a federally funded grant entitled, Special Education Grants............................................... $269,786,890
7043-7002.. For the purposes of a federally funded grant entitled, Preschool Grants....................................................... $9,735,466
7043-8001.. For the purposes of a federally funded grant entitled, Vocational Education Basic Grants................................ $18,583,628
7043-8002.. For the purposes of a federally funded grant entitled, Technical Preparation Education.................................. $1,648,212
7044-0020.. For the purposes of a federally funded grant entitled, New Project Focus....................................................... $1,130,000
7044-0725.. For the purposes of a federally funded grant entitled, Title X Homeless Children and Youth ...................................... $940,502
7044-0210.. For the purposes of a federally funded grant entitled, Advanced Placement Fee Program.................................... $150,000
7044-0250.. For the purposes of a federally funded grant entitled, Mass Partnership for Gifted Education..................................... $125,000
7047-1218.. For the purposes of a federally funded grant entitled, Stepping Stones of Technology Innovation................................. $197,617
7047-9008.. For the purposes of a federally funded grant entitled,
Learn and Serve
7053-2112.. For the purposes of a federally funded grant entitled, Special Assistance Funds...................................... $85,250,000
7053-2117.. For the purposes of a federally funded grant entitled, Child Care Program............................................... $24,950,000
7053-2126.. For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance................................ $925,000
7053-2202.. For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children......................... $72,350
7053-2266.. For the purposes of a federally funded grant entitled, Mass Team Nutrition Grant.......................................... $145,000
7062-0008.. For the purposes of a federally funded grant entitled, Office of School Lunch Programs — Child Care Program Administration..... $2,650,000
7062-0017.. For the purposes of a federally funded grant entitled, Charter Schools Assistance Distribution................................ $3,381,252
7062-0019.. For the purposes of a federally funded grant entitled, Career Resource Network State Grant....................................... $70,000
Department of Higher Education.
7066-1574.. For the purposes of a federally funded grant entitled, Improving Teacher Quality Grants......................................... $1,533,634
7066-6033.. For the purposes of a federally funded grant entitled, Gaining Early Awareness and Readiness for Undergraduate Programs..... $3,730,176
7070-0017 . For the purposes of a federally funded grant entitled, Leveraging Educational Assistance Program— Department of Higher Education $966,753
7110-6019.. For the purposes of a federally funded grant entitled,
Upward Bound Payroll and Benefits—
7110-6030.. For the purposes of a federally funded grant entitled,
Expanding Horizons Student Support Services —
7110-6048.. For the purposes of a federally funded grant entitled,
Special Education Personnel Preparation—
7116-6224.. For the purposes of a federally funded grant entitled, Central Massachusetts Writing Project ............................. $8,000
7410-3093.. For the purposes of a federally funded grant entitled, Polymer Building Construction — University of Massachusetts Amherst .... $1,750,000
7503-6557.. For the purposes of a federally funded grant entitled, Trio Talent Search – Bristol Community College ...................... $168,418
7503-9711.. For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — Bristol Community College ... $449,875
7503-9714.. For the purposes of a federally funded grant entitled, Upward Bound Program — Bristol Community College ...................... $335,370
7509-1490.. For the purposes of a federally funded grant entitled, Educational Opportunities Centers Payroll — Mount Wachusett Community College......................................................... $173,000
7509-9714.. For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — Mount Wachusett Community College $285,000
7509-9718.. For the purposes of a federally funded grant entitled, Talent Search — Mount Wachusett Community College........................ $248,000
7509-9720.. For the purposes of a federally funded grant entitled, Gaining Early Awareness and Readiness for Undergraduate Programs 2011 — Mount Wachusett Community College.............................. $515,000
7509-9721.. For the purposes of a federally funded grant entitled, Upward Bound Math and Science Program – Mount Wachusett Community College . $260,000
7511-9711.. For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — North Shore Community College $455,000
7511-9713.. For the purposes of a federally funded grant entitled, IAP —Strengthening Institutions Program— North Shore Community College......................................................... $400,000
7511-9740.. For the purposes of a federally funded grant entitled, Upward Bound — North Shore Community College ............................ $370,000
7511-9750.. For the purposes of a federally funded grant entitled, Talent Search— North Shore Community College ............................ $220,000
7518-6127.. For the purposes of a federally funded grant entitled, College Work Study Program— Bunker Hill Community College ............. $205,000
EXECUTIVE OFFICE OF PUBLIC
SAFETY
AND
HOMELAND SECURITY.
Office of the Secretary.
8000-4602.. For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act — Planning................ $150,000
8000-4603.. For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act......................... $1,200,000
8000-4608.. For the purposes of a federally funded grant entitled, Drug-Free Schools and Communities Act of 1986............................ $1,200,000
8000-4609.. For the purposes of a federally funded grant entitled, Narcotics Control Assistance............................................... $866,000
8000-4610.. For the purposes of a federally funded grant entitled, Statistical Analysis Center ........................................... $60,000
8000-4611.. For the purposes of a federally funded grant entitled, Byrne Justice Assistance............................................. $4,000,000
8000-4613.. For the purposes of a federally funded grant entitled, Project Safe Neighborhood Anti-Gang Initiative........................ $500,000
8000-4614.. For the purposes of a federally funded grant entitled, Encourage Arrests Violence to Women ..................................... $1,000,000
8000-4619.. For the purposes of a federally funded grant entitled, Title V $75,000
8000-4620.. For the purposes of a federally funded grant entitled, Stop Violence Against Women Formula Grants Program................... $2,000,000
8000-4623.. For the purposes of a federally funded grant entitled, Criminal History Improvement............................................... $50,000
8000-4624.. For the purposes of a federally funded grant entitled, Prisoner Substance Abuse Treatment................................ $100,000
8000-4692.. For the purposes of a federally funded grant entitled, State Homeland Security Program...................................... $45,000,000
8000-4693.. For the purposes of a federally funded grant entitled, Project Safe Neighborhood ............................................ $700,000
8000-4695.. For the purposes of a federally funded grant entitled, Homeland Security Buffer Zone Protection................................. $2,000,000
8000-4696.. For the purposes of a federally funded grant entitled, Transportation Security Grant........................................ $12,000,000
8000-4697.. For the purposes of a federally funded grant entitled, Homeland Security Interoperable Communication............................ $8,000,000
8000-4698.. For the purposes of a federally funded grant entitled, Highway Safety Initiatives............................................ $3,000,000
8000-4804.. For the purposes of a federally funded grant entitled, State Agency Programs.............................................. $12,000,000
8000-4839.. For the purposes of a federally funded grant entitled, Enforcing Underage Drinking Law IV................................. $125,000
8000-4840.. For the purposes of a federally funded grant entitled, 2006 Enforcing Underage Drinking Laws................................... $350,000
8000-4841.. For the purposes of a federally funded grant entitled, Fatality Analysis Reporting................................................ $150,000
8000-6613.. For the purposes of a federally funded grant entitled, Juvenile Accountability II........................................ $775,200
Department of State Police.
8100-0200.. For the purposes of a federally funded grant entitled, Motor Vehicle Data Quality............................................. $405,196
8100-0209.. For the purposes of a federally funded grant entitled, Region 1 Training Academy Motor Carrier Safety Assistance.................. $150,500
8100-0210.. For the purposes of a federally funded grant entitled, MCSAP-CVE New Entrant Audit............................................ $630,213
8100-0217.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety Assistance.............................. $2,466,476
8100-0218.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety FY09.................................... $1,758,595
8100-2058.. For the purposes of a federally funded grant entitled, New England State Police Administrator’s Conference — Regional Investigation $703,335
8100-2638.. For the purposes of a federally funded grant entitled, Internet Crimes Against Children......................................... $250,000
8100-9706.. For the purposes of a federally funded grant entitled, Cannabis Eradication Controlled Substance Prosecution DEA Cooperative Agreement.......................................................... $39,680
8100-9730.. For the purposes of a federally funded grant entitled, Forensic Casework DNA Backlog FFY05........................................ $127,332
8100-9733.. For the purposes of a federally funded grant entitled, Forensic Casework DNA Backlog.............................................. $267,342
8100-9735.. For the purposes of a federally funded grant entitled, Paul Coverdell National Forensic Science Improvement Act FY09............ $55,200
8100-9736.. For the purposes of a federally funded grant entitled, Forensic Casework DNA Backlog.............................................. $140,000
8100-9738.. For the purposes of a federally funded grant entitled, Operation Clean Sweep Byrne FY09......................................... $440,481
8100-9739.. For the purposes of a federally funded grant entitled, Statewide Firearms Intelligence Byrne.............................. $220,630
Department of Fire Services.
8324-1505.. For the purposes of a federally funded grant entitled, USFA/NFA State Fire Training Program..................................... $28,000
8324-9707.. For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program............................ $236,329
Military Division.
8700-0006.. For the purposes of a federally funded grant entitled,
Military Construction Costs in
8700-0143.. For the purposes of an expendable trust entitled, Friends of Massachusetts National Guard and Reserve Families........ $585,586
8700-0302.. For the purposes of a federally funded grant entitled, Military Construction Costs in Reading............................ $831,499
Massachusetts Emergency Management Agency.
8800-0042.. For the purposes of a federally funded grant entitled, Hazardous Materials Transportation Act............................. $214,283
8800-0048.. For the purposes of a federally funded grant entitled, Flood Mitigation Assistance Program....................................... $987,679
8800-0064.. For the purposes of a federally funded grant entitled, Hazard Mitigation 1364..................................................... $470,105
8800-0080.. For the purposes of a federally funded grant entitled, Local Emergency Plan Assistance........................................... $22,656
8800-0086.. For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation/Disaster Resistant University................. $220,375
8800-0087.. For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation Competitive Grant........................... $4,386,097
8800-1512.. For the purposes of a federally funded grant entitled, Hazard Mitigation Program, HMPG for FEMA-DR1512............................ $180,667
Department of Correction.
8903-9709.. For the purposes of a federally funded grant entitled, Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders................................................ $128,799
EXECUTIVE OFFICE OF ELDER
AFFAIRS.
Office of the Secretary.
9110-1074.. For the purposes of a federally funded grant entitled, Older Americans Assistance, Title III and Title VII .................... $9,122,198
9110-1077.. For the purposes of a federally funded grant entitled, Older Americans Act, Title III-E, National Family Caregiver Support Program $3,673,479
9110-1095.. For the purposes of a federally funded grant entitled, Health Information Counseling and Assistance.................... $676,386
9110-1150.. For the purposes of a federally funded grant entitled, Empowering Older People................................................... $300,000
9110-1173.. For the purposes of a federally funded grant entitled, Older Americans Act – Title III Nutritional Program................... $13,936,717
9110-1174.. For the purposes of a federally funded grant entitled, Nutrition Services Incentive Program............................. $4,056,178
9110-1178.. For the purposes of a federally funded grant entitled, Community Service Employment Program..................................... $1,881,501
9110-1179.. For the purposes of a federally funded grant entitled, Performance Outcome Measures Project.................................. $30,000
9110-2760.. For the purposes of a federally funded grant entitled, New England Massachusetts Aging and Disability Resource Center ....... $350,000
9110-2761.. For the purposes of a federally funded grant entitled, Aging and Disability Resource Center- Center for Medicaid and Medicare Services........................................................... $6,500
Office for Refugees and Immigrants.
4003-0801.. For the purposes of a federally funded grant entitled, Achieving Self-Sufficiency in a Short Time.............................. $335,000
4003-0803.. For the purposes of a federally funded grant entitled, Refugee School Impact................................................... $287,500
4003-0804.. For the purposes of a federally funded grant entitled, refugee Targeted Assistance Grant....................................... $1,156,746
4003-0805.. For the purposes of a federally funded grant entitled, refugee Resettlement Program................................... $1,613,552
4003-0806.. For the purposes of a federally funded grant entitled, Refugee Cash, Medical, and Administration............................ $7,772,792
4003-0809.. For the purposes of a federally funded grant entitled, Refugees Effectively Accessing Connections with Hope (REACH)...... $200,000
4003-0810.. For the purposes of a federally funded grant entitled, Refugee Agriculture Partnership Program (RAPP).................... $93,518
SECTION 3. Notwithstanding any
general or special law to the contrary, for the fiscal year ending
Notwithstanding any general or special law to the contrary, the total amounts to be distributed and paid to each city and town from the General Fund, shall be $124,153,283 and shall be apportioned to the cities and towns in accordance with this section; provided further, that said payments shall be considered part of the distribution to cities and towns of the balance of the State Lottery Fund for the purpose of the definition of "General revenue sharing aid" in section 2 of chapter 70 of the General Laws.
Notwithstanding any general or special law to the contrary, the total amounts to be distributed and paid to each city and town from item 0611-5500 of section 2 shall be as set forth in the following lists. The amounts to be distributed from said item 0611-5500 of said section 2 shall be in full satisfaction of the amounts due under section 37 of chapter 21 of the General Laws.
Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2009 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists. The specified amounts to be distributed from said item 7061-0008 of said section 2 shall be in full satisfaction of the amounts due under chapter 70 of the General Laws.
For fiscal year 2009, the foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2008. The target local share shall be calculated using the same methodology used in fiscal year 2008. Preliminary local contribution shall be the municipality’s fiscal year 2008 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality’s preliminary contribution as a percentage of foundation is more than 5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality’s revenue growth factor plus 1 percentage point; provided further, that if a municipality’s preliminary contribution as a percentage of foundation is more than 10 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality’s revenue growth factor plus 2 percentage points. Required local contributions shall be calculated using the same methodology used in fiscal year 2008; provided, that in any municipality with a preliminary contribution higher than its target local contribution, required local contribution shall be the preliminary local contribution reduced by 33 per cent of the gap between the preliminary local contribution and the target local contribution. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality’s pupils at each of those districts.
For fiscal year 2009, the “foundation aid increment” shall be the difference between: (a) the positive difference between a district’s foundation budget and its required district contribution; and (b) prior year aid. The “down payment aid increment” shall be 33 per cent of the positive difference between 100 per cent of a district’s target aid share and its prior year chapter 70 aid, minus the foundation aid increment; provided, that the target aid share shall be calculated in the same way as in fiscal year 2008 using updated income, equalized valuation and foundation budget data. The minimum target aid share shall be 17.5 per cent. The “growth aid increment” shall be equal to (a) the product of the target aid percentage multiplied by the difference between the current and prior year foundation budget minus (b) the foundation aid increment and down payment aid increment. The “minimum aid increment” shall be equal to (a) $50 multiplied by the district’s foundation enrollment minus (b) the sum of the foundation aid increment, down payment aid increment and growth aid increment. In no case shall the foundation aid increment, down-payment aid increment, growth aid increment, or minimum aid increment be less than zero.
Chapter 70 aid for fiscal year 2009 shall be the sum of prior year aid plus the foundation aid increment plus the down payment aid increment, if any, plus the growth increment, if any, plus the minimum aid increment, if any. No district shall receive chapter 70 aid in an amount greater than the district’s foundation budget. If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.
The department of education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994.
