AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2011 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS.
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, 2010, 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, 2E and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D, 2E and 3, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof for the fiscal year ending June 30, 2011. All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons. All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.
SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the Constitution of the Commonwealth and section 6D of chapter 29 of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June 30, 2011 are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for said fiscal year as set forth and authorized in sections 2, 2B and 2E. The comptroller shall keep a distinct account of actual receipts from each such source by each such fund to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein and to include a full statement comparing such actual and projected receipts in the annual report for said fiscal year pursuant to section 13 of chapter 7A of the General Laws. The quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section.
Source |
All Budgeted Funds* |
General Fund |
Commonwealth Transportation Fund |
Substance Abuse Treatment and Prevention Fund | Other** |
|---|---|---|---|---|---|
Alcohol. Bev. |
$71.6 |
$71.6 |
$0.0 |
$0.0 |
$0.0 |
Cigarettes |
$484.0 |
$484.0 |
$0.0 |
$0.0 |
$0.0 |
Corporations |
$1,371.9 |
$1,371.9 |
$0.0 |
$0.0 |
$0.0 |
Deeds |
$113.7 |
$113.7 |
$0.0 |
$0.0 |
$0.0 |
Estate Inheritance |
$205.0 |
$205.0 |
$0.0 |
$0.0 |
$0.0 |
Financial Institutions |
$193.8 |
$193.8 |
$0.0 |
$0.0 |
$0.0 |
Income |
$10,629.7 |
$10,629.7 |
$0.0 |
$0.0 |
$0.0 |
Insurance |
$326.2 |
$326.2 |
$0.0 |
$0.0 |
$0.0 |
Motor Fuels |
$663.6 |
$0.0 |
$662.7 |
$0.0 |
$0.9 |
Public Utilities |
$27.9 |
$27.9 |
$0.0 |
$0.0 |
$0.0 |
Room Occupancy |
$100.0 |
$65.0 |
$0.0 |
$0.0 |
$35.0 |
Sales-Regular |
$3,443.4 |
$3,118.3 |
$212.1 |
$108.0 |
$0.0 |
Sales-Meals |
$790.1 |
$741.4 |
$48.7 |
$0.0 |
$0.0 |
Sales-Motor Vehicles |
$583.7 |
$547.1 |
$36.0 |
$0.0 |
$0.0 |
Miscellaneous |
$25.2 |
$25.2 |
$0.0 |
$0.0 |
$0.0 |
UI Surcharges |
$20.2 |
$0.0 |
$0.0 |
$0.0 |
$21.0 |
Total Consensus |
$19,050.0 |
$17,921.0 |
$959.5 |
$108.0 |
$56.9 |
Transfer to School Modernization and Reconstruction Trust (SMART) Fund |
-$644.3 |
-$644.3 |
|||
Transfer to MBTA State and Local Contribution Fund |
-$767.1 |
-$767.1 |
|||
Transfer to Pension Reserves Investment Trust Fund |
-$1,441.8 |
-$1,441.8 |
|||
Total Consensus Tax Revenue for Budget: |
$16,197.6 |
$15,072.8 |
$959.5 |
$108.0 |
$56.9 |
|
||||||
|---|---|---|---|---|---|---|
Administrative Provisions to Facilitate Tax Collections |
$22.5 |
$22.5 |
$0.0 |
$0.0 |
$0.0 |
|
Enhanced Auditors |
$20.0 |
$20.0 |
$0.0 |
$0.0 |
$0.0 |
|
Massachusetts Life Science Tax Credit Cap |
$5.0 |
$5.0 |
$0.0 |
$0.0 |
$0.0 |
|
Total Taxes Available for Budget: |
$16,245.1 |
$15,120.3 |
$959.5 |
$108.0 |
$56.9 |
|
|
||||||
| Source | All Budgeted Funds* | General Fund | FMAP Budget Relief Fund | Commonwealth Transportation Fund | Substance Abuse Treatment and Prevention Fund | Other** |
Federal Reimbursements |
$9,034.6 |
$8,339.8 |
$688.0 |
$0.0 |
$0.0 |
$6.8 |
Departmental Revenue |
$2,811.3 |
$2,297.1 |
$501.1 |
$0.0 |
$13.1 |
|
Consolidated Transfers |
$1,951.1 |
$2,059.2 |
$0.0 |
$0.0 |
-$108.1 |
|
GRAND TOTAL |
$30,042.1 |
$27,816.4 |
$1,460.6 |
$108.0 |
-$31.3 |
|
|
||||||
** Includes tax revenue into the Workforce Training Fund, the Mass Tourism Fund and the Inland Fish and Game Fund. |
||||||
SECTION 1B. The comptroller shall keep a distinct account of actual receipts of non-tax revenues by each department, board, commission or institution to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein and to include a full statement comparing such receipts with projected receipts in the annual report for such fiscal year pursuant to section 13 of chapter 7A of the General Laws. The quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section.