No payments to cities, towns or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of the commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by the secretary.
| Municipality | Chapter 70 | Additional Assistance | Lottery Aid Funded through Lottery Revenues | General Fund Supplement to Hold Harmless Lottery Aid | Total Lottery |
|---|---|---|---|---|---|
| ABINGTON | 7,808,577 | 0 | 2,123,221 | 325,087 | 2,448,308 |
| ACTON | 5,228,141 | 29,696 | 1,484,039 | 227,222 | 1,711,261 |
| ACUSHNET | 6,510,503 | 23,875 | 1,615,787 | 247,394 | 1,863,181 |
| ADAMS | 9,141 | 35,042 | 2,148,435 | 328,947 | 2,477,382 |
| AGAWAM | 16,486,547 | 0 | 3,976,245 | 608,804 | 4,585,049 |
| ALFORD | 0 | 0 | 14,564 | 2,230 | 16,794 |
| AMESBURY | 9,079,191 | 0 | 2,099,746 | 321,493 | 2,421,239 |
| AMHERST | 6,266,707 | 222,910 | 8,513,025 | 1,303,431 | 9,816,456 |
| ANDOVER | 7,467,975 | 0 | 1,928,601 | 295,289 | 2,223,890 |
| ARLINGTON | 6,229,294 | 4,491,775 | 4,293,083 | 657,315 | 4,950,398 |
| ASHBURNHAM | 0 | 0 | 755,093 | 115,613 | 870,706 |
| ASHBY | 0 | 0 | 411,706 | 63,036 | 474,742 |
| ASHFIELD | 99,291 | 0 | 200,377 | 30,680 | 231,057 |
| ASHLAND | 4,593,982 | 291,598 | 1,206,702 | 184,758 | 1,391,460 |
| ATHOL | 0 | 4,377 | 2,464,613 | 377,358 | 2,841,971 |
| ATTLEBORO | 30,251,302 | 0 | 6,157,435 | 942,766 | 7,100,201 |
| AUBURN | 5,807,803 | 0 | 1,848,442 | 283,015 | 2,131,457 |
| AVON | 880,355 | 400,636 | 400,636 | 61,342 | 461,978 |
| AYER | 4,253,186 | 44,218 | 778,730 | 119,232 | 897,962 |
| BARNSTABLE | 7,744,649 | 0 | 2,270,301 | 347,606 | 2,617,907 |
| BARRE | 17,858 | 0 | 877,692 | 134,384 | 1,012,076 |
| BECKET | 81,381 | 8,580 | 90,577 | 13,868 | 104,445 |
| BEDFORD | 3,025,145 | 484,271 | 819,014 | 125,400 | 944,414 |
| BELCHERTOWN | 13,164,100 | 0 | 1,836,460 | 281,181 | 2,117,641 |
| BELLINGHAM | 8,560,993 | 0 | 1,831,429 | 280,411 | 2,111,840 |
| BELMONT | 4,603,815 | 827,483 | 1,719,422 | 263,261 | 1,982,683 |
| BERKLEY | 5,537,165 | 0 | 656,712 | 100,549 | 757,261 |
| BERLIN | 539,078 | 0 | 217,605 | 33,318 | 250,923 |
| BERNARDSTON | 0 | 0 | 306,124 | 46,871 | 352,995 |
| BEVERLY | 7,254,770 | 2,452,442 | 4,176,202 | 639,419 | 4,815,621 |
| BILLERICA | 17,465,958 | 2,349,321 | 4,247,616 | 650,354 | 4,897,970 |
| BLACKSTONE | 127,344 | 0 | 1,291,572 | 197,753 | 1,489,325 |
| BLANDFORD | 45,414 | 0 | 136,166 | 20,849 | 157,015 |
| BOLTON | 5,769 | 0 | 213,098 | 32,628 | 245,726 |
| BOSTON | 221,422,839 | 164,211,152 | 62,079,987 | 9,505,083 | 71,585,070 |
| BOURNE | 5,049,097 | 352,555 | 1,276,459 | 195,439 | 1,471,898 |
| BOXBOROUGH | 1,394,863 | 0 | 272,260 | 41,686 | 313,946 |
| BOXFORD | 1,653,884 | 36,411 | 493,108 | 75,500 | 568,608 |
| BOYLSTON | 460,908 | 0 | 369,704 | 56,605 | 426,309 |
| BRAINTREE | 9,517,288 | 3,378,041 | 3,246,720 | 497,106 | 3,743,826 |
| BREWSTER | 957,078 | 0 | 426,164 | 65,250 | 491,414 |
| BRIDGEWATER | 85,768 | 0 | 3,456,202 | 529,180 | 3,985,382 |
| BRIMFIELD | 1,190,971 | 0 | 420,808 | 64,430 | 485,238 |
| BROCKTON | 128,909,020 | 4,310,392 | 18,861,064 | 2,887,822 | 21,748,886 |
| BROOKFIELD | 1,369,987 | 0 | 532,912 | 81,594 | 614,506 |
| BROOKLINE | 7,473,142 | 3,497,741 | 3,819,234 | 584,764 | 4,403,998 |
| BUCKLAND | 0 | 0 | 298,609 | 45,720 | 344,329 |
| BURLINGTON | 5,524,388 | 1,386,400 | 1,624,269 | 248,692 | 1,872,961 |
| CAMBRIDGE | 9,316,701 | 17,956,060 | 7,615,265 | 1,165,975 | 8,781,240 |
| CANTON | 3,760,236 | 878,002 | 1,553,135 | 237,801 | 1,790,936 |
| CARLISLE | 851,812 | 14,729 | 223,998 | 34,296 | 258,294 |
| CARVER | 10,319,108 | 0 | 1,576,731 | 241,414 | 1,818,145 |
| CHARLEMONT | 143,418 | 0 | 188,665 | 28,886 | 217,551 |
| CHARLTON | 0 | 0 | 1,400,782 | 214,474 | 1,615,256 |
| CHATHAM | 699,107 | 0 | 162,435 | 24,871 | 187,306 |
| CHELMSFORD | 9,432,005 | 2,535,342 | 3,279,476 | 502,122 | 3,781,598 |
| CHELSEA | 50,797,335 | 3,396,864 | 5,918,634 | 906,204 | 6,824,838 |
| CHESHIRE | 316,850 | 0 | 607,454 | 93,007 | 700,461 |
| CHESTER | 133,451 | 0 | 194,318 | 29,752 | 224,070 |
| CHESTERFIELD | 129,211 | 0 | 149,018 | 22,816 | 171,834 |
| CHICOPEE | 48,081,058 | 1,195,616 | 11,391,855 | 1,744,210 | 13,136,065 |
| CHILMARK | 0 | 0 | 4,047 | 620 | 4,667 |
| CLARKSBURG | 1,723,370 | 13,114 | 381,264 | 58,375 | 439,639 |
| CLINTON | 11,212,718 | 175,517 | 2,388,550 | 365,711 | 2,754,261 |
| COHASSET | 1,788,815 | 166,099 | 411,254 | 62,967 | 474,221 |
| COLRAIN | 0 | 0 | 275,354 | 42,159 | 317,513 |
| CONCORD | 2,154,784 | 383,959 | 919,155 | 140,732 | 1,059,887 |
| CONWAY | 638,732 | 0 | 192,895 | 29,534 | 222,429 |
| CUMMINGTON | 70,568 | 0 | 90,039 | 13,786 | 103,825 |
| DALTON | 218,598 | 0 | 1,088,076 | 166,596 | 1,254,672 |
| DANVERS | 4,601,706 | 1,118,972 | 2,103,687 | 322,096 | 2,425,783 |
| DARTMOUTH | 9,683,685 | 0 | 2,720,814 | 416,585 | 3,137,399 |
| DEDHAM | 3,935,816 | 1,550,298 | 2,185,091 | 334,560 | 2,519,651 |
| DEERFIELD | 1,106,598 | 0 | 518,401 | 79,373 | 597,774 |
| DENNIS | 0 | 0 | 587,807 | 89,999 | 677,806 |
| DIGHTON | 0 | 0 | 750,161 | 114,857 | 865,018 |
| DOUGLAS | 8,066,226 | 0 | 787,657 | 120,598 | 908,255 |
| DOVER | 648,415 | 0 | 207,623 | 31,789 | 239,412 |
| DRACUT | 17,410,464 | 0 | 3,781,642 | 579,008 | 4,360,650 |
| DUDLEY | 0 | 0 | 1,666,009 | 255,083 | 1,921,092 |
| DUNSTABLE | 0 | 30,076 | 224,728 | 34,408 | 259,136 |
| DUXBURY | 4,341,487 | 0 | 956,721 | 146,484 | 1,103,205 |
| EAST BRIDGEWATER | 10,896,226 | 0 | 1,615,582 | 247,362 | 1,862,944 |
| EAST BROOKFIELD | 95,548 | 0 | 291,291 | 44,600 | 335,891 |
| EAST LONGMEADOW | 8,324,121 | 0 | 1,562,302 | 239,204 | 1,801,506 |
| EASTHAM | 340,536 | 0 | 160,802 | 24,620 | 185,422 |
| EASTHAMPTON | 8,158,515 | 108,874 | 2,939,329 | 450,042 | 3,389,371 |
| EASTON | 9,794,246 | 0 | 2,363,583 | 361,889 | 2,725,472 |
| EDGARTOWN | 455,629 | 28,507 | 47,174 | 7,223 | 54,397 |
| EGREMONT | 0 | 0 | 68,100 | 10,427 | 78,527 |
| ERVING | 413,092 | 13,150 | 61,140 | 9,361 | 70,501 |
| ESSEX | 0 | 33,828 | 234,921 | 35,969 | 270,890 |
| EVERETT | 33,919,780 | 4,084,357 | 3,914,642 | 599,372 | 4,514,014 |
| FAIRHAVEN | 7,657,403 | 391,434 | 2,094,396 | 320,674 | 2,415,070 |
| FALL RIVER | 93,641,102 | 2,290,951 | 23,734,037 | 3,633,925 | 27,367,962 |
| FALMOUTH | 5,224,411 | 0 | 1,496,353 | 229,107 | 1,725,460 |
| FITCHBURG | 41,150,295 | 214,811 | 9,024,551 | 1,381,751 | 10,406,302 |
| FLORIDA | 516,835 | 0 | 53,723 | 8,226 | 61,949 |
| FOXBOROUGH | 8,462,796 | 0 | 1,607,662 | 246,150 | 1,853,812 |
| FRAMINGHAM | 17,135,878 | 4,697,500 | 6,664,432 | 1,020,393 | 7,684,825 |
| FRANKLIN | 28,726,706 | 0 | 2,666,957 | 408,338 | 3,075,295 |
| FREETOWN | 1,546,895 | 0 | 1,024,891 | 156,921 | 1,181,812 |
| GARDNER | 19,135,945 | 120,747 | 4,468,972 | 684,245 | 5,153,217 |
| AQUINNAH | 0 | 0 | 2,521 | 386 | 2,907 |
| GEORGETOWN | 4,444,922 | 52,998 | 727,229 | 111,346 | 838,575 |
| GILL | 0 | 0 | 229,543 | 35,145 | 264,688 |
| GLOUCESTER | 6,204,130 | 1,923,054 | 2,642,985 | 404,668 | 3,047,653 |
| GOSHEN | 102,159 | 0 | 86,346 | 13,220 | 99,566 |
| GOSNOLD | 17,447 | 1,962 | 563 | 86 | 649 |
| GRAFTON | 8,180,814 | 0 | 1,687,603 | 258,389 | 1,945,992 |
| GRANBY | 4,732,473 | 0 | 952,996 | 145,913 | 1,098,909 |
| GRANVILLE | 1,344,685 | 0 | 173,046 | 26,495 | 199,541 |
| GREAT BARRINGTON | 0 | 0 | 819,120 | 125,416 | 944,536 |
| GREENFIELD | 9,734,728 | 0 | 3,426,642 | 524,654 | 3,951,296 |
| GROTON | 0 | 0 | 830,706 | 127,190 | 957,896 |
| GROVELAND | 0 | 0 | 687,260 | 105,227 | 792,487 |
| HADLEY | 790,348 | 138,341 | 369,882 | 56,633 | 426,515 |
| HALIFAX | 2,643,129 | 0 | 979,766 | 150,012 | 1,129,778 |
| HAMILTON | 0 | 42,887 | 656,812 | 100,565 | 757,377 |
| HAMPDEN | 0 | 0 | 676,114 | 103,520 | 779,634 |
| HANCOCK | 205,303 | 17,638 | 45,643 | 6,988 | 52,631 |
| HANOVER | 6,004,648 | 1,326,394 | 1,136,124 | 173,952 | 1,310,076 |
| HANSON | 11,943 | 0 | 1,264,731 | 193,643 | 1,458,374 |
| HARDWICK | 0 | 3,228 | 434,673 | 66,553 | 501,226 |
| HARVARD | 1,787,958 | 55,090 | 1,550,631 | 237,417 | 1,788,048 |
| HARWICH | 1,871,266 | 0 | 464,916 | 71,183 | 536,099 |
| HATFIELD | 812,018 | 0 | 336,777 | 51,564 | 388,341 |
| HAVERHILL | 36,078,018 | 2,503,145 | 8,437,205 | 1,291,823 | 9,729,028 |
| HAWLEY | 11,668 | 12,924 | 35,502 | 5,436 | 40,938 |
| HEATH | 0 | 0 | 84,583 | 12,950 | 97,533 |
| HINGHAM | 4,850,597 | 334,151 | 1,413,614 | 216,439 | 1,630,053 |
| HINSDALE | 111,270 | 0 | 228,618 | 35,004 | 263,622 |
| HOLBROOK | 4,956,102 | 4,757 | 1,588,423 | 243,204 | 1,831,627 |
| HOLDEN | 0 | 0 | 1,849,290 | 283,145 | 2,132,435 |
| HOLLAND | 889,479 | 0 | 217,849 | 33,355 | 251,204 |
| HOLLISTON | 6,879,932 | 412,300 | 1,313,876 | 201,168 | 1,515,044 |
| HOLYOKE | 67,779,308 | 606,646 | 10,435,570 | 1,597,793 | 12,033,363 |
| HOPEDALE | 6,268,494 | 0 | 703,802 | 107,759 | 811,561 |
| HOPKINTON | 5,788,652 | 120,287 | 743,552 | 113,845 | 857,397 |
| HUBBARDSTON | 8,587 | 0 | 432,746 | 66,258 | 499,004 |
| HUDSON | 8,415,317 | 0 | 2,152,286 | 329,537 | 2,481,823 |
| HULL | 3,891,843 | 1,388,549 | 1,083,188 | 165,847 | 1,249,035 |
| HUNTINGTON | 218,880 | 0 | 356,332 | 54,558 | 410,890 |
| IPSWICH | 2,550,997 | 775,432 | 1,060,088 | 162,310 | 1,222,398 |
| KINGSTON | 3,890,145 | 0 | 1,035,980 | 158,619 | 1,194,599 |
| LAKEVILLE | 2,437,801 | 0 | 883,125 | 135,215 | 1,018,340 |
| LANCASTER | 0 | 0 | 893,497 | 136,803 | 1,030,300 |
| LANESBOROUGH | 861,902 | 0 | 372,314 | 57,005 | 429,319 |
| LAWRENCE | 136,055,235 | 190,699 | 21,026,845 | 3,219,426 | 24,246,271 |
| LEE | 2,067,656 | 0 | 672,180 | 102,918 | 775,098 |
| LEICESTER | 9,911,439 | 0 | 1,874,033 | 286,934 | 2,160,967 |
| LENOX | 1,219,373 | 72,146 | 512,735 | 78,505 | 591,240 |
| LEOMINSTER | 40,477,387 | 11,693 | 6,167,107 | 944,247 | 7,111,354 |
| LEVERETT | 287,813 | 0 | 192,655 | 29,498 | 222,153 |
| LEXINGTON | 7,601,057 | 0 | 1,654,143 | 253,266 | 1,907,409 |
| LEYDEN | 0 | 0 | 88,049 | 13,481 | 101,530 |
| LINCOLN | 774,506 | 292,012 | 481,547 | 73,730 | 555,277 |
| LITTLETON | 3,017,400 | 164,924 | 624,195 | 95,571 | 719,766 |
| LONGMEADOW | 4,429,510 | 0 | 1,507,949 | 230,882 | 1,738,831 |
| LOWELL | 119,881,735 | 6,340,746 | 21,687,224 | 3,320,537 | 25,007,761 |
| LUDLOW | 12,688,709 | 0 | 3,297,199 | 504,835 | 3,802,034 |
| LUNENBURG | 4,620,790 | 0 | 1,141,383 | 174,757 | 1,316,140 |
| LYNN | 117,607,718 | 9,477,523 | 15,946,455 | 2,441,566 | 18,388,021 |
| LYNNFIELD | 4,095,804 | 362,288 | 808,342 | 123,766 | 932,108 |
| MALDEN | 41,237,571 | 5,586,730 | 8,696,298 | 1,331,493 | 10,027,791 |
| MANCHESTER | 0 | 0 | 240,028 | 36,751 | 276,779 |
| MANSFIELD | 17,263,411 | 725,040 | 1,778,774 | 272,348 | 2,051,122 |
| MARBLEHEAD | 4,903,471 | 39,403 | 1,194,906 | 182,952 | 1,377,858 |
| MARION | 465,310 | 0 | 243,539 | 37,288 | 280,827 |
| MARLBOROUGH | 11,626,039 | 2,728,327 | 3,509,376 | 537,321 | 4,046,697 |
| MARSHFIELD | 14,624,362 | 202,756 | 2,162,341 | 331,077 | 2,493,418 |
| MASHPEE | 4,527,865 | 0 | 397,103 | 60,801 | 457,904 |
| MATTAPOISETT | 568,024 | 0 | 437,452 | 66,978 | 504,430 |
| MAYNARD | 3,263,163 | 586,886 | 1,186,706 | 181,697 | 1,368,403 |
| MEDFIELD | 6,058,209 | 744,614 | 918,834 | 140,683 | 1,059,517 |
| MEDFORD | 11,681,327 | 6,432,448 | 7,209,945 | 1,103,916 | 8,313,861 |
| MEDWAY | 9,230,437 | 187,002 | 1,154,624 | 176,785 | 1,331,409 |
| MELROSE | 7,541,739 | 2,704,187 | 3,190,170 | 488,448 | 3,678,618 |
| MENDON | 27,663 | 0 | 441,076 | 67,533 | 508,609 |
| MERRIMAC | 0 | 0 | 785,896 | 120,329 | 906,225 |
| METHUEN | 37,369,988 | 163,026 | 5,727,102 | 876,878 | 6,603,980 |
| MIDDLEBOROUGH | 17,185,388 | 0 | 2,661,068 | 407,437 | 3,068,505 |
| MIDDLEFIELD | 17,650 | 0 | 57,379 | 8,785 | 66,164 |
| MIDDLETON | 1,598,957 | 126,570 | 480,794 | 73,615 | 554,409 |
| MILFORD | 14,245,479 | 0 | 3,296,696 | 504,758 | 3,801,454 |
| MILLBURY | 6,956,660 | 0 | 1,911,265 | 292,634 | 2,203,899 |
| MILLIS | 3,565,161 | 320,940 | 851,702 | 130,404 | 982,106 |
| MILLVILLE | 43,194 | 0 | 385,261 | 58,988 | 444,249 |
| MILTON | 4,786,872 | 1,245,145 | 2,388,246 | 365,665 | 2,753,911 |
| MONROE | 89,564 | 13,927 | 7,769 | 1,189 | 8,958 |
| MONSON | 7,708,640 | 0 | 1,408,931 | 215,722 | 1,624,653 |
| MONTAGUE | 6,507 | 0 | 1,364,557 | 208,928 | 1,573,485 |
| MONTEREY | 0 | 12,538 | 37,067 | 5,675 | 42,742 |
| MONTGOMERY | 19,446 | 0 | 88,560 | 13,559 | 102,119 |
| MOUNT WASHINGTON | 34,839 | 33,286 | 3,489 | 534 | 4,023 |
| NAHANT | 475,089 | 125,393 | 299,072 | 45,791 | 344,863 |
| NANTUCKET | 1,438,148 | 0 | 85,517 | 13,094 | 98,611 |