| Revenue Source | Unrestricted Non-Tax | Restricted Non-Tax | Total Non-Tax |
|---|---|---|---|
| Judiciary | |||
| Supreme Judicial Court | $2,979,940 | $0 | $2,979,940 |
| Committee for Public Counsel | $0 | $750,000 | $750,000 |
| Appeals Court | $448,502 | $0 | $448,502 |
| Trial Court | $77,959,000 | $53,000,000 | $130,959,000 |
Totals: |
$81,387,442 | $53,750,000 | $135,137,442 |
District Attorney's |
|||
Plymouth District Attorney |
$500 | $0 | $500 |
| Middle District Attorney | $100 | $0 | $100 |
Totals: |
$600 | $0 | $600 |
Secretary of the Commonwealth |
|||
| Secretary of the Commonwealth | $227,922,453 | $30,000 | $227,952,453 |
Totals: |
$227,922,453 | $30,000 | $227,952,453 |
Treasurer and Receiver General |
|||
| Office of the Treasurer | $241,125,559 | $0 | $241,125,559 |
| State Lottery Commission | $184,536,000 | $826,347,607 | $1,010,883,607 |
Totals: |
$425,661,559 | $826,347,607 | $1,252,009,166 |
Attorney General |
|||
| Office of the Attorney General | $26,210,895 | $575,000 | $26,785,895 |
Totals: |
$26,210,895 | $575,000 | $26,785,895 |
State Ethics Commission |
|||
| State Ethics Commission | $50,000 | $0 | $50,000 |
Totals: |
$50,000 | $0 | $50,000 |
Inspector General |
|||
| Office of the Inspector General | $0 | $600,000 | $600,000 |
Totals: |
$0 | $600,000 | $600,000 |
Office of Campaign and Political Finance |
|||
| Office of Campaign and Political Finance |
$82,200 | $0 | $82,200 |
Totals: |
$82,200 | $0 | $82,200 |
Massachusetts Commission Against Discrimination |
|||
| Massachusetts Commission Against Discrimination |
$90,196 | $1,984,224 | $2,074,420 |
Totals: |
$90,196 | $1,984,224 | $2,074,420 |
Office of the State Comptroller |
|||
| Office of the State Comptroller | $494,108,432 | $0 | $494,108,432 |
Totals: |
$494,108,432 | $0 | $494,108,432 |
Office of the State Auditor |
|||
| Office of the State Auditor | $121,918 | $0 | $121,918 |
Totals: |
$121,918 | $0 | $121,918 |
Executive Office for Administration and Finance |
|||
| Executive Office for Administration and Finance |
$14,334,299 | $1,000,000 | $15,334,299 |
| Secretary of Administration and Finance |
$67,489,102 | $0 | $67,489,102 |
| Division of Capital Asset Management & Maintenance | $16,470,523 | $16,550,000 | $33,020,523 |
| Bureau of State Office Buildings | $171,833 | $0 | $171,833 |
| Civil Service Commission | $20,000 | $0 | $20,000 |
| Group Insurance Commission | $764,812,324 | $950,000 | $765,762,324 |
| Division of Administrative Law Appeals |
$127,500 | $0 | $127,500 |
| George Fingold Library | $0 | $0 | $0 |
| Department of Revenue | $207,364,495 | $6,547,280 | $213,911,775 |
| Appellate Tax Board | $2,004,499 | $400,000 | $2,404,499 |
| Human Resources Division | $3,000 | $2,031,977 | $2,034,977 |
| Operational Services Division | $2,304,000 | $3,168,167 | $5,472,167 |
| Information Technology Division | $0 | $637,000 | $637,000 |
| Public Employee Retirement Administration |
$179 | $0 | $179 |
Totals: |
$1,075,101,754 | $31,284,424 | $1,106,386,178 |
Executive Office of Energy & Environmental Affairs |
|||
| Executive Office of Energy & Environmental Affairs | $4,940,150 | $220,000 | $5,160,150 |
| Department of Environmental Protection |
$34,558,179 | $3,312,010 | $37,870,189 |
| Department of Fish and Game | $16,475,655 | $319,489 | $16,795,144 |
| Department of Agricultural Resources | $6,386,877 | $0 | $6,386,877 |
| Department of Conservation and Recreation |
$13,583,556 | $8,486,831 | $22,070,387 |
| Department of Public Utilities | $13,545,847 | $2,400,000 | $15,945,847 |
| Department of Energy Resources | $3,982,418 | $0 | $3,982,489 |
Totals: |
$93,472,682 | $14,738,330 | $108,211,012 |
Executive Office of Health and Human Services |
|||
| Department of Veterans' Services | $15,000 | $300,000 | $315,000 |
| Secretary of Health and Human Services |
$5,975,931,850 | $225,000,000 | $6,200,931,850 |
| Division of Health Care Finance and Policy |
$308,687,773 | $100,000 | $308,787,773 |
| Mass Commission for the Blind | $2,857,411 | $0 | $2,857,411 |
| Massachusetts Rehabilitation Commission |
$3,668,640 | $0 | $3,668,640 |
| Mass Commission for the Deaf | $127,981 | $0 | $127,981 |
| Chelsea Soldiers' Home | $11,554,205 | $360,000 | $11,914,205 |
| Holyoke Soldiers' Home | $12,084,553 | $380,000 | $12,464,553 |
| Department of Youth Services | $2,403,491 | $0 | $2,403,491 |
| Department of Transitional Assistance | $485,797,898 | $0 | $485,797,898 |
| Department of Public Health | $106,261,512 | $56,468,548 | $162,730,060 |
| Department of Children and Families | $192,893,736 | $4,100,000 | $196,993,736 |
| Department of Mental Health | $102,921,919 | $125,000 | $103,046,919 |
| Department of Developmental Services |
$444,006,455 | $150,000 | $444,156,455 |
| Department of Elder Affairs | $1,388,518,524 | $0 | $1,388,518,524 |
Totals: |
$9,038,980,948 | $286,983,548 | $9,325,964,496 |
Massachusetts Department of Transportation |
|||
| Massachusetts Department of Transportation | $512,795,300 | $0 | $512,795,300 |
Totals: |
$512,795,300 | $0 | $512,795,300 |
Board of Library Commissioners |
|||
| Board of Library Commissioners | $2,000 | $0 | $2,000 |
Totals: |
$2,000 | $0 | $2,000 |
Executive Office of Housing and Economic Development |
|||
| Department of Housing & Community Development |
$2,602,560 | $2,323,853 | $4,926,413 |
| Office of Consumer Affairs and Business | $1,435,180 | $500,000 | $1,935,180 |
| Division of Banks | $21,637,822 | $2,650,000 | $24,287,822 |
| Division of Insurance | $77,427,484 | $0 | $77,427,484 |
| Division of Professional Licensure | $15,477,088 | $0 | $15,477,088 |
| Division of Standards | $1,634,580 | $428,751 | $2,063,331 |
| Department of Telecommunications and Cable | $4,978,385 | $0 | $4,978,385 |
Totals: |
$125,193,099 | $5,902,604 | $131,095,703 |
Executive Office of Labor and Workforce Development |
|||
| Department of Workforce Development |
$314,005 | $0 | $314,005 |
| Department of Labor | $2,273,912 | $452,850 | $2,726,762 |
| Division of Industrial Accidents | $24,055,200 | $0 | $24,055,200 |
| Division of Labor Relations | $105,967 | $100,000 | $205,967 |
Totals: |
$26,749,084 | $552,850 | $27,301,934 |
Executive Office of EducationEducation |
|||
| Department of Early Education and Care | $198,499,199 | $0 | $198,499,199 |
| Department of Elementary and Secondary Education | $7,786,500 | $0 | $7,786,500 |
| University of Massachusetts | $46,662,309 | $0 | $46,662,309 |