| NATICK | 5,843,990 | 1,942,474 | 2,428,369 | 371,808 | 2,800,177 |
| NEEDHAM | 6,118,846 | 205,993 | 1,705,544 | 261,136 | 1,966,680 |
| NEW ASHFORD | 166,015 | 7,313 | 15,581 | 2,386 | 17,967 |
| NEW BEDFORD | 110,955,531 | 716,255 | 24,207,708 | 3,706,449 | 27,914,157 |
| NEW BRAINTREE | 0 | 0 | 128,668 | 19,700 | 148,368 |
| NEW MARLBOROUGH | 0 | 0 | 63,211 | 9,678 | 72,889 |
| NEW SALEM | 0 | 0 | 110,683 | 16,947 | 127,630 |
| NEWBURY | 0 | 0 | 490,314 | 75,072 | 565,386 |
| NEWBURYPORT | 3,388,114 | 1,380,057 | 1,555,935 | 238,230 | 1,794,165 |
| NEWTON | 14,460,608 | 1,377,012 | 5,148,710 | 788,320 | 5,937,030 |
| NORFOLK | 3,486,975 | 0 | 1,035,062 | 158,479 | 1,193,541 |
| NORTH ADAMS | 14,464,725 | 185,853 | 4,627,279 | 708,484 | 5,335,763 |
| NORTH ANDOVER | 5,551,977 | 120,549 | 2,107,405 | 322,665 | 2,430,070 |
| NORTH ATTLEBOROUGH | 21,050,700 | 0 | 3,105,234 | 475,443 | 3,580,677 |
| NORTH BROOKFIELD | 4,451,604 | 0 | 860,039 | 131,681 | 991,720 |
| NORTH READING | 6,170,866 | 945,499 | 1,096,475 | 167,882 | 1,264,357 |
| NORTHAMPTON | 7,376,359 | 577,922 | 4,242,771 | 649,612 | 4,892,383 |
| NORTHBOROUGH | 3,347,474 | 61,111 | 1,150,939 | 176,221 | 1,327,160 |
| NORTHBRIDGE | 14,256,878 | 3,071 | 2,275,644 | 348,424 | 2,624,068 |
| NORTHFIELD | 0 | 0 | 341,668 | 52,313 | 393,981 |
| NORTON | 13,094,617 | 0 | 2,243,284 | 343,470 | 2,586,754 |
| NORWELL | 2,778,831 | 541,079 | 687,802 | 105,309 | 793,111 |
| NORWOOD | 5,183,560 | 2,665,880 | 2,708,514 | 414,701 | 3,123,215 |
| OAK BLUFFS | 661,462 | 0 | 78,496 | 12,018 | 90,514 |
| OAKHAM | 80,415 | 0 | 207,077 | 31,706 | 238,783 |
| ORANGE | 5,516,748 | 2,115 | 1,742,469 | 266,790 | 2,009,259 |
| ORLEANS | 256,162 | 0 | 185,398 | 28,386 | 213,784 |
| OTIS | 0 | 0 | 39,258 | 6,011 | 45,269 |
| OXFORD | 9,416,524 | 0 | 2,219,385 | 339,811 | 2,559,196 |
| PALMER | 11,225,832 | 0 | 2,164,580 | 331,419 | 2,495,999 |
| PAXTON | 0 | 0 | 504,288 | 77,212 | 581,500 |
| PEABODY | 20,118,092 | 3,140,276 | 5,067,896 | 775,947 | 5,843,843 |
| PELHAM | 233,169 | 0 | 171,807 | 26,305 | 198,112 |
| PEMBROKE | 12,449,176 | 0 | 1,814,338 | 277,794 | 2,092,132 |
| PEPPERELL | 8,877 | 0 | 1,380,243 | 211,329 | 1,591,572 |
| PERU | 91,528 | 0 | 120,192 | 18,403 | 138,595 |
| PETERSHAM | 451,377 | 0 | 123,738 | 18,945 | 142,683 |
| PHILLIPSTON | 0 | 4,386 | 188,598 | 28,876 | 217,474 |
| PITTSFIELD | 35,756,340 | 880,284 | 8,555,511 | 1,309,937 | 9,865,448 |
| PLAINFIELD | 54,235 | 0 | 54,149 | 8,291 | 62,440 |
| PLAINVILLE | 2,687,691 | 0 | 818,839 | 125,373 | 944,212 |
| PLYMOUTH | 21,376,068 | 0 | 4,229,280 | 647,546 | 4,876,826 |
| PLYMPTON | 594,336 | 0 | 256,062 | 39,206 | 295,268 |
| PRINCETON | 0 | 0 | 319,569 | 48,929 | 368,498 |
| PROVINCETOWN | 278,151 | 22,181 | 130,058 | 19,913 | 149,971 |
| QUINCY | 16,126,667 | 11,567,002 | 10,578,453 | 1,619,670 | 12,198,123 |
| RANDOLPH | 12,185,588 | 1,825,854 | 4,026,799 | 616,544 | 4,643,343 |
| RAYNHAM | 0 | 0 | 1,227,334 | 187,918 | 1,415,252 |
| READING | 9,264,215 | 1,534,901 | 2,167,997 | 331,943 | 2,499,940 |
| REHOBOTH | 0 | 0 | 1,013,024 | 155,104 | 1,168,128 |
| REVERE | 33,590,732 | 5,334,444 | 6,476,715 | 991,651 | 7,468,366 |
| RICHMOND | 356,276 | 0 | 116,772 | 17,879 | 134,651 |
| ROCHESTER | 1,634,188 | 0 | 458,417 | 70,188 | 528,605 |
| ROCKLAND | 10,359,483 | 394,336 | 2,511,335 | 384,511 | 2,895,846 |
| ROCKPORT | 1,370,912 | 0 | 472,285 | 72,312 | 544,597 |
| ROWE | 72,924 | 0 | 4,252 | 651 | 4,903 |
| ROWLEY | 0 | 114,232 | 483,811 | 74,077 | 557,888 |
| ROYALSTON | 0 | 0 | 173,785 | 26,608 | 200,393 |
| RUSSELL | 179,065 | 0 | 263,112 | 40,285 | 303,397 |
| RUTLAND | 10,197 | 0 | 883,378 | 135,254 | 1,018,632 |
| SALEM | 14,371,186 | 3,298,731 | 4,584,849 | 701,988 | 5,286,837 |
| SALISBURY | 0 | 0 | 681,974 | 104,417 | 786,391 |
| SANDISFIELD | 0 | 0 | 37,402 | 5,727 | 43,129 |
| SANDWICH | 6,873,318 | 88,406 | 1,139,865 | 174,525 | 1,314,390 |
| SAUGUS | 4,191,423 | 1,784,087 | 2,412,605 | 369,395 | 2,782,000 |
| SAVOY | 527,277 | 13,801 | 113,091 | 17,315 | 130,406 |
| SCITUATE | 5,208,715 | 875,037 | 1,412,437 | 216,259 | 1,628,696 |
| SEEKONK | 4,605,053 | 0 | 1,328,179 | 203,358 | 1,531,537 |
| SHARON | 6,964,282 | 62,495 | 1,456,723 | 223,039 | 1,679,762 |
| SHEFFIELD | 14,760 | 11,938 | 252,597 | 38,675 | 291,272 |
| SHELBURNE | 0 | 0 | 279,810 | 42,842 | 322,652 |
| SHERBORN | 538,802 | 20,951 | 215,624 | 33,014 | 248,638 |
| SHIRLEY | 4,484,574 | 185,558 | 1,255,183 | 192,181 | 1,447,364 |
| SHREWSBURY | 18,866,811 | 298,861 | 2,747,474 | 420,666 | 3,168,140 |
| SHUTESBURY | 616,453 | 0 | 183,035 | 28,025 | 211,060 |
| SOMERSET | 5,372,323 | 0 | 1,655,450 | 253,466 | 1,908,916 |
| SOMERVILLE | 20,597,265 | 16,219,924 | 12,055,660 | 1,845,845 | 13,901,505 |
| SOUTH HADLEY | 7,665,297 | 20,214 | 2,801,393 | 428,922 | 3,230,315 |
| SOUTHAMPTON | 2,614,089 | 0 | 687,738 | 105,300 | 793,038 |
| SOUTHBOROUGH | 2,861,518 | 0 | 472,081 | 72,280 | 544,361 |
| SOUTHBRIDGE | 16,282,624 | 0 | 3,797,171 | 581,386 | 4,378,557 |
| SOUTHWICK | 0 | 0 | 1,229,576 | 188,261 | 1,417,837 |
| SPENCER | 0 | 0 | 2,109,599 | 323,001 | 2,432,600 |
| SPRINGFIELD | 262,734,913 | 1,829,496 | 39,273,767 | 6,013,217 | 45,286,984 |
| STERLING | 0 | 0 | 742,383 | 113,666 | 856,049 |
| STOCKBRIDGE | 0 | 0 | 107,589 | 16,473 | 124,062 |
| STONEHAM | 3,532,166 | 2,028,958 | 2,251,812 | 344,776 | 2,596,588 |
| STOUGHTON | 12,759,783 | 103,134 | 3,366,896 | 515,506 | 3,882,402 |
| STOW | 0 | 6,974 | 448,322 | 68,643 | 516,965 |
| STURBRIDGE | 2,061,613 | 0 | 836,218 | 128,033 | 964,251 |
| SUDBURY | 4,367,981 | 641,561 | 954,514 | 146,146 | 1,100,660 |
| SUNDERLAND | 891,346 | 0 | 545,541 | 83,528 | 629,069 |
| SUTTON | 5,496,292 | 0 | 842,550 | 129,003 | 971,553 |
| SWAMPSCOTT | 2,701,925 | 352,328 | 1,091,550 | 167,128 | 1,258,678 |
| SWANSEA | 4,735,383 | 0 | 2,027,210 | 310,387 | 2,337,597 |
| TAUNTON | 45,146,596 | 0 | 9,078,133 | 1,389,955 | 10,468,088 |
| TEMPLETON | 0 | 0 | 1,307,638 | 200,213 | 1,507,851 |
| TEWKSBURY | 13,139,908 | 0 | 3,004,066 | 459,953 | 3,464,019 |
| TISBURY | 410,255 | 0 | 105,837 | 16,205 | 122,042 |
| TOLLAND | 0 | 9,864 | 9,650 | 1,477 | 11,127 |
| TOPSFIELD | 1,105,893 | 253,284 | 442,377 | 67,733 | 510,110 |
| TOWNSEND | 8,704 | 0 | 1,261,350 | 193,126 | 1,454,476 |
| TRURO | 264,595 | 0 | 32,471 | 4,972 | 37,443 |
| TYNGSBOROUGH | 7,502,677 | 0 | 1,043,082 | 159,707 | 1,202,789 |
| TYRINGHAM | 37,969 | 0 | 13,703 | 2,098 | 15,801 |
| UPTON | 24,535 | 0 | 528,594 | 80,933 | 609,527 |
| UXBRIDGE | 9,646,402 | 0 | 1,485,136 | 227,389 | 1,712,525 |
| WAKEFIELD | 4,868,148 | 1,438,080 | 2,389,038 | 365,786 | 2,754,824 |
| WALES | 698,579 | 0 | 254,937 | 39,034 | 293,971 |
| WALPOLE | 7,504,424 | 883,775 | 1,984,388 | 303,830 | 2,288,218 |
| WALTHAM | 7,619,002 | 5,458,868 | 5,630,683 | 862,115 | 6,492,798 |
| WARE | 8,166,339 | 15,257 | 1,850,192 | 283,283 | 2,133,475 |
| WAREHAM | 12,491,866 | 0 | 2,135,501 | 326,967 | 2,462,468 |
| WARREN | 71,661 | 0 | 847,904 | 129,823 | 977,727 |
| WARWICK | 0 | 28,890 | 97,670 | 14,954 | 112,624 |
| WASHINGTON | 11,943 | 23,752 | 71,998 | 11,024 | 83,022 |
| WATERTOWN | 3,486,296 | 4,427,251 | 3,053,794 | 467,567 | 3,521,361 |
| WAYLAND | 3,389,954 | 280,373 | 732,505 | 112,154 | 844,659 |
| WEBSTER | 9,199,351 | 62,006 | 2,618,621 | 400,938 | 3,019,559 |
| WELLESLEY | 6,518,222 | 96,838 | 1,314,235 | 201,223 | 1,515,458 |
| WELLFLEET | 157,726 | 0 | 63,088 | 9,659 | 72,747 |
| WENDELL | 0 | 25,534 | 158,467 | 24,263 | 182,730 |
| WENHAM | 0 | 139,794 | 341,098 | 52,226 | 393,324 |
| WEST BOYLSTON | 3,023,114 | 67,754 | 801,213 | 122,674 | 923,887 |
| WEST BRIDGEWATER | 2,226,304 | 47,212 | 664,864 | 101,798 | 766,662 |
| WEST BROOKFIELD | 214,017 | 0 | 512,575 | 78,481 | 591,056 |
| WEST NEWBURY | 0 | 0 | 303,647 | 46,491 | 350,138 |
| WEST SPRINGFIELD | 17,723,986 | 0 | 3,868,315 | 592,279 | 4,460,594 |
| WEST STOCKBRIDGE | 0 | 0 | 104,945 | 16,068 | 121,013 |
| WEST TISBURY | 0 | 182,434 | 39,094 | 5,986 | 45,080 |
| WESTBOROUGH | 4,432,684 | 145,058 | 1,124,964 | 172,243 | 1,297,207 |
| WESTFIELD | 34,043,025 | 0 | 6,794,748 | 1,040,346 | 7,835,094 |
| WESTFORD | 15,630,525 | 895,514 | 1,517,187 | 232,297 | 1,749,484 |
| WESTHAMPTON | 420,422 | 0 | 156,403 | 23,947 | 180,350 |
| WESTMINSTER | 0 | 0 | 695,629 | 106,508 | 802,137 |
| WESTON | 2,608,444 | 0 | 403,737 | 61,816 | 465,553 |
| WESTPORT | 4,478,373 | 0 | 1,313,148 | 201,057 | 1,514,205 |
| WESTWOOD | 3,547,941 | 36,263 | 755,991 | 115,750 | 871,741 |
| WEYMOUTH | 24,326,465 | 2,424,084 | 7,309,208 | 1,119,115 | 8,428,323 |
| WHATELY | 246,385 | 0 | 144,850 | 22,178 | 167,028 |
| WHITMAN | 119,435 | 0 | 2,260,011 | 346,031 | 2,606,042 |
| WILBRAHAM | 0 | 0 | 1,448,849 | 221,834 | 1,670,683 |
| WILLIAMSBURG | 432,416 | 0 | 326,774 | 50,033 | 376,807 |
| WILLIAMSTOWN | 965,143 | 0 | 1,030,496 | 157,779 | 1,188,275 |
| WILMINGTON | 9,957,492 | 1,254,452 | 1,595,997 | 244,363 | 1,840,360 |
| WINCHENDON | 10,861,118 | 25,366 | 1,793,833 | 274,654 | 2,068,487 |
| WINCHESTER | 5,209,589 | 344,404 | 1,298,293 | 198,782 | 1,497,075 |
| WINDSOR | 50,341 | 28,020 | 82,451 | 12,624 | 95,075 |
| WINTHROP | 5,184,551 | 2,287,531 | 2,566,405 | 392,943 | 2,959,348 |
| WOBURN | 6,708,151 | 3,586,952 | 3,351,079 | 513,085 | 3,864,164 |
| WORCESTER | 180,493,947 | 11,809,090 | 34,612,898 | 5,299,590 | 39,912,488 |
| WORTHINGTON | 72,731 | 0 | 135,577 | 20,758 | 156,335 |
| WRENTHAM | 3,814,719 | 0 | 1,006,293 | 154,074 | 1,160,367 |
| YARMOUTH | 2,607 | 0 | 1,362,759 | 208,652 | 1,571,411 |
| Regional Total | 640,333,651 | 378,517,988 | 810,875,000 | 124,153,283 | 935,028,283 |
| Total | 3,948,824,061 |
Regional School |
7061-0008 Chapter 70 |
|---|---|
ACTON BOXBOROUGH |
6,852,830 |
ADAMS CHESHIRE |
10,464,212 |
AMHERST PELHAM |
9,883,632 |
ASHBURNHAM WESTMINSTER |
10,333,667 |
ASSABET VALLEY |
2,994,328 |
ATHOL ROYALSTON |
18,293,920 |
BERKSHIRE HILLS |
2,864,582 |
BERLIN BOYLSTON |
939,819 |
BLACKSTONE MILLVILLE |
11,330,629 |
BLACKSTONE VALLEY |
7,222,279 |
BLUE HILLS |
4,117,441 |
BRIDGEWATER RAYNHAM |
21,612,939 |
BRISTOL COUNTY |
3,078,101 |
BRISTOL PLYMOUTH |
9,326,406 |
CAPE COD |
2,178,249 |
CENTRAL BERKSHIRE |
8,930,319 |
CHESTERFIELD GOSHEN |
772,802 |
CONCORD CARLISLE |
1,925,396 |
DENNIS YARMOUTH |
6,902,694 |
DIGHTON REHOBOTH |
13,142,953 |
DOVER SHERBORN |
1,465,508 |
DUDLEY CHARLTON |
24,412,589 |
ESSEX COUNTY |
4,314,850 |
FARMINGTON RIVER |
414,256 |
FRANKLIN COUNTY |
3,523,598 |
FREETOWN LAKEVILLE |
7,565,074 |
FRONTIER |
2,915,581 |
GATEWAY |
5,986,331 |
GILL MONTAGUE |
6,433,023 |
GREATER FALL RIVER |
14,555,488 |
GREATER LAWRENCE |
21,416,909 |
GREATER LOWELL |
21,032,322 |
GREATER NEW BEDFORD |
22,190,981 |
GROTON DUNSTABLE |
11,080,035 |
HAMILTON WENHAM |
3,506,180 |
HAMPDEN WILBRAHAM |
11,749,844 |
HAMPSHIRE |
3,066,174 |
HAWLEMONT |
650,788 |
KING PHILIP |
7,572,964 |
LINCOLN SUDBURY |
2,522,250 |
MANCHESTER ESSEX |
1,718,411 |
MARTHAS VINEYARD |
2,901,535 |
MASCONOMET |
5,052,267 |
MENDON UPTON |
12,546,934 |
MINUTEMAN |
2,295,103 |
MOHAWK TRAIL |
6,262,133 |
MONTACHUSETT |
12,300,386 |
MOUNT GREYLOCK |
1,776,889 |
NARRAGANSETT |
10,356,119 |
NASHOBA |
6,605,746 |
NASHOBA VALLEY |
2,903,060 |
NAUSET |
3,453,823 |
NEW SALEM WENDELL |
669,769 |
NORFOLK COUNTY |
1,024,400 |
NORTH MIDDLESEX |
21,025,248 |
NORTH SHORE |
1,649,764 |
NORTHAMPTON SMITH |
954,661 |
NORTHBORO SOUTHBORO |
2,920,581 |
NORTHEAST METROPOLITAN |
7,766,451 |
NORTHERN BERKSHIRE |
4,393,857 |
OLD COLONY |
3,383,947 |
OLD ROCHESTER |
2,112,657 |
PATHFINDER |
5,113,578 |
PENTUCKET |
13,496,924 |
PIONEER |
4,281,429 |
QUABBIN |
17,325,703 |
QUABOAG |
8,505,385 |
RALPH C MAHAR |
5,664,360 |
SHAWSHEEN VALLEY |
5,485,056 |
SILVER LAKE |
6,954,999 |
SOUTH MIDDLESEX |
2,600,949 |
SOUTH SHORE |
3,734,822 |
SOUTHEASTERN |
12,045,030 |
SOUTHERN BERKSHIRE |
1,939,087 |
SOUTHERN WORCESTER |
9,238,460 |
SOUTHWICK TOLLAND |
8,380,674 |
SPENCER EAST BROOKFIELD |
14,268,534 |
TANTASQUA |
8,066,079 |
TRI COUNTY |
5,427,668 |
TRITON |
8,743,809 |
UPISLAND |
842,524 |
UPPER CAPE COD |
3,070,139 |
WACHUSETT |
21,928,787 |
WHITMAN HANSON |
23,979,759 |
WHITTIER |
5,624,212 |
Regional Total |
640,333,651 |
SECTION 4. Section 35X of chapter 10 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 22 to 24, inclusive, the words “and that total not more than 20 per cent of the department's expenditures related to health board licensing for the previous fiscal year”.
SECTION 5. Said section 35X of said chapter 10, as so appearing, is hereby further amended by adding the following subsection:-
(d) Notwithstanding any general or special law to the contrary, the total amount of any new fee and any increase in the fee in effect after the fee increases authorized pursuant to subsection (c) for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, adopted by the secretary of administration and finance, following a public hearing, shall be deposited in the fund.
SECTION 6. Section 35CC of said chapter 10, as appearing in the 2006 Official Edition, is hereby amended by the inserting after the word “purposes” , in line 12, the following words:- and for expenses related to the administration of the fund; provided, however, that said administrative expenses shall not exceed $75,000 annually.
SECTION 7. Said chapter 10 is hereby further amended by inserting after section 69A, inserted by section 7 of chapter 86 of the acts of 2008, the following section:-
Section 69B. (a) There shall be set up on the books of the commonwealth a separate fund to be known as the Endowment Incentive Holding Fund to be used, without appropriation, for purposes outlined in section 15E of chapter 15A. The board of higher education shall administer the fund and shall be its trustee. No monies deposited into this holding fund that are unexpended at the end of the fiscal year shall revert to the General Fund. No expenditure from said fund shall cause said fund to be in a deficiency at the close of a fiscal year.
The Governor disapproved the following section and returned with an amendment, see House, No 4958
SECTION 8. Section 6 of chapter 14 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:-
8. Shall prepare and submit to the governor and the general court a bimonthly report containing the preliminary tax revenue collected. Said report shall be submitted to the governor, the chair and ranking member of the house committee on ways and means and the chair and ranking member of the senate committee on ways and means on or by the first day in each month and the fifteenth day in each month.
SECTION 9. Section 1 of chapter 19B of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services.
SECTION 10. Chapter 29 of the General Laws
is hereby amended by inserting after section 2
Section 2
The Governor disapproved the following section and returned with an amendment, see House, No 4959
SECTION 11. Section
22C of chapter 32 of the General Laws, as so appearing, is hereby amended by
striking out, in line 29, the words “as of June thirtieth, two thousand and 23”
and inserting in place thereof the following:- on
The Governor disapproved the following section and returned with an amendment, see House, No 4959
SECTION 12. Section 102 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 32, 36 and 43, the figure “$12,000” and inserting in place thereof, in each instance, the following figure:- $16,000.
SECTION 13. Section 8 of chapter 44B of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Except as otherwise provided, the fees of the registers of deeds to be paid when a document or instrument is recorded shall be subject to a surcharge of $20; provided, however, that if the document or instrument to be filed includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $20 surcharge. The fee for recording a municipal lien certificate shall be subject to a surcharge of $10; provided, however, that if the certificate includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $10 surcharge. The surcharges imposed shall be used for community preservation purposes. No surcharge shall apply to a declaration of homestead under chapter 188. No surcharge shall apply to the fees charged for additional pages, photostatic copies, abstract cards or additional square feet for the recording of plans.
SECTION 14. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 991, the words “forty thousand dollars” and inserting in place thereof the following words:- the amount of income determined by the commissioner of revenue for the purposes of subsection (k) of section 6 of chapter 62, for a single person who is not a head of household.
SECTION 15. Section 15 of chapter 60 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “five dollars” and inserting in place thereof the following words:- not more than $30.
SECTION 16. Section 1 of chapter 60A of the General Laws, as so appearing, is hereby amended by inserting after the seventh paragraph the following 2 paragraphs:-
In any city or town accepting the provisions of this paragraph, the excise imposed by this chapter shall not apply to a motor vehicle owned and registered by a resident who is in active and full-time military service as a member in the armed forces of the United States or the national guard, army or air, of any state, and has been deployed or stationed outside the territorial boundaries of the continental United States for a period of at least 45 days in the calendar year of the exemption. If the military member is wounded or killed in an armed conflict, he shall not be subject to the foregoing period of service qualification for the calendar year in which he is wounded or killed. This exemption shall apply only to a motor vehicle owned and registered by a military member in his own name or jointly with a spouse for a non-commercial purpose and a military member may qualify for this exemption for only 1 motor vehicle for each calendar year. A municipality which accepts the provisions of this paragraph shall, in connection with the issuance of warrant to collect unpaid motor vehicle or trailer excise tax from a delinquent taxpayer, add $3 to the fee prescribed in clause 9 of section 15 of chapter 60. The acceptance by a municipality of this paragraph shall take effect on the first day of January next occurring after the approval by the municipality to accept this paragraph.
A person who qualifies for any calendar year for exemption from the excise imposed by this section on a motor vehicle owned and registered by him shall be entitled to the exemption upon application to the assessors for that year as provided in section 2 for the procedure of an owner aggrieved by the excise assessed. An application for exemption may be made by such person; his spouse, if the motor vehicle is jointly owned and registered in the names of the person and spouse; or, if the person is deceased, a surviving spouse, administrator, executor or trustee of the estate, will or trust, as the case may be.
SECTION 17. Said chapter 60A is hereby further amended by adding the following section:-
Section 9. In any city or town accepting the provisions of this section and notwithstanding any other provision of this chapter to the contrary, any excise due under this chapter by a member of the Massachusetts National Guard or reservist or a dependent of a member of the Massachusetts National Guard or reservist shall be deferred while that member is on active service outside the commonwealth and for a period of up to 180 days after completion of that service. No interest or penalties shall be assessed for any period before the expiration of the 180 days.
The Governor disapproved the following language as indicated.
SECTION 18. Section
6 of chapter 62 of the General Laws, as appearing in the 2006 Official Edition,
is hereby amended by striking out, in line 191, the word “five” and inserting
in place thereof the following figure:- 6.
SECTION 19. Section 2 of chapter 62B of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-
The commissioner may, if he deems such action necessary for the protection of the revenue of the commonwealth, require persons other than employers: (1) to deduct and withhold taxes from payments made by such persons to residents, nonresidents and part-year residents of the commonwealth or, in the case of S corporations or entities treated as partnerships, from the distributive shares of income of such persons attributable to their shareholders or members; (2) to file withholding returns as prescribed by the commissioner; and (3) to pay over to the commissioner, or to a depositary designated by the commissioner, the taxes so required to be deducted and withheld; provided, however, that nothing in this paragraph shall authorize the commissioner to require any corporation, foundation, organization or institution that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code, as amended and in effect for the taxable year, to withhold taxes from persons who are not employees, except where the payments made by the exempt person for a particular performance or other event exceed $10,000. Any person other than an employer required to withhold and deduct taxes under this paragraph shall be treated as an employer for purposes of sections 5 through 12.
SECTION 20. Section 16 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-
(c½) Every licensee under section 7B of chapter 64C shall, on or before the twentieth day of each calendar month or on or before the twentieth day of the month following each calendar quarter, as the commissioner shall require, file with the commissioner a return for each place of business maintained, stating the quantity of cigars and smoking tobacco sold by such licensee in the commonwealth during the preceding calendar month or quarter, as the case may be, and such return shall contain or be accompanied by such further information as the commissioner shall require. If a licensee ceases to sell cigars and smoking tobacco within the commonwealth, he shall immediately file with the commissioner a return for the period ending with such cessation.
SECTION 21. Section 33 of said chapter 62C, as so appearing, is hereby amended by striking out, in lines 11 and 19, the words “one-half of”.
SECTION 22. Section 47A of said chapter 62C, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following 2 subsections:-
(d) If the commissioner determines from the information furnished pursuant to this section, or otherwise, that any person who holds a license or certificate of authority issued by any such agency or who has agreed to furnish goods, services or real estate space to any such agency has neglected or refused to file any returns or to pay any tax required under this chapter and that such person has not filed in good faith a pending application for abatement of such tax or a pending petition before the appellate tax board contesting such tax or entered a payment agreement with which the taxpayer is fully compliant, or has been penalized pursuant to section 9 of chapter 62E for failure to comply with said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with said chapter 119A relating to withholding and remitting child support, the commissioner shall notify such agency and such person in writing. Upon the written request of the commissioner, the agency, department, board, commission, division, authority, district or other agency of the commonwealth, shall promptly revoke or suspend that license or certificate of authority. Any license or certificate of authority suspended or revoked under this section shall not be reissued or renewed until the agency receives a certificate issued by the commissioner that the licensee is in good standing with respect to all returns due and taxes payable to the commissioner as of the date of issuance of the certificate, including all taxes and returns referenced in the initial notification or, if the licensee has been penalized for failure to comply with the provisions relating to reporting of employees and contractors under said chapter 62E or withholding and remitting child support under said chapter 119A, a certificate issued by the commissioner that the licensee is in compliance with those provisions.
(e) Where a license revocation, suspension or nonrenewal is based upon nonpayment of an assessed tax administered under this chapter, the licensee's sole right of appeal and to a hearing shall be pursuant to and within the time limitations of this chapter. The commissioner shall give the licensee not less than 30 days notice of any proposed action, during which time the licensee may enter into a payment agreement with the commissioner or may file a good faith abatement application within the time periods determined under section 37. Such an abatement application shall stay a proposed license revocation, suspension, or nonrenewal until the amount of disputed tax due is finally determined. A licensee who is beyond the time limitations in said section 37 but who disputes that he is liable for the assessment and is unable to resolve that issue with the commissioner during the 30-day period may appeal the proposed revocation, suspension or nonrenewal by filing a civil action under section 14 of chapter 30A. The scope of the appeal shall be limited to assertions of mistake or verification of payments made and shall not include determination or redetermination of the proper amount of tax assessed or any other issues appropriately raised through a timely filed abatement under said section 37. Any stay of the proposed revocation, suspension or nonrenewal pending resolution of the appeal shall be within the discretion of the court.
SECTION 23. Said chapter 62C is hereby further amended by inserting after said section 47A the following section:-
Section 47B. (a) If the commissioner determines that any person who holds a driver’s license, learner’s permit, right to operate a motor vehicle or certificate of motor vehicle registration has neglected or refused to file any returns or to pay any tax required under this chapter and that the person has not filed in good faith a pending application for abatement of such tax or a pending petition before the appellate tax board contesting such tax or entered a payment agreement with which the taxpayer is fully compliant, the commissioner shall notify the person in writing and the registry of motor vehicles of that determination. Upon receipt of notice from the commissioner, the registrar shall promptly suspend or revoke, or prohibit issuance or renewal, of the license, learner’s permit, right to operate a motor vehicle or certificate of motor vehicle registration of the taxpayer. A license, learner’s permit, right to operate a motor vehicle or certificate of motor vehicle registration suspended or revoked under this section shall not be issued, reissued or renewed until the registry receives a certificate from the commissioner stating that the taxpayer is in good standing with respect to all returns due and taxes payable to the commissioner as of the date of issuance of the certificate, including all taxes and returns referenced in the initial notice.
(b) Where a revocation, suspension or nonrenewal of a license, permit, right to operate or certificate of motor vehicle registration is based upon nonpayment of an assessed tax administered under this chapter, the sole right of appeal and to a hearing shall be pursuant to and within the time limitations of this chapter and not pursuant to chapter 30A. The commissioner shall give the taxpayer not less than 30 days notice of any such proposed action, during which time the taxpayer may enter into a payment agreement with the commissioner or file a good faith abatement application within the time periods determined under section 37. Filing of an abatement application shall stay the proposed revocation, suspension or nonrenewal of a license, permit, right to operate or certificate of motor vehicle registration until the amount of disputed tax due is finally determined. The taxpayer subject to a proposed revocation, suspension or nonrenewal of a license, permit, right to operate or certificate of motor vehicle registration, who is beyond the time limitations in said section 37 but who disputes that he is liable for the assessment and is unable to resolve that issue with the commissioner during the 30-day period, may appeal the proposed revocation, suspension or nonrenewal by filing a civil action as provided in section 14 of chapter 30A. The scope of the appeal shall be limited to assertions of mistake or verification of payments made and shall not include determination or redetermination of the proper amount of tax assessed or any other issues appropriately raised through a timely-filed abatement under said section 37. Any stay of the proposed revocation, suspension or nonrenewal pending resolution of an appeal shall be within the discretion of the court.
SECTION 24. Section 49A of said chapter 62C, as so appearing, is hereby amended by adding the following subsection:-
(f) Where the revocation, suspension or nonrenewal of a license, permit, right to operate or certificate of motor vehicle registration is based upon nonpayment of an assessed tax administered under this chapter, the sole right of appeal and to a hearing shall be pursuant to and within the time limitations of this chapter. The commissioner shall give the taxpayer not less than 30 days notice of any proposed action, during which the taxpayer may enter into a payment agreement with the commissioner or file a good faith abatement application within the time periods determined under section 37. The filing of an abatement application shall stay the proposed revocation, suspension or nonrenewal of a license, permit, right to operate or certificate of motor vehicle registration until the amount of disputed tax due is finally determined. The taxpayer subject to a proposed revocation, suspension or nonrenewal of a license, permit, right to operate or certificate of motor vehicle registration, who is beyond the time limitations in said section 37 but who disputes that he is liable for the assessment and is unable to resolve that issue with the commissioner during the 30-day period, may appeal the proposed revocation, suspension or nonrenewal by filing a civil action as provided in section 14 of chapter 30A. The scope of the appeal shall be limited to assertions of mistake or verification of payments made and shall not include determination or redetermination of the proper amount of tax assessed or any other issues appropriately raised through a timely-filed abatement under said section 37. Any stay of the proposed revocation, suspension or nonrenewal pending resolution of this appeal shall be within the discretion of the court.
SECTION 25. Section 50 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 22, the words “Notwithstanding section 65, the” and inserting in place thereof the following word:- The.
SECTION 26. Section 65 of said chapter 62C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Taxes shall be collected: (i) within 10 years after the assessment of the tax; (ii) within any further period after that 10-year period during which the taxes remain unpaid but only against any real or personal property of the taxpayer to which a tax lien has attached and for which a notice of lien has been filed or recorded under section 50 in favor of the commonwealth in accordance with applicable state or federal law within 10 years after the assessment of the tax; (iii) before the expiration of any period of collection agreed upon in writing by the commissioner and the taxpayer before the expiration of that 10-year period; or (iv) if there is a release of levy under section 64 after that 10-year period, then before that release. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. When any question relative to such taxes is pending before any agency or court at the end of that 10-year period, the commissioner's right to collect any tax due shall continue until 1 year after the final determination of that question.