| Bridgewater State College | $3,043,997 | $0 | $3,043,997 |
| Fitchburg State College | $3,171,228 | $0 | $3,171,228 |
| Framingham State College | $2,478,160 | $0 | $2,478,160 |
| Massachusetts College of Liberal Arts |
$371,415 | $0 | $371,415 |
| Salem State College | $3,511,560 | $0 | $3,511,560 |
| Westfield State College | $2,749,770 | $0 | $2,749,770 |
| Worcester State College | $2,793,692 | $0 | $2,793,692 |
| Massachusetts Maritime Academy | $318 | $0 | $318 |
| Berkshire Community College | $289,833 | $0 | $289,833 |
| Bristol Community College | $715,010 | $0 | $715,010 |
| Cape Cod Community College | $594,030 | $0 | $594,030 |
| Greenfield Community College | $347,661 | $0 | $347,661 |
| Holyoke Community College | $999,417 | $0 | $999,417 |
| Mass Bay Community College | $1,168,852 | $0 | $1,168,852 |
| Massasoit Community College | $979,538 | $0 | $979,538 |
| 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 | $520,316 | $0 | $520,316 |
| Springfield Technical Community College |
$1,041,234 | $0 | $1,041,234 |
| Roxbury Community College | $243,750 | $529,843 | $773,593 |
| Middlesex Community College | $594,522 | $0 | $594,522 |
| Bunker Hill Community College | $1,467,443 | $0 | $1,467,443 |
Totals: |
$282,123,933 | $529,843 | $282,653,776 |
Executive Office of Public Safety and Security |
|||
| Office of the Chief Medical Examiner | $1,610,000 | $2,100,000 | $3,710,000 |
| Criminal History Systems Board | $9,581,200 | $0 | $9,581,200 |
| Department of State Police | $625,317 | $32,016,200 | $32,641,517 |
| Department of Public Safety | $19,713,517 | $5,590,182 | $25,303,699 |
| Department of Fire Services | $22,357,300 | $25,000 | $22,382,300 |
| Merit Rating Board | $15,000 | $0 | $15,000 |
| Military Division | $2,500 | $1,400,000 | $1,402,500 |
| Municipal Police Training Committee | $2,000 | $450,000 | $452,000 |
| Emergency Management Agency | $710,021 | $0 | $710,021 |
| Department of Corrections | $12,243,447 | $5,600,000 | $17,843,447 |
| Parole Board | $440,000 | $600,000 | $1,040,000 |
Totals: |
$67,300,302 | $47,781,382 | $115,081,684 |
Sheriffs |
|||
| Sheriff's Department Hampden | $789,000 | $3,344,458 | $4,294,423 |
| Sheriff's Department Worcester | $109,500 | $0 | $109,500 |
| Sheriff's Department Middlesex | $219,000 | $950,000 | $1,169,000 |
| Sheriff's Department Franklin | $64,860 | $2,100,000 | $2,164,860 |
| Sheriff's Department Hampshire | $34,200 | $250,000 | $284,200 |
| Sheriff's Department Essex | $643,600 | $2,000,000 | $2,643,600 |
| Sheriff's Department Berkshire | $50,000 | $1,300,000 | $1,350,000 |
| Sheriff's Department Association | $0 | $344,790 | $344,790 |
| Sheriff's Department Barnstable | $0 | $250,000 | $250,000 |
| Sheriff's Department Bristol | $1,500,000 | $6,500,000 | $8,000,000 |
| Sheriff's Department Dukes | $0 | $0 | $0 |
| Sheriff's Department Nantucket | $0 | $0 | $0 |
| Sheriff's Department Norfolk | $0 | $2,500,000 | $2,500,000 |
| Sheriff's Department Plymouth | $0 | $16,000,000 | $16,000,000 |
| Sheriff's Department Suffolk | $0 | $8,000,000 | $8,000,000 |
Totals: |
$3,410,160 | $43,700,213 | $47,110,373 |
| Total Non-Tax Revenue: | $12,480,772,957 | $1,314,760,025 | $13,795,532,982 |
SECTION 2.