SECTION 27. Section 67 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 7, the words “or retailer” and inserting in place thereof the following words:- retailer, cigar distributor or cigar retailer.
SECTION 28. Said section 67 of said chapter 62C, as so appearing, is hereby further amended by striking out, in line 21, the words “or retailer” and inserting in place thereof the following words:- retailer, cigar distributor or cigar retailer.
SECTION 29. Said section 67 of said chapter 62C of the General Laws, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
All licenses, other than licenses for retailers and cigar retailers as defined in chapter 64C, shall expire annually on a date prescribed by the commissioner. Licenses for retailers and cigar retailers shall expire every other year on a date prescribed by the commissioner. The commissioner may provide for combined forms of licenses and license applications.
SECTION 30. Said section 67 of said chapter 62C, as so appearing, is hereby further amended by striking out, in line 48, the words “and retailers” and inserting in place thereof the following words:- , retailers, cigar distributors and cigar retailers.
SECTION 31. Said section 67 of said chapter 62C, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-
The secretary of administration and finance shall annually determine the fees for licenses and renewals thereof under section 3B of chapter 7 in the following categories: distributors; unclassified importers; unclassified exporters; manufacturers; wholesalers; vending machine operators; unclassified acquirers; transportation companies; retailers; cigar distributors; cigar retailers; user-sellers; suppliers; users of special fuels; and motor carriers or their vehicles; provided, however, that in case of a manufacturer, wholesaler, cigar distributor or vending machine operator who maintains more than 1 place of business, the fee for each additional place of business shall be one-half of the above determined fee. No fee or part thereof, shall be refunded by reason of relinquishment, suspension or revocation of a license.
SECTION 32. Section 1 of chapter 62D of the General Laws, as so appearing, is hereby amended by inserting after the word “assistance,”, in line 4, as so appearing, the following words:- , the executive office of health and human services.
SECTION 33. Said section 1 of said chapter 62D, as so appearing, is hereby further amended by inserting after the word “debtor”, in line 17, the following words:- ; an amount owed to the executive office of health and human services by a debtor.
SECTION 34. Said section 1 of said chapter 62D is hereby further amended by striking out, in lines 57 to 61, inclusive, as so appearing, the words “for costs incurred as a result of noncompliance by that individual with an order to provide coverage for the cost of health services to a child eligible for assistance under Title XIX of the Social Security Act, as further described in section 23 of chapter 118E;” and inserting in place thereof the following words:- or the executive office of health and human services;.
SECTION 35. Section 1 of chapter 64C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 50, the words “and (2)” and inserting in place thereof the following words:- , (2) little cigars, which shall mean rolls of tobacco wrapped in leaf tobacco or any substance containing tobacco and as to which 1,000 units weigh not more than 3 pounds, and (3).
SECTION 36. Said section 1 of said chapter 64C, as so appearing, is hereby further amended by inserting after the word “meaning”, in line 56, the following words:- , without limitation, little cigars and.
SECTION 37. Section 6 of said chapter 64C, as so appearing, is hereby amended by striking out the last paragraph.
SECTION 38. Said chapter 64C is hereby further amended by striking out section 7B, as so appearing, and inserting in place thereof the following section:-
Section 7B. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Cigar”, any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco; provided, however, that “cigar” shall not include any roll of tobacco that is a cigarette as defined in section 1.
“Cigar distributor”, (i) any person who imports, or causes to be imported, into the commonwealth cigars or smoking tobacco for sale or who manufactures cigars or smoking tobacco in the commonwealth, and (ii) any person within or without the commonwealth who is authorized by the commissioner to make returns and pay the excise on cigars and smoking tobacco sold, shipped or delivered by him to any person in the commonwealth.
“Cigar retailer”, any person who sells or furnishes cigars or smoking tobacco in small quantities to consumers for individual use; provided, however, said cigars or smoking tobacco shall not be used for the purpose of resale.
“Person”, a natural person, corporation, association, partnership or other legal entity.
“Smoking tobacco”, roll-your-own tobacco and pipe tobacco and other kinds and forms of tobacco suitable for smoking.
“Taxed cigars and smoking tobacco”, cigars and smoking tobacco upon which the excise has been paid in full by the date on which payment is due, and with respect to which the return has been completed, signed and filed with the commissioner by the date on which the return is due, in accordance with this section and with section 16 of chapter 62C.
“Untaxed cigars and smoking tobacco”, cigars and smoking tobacco upon which the excise has not been paid in full by the date on which payment is due, or with respect to which the return has not been completed, signed and filed with the commissioner by the date on which the return is due, in accordance with this section and with section 16 of chapter 62C.
“Wholesale price”, (i) in the case of a manufacturer of cigars and smoking tobacco, the price set for such products or, if no price has been set, the wholesale value of these products; (ii) in the case of a cigar distributor who is not a manufacturer of cigars or smoking tobacco, the price at which the cigar distributor purchased these products; or (iii) in the case of a cigar retailer or a consumer, the price at which he purchased these products.
(b) An
excise shall be imposed on all cigars and smoking tobacco held in the
commonwealth at the rate of 30 per cent of the wholesale price of such
products. This excise shall be imposed on cigar distributors at the time cigars
or smoking tobacco are manufactured, purchased, imported, received or acquired
in the commonwealth. This excise shall not be imposed on any cigars or tobacco
products that (i) are exported from the commonwealth; or (ii) are not subject
to taxation by the commonwealth pursuant to any law of the
(c) Every cigar retailer shall be liable for the collection of the excise on all cigars or smoking tobacco in his possession at any time, upon which the excise has not been paid by a cigar distributor, and the failure of any cigar retailer to produce or exhibit to the commissioner or his authorized representative, upon demand, an invoice by a cigar distributor for any cigars or smoking tobacco in his possession, shall be presumptive evidence that the excise thereon has not been paid and that such cigar retailer is liable for the collection of the excise thereon.
(d) The amount of the excise advanced and paid by a cigar distributor or cigar retailer, as provided in this section, shall be added to and collected as part of, the sales price of the cigars or smoking tobacco.
(e)(1) A cigar distributor shall be liable for the payment of the excise on cigars and smoking tobacco that he imports or causes to be imported into the commonwealth or that he manufactures in the commonwealth, and every cigar distributor authorized by the commissioner to make returns and pay the excise on cigars or smoking tobacco sold, shipped or delivered by him to any person in the commonwealth shall be liable for the collection and payment of the excise on all cigars and smoking tobacco sold, shipped or delivered.
(2) Every person who does not acquire untaxed cigars or smoking tobacco, but acquires taxed cigars and smoking tobacco for sale at retail, shall not be licensed as a cigar distributor under this section, but shall be required, during the period that such person is a retailer of taxed cigars or smoking tobacco, to be licensed as a cigar retailer.
(f) A person outside the commonwealth who ships or transports cigars or smoking tobacco to cigar retailers in the commonwealth, to be sold by those cigar retailers, may apply for a license as a nonresident cigar distributor and, if the commissioner issues such a license to him, he shall thereafter be subject to all the provisions of this section and be entitled to act as a cigar distributor, provided he files proof with his application that he has appointed the state secretary as his agent for service of process relating to any matter or issue arising under this section. Such a nonresident person shall also agree to submit his books, accounts and records for examination in the commonwealth during reasonable business hours by the commissioner or his authorized representative.
(g) Every resident of the commonwealth shall be liable for the collection of the excise on all cigars or smoking tobacco in his possession at any time, upon which the excise has not been paid by a cigar distributor or cigar retailer, and the failure of any such consumer to produce or exhibit to the commissioner or his authorized representative, upon demand, an invoice or sales receipt by a cigar distributor or cigar retailer for any cigars or smoking tobacco in his possession, shall be presumptive evidence that the excise thereon has not been paid and that such consumer is liable for the collection of the excise thereon.
(h) No person shall act as a cigar distributor or cigar retailer in the commonwealth unless licensed to do so in accordance with section 67 of chapter 62C. If a cigar distributor or cigar retailer acts in more than 1 of said capacities at any 1 place of business, he shall procure a license for every capacity in which he acts, unless, upon application to the commissioner, the commissioner determines otherwise. Each license so issued or a duplicate copy thereof shall be prominently displayed on the premises covered by the license.
(i) Except as this section expressly provides to the contrary, the provisions of this chapter and of chapter 62C relative to the assessment, collection, payment, abatement, verification and administration of taxes, including penalties, shall so far as pertinent, apply to the excise tax imposed by this section.
(j) For the purposes of section 5, cigars and smoking tobacco shall be tobacco products, cigar distributors shall be wholesalers and cigar retailers shall be retailers.
(k) For the purposes of section 8, untaxed cigars and smoking tobacco found in the commonwealth shall be cigarettes, which have not been returned and are not returnable under section 16 of chapter 62C or section 6 as the context requires.
(l)(1) Any person who sells, offers for sale or possesses with intent to sell any cigars or smoking tobacco or otherwise acts as a cigar distributor or cigar retailer without being licensed so to do, shall, in addition to any other penalty provided by this chapter or chapter 62C, be subject to a civil penalty of not more than $5,000 for the first offense and not more than $25,000 for each subsequent offense. Any person who knowingly purchases or possesses any cigars or smoking tobacco not manufactured, purchased or imported by a licensed cigar distributor or licensed cigar retailer shall, in addition to any other penalty provided by this chapter or chapter 62C, be subject to a civil penalty of not more than $5,000 for the first offense and not more than $25,000 for each subsequent offense.
No person, either as principal or agent, shall sell or solicit orders for cigars or smoking tobacco to be shipped, mailed or otherwise sent or brought into the commonwealth to any person not a licensed cigar distributor or licensed cigar retailer, unless the same is to be sold to or through a licensed cigar distributor or licensed cigar retailer. Any person who knowingly violates this provision shall, in addition to any other penalty provided by this chapter or chapter 62C, be subject to a civil penalty of not more than $5,000 for the first offense and not more than $25,000 for each subsequent offense.
It shall be presumed that the cigars and smoking tobacco are subject to the excise until the contrary is established and the burden of proof that they are not shall be upon the person on whose premises the cigars or smoking tobacco were found.
(2) Any person who knowingly has in his possession a shipping case or other container of cigars or smoking tobacco not bearing the name and address of the person receiving the cigars or smoking tobacco from a manufacturer or such other markings as the commissioner may prescribe and any person knowingly in possession of such a shipping case or other container of cigars or smoking tobacco from which this name and address has been erased or defaced shall, in addition to any other penalty provided by this chapter or chapter 62C, be subject to a civil penalty of not more than $5,000 for the first offense or not more than $25,000 for each subsequent offense.
(3) Any person who files any false return, affidavit, or statement, or who violates any provision of this section for which no other penalty has been provided shall, in addition to any other penalty provided by this chapter or chapter 62C, be subject to a civil penalty of not more than $5,000 for the first offense and not more than $25,000 for each subsequent offense.
(4) Whenever the commissioner or a police officer discovers, in the possession of any person not being a licensed cigar distributor or one authorized by the commissioner, any untaxed cigars or smoking tobacco, he may seize and take possession of those cigars and smoking tobacco, together with any vending machine or other receptacle, which shall include, without limitation, a motor vehicle, boat or airplane, in which they are contained or in which they are transported. Such cigars, smoking tobacco, vending machine or other receptacle seized by a police officer shall be turned over to the commissioner and shall be forfeited to the commonwealth. The commissioner shall destroy such cigars or smoking tobacco and shall destroy or otherwise dispose of such vending machine or other receptacle. The commissioner may, within a reasonable time after the seizure, by a public notice at least 5 days before the day of sale, sell the vending machine or other receptacle at public sale and deposit the proceeds in the General Fund.
(5) The state police and all local police authorities may, and at the request of the commissioner or his duly authorized agent shall, enforce this section. Each violation of this section shall be a separate offense.
SECTION 39. Said chapter 64C is hereby further amended by striking out section 38A, as so appearing, and inserting in place thereof the following section:-
Section 38A. Whenever the commissioner or a police officer discovers, in the possession of any person not being a stamper, licensed transportation company or one authorized by the commissioner, any cigarettes subject to tax under this chapter that do not have affixed to them the required Massachusetts stamps showing the payment of excise, or any smokeless tobacco on which tax has not been paid, he may seize and take possession of those cigarettes or smokeless tobacco, together with any vending machine or other receptacle, which shall include, without limitation, a motor vehicle, boat or airplane, in which the cigarettes or smokeless tobacco are contained or in which they are transported. The cigarettes, smokeless tobacco, vending machine or other receptacle seized by a police officer shall be turned over to the commissioner and shall be forfeited to the commonwealth. The commissioner shall destroy such cigarettes and smokeless tobacco and shall destroy or otherwise dispose of such vending machine or other receptacle. The commissioner may, within a reasonable time after the seizure, by a public notice at least 5 days before the day of sale, sell the vending machine or other receptacle at public sale and deposit the proceeds in the General Fund.
SECTION 40. Chapter 64H is hereby further amended by inserting after section 3 the following section:-
Section 3A. (a) Every manufacturer, wholesaler or unclassified acquirer, as defined in chapter 64C, doing business in the commonwealth, or any other person doing business in the commonwealth, selling tobacco products, including cigarettes, cigars, smokeless tobacco and smoking tobacco, to others for resale in the commonwealth, shall pay, as a prepayment for the tax imposed by this chapter, a tax on tobacco products that will be held for retail sale in the commonwealth. The tax shall be computed on each sale of tobacco products by multiplying the tax rate set by this chapter by the wholesale sales price at which such manufacturer, wholesaler, unclassified acquirer or other person sells the tobacco products. The tax imposed by this section shall be paid at the same time and in the same manner as the tax imposed by section 2. Any manufacturer, wholesaler, unclassified acquirer or other person prepaying the tax shall, with respect to such prepayment, be a vendor for purposes of section 1 of this chapter and section 16 of chapter 62C, shall file returns and pay over tax accordingly, and shall separately state on each customer invoice or other written record, as prescribed by the commissioner, the amount of prepaid sales tax charged. This section shall not apply to manufacturers and unclassified acquirers to the extent that said manufacturers and unclassified acquirers distribute such product through a licensed wholesaler or unclassified acquirer.
(b) Every person selling tobacco products at retail in the commonwealth who is required to pay the tax imposed by this chapter shall be allowed a credit in the amount of the prepayment against the total amount of tax it is required to pay over to the commissioner under this chapter. Every such person must maintain invoices and other records substantiating the amount of tax prepaid.
(c) Chapter 64I shall apply to the extent that the tax under this section is not paid over to the commissioner by any of the persons mentioned in subsection (a) or (b). All taxes imposed by this section shall be presumed to be a direct tax on the retail consumer, pre-collected for the purpose of convenience and facility only.
(d) The commissioner may adopt regulations to implement this section, which regulations shall include a provision to prevent the payment of tax by more than 1 taxpayer.
SECTION 41. Paragraph (p) of section 6 of said chapter 64H, as appearing in the 2006 Official Edition, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
(3) sales of fertilizer, including ground limestone, hydrated lime, seed inoculants and plant hormones, as well as other substances commonly regarded in the same category and for the same use, but not including any sales of pesticides, including insecticides, herbicides, fungicides, miticides and all materials registered with the Environmental Protection Agency as pesticides under the Federal Insecticide, Fungicide and Rodenticide Act and other pesticides commonly regarded in the same category and for the same purpose, except when purchased by a person licensed under chapter 132B or otherwise exempt under paragraph (r);.
SECTION 42. Section 33 of said chapter 64H, as so appearing, is hereby amended by adding the following sentence:- For the purposes of this section, a vendor shall include a person who has made a prepayment of tax under section 3A.
SECTION 43. Section 34 of chapter 64I of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following sentence:- For the purposes of this section, a vendor shall include a person who has made a prepayment of tax under section 3A of chapter 64H.
SECTION 44. Section 20 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 69, the figure “25” and inserting in place thereof the following figure:- 30.
SECTION 45. Section 24 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 16 and 763, the figure “125” and inserting in place thereof, in each instance, the following figure:- 150.
SECTION 46. Section 3 of chapter 109 of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 and 19, the word “thirty” and inserting in place thereof, in each instance, the following figure:- 60.
SECTION 47. Said chapter 109 is hereby further amended by inserting after section 4 the following section:-
Section 4A. (a) A limited partnership may change its resident agent or the street address of the resident agent by filing a certificate of change of agent or address with the state secretary. The statement shall contain the following information:
(1) the name of the limited partnership;
(2) the name and street address of its current resident agent;
(3) if the current resident agent is to be changed, the name and street address of the new resident agent and the new agent’s written consent, either on the statement or attached to it, to the appointment; and
(4) if the street address of the business office of the resident agent is to be changed, the new street address of the business office of the resident agent.
(b) If a resident agent changes the street address of his business office, he may change the street address of the business office of any limited partnership for which he is resident agent by notifying the limited partnership in writing of the change and signing, manually or by facsimile, and delivering to the state secretary for filing a statement of change that complies with the requirements of subsection (a) and recites that the limited partnership has been notified of the change. If the street address of more than 1 limited partnership is being changed at the same time, there may be included in a single certificate the names of all limited partnerships the street addresses of the business offices of which are being changed.
(c) Any resident may resign his agency appointment by signing and delivering to the state secretary a certificate of resignation. The resident agent shall furnish a copy of such statement to the limited partnership. The agency appointment shall be terminated on the thirty-first day following the date on which the statement was filed.
SECTION 48. Section 8 of said chapter 109, as so appearing, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
(3) the address of the office and the name and address of the agent for service of process required to be maintained by section 4; provided, however, that the agent’s written consent to the appointment as agent shall be either in the certificate or attached to it;.
SECTION 49. The second paragraph of section 49 of said chapter 109, as so appearing, is hereby amended by striking out clause (7) and inserting in place thereof the following clause:-
(7) the name and business address of its resident agent and the agent’s written consent, either on the certificate or attached to it, to his appointment as agent; and.
SECTION 50. Said chapter 109 is hereby further amended by striking out section 52 and inserting in place thereof the following section:-
Section 52. A foreign limited partnership doing business in the commonwealth shall appoint a resident agent as its true and lawful attorney upon whom all lawful process in any action or proceeding against the foreign limited partnership in the commonwealth may be served. Sections 15.07, 15.08 and 15.09 of chapter 156D relative to the appointment and qualifications of a resident agent shall be applicable to the appointment of a resident agent pursuant to this section.
SECTION 51. Said chapter 109 is hereby further amended by adding the following 4 sections:-
Section 63. (a) Each domestic or foreign limited partnership authorized to transact business in the commonwealth shall file an annual report with the state secretary on or before the anniversary date of the filing of the certificate of limited partnership. The annual report shall contain all information required to be included in the certificate of limited partnership.
(b) The fee for filing the annual report shall be $500 if the report is filed on paper or by facsimile. The fee for filing the annual report electronically shall be $450.
Section 64. (a) The state secretary may commence a proceeding to dissolve a limited partnership if:
(1) the limited partnership has failed for 2 consecutive years to comply with the laws requiring the filing of annual reports; or
(2) he is satisfied that the limited partnership has become inactive and its dissolution would be in the public interest.
(b) If the state secretary determines that grounds exist under subsection (a), he shall serve the limited partnership with written notice of his determination. The notice shall be sent to the address of the office in the commonwealth required by clause (1) of section 4. If, within 90 days after the notice, the limited partnership fails to correct each ground for dissolution or fails to demonstrate to the reasonable satisfaction of the state secretary that each ground determined by the state secretary does not exist, the state secretary shall administratively dissolve the limited partnership.
(c) A limited partnership administratively dissolved continues in existence but shall not carry on any business except that necessary to wind up and liquidate its affairs.
Section 65. (a) The state secretary may commence a proceeding to revoke the authority of a foreign limited partnership to transact business in the commonwealth if:
(1) the limited partnership has failed for 2 consecutive years to comply with the laws requiring the filing of annual reports; or
(2) he is satisfied that the revocation of the limited partnership’s authority to transact business in the commonwealth would be in the public interest.
(b) If the state secretary determines that grounds exist under subsection (a), he shall serve the limited partnership with written notice of his determination. The notice shall be sent to the address of the foreign limited partnership. If, within 90 days after the notice, the limited partnership fails to correct each ground for revocation or fails to demonstrate to the reasonable satisfaction of state secretary that each ground determined by the state secretary does not exist, the state secretary of state shall administratively revoke the authority of the foreign limited partnership to transact business in the commonwealth.
(c) The authority of the foreign limited partnership to transact business in the commonwealth shall cease on the date the state secretary makes such revocation effective.
Section 66. A limited partnership administratively dissolved under section 64 or whose authority to transact business in the commonwealth has been revoked under section 66 may apply to the state secretary for reinstatement at any time. The application for reinstatement shall:
(1) recite the name of the limited partnership and the effective date of its administrative dissolution or revocation;
(2) state that the grounds for dissolution or revocation either did not exist or have been corrected; and
(3) state that the name of the limited partnership satisfies the requirements of section 2; provided, however, that if the state secretary determines that the application contains the full and correct information, he shall reinstate the limited partnership.
SECTION 52. Subsection (f) of section 197B of chapter 111 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out paragraph (4) and inserting in place thereof the following 4 paragraphs:-
(4) In addition to any other penalties under this subsection, the director of labor may issue a written warning or a civil citation for violations of this section or regulations under this section. Subsections (c) to (i), inclusive, of section 6F1/2 of chapter 149 shall apply to these citations.
(5) In addition to the cease-work order authority under this section, whenever the department of labor has reason to believe that a person, firm, corporation or other entity is engaging in or is about to engage in a violation of section 197 or this section, or the regulations under those sections, it may bring an action in the name of the commonwealth against that person, firm, corporation or other entity to restrain the violation by temporary restraining order or preliminary or permanent injunction. Subsections (a) and (b) of said section 6F1/2 of chapter 149 shall apply to these actions.
(6) The director of labor may adopt regulations to carry out this section.
(7) Nothing in this section shall limit the authority of the department of labor and workforce development under chapter 149.
SECTION 53. Section 5 of chapter 111K of the General Laws, as so appearing, is hereby amended by striking out clause (h) and inserting in place thereof the following 2 clauses:-
(h) to authorize and make payment of all administrative costs, not to exceed 5 per cent of the monies transferred into the fund in a given fiscal year, related to the management of the program including, but not limited to, costs for staff to manage the program and coordinate the work assigned by the commission and materials development, printing, postage and telephone expenses; provided, however, that administrative costs shall not include staff costs related to case management services, including the evaluation and processing of applications; and
(i) to review and approve annual operating expenses.
SECTION 54. The first paragraph of section 46R of chapter 140 of the General Laws, as so appearing, is hereby amended by adding the following 3 sentences:- In addition to the penalties provided for in this paragraph, the commissioner may issue a written warning or a civil citation for violations of these sections. Subsections (c) to (i), inclusive, of section 6F½ of chapter 149 shall apply to these citations. The director of labor may adopt regulations for the issuance of the written warnings and citations and for the enforcement thereof.
SECTION 55. Chapter 149 of the General Laws is hereby amended by inserting after section 6F the following section:-
Section 6F½. (a)
In addition to the cease and desist authority granted in section 6E and the
criminal penalties provided for in section 6F, whenever the commissioner has
reason to believe that a person, firm, corporation or other entity is engaging
in or is about to engage in a violation of sections 6A to 6E, inclusive, or of
any regulations under said sections 6A to 6E, inclusive, he may bring an action
in the name of the commonwealth against such person, firm, corporation or other
entity to restrain the violation by temporary restraining order or preliminary
or permanent injunction. The action may be brought in the superior court of the
county in which such person, firm, corporation or other entity resides or has
his principal place of business, or the action may be brought in the superior
court of Suffolk county with the consent of the parties or if the person, firm,
corporation or other entity has no place of business within the commonwealth.
If more than 1 person, firm, corporation or other entity is joined as a
defendant, the action may be brought in the superior court of the county where
any 1 of defendants reside or has his principal place of business, or in
(b) Any person, firm, corporation or other entity that violates an injunction issued under this section shall be subject to a civil penalty of not more than $10,000 for each such violation; provided, further, that each day during which a person, firm, corporation or other entity fails to comply with sections 6A to 6E, inclusive, shall be considered a separate violation. For the purposes of this section, the court issuing such an injunction shall retain jurisdiction, and the case shall be continued, and in such case the department may petition for recovery of this civil penalty.
(c) In addition to the remedies under subsections (a) and (b), the commissioner may issue a written warning or a civil citation for violations of this chapter or regulations under this chapter. For each violation, a separate citation may be issued requiring any of the following: that the infraction be rectified or that a civil penalty of not more than $5,000 for each violation be paid to the commonwealth, within 21 days of the date after issuance of such citation.
(d) In determining the amount of each civil penalty, the department shall include, but not be limited to, the following considerations: the actual and potential impact on public health, safety and welfare and the environment of the failure to comply; whether the person, firm, corporation or other entity being assessed the civil penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance; whether the person, firm, corporation or other entity assessed the civil penalty has previously failed to comply with any regulation, order, license or approval issued or adopted by the department, or any law which the department has authority or responsibility to enforce; deterring future noncompliance; the financial condition of the person, firm, corporation or other entity being assessed the civil penalty; and the public interest.
(e) Notwithstanding this section, the maximum civil penalty that may be imposed upon any person, firm, corporation or other entity who has not previously been either criminally convicted of a violation of this chapter or issued a citation under this chapter, shall be not more than $2,500, except that in instances in which the commissioner determines that the person, firm, corporation or other entity lacked specific intent to violate this chapter, the maximum civil penalty for the person, firm, corporation or other entity that has not previously been either criminally convicted of a violation of this chapter or issued a citation under this chapter shall be not more than $1,000.
(f) Upon a failure to comply with the requirements set forth in a citation, the commissioner may order the cessation of all of the relevant activities of the person, firm, corporation or other entity, and shall, within 10 days after such order, schedule a hearing on the suspension or revocation of the license, under this chapter. Any license suspension or revocation under this section shall also apply to all affiliates of the person, firm, corporation or other entity as well as any successor company or corporation that the commissioner upon investigation, determines to not have a true independent existence apart from that of the violating person, firm, corporation or other entity.
(g) Any person, firm, corporation or other entity aggrieved by a citation or order issued pursuant to this section may appeal by filing a notice of appeal with the commissioner within 10 days after the receipt of the citation or order. Chapter 30A shall apply to such appeals.
(h) No officer of any corporation which has failed to pay a civil penalty under this section shall incorporate or serve as an officer of any corporation which did not have a legal existence as of the date that the penalty became due and payable to the commonwealth.
(i) The commissioner may adopt regulations to carry out this section.
SECTION 56. Section 4 of chapter 156C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 18 and 19, the word “thirty” and inserting in place thereof, in each instance, the following figure:- 60.
SECTION 57. Said chapter 156C is hereby further amended by inserting after section 5 the following section:-
Section 5A. (a) A limited liability company may change its resident agent or the street address of the resident agent by filing a certificate of change of agent or address with the state secretary. The statement shall contain the following information:
(1) the name of the limited liability company;
(2) the name and street address of its current resident agent;
(3) if the current resident agent is to be changed, the name and street address of the new resident agent and the new agent’s written consent, either on the statement or attached to it, to the appointment; and
(4) if the street address of the business office of the resident agent is to be changed, the new street address of the business office of the resident agent.
(b) If a resident agent changes the street address of his business office, he may change the street address of the business office of any limited liability company for which he is resident agent by notifying the limited liability company in writing of the change and signing, either manually or by facsimile, and delivering to the state secretary for filing a statement of change that complies with the requirements of subsection (a) and recites that the limited liability company has been notified of the change. If the street address of more than 1 limited liability company is being changed at the same time, there may be included in a single certificate the names of all limited liability companies the street addresses of the business offices of which are being changed.
(c) Any resident agent may resign his agency appointment by signing and delivering to the state secretary a certificate of resignation. The resident agent shall furnish a copy of such statement to the limited liability company. The agency appointment shall be terminated on the thirty-first day following the date on which the statement was filed.
SECTION 58. Section 12 of said chapter 156C, as so appearing, is hereby amended by striking clause (3) and inserting in place thereof the following clause:-
(3) the name and address of the resident agent for service of process required to be maintained by section 5; provided, however, that the agent’s written consent to the appointment shall be either in the certificate or attached to it;.
SECTION 59. Section 48 of said chapter 156C, as so appearing, is hereby amended by striking out clause (7) and inserting in place thereof the following clause:-
(7) the name and address of its resident agent and the agent’s written consent, either on the certificate or attached to it, to his appointment as agent;.
SECTION 60. Said chapter 156C is hereby further amended by striking out section 51 and inserting in place thereof the following section:-
Section 51. Each foreign limited liability company doing business in the commonwealth shall appoint a resident agent as its true and lawful attorney upon whom all lawful process in any action or proceeding against the foreign limited liability company in the commonwealth may be served. Sections 15.07, 15.08 and 15.09 of chapter 156D relative to the appointment and qualifications of a resident agent shall be applicable to the appointment of a resident agent pursuant to this section.
SECTION 61. Said chapter 156C is hereby further amended by adding the following 3 sections:-
Section 70. (a) The state secretary may commence a proceeding to dissolve a limited liability company if:
(1) the limited liability company has failed for 2 consecutive years to comply with the laws requiring the filing of annual reports; or
(2) he is satisfied that the limited liability company has become inactive and its dissolution would be in the public interest.
(b) If the state secretary determines that grounds exist under subsection (a), he shall serve the limited liability company with written notice of his determination. The notice shall be sent to the address of the office in the commonwealth required by clause (1) of section 5. If, within 90 days after the notice, the limited liability company fails to correct each ground for dissolution or demonstrates to the reasonable satisfaction of the state secretary that each ground determined by the state secretary does not exist, the state secretary shall administratively dissolve the limited liability company.
(c) A limited liability company administratively dissolved continues in existence, but shall not carry on any business except that necessary to wind up and liquidate its affairs.
Section 71. A limited liability company administratively dissolved under section 70 or whose authority to transact business in the commonwealth has been revoked under section 72 may apply to the state secretary for reinstatement at any time. The application shall:
(1) recite the name of the limited liability company and the effective date of its administrative dissolution or revocation;
(2) state that the grounds for dissolution or revocation either did not exist or have been corrected;
(3) state that the name of the limited liability company satisfies the requirements of section 3; provided, however, that if the state secretary determines that the application contains the full and correct information, he shall reinstate the limited liability company.
Section 72. (a) The state secretary may commence a proceeding to revoke the authority of a foreign limited liability company to transact business in the commonwealth if:
(1) the limited liability company has failed for 2 consecutive years to comply with the laws requiring the filing of annual reports; or
(2) he is satisfied that the revocation of the limited liability company’s authority to transact business in the commonwealth would be in the public interest.
(b) If the state secretary determines that grounds exist under subsection (a), he shall serve the limited liability company with written notice of his determination. The notice shall be sent to the address of the foreign limited liability company. If, within 90 days after the notice, the limited liability company fails to correct each ground for revocation or demonstrates to the reasonable satisfaction of the state secretary that each ground determined by the secretary of state does not exist, the state secretary shall administratively revoke the authority of the foreign limited liability company to transact business in the commonwealth.
(c) The authority of the foreign limited liability company to transact business in the commonwealth shall cease on the date on which the state secretary makes such revocation effective.
SECTION 62. Section 9 of chapter 161A of the General Laws, as so appearing, is hereby amended by inserting after the word “assessment”, in lines 25 and 26, the following words:- ; and provided further, that the amount credited shall be the most recently audited regional transit authority assessment available on January 1 of each year and shall be used to calculate the upcoming fiscal year's estimated cherry sheet assessments.
SECTION 63. The second paragraph of section 9 of chapter 161B of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Amounts assessed under this section shall be the most recently audited regional transit authority assessment available on January 1 of each year and shall be used to calculate the upcoming fiscal year's estimated cherry sheet assessments.
SECTION 64. The last paragraph of section 9A of said chapter 161B of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Amounts assessed under this section shall be the most recently audited regional transit authority assessment available on January 1 of each year and shall be used to calculate the upcoming fiscal year's estimated cherry sheet assessments.
SECTION 65. Section 10 of said chapter 161B, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-
If at any time any principal or interest is due or about to come due on any note issued by the authority pursuant to this section and funds to pay the same are not available, the administrator shall certify to the state treasurer the amount required to meet the obligation and the commonwealth shall thereupon pay over to the authority that amount. If the commonwealth shall not make the payment within a reasonable time, the authority or any holder of an unpaid note issued by the authority pursuant to this section, acting in the name and on behalf of the authority, shall have the right to require the commonwealth to pay the authority the amount remaining unpaid, which right shall be enforceable as a claim against the commonwealth. The authority or any holder of an unpaid note issued pursuant to this section may file a petition in the superior court to enforce a claim or intervene in any proceeding already commenced to enforce such a claim. Chapter 258 shall apply to the petition insofar as it relates to the enforcement of a claim against the commonwealth. Any holder of an unpaid note who shall have filed such a petition may apply for an order of the court requiring the authority to apply funds received by the authority on its claim against the commonwealth to the payment of the holder’s unpaid note, and, if the court finds such amount to be due to the holder, shall issue the order.
SECTION 66. Section 12 of chapter 161B of the General Laws, as so appearing, is hereby amended by inserting the following paragraph:-
A copy of each biennial audit shall be provided to the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on bonding, capital expenditures and state assets.
SECTION 67. Chapter 175 of the General Laws is hereby amended by striking out, as so appearing, section 195 and inserting in place thereof the following section:-
Section 195. (a) Sums for the estimated expenses for the purposes specified in subsection (b) shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth within 30 days after notice from the commissioner of such estimated expenses. The commissioner shall apportion such estimated charges among all such companies and shall assess them for the same on a fair and reasonable basis. The commissioner shall subsequently apportion actual costs among all such companies and shall make assessment adjustments for the same for any variation between estimated and actual costs on a fair and reasonable basis. Such estimated and actual costs shall include an amount equal to the cost of fringe benefits as established by the secretary of administration and finance under section 6B of chapter 29.
(b) The costs to be paid under subsection (a) shall be for the following purposes: (1) the operation of state fire training facilities and curriculum for firefighting personnel; (2) implementing sections 26G1/2 and 34A to 34D, inclusive, of chapter 148, and chapter 304 of the acts of 2004; (3) student awareness of fire education programs; (4) the firefighting equipment grant program; and (5) capital improvements to state fire service facilities, including reimbursing the General Fund for debt service on bonds issued to pay for these capital improvements.
SECTION 68. Section 6 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “three” the first time it appears and inserting in place thereof the following figure:- 4.
SECTION 69. Section 11 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word “is” and inserting in place thereof the following words:- , except any counsel appointed or assigned to represent indigents within the private counsel division in a homicide case, shall be.
SECTION 70. Section 37 of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out the eighth sentence.
SECTION 71. Section 93 of said chapter 221, as so appearing, is hereby amended by striking out, in line 8, the figure “78.27” and inserting in place thereof the following figure:- 82.50.
SECTION 72. Section 94 of said chapter 221, as so appearing, is hereby amended by striking out, in line 16, the figure “78.27” and inserting in place thereof the following figure:- 82.50.
The Governor disapproved the following language as indicated.
The Legislature overrode the Governor's veto.
SECTION 73. Chapter 252 of the General Laws is hereby amended by inserting after section 14C the following section:-
Section 14D. Mosquito control projects and mosquito control districts shall have sole authority in all personnel decisions including, but not limited to, the following: the hiring and firing of personnel; the establishment of rates of compensation for personnel representative of the regional economy; and the hiring of appropriate outside professionals deemed necessary to carry out and fulfill statutory obligations.
SECTION 74. Chapter 262 of the General Laws is hereby amended by striking out section 38 and inserting in place thereof the following section:-
Section 38. Except as otherwise provided, the fees of the registers of deeds to be paid when an instrument is recorded shall be as follows:
For entering and recording any paper, certifying the same on the original, and indexing it and all other duties pertaining thereto, $50; provided, however, that if the paper includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $50 fee;
For recording a declaration of trust, $200;
For recording a deed or conveyance, $100;
For recording a mortgage, $150;
For recording a declaration of homestead, $30;
For recording and filing a plan, $50 per sheet; and
For all copies of documents, whether copied out of books or generated electronically, $1 per page, and all coin-operated copy machines shall be $.50 per page.
Except as otherwise provided, the fees of the registers of deeds to be paid when the instrument is recorded shall be subject to a surcharge under section 8 of chapter 44B.
SECTION 75. Chapter 278 of the General Laws is hereby amended by inserting after section 28C the following section:-
Section 28D ½.
The clerk of the appellate division shall receive from the commonwealth as
salary an amount equal to 10 per cent of, and in addition to, the salary
established and paid to said clerk of the superior court for criminal business
in the
SECTION 76. Section 44 of chapter 85 of the acts of 1994, as most recently amended by section 19 of chapter 23 of the acts of 2002, is hereby further amended by inserting after the words “Mount Greylock state reservation” the following words:- , Whitehead House at Willowdale state forest, Kerighan House at Bradley Palmer state park.
SECTION 77. Chapter 137 of the acts of 2003, as amended by section 2 of chapter 77 of acts of 2005, is hereby further amended by striking out section 21 and inserting in place thereof the following section:-
Section 21.
Section 1 shall expire on
SECTION 78. Section 417 of chapter 149 of the acts of 2004, is hereby amended by striking out, in line 2, the figure “2009”, inserted by section 82 of chapter 139 of the acts of 2006, and inserting in place thereof the following figure:- 2011.
SECTION 79. Chapter 58 of the acts of 2006 is hereby amended by striking out section 128, as amended by section 40 of chapter 61 of the acts of 2007, and inserting in place thereof the following section:-
Section 128. Notwithstanding
any general or special law to the contrary and in accordance with section 13B
of chapter 118E of the General Laws, in fiscal year 2007, $90,000,000 shall be
made available from the Commonwealth Care Trust Fund, established pursuant to
section 2OOO of chapter 29 of the General Laws, to pay for an increase in the
Medicaid rates paid to acute hospitals and physicians; but not less than 15 per
cent of the increase shall be allocated to rate increases for physicians. For
fiscal year 2008, an additional $90,000,000, for a total of $180,000,000, shall
be made available from said Commonwealth Care Trust Fund in accordance with
this section, to pay for an increase in the Medicaid rates paid to acute
hospitals and physicians; but not less than 15 per cent of the increase shall
be allocated to rate increases for physicians. In fiscal year 2009, an
additional $90,000,000, for a total of $270,000,000, shall be made available
from said Commonwealth Care Trust Fund to pay for an increase in the Medicaid
rates paid to acute hospitals, as defined in section 1 of chapter 118G of the
General Laws, and physicians; but not less than 15 per cent of the increase
shall be allocated to rate increases for physicians. In fiscal year 2008, not more
than $20,000,000 of the amounts to be made available to acute hospitals under
this section shall be contingent on hospital adherence to quality standards and
achievement of performance benchmarks, including the reduction of racial and
ethnic disparities in the provision of health care, in accordance with said
section 13B of said chapter 118E, and may be paid in fiscal year 2009. In
fiscal year 2009, not more than $58,000,000 of the amounts to be made available
to acute hospitals under this section shall be contingent on hospital adherence
to quality standards and achievement of performance benchmarks, including the
reduction of racial and ethnic disparities in the provision of health care, in
accordance with said section 13B of said chapter 118E, and may be paid in
fiscal year 2010. For fiscal years 2008 and 2009, any such performance
benchmarks shall be determined by the secretary of health and human services
without any limitation, but in consultation with hospitals, the MassHealth
payment policy advisory board and the health care quality and cost council, and
may include measures to be reported by hospitals to the federal Centers for
Medicare and Medicaid Services for Reporting Hospital Quality Data for Annual
Payment Update, to the Joint Commission on Accreditation of Healthcare
Organizations for core measures, or to the MassHealth Program pursuant to
Appendix G of the contract between MassHealth and acute hospitals for Rate Year
2007 or other nationally-recognized measures that are drawn on those approved
by the National Quality Forum and adopted by the Hospitals Quality Alliance
Performance benchmarks and quality measures related to racial and ethnic
disparities in the provision of health care. The secretary of health and human
services shall, after consultation required by said section 13B of said chapter
118E, issue final quality standards and performance benchmarks for use in the
hospital fiscal year beginning
SECTION 80. Section 117 of chapter 123 of the acts of 2006 is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
The commission shall file its recommendations, together with recommendations for legislation, if any, with the house and senate clerks who shall forward the same to the general court not later than 3 years after the passage of this act.
SECTION 81. Notwithstanding any general or special law to the contrary, section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2009.
SECTION 82. Notwithstanding
any general or special law to the contrary, the comptroller shall, not later
than
SECTION 83. Notwithstanding any general or special law to the contrary, during fiscal year 2009 the comptroller shall not transfer 0.5 per cent of the total revenue from taxes in the preceding fiscal year to the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, as otherwise required pursuant to clause (a) of section 5C of said chapter 29.
SECTION 84. Notwithstanding
any general or special law to the contrary, the comptroller shall, no later
than
SECTION 85. Notwithstanding any general or special law to the contrary, during fiscal year 2009, the comptroller shall transfer from the Health Care Security Trust, established pursuant to section 1 of chapter 29D of the General Laws, to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2009 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Phillip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378 and 100 per cent of the earnings generated in fiscal year 2009 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws for certain health care expenditures appropriated in section 2.
SECTION 86. Notwithstanding any general or special law to the contrary, during fiscal year 2009, the comptroller shall, according to a schedule developed in consultation with the state treasurer and the secretary of administration and finance, transfer $372,000,000 from the General Fund to the State Retiree Benefits Trust Fund, established by section 24 of chapter 32A of the General Laws.
SECTION 87. Notwithstanding
any general or special law to the contrary, on or before
SECTION 88. (a)
Notwithstanding any general or special law to the contrary, on or before
(b) Notwithstanding
any general or special law to the contrary, the comptroller shall, in
consultation with the state treasurer, the secretary of administration and
finance and the secretary of health and human services, develop a schedule for
transferring funds among the General Fund, the Commonwealth Care Trust Fund
established pursuant to section 2OOO of chapter 29 of the General Laws, and the
Health Safety Net Trust Fund established pursuant to section 36 of chapter 118G
of the General Laws. Not less than $1,117,561,456 shall be transferred from the
General Fund to the Commonwealth Care Trust Fund and not less than $62,996,382
shall be transferred from the Commonwealth Care Trust Fund to the Health Safety
Net Trust Fund. The hospital fiscal year 2009 payment amount to each hospital
shall be funded by the Health Safety Net Trust Fund. Payments may be made
either as safety net care payments under the Commonwealth's 1115 waiver, or as
an adjustment to Title XIX service rate payments, or a combination thereof. The
executive office of health and human services and the health safety net office
may use other federally permissible funding mechanisms available for public service
hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of
uncompensated care at the hospitals using sources distinct from the funding
made available to the Health Safety Net Trust Fund. The executive office of
health and human services shall make expenditures required for fiscal year 2009
under section 122 of chapter 58 of the acts of 2006. The schedule shall provide
for transfers in increments considered appropriate to meet the cash flow needs
of these funds. The transfers shall not begin before
(c) Notwithstanding
any general or special law to the contrary, the comptroller shall, in
consultation with the office of the state treasurer, the executive office of
administration and finance and the executive office of health and human
services, develop a schedule and make a series of transfers not to exceed
$346,000,000 from the General Fund to the MassHealth provider payment account
in the Medical Assistance Trust Fund, established pursuant to section 2
(d) Notwithstanding
any general or special law to the contrary, the comptroller, in consultation
with the secretary of health and human services, shall develop a schedule for
transferring not less than $25,000,000 from the General Fund to the Essential
Community Provider Trust Fund, established in section 2
SECTION 89. Notwithstanding
any general or special law to the contrary, after complying with clause (a) of
section 5C of chapter 29 of the General Laws the comptroller shall dispose of
the consolidated net surplus in the budgetary funds for fiscal year 2008 as
follows: (1) if the consolidated net surplus is $25,000,000 or less, the
comptroller shall transfer said amount to the Massachusetts Life Sciences
Investment Fund established by section 6 of chapter 23I of the General Laws; or
(2) if the consolidated net surplus is $34,000,000 or greater, the comptroller
shall transfer said amount as follows: (a) $25,000,000 shall be transferred to
the Massachusetts Life Sciences Investment Fund established by section 6 of
chapter 23I of the General Laws, (b) $3,000,000 shall be transferred to the
Workforce Competitiveness Trust Fund, established in section 2
(b) All transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances, provided that no such transfer shall cause a deficit in any of the funds.
The Governor disapproved the following language as indicated.
SECTION 90. Notwithstanding
any general or special law to the contrary, within 10 days of a transfer to the
Massachusetts Life Sciences Investment Fund bd Mathematics Grant Fund
established pursuant to section 2
The Governor disapproved the following language as indicated.
SECTION 91. Notwithstanding
any general or special law to the contrary, within 10 days of a transfer to the
Massachusetts Life Sciences Investment Fund pursuant to section 89 the
Massachusetts Life Sciences Investment Fund shall transfer $9,100,000 to the
Massachusetts Life Sciences Holding Fund established pursuant to section 92.
The Governor disapproved the following language as indicated.
SECTION 92. There
shall be established and set up on the books of the commonwealth a separate
fund to be known as the Massachusetts Life Sciences Holding Fund. Expenditures
from the Massachusetts Life Sciences Holding Fund shall be subject to
appropriation.
SECTION 93. Notwithstanding
any general or special law to the contrary and in order to maintain the fiscal
viability of the subsidized catastrophic prescription drug insurance program,
hereinafter referred to as the “prescription advantage program”, authorized by
section 39 of chapter 19A of the General Laws, cost-sharing required of
enrollees in the form of co-payments, premiums and deductibles, or any
combination thereof, may be adjusted by the department of elder affairs to
reflect price trends for outpatient prescription drugs, as determined by the
secretary of elder affairs. The secretary shall not implement such cost sharing
increases required of enrollees in the form of co-payments, premiums and
deductibles or any combination thereof, unless the executive office has given
90 days notice to the general court. In
addition to the eligibility requirements set forth in said section 39 of said
chapter 19A, to be considered eligible for the prescription advantage program,
individuals who receive Medicare and are applying for, or are then enrolled in,
the prescription advantage program shall also be enrolled in a Medicare
prescription drug plan, a Medicare Advantage prescription drug plan or in a
plan which provides creditable prescription drug coverage as defined in section
104 of the Medicare Prescription Drug, Improvement and Modernization Act of
2003, hereinafter referred to as “
The Governor disapproved the following section and returned with an amendment, see House, No 4960
SECTION 94. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $2,000,000 from the General Fund to the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws.
SECTION 95. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $6,500,000 from the General Fund to the Massachusetts Cultural Facilities Fund, established in section 42 of chapter 23G of the General Laws.
SECTION 96. Notwithstanding
clause (xxiii) of the third paragraph of section 9 of chapter 211B of the
General Laws, or any other general or special law to the contrary, the chief
justice for administration and management may, from the effective date of this
act through
SECTION 97. Notwithstanding any general or special law to the contrary, every vending machine operator or retailer, as defined in section 1 of chapter 64C of the General Laws, or any other licensee, as prescribed by the commissioner of revenue, who, at the commencement of business on the effective date of this section, has on hand any cigars or smoking tobacco for sale, shall make and file with the commissioner of revenue within 20 days thereafter a return, subscribed under the penalties of perjury, showing a complete inventory of such cigars and smoking tobacco, and shall, at the time he is required to file such return, pay the excise due on any cigars and smoking tobacco on which he has not previously remitted the excise to the commissioner of revenue. All provisions of chapters 62C and 64C of the General Laws relative to the assessment, collection, payment, abatement, verification and administration of taxes, including penalties, shall, so far as pertinent, apply to the excise imposed by this section.
SECTION 98. Notwithstanding
any general or special law to the contrary, in hospital fiscal year 2009, the
office of the inspector general may continue to expend funds appropriated
pursuant to section 1 of chapter 240 of the acts of 2004 from the Uncompensated
Care Trust Fund, or any successor fund, for the costs associated with
maintaining a pool audit unit within said office. The unit shall continue to
oversee and examine the practices in all
SECTION 99. Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to paragraph (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth's Pension Liability Fund established pursuant to section 22 of said chapter 32. The amounts transferred pursuant to said paragraph (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32, and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to the rules adopted by the treasurer. The treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers, including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and also including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to clause (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this section shall be made only pursuant to distribution of monies from the fund, and any distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of this distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. The state board of retirement may expend an amount for the purposes of the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to paragraph (1) of section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund of the commonwealth for the purpose of reducing the unfunded pension liability of the commonwealth.
SECTION 100. (a)
Notwithstanding any general or special law to the contrary, upon the request of
the board of selectmen in a town, the city council in a plan E city, or the
mayor in any other city, the department of revenue may recalculate the minimum
required local contribution, as defined in section 2 of chapter 70 of the
General Laws, in the fiscal year ending
(b) A
city or town that used qualifying revenue amounts in a fiscal year which will
not be available for use in the next fiscal year, or that will be required to
use revenues for extraordinary non school-related expenses for which it did not
have to use revenues in the preceding fiscal year, or that has an excessive
certified municipal revenue growth factor which is also greater than or equal
to 1.5 times the state average municipal revenue growth factor, may appeal to
the department of revenue on or before
(c) If
a claim is determined to be valid, the department of revenue may reduce proportionately
the minimum required local contribution amount based on the amount of shortfall
in revenue or based on the amount of increase in extraordinary expenditures in
the current fiscal year, but no adjustment to the minimum required local
contribution on account of an extraordinary expense in the budget for the
fiscal year ending on
(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality’s claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.
(e) The
board of selectmen in a town, the city council in a plan E city, the mayor in
any other city, or a majority of the member municipalities of a regional school
district, which used qualifying revenue amounts in a fiscal year that will not
be available for use in the next fiscal year, may appeal to the department of
revenue not later than
(f) If the regional school budget has already been adopted by two-thirds of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of education in accordance with this section.
(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined pursuant to this section shall be the minimum required local contribution described in chapter 70 of the General Laws. The department of revenue and the department of education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount.
(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized pursuant to this section.
(i) The amount of financial assistance due from the commonwealth in fiscal year 2009 pursuant to chapter 70 of the General Laws or any other law shall not be changed on account of any redetermination of the minimum required local contribution pursuant to this section.
(j) The department of revenue and the department of education shall issue guidelines for their respective duties pursuant to this section.
SECTION 101. Notwithstanding any general or special law to the contrary, the executive office of health and human services may promulgate regulations allowing any dentist participating in the MassHealth program to limit the number of MassHealth patients in his practice in accordance with standards or procedures to be established by the executive office.
SECTION 102. Notwithstanding any general or special law to the contrary, the executive office of health and human services under section 16 of chapter 6A of the General Laws, acting in its capacity as the single state agency under Title XIX of the Social Security Act and as the principal agency for all of the agencies within the executive office, and other federally assisted programs administered by the executive office, may enter into interdepartmental services agreements with the University of Massachusetts medical school to perform activities that the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of Title XIX and other federal funding provisions to support the programs and activities of the executive office. These activities shall include: (1) providing administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) providing consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) providing activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties. Federal reimbursement for any expenditures made by the University of Massachusetts medical school relative to federally reimbursable services the university provides under these interdepartmental service agreements or other contracts with the executive office of health and human services shall be distributed to the university, and recorded distinctly in the state accounting system. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs, and the comptroller shall certify these fees and pay them upon the receipt of this revenue, reimbursement or demonstration of costs avoided. Contracts for contingency fees shall not extend longer than 3 years, and shall not be renewed without prior review and approval from the executive office of administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2009. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel and the amount of federal reimbursement and recoupment payments that the university collected.
SECTION 103. (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation may, using such competitive proposal process as the division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years with 1 or more operators, for the Ponkapoag golf course in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses, practice greens, driving range, restaurant or any other structure and associated lands which constitute the facilities of the Ponkapoag golf course, hereinafter referred to as the golf course; provided, however, that the division of capital asset management and maintenance, in consultation with the department of conservation and recreation shall prefer any proposal submitted by the town of Canton, or by a non-profit organization within the town of Canton, which complies with the requirements of this section; and provided further, that the division of capital asset management and maintenance shall provide the town of Canton no less than 180 days to determine whether said town shall submit a proposal prior to soliciting proposals pursuant to subsection (b); and provided further, that if said town of Canton executes a lease of the golf course pursuant to this section it shall not assign or otherwise transfer the lease to any third party.
There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. All leases shall contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the golf course or on the land of the golf course during the term of the lease.
Such lease and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the property. Any such lease or other arrangement shall stipulate that any required capital improvements to the golf courses, practice greens, driving range, restaurant or any other structure or associated lands which constitute the facilities of the golf course shall be made by the lessee and shall include a description of the required capital improvements and without limitation performance specifications. Said lease and other agreement shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties by the lessee shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements executed pursuant to this section shall be payable to the department of conservation and recreation for deposit into the General Fund.
(b) If no lease agreement is reached with the town of Canton pursuant to subsection (a) and not before April 1, 2009, the division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including but not limited to: (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) a residential, senior citizen and children discount program; (4) reservation policies; (5) proposed reasonable rates that will ensure continued public access; (6) required financial audits; (7) policies to encourage use of the golf course by persons of all races and nationalities; (8) safety and security plans; (9) seasonal opening and closing dates; (10) hours of operation; (11) holiday recognition; (12) grievance processes; (13) clubhouse license; (14) a provision that the facility shall be maintained as a 36 hole public golf course; (15) a provision that lessee shall not construct any facilities on the grounds of the golf course or any property appurtenant thereto; provided, however, that said lessee may construct facilities incidental to the operation of a golf course with the written approval of the commissioner of the department of conservation and recreation; (16) a provision that the town of Canton shall receive compensation from the lessee in an amount equal to or greater than the amount said town would receive in property taxes if the golf course were taxed as a commercial property as may be determined by the board of assessors of the town of Canton. Any increase in fees including fees for season passes, and any increase in charges for greens fees, golf cart or club rentals shall be approved in writing by the commissioner of the department of conservation and recreation; provided, however, that in considering any request for an increase in fees, the commissioner shall consider without limitation: (i) any capital investment made by the contractor or lessee; (ii) the fees and charges at other public golf courses within reasonable proximity; and (iii) the length of time since the last fee increase.
It shall be a mandatory term of any request for proposals issued by the division of capital asset management and maintenance and of any contract entered into by the commonwealth with any party that any party which has entered into a contract pursuant to this section with the commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the golf course and to preserve the safety and environmental conditions of said golf course, that all employees currently working on the operation and maintenance of the golf course be offered employment by any party entering into a contract pursuant to this section. Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessee, to comparable positions within the department subject to applicable collective bargaining agreements.
(c) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any party leasing the golf course pursuant to this section.
(d) Notwithstanding any general or special law to the contrary, the inspector general shall review and approve any lease executed pursuant to this section and the review shall include an examination of the methodology utilized for establishing a lease price. Within 30 days of receiving the lease, the inspector general shall prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets but no later than 15 days before the execution of any agreement or other document relating to the lease.
(e) Notwithstanding any general or special law to the contrary, the lessee shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and document preparation related to the contracts and leases authorized pursuant to this section as such costs may be determined by the commissioner of the division of capital asset management and maintenance. Upon conveyance of the parcel, the lessee shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the golf course.
(f) The
division of capital asset management and maintenance and the department of
conservation and recreation shall report on the results of any requests for
proposals and any subsequent leases executed as a result of this section. The
report shall include, but not be limited to: the time required to conduct the
request for proposals process; the quality and characteristics of the bids
received in response to the request; the criteria used to identify successful
bidders; the dates of any executed leases; any service changes resulting from
executed leases; any increase or decrease in the length of the season of
operations for the golf course; the capital improvements that have been
completed, are under construction or are planned by the lessee; and the revenue
generated by any executed leases. The report shall be submitted to the clerks
of the house and senate and to the house and senate committees on ways and
means no later than
SECTION 104. Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may using such competitive proposal process as the division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, with 1 or more operators, for the Blue Hills observatory and science center in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of such state-owned recreational facility together with the land and appurtenances associated thereto.
There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. All leases shall contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the observatory or on the land of the observatory during the term of the lease.
Such lease and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the property. Any such lease or other arrangement requiring capital improvements to be made to any buildings or surface areas shall include a description of the required capital improvements and, at a minimum, performance specifications. Such lease and other agreement shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties provided by the lessee shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the General Fund.
(b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including but not limited to (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years, (2) other facilities management or experience of the responsive bidder or offeror, (3) a residential discount program, (4) reservation policies, (5) proposed reasonable rates that will ensure continued public access, (6) required financial audits, (7) policies to encourage use of the observatory by persons of all races and nationalities, (8) safety and security plans, (9) seasonal opening and closing dates, and (10) hours of operation.
The division, in
consultation with the department, when evaluating proposals that are otherwise
comparable, shall prefer any proposal submitted by the town of
(c) It shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the observatory and to preserve the safety and environmental conditions of the observatory, that all employees currently working on the operation and maintenance of the observatory be offered employment by any party entering into a contract pursuant to this section. Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.
(d) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected offeror which is awarded a contract pursuant to this section, except as provided in this section.
(e) Notwithstanding any general or special law to the contrary, the inspector general shall review and approve a lease executed pursuant to this section and the review shall include an examination of the methodology utilized for establishing a lease price. Within 30 days of receiving the lease, the inspector general shall prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets not later than 15 days before the execution of any agreement or other document relating to the lease.
(f) Notwithstanding any general or special law to the contrary, lessor shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized pursuant to this section as such costs may be determined by the commissioner of the division of capital asset management and maintenance. Upon conveyance of the parcel, the lessor shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.
(g) The
division and the department shall report on the results of any requests for
proposals and subsequent lease executed as a result of this section. The report
shall include, but not be limited to, the following: the time required to
conduct the request for proposals process; the quality and characteristics of
the bids received in response to the request; the criteria used to identify
successful bidders; the dates of any executed leases; any service changes
resulting from executed leases; any increase or decrease in the length of the
season of operations for the observatory; the capital improvements that have
been completed, are under construction or are planned for construction; and the
monetary results of any executed leases. The report shall be submitted to the clerks of the house and senate and
to the house and senate committees on ways and means no later than
SECTION 105. (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation may, using such competitive proposal process as the division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, with 1 or more operators, for the Blue Hills ski area in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of such state-owned recreational facility together with the land and appurtenances associated thereto.
There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. Such renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. All leases shall contain a provision that requires the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the observatory or on the land of the observatory during the term of the lease.
Such lease and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the property. Any such lease or other arrangement requiring capital improvements to be made to any buildings or surface areas shall include a description of the required capital improvements and, at a minimum, performance specifications. Such lease and other agreement shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties provided by the lessee shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the General Fund.
(b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including but not limited to: (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) a residential discount program; (4) reservation policies; (5) proposed reasonable rates that will ensure continued public access; (6) required financial audits; (7) policies to encourage use of the ski area by persons of all races and nationalities; (8) safety and security plans; (9) seasonal opening and closing dates; and (10) hours of operation.
The division, in
consultation with the department, when evaluating proposals that are otherwise
comparable, shall prefer any proposal submitted by the town of
(c) It shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the ski area and to preserve the safety and environmental conditions of the ski area, that all employees currently working on the operation and maintenance of the ski area be offered employment by any party entering into a contract pursuant to this section. Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.
(d) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected offeror which is awarded a contract pursuant to this section, except as provided in this section.
(e) Notwithstanding any general or special law to the contrary, the inspector general shall review and approve a lease executed pursuant to this section and the review shall include an examination of the methodology utilized for establishing a lease price. Within 30 days of receiving the lease, the inspector general shall prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report, the commissioner shall submit such report to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets but no later than 15 days before the execution of any agreement or other document relating to the lease.
(f) Notwithstanding any general or special law to the contrary, lessor shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized pursuant to this section as such costs may be determined by the commissioner of the division of capital asset management and maintenance. Upon conveyance of the parcel, the lessor shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.
(g) The
division and the department shall report on the results of any requests for
proposals and subsequent lease executed as a result of this section. The report
shall include, but not be limited to, the following: the time required to
conduct the request for proposals process; the quality and characteristics of
the bids received in response to the request; the criteria used to identify
successful bidders; the dates of any executed leases; any service changes
resulting from executed leases; any increase or decrease in the length of the
season of operations for the ski area; the capital improvements that have been
completed, are under construction or are planned for construction; and the
monetary results of any executed leases. The report shall be submitted to the
clerks of the house and senate and to the house and senate committees on ways
and means no later than
SECTION 106. (a) There shall be a special commission on civic engagement and learning consisting of 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on education, 1 of whom shall be a member of the majority party and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the senate shall be designated as co-chair of the commission; 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on education, 1 of whom shall be a member of the majority party and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the house shall be designated as co-chair of the commission; the director of the legislative education office, or his designee; the chancellor of higher education, or his designee; the commissioner of education, or his designee; the president of the Massachusetts Association of School Superintendents, or his designee; the president of the Massachusetts Association of School Committees, or his designee; the president of the Massachusetts Teachers Association, or his designee; the president of the Massachusetts Chapter of the American Federation of Teachers, or his designee; the president of the Massachusetts Council for the Social Studies, or his designee; the president of the Massachusetts League of Women Voters, or his designee; the president of the Massachusetts Bar Association, or his designee; the Massachusetts state coordinator of the Center for Civic Education; a representative of local government appointed by the Massachusetts Municipal Association; a representative of the judicial branch appointed by the chief administrative justice of the trial court; the president of the Massachusetts Secondary Schools Administrators Association, or his designee; and 6 persons to be appointed by the governor, 1 of whom shall be the dean of a school of education or chair of a department of education skilled in the preparation of teachers, 1 of whom shall have expertise in adult education, 1 of whom shall be a scholar in the field of civic education, 1 of whom shall have expertise in curriculum development with special emphasis on civic learning, 1 of whom shall have expertise in the field of civic engagement of youth and 1 of whom shall have expertise in service learning.
(b) The organizational session of the commission shall be convened by the co-chairs not later than 60 days after the effective date of this act whether or not all of the governor’s designees have been appointed and qualified.
(c) The special commission shall make an investigation and study of the status of civic engagement and learning including, but not limited to: (1) an assessment of the status of civic education from kindergarten through undergraduate college education, with particular attention to compliance by agencies of public education and public higher education with section 2 of chapter 71 of the General Laws and section 2A of chapter 73 of the General Laws, including an assessment of the civic knowledge of graduates of public high schools; (2) an investigation of the opportunities available to students for service learning that develops an understanding of the relationship of those experiences with democratic government and a review of programs that teach civic engagement knowledge and skills that are essential to the development of active citizens; (3) an investigation of the status of public and private programs that promote civic engagement and learning including, but not limited to, Student Government Day established in section 12M of chapter 6 of the General Laws and how those programs could be enhanced or expanded through cooperation among themselves and with other entities such as schools and colleges, and through additional resources from public or private sources to be more effective and generally available to a larger number of students or the population at large; (4) an assessment of best practices in civic education in the United States that could serve as models for improving civic engagement and learning in the commonwealth; (5) an assessment of the implementation of the history and social studies curriculum frameworks by the department of education and school districts, including recommendations for the development and assessment of practical skills for civic engagement that are complementary to the knowledge-based aspects of the frameworks; (6) an assessment of the need for a permanent entity to promote civic engagement by a responsible citizenry and to encourage the building of partnerships to enhance the teaching and learning of the principles of representative democracy; and (7) any other matters that the special commission considers relevant to the fulfillment of its mission and purpose.
(d) The
special commission may conduct public hearings to gather information and to
raise civic awareness, including the sponsorship of statewide or regional
conferences involving educators, students or the public at large. The
department of education and the board of higher education shall provide staff
and other resources as the commission and those agencies consider appropriate.
The special commission shall make its final report and recommendations, if any,
together with drafts of legislation necessary to carry those recommendations
into effect, by filing the same with the joint committee on education not later
than
The Governor disapproved the following section and returned with an amendment, see House, No 4961
SECTION 107. The
secretary of administration and finance shall submit a report to the house and
senate clerks who shall forward the same to the house and senate committees on
ways and means, the joint committee on bonding, capital expenditures and state
assets and the joint committee on transportation not later than
SECTION 108. There shall be a special commission to study auto body rates. The commission shall study existing practices in setting rates, and investigate the benefits and costs associated with developing a rate setting system, including but not limited to, establishing a tiered rating system for auto body shops, an average national hourly compensation rate, and use of a cost of labor multiplier for the commonwealth utilizing data provided by the Bureau of Statistics for the U.S. Department of Labor. The commission shall also report on the number of auto body shops in the commonwealth from 2000 until present, including the number of shops that have closed during that time period.
The commission shall consist of the following 11 members: the director of consumer affairs and business regulation, or a designee, who shall chair the commission, 2 members of the senate, 1 of whom shall be the senate chair of the joint committee on financial services and 1 of whom shall be appointed by the senate minority leader, 2 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on financial services and 1 of whom shall be appointed by the house minority leader, 3 members from the auto insurance industry to be appointed by the Automobile Insurers Bureau, 2 members from the auto repairer industry appointed by the state affiliate of the Alliance of Automotive Service Providers, and one member whom shall be a motor vehicle dealer as pursuant to section 1 of chapter 93B of the General Laws to be appointed by the Massachusetts State Auto Dealers Association. All members of the commission shall serve on a voluntary, unpaid basis.
The commission
shall hold at least 2 public hearings and file a report of the results of its
study including any legislative or regulatory recommendations with the clerks
of the senate and house of representatives who shall forward the same to the joint
committee on financial services and the senate and house committees on ways and
means not later than
SECTION 109. Notwithstanding
any general or special law to the contrary, the department of education shall
report on the equity effects of the recently phased-in regional school
allocation methodology on regional vocation technical schools; provided,
further, that said report shall be filed with the house and senate committee on
ways and means and the joint committee on education by no later than
SECTION 110. There
shall be a special commission to consist of the following members: the
secretary of education, who shall chair the commission; the chair of the board
of higher education; the chairman of the State Colleges of Massachusetts
Council of presidents; the president of the University of Massachusetts; a
member of a board of trustees of a state college, selected by the chairs of
such boards of trustees acting jointly; a member of the board of trustees at
the University of Massachusetts who shall be appointed by the chair of the
board; a person selected by the Massachusetts Teachers Association; and 3
persons selected by the governor who are experienced with the missions and
degree-granting authority of public institutions of higher education in the
United States. The commission shall make
an investigation and study relative to the merit of allowing state colleges to
become state universities. Such study
shall include, but need not be limited to: the appropriate scope of such change;
the educational value of such change for students; the need to allow state
colleges to issue doctorate degrees; any increased costs to the commonwealth or
to students likely to result from such change; the impact on the public higher
education system, including the state colleges; and statutory compliance and
degree approval processes for higher education institutions. The commission shall consider the function of
state colleges in educating and training citizens of the commonwealth for roles
in the economy of the commonwealth. The commission shall file a report on the
results of its investigation and study, and any recommendations relative
thereto, with the joint committee on higher education not later than
SECTION 111. There
is hereby established a special commission to study the
The commission
shall make a comprehensive study of the
The public
employee retirement administration commission shall conduct an actuarial
analysis to determine the costs of any recommendations made by the
commission. The commission shall file a
report of its study together with the actuarial analysis and any recommendations
for legislation, if any, with the clerks of the house and senate, the chairs of
the house and senate committee on ways and means and the chairs of the joint
committee on public service no later than
SECTION 112. There
shall be established a special commission to investigate and study the manner
in which municipalities and towns of the commonwealth balance their fiscal year
budgets, including the accounting methods utilized by said cities and towns.
The commission shall be appointed by the governor and shall consist of 10
members as follows: the house and senate chairmen of the joint committee on
municipalities who shall serve as co-chairs of this special commission, the
house and senate chairmen of the committees on ways and means, or their
designees, the speaker of the house of representatives or his designee, the
president of the senate or her designee, the state auditor, or his designee,
the commissioner of the department of revenue or his designee, a representative
of the executive office of administration and finance, and a representative of
the Massachusetts Municipal Association. The commission shall report to the general
court the results of its study, together with drafts of legislation necessary
to carry such recommendations into effect, by filing the same with the clerks of
the house of representatives and senate on or before
SECTION 113. The department of developmental services shall serve the same population as the department of mental retardation and shall not exclude any class of individuals that is currently receiving services from the department of mental retardation. This name change is solely for administrative purposes and shall not determine the scope of individuals served by the department.
SECTION 114. Notwithstanding any general or special law to the contrary, any additional costs that are incurred by a regional transit authority as a result of the implementation of sections 62, 63 and 64 shall not be the obligation of the commonwealth and shall not be paid for by any funds of the commonwealth.
SECTION 115. Sections
9 and 113 of this act shall take effect on
SECTION 116. Sections
13 and 74 of this act shall take effect as of
SECTION 117. Sections
16 and 18 of this act shall take effect on
SECTION 118. Sections
20, 27 to 31, inclusive, 37, 38 and 97 of this act shall take effect on
SECTION 119. Sections
26 of this act shall take effect on
SECTION 120. Sections 40, 42 and 43 of this act shall apply to sales of tobacco products occurring on or after September 1, 2008, by manufacturers, wholesalers, unclassified acquirers and other persons specified in section 43.
SECTION 121. Except
as otherwise specified, this act shall take effect on
Approved July 13, 2008