JUDICIARY.
Supreme Judicial Court.
Governor reduced the following item by $263,440 and disapproved wording as indictated for message see H4840
0320-0003.. For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices......... $7,852,391 7,588,951
General Fund.............................................................................. 96.645%
FMAP Budget Relief Fund......................................................... 3.355%
Governor reduced the following item by $26,597 and disapproved wording as indictated for message see H4840
0320-0010.. For the operation of the clerk’s office of the supreme judicial court for Suffolk county..................................... $1,174,133 1,147,536
General Fund.............................................................................. 97.735%
FMAP Budget Relief Fund......................................................... 2.265%
0321-0001.. For the operation of the commission on judicial conduct . $512,657
Governor reduced the following item by $13,564 and disapproved wording as indictated for message see H4840
0321-0100.. For the services of the board of bar examiners ............................................................................................... $1,075,000 1,061,436
General Fund.............................................................................. 98.738%
FMAP Budget Relief Fund......................................................... 1.262%
Committee for Public Counsel Services.
Governor reduced the following item by $1,600,000 and disapproved wording as indictated for message see H4840
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, not later than January 31, 2011, that shall include, but not be limited to, the following: (a) the number of clients assisted by the committee in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population and cost; (c) the total number of persons who received legal services by the committee, by type of case and geographic location; (d) the costs for services rendered per client, by type of case and geographic location; (e) the amount paid, if any, to the committee by clients for services rendered, by type of case and geographic location; (f) the average cost for services rendered by the committee by type of case; and (g) the average number of hours spent per attorney or staff per type of case; provided further, that the committee shall submit a report to the house and senate committees on ways and means not later than January 31, 2011, on the progress of the public defender division; provided further, that said report shall include the following: (a) the number of offices that are in operation; (b) the number of staff hired to work in the district offices; and (c) the estimated savings the commonwealth has realized from having cases assigned to public defenders as opposed to being assigned to private bar advocates; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,20 district court attorneys shall be hired as authorized by section 5 of chapter 54 of the acts of 2005, and the committee for public counsel services shall hire: 7 superior court attorneys; 1 delinquency attorney and 1 additional auditor to the audit and oversight unit, and 7 new juvenile defender offices shall be opened in the following areas: Springfield/Holyoke, New Bedford/Fall River, Lowell/Lawrence, Brockton, Quincy, Cambridge/Somerville and Salem/Lynn, and the committee shall establish a murder trial and appeals unit and establish a mental health civil commitment unit, and an additional child and family law trial office shall be opened in the New Bedford/Fall River area and a child and family law appeals office shall be opened in the metropolitan Boston area, and 1 additional attorney shall be hired in both the Worcester and Pittsfield child and family law offices............... $33,855,081 32,255,081
General Fund.............................................................................. 95.274%
FMAP Budget Relief Fund......................................................... 4.726%
0321-1510.. For compensation paid to private counsel assigned to criminal and civil cases under paragraph (b) of section 6 of chapter 211D of the General Laws, pursuant to section 11 of said chapter 211D; provided, that not more than $2,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2011 $117,506,173
0321-1518.. For the chief counsel for the committee for public counsel services which may expend an amount not to exceed $750,000 from revenues collected from fees charged for attorney representation of indigent clients.................................................. $750,000
Governor reduced the following item by $1,100,000 and disapproved wording as indictated for message see H4840
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 2011........................................... $13,564,300 12,464,300
General Fund.............................................................................. 91.890%
FMAP Budget Relief Fund......................................................... 8.110%
Massachusetts Legal Assistance Corporation.
0321-1600.. For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 28, 2011 that shall include, but not be limited to, the following: (a) the number of persons whom the programs funded by the corporation assisted in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population and cost; and (c) the total number of indigent or otherwise disadvantaged residents of the commonwealth who received services of the corporation, by type of case and geographic location; provided further, that the corporation may contract with any organization for the purpose of providing the representation; and provided further, that notwithstanding the first paragraph of section 9 of chapter 221A of the General Laws, funds shall be expended for the Disability Benefits Project, the Medicare Advocacy Project, and the Battered Women’s Legal Assistance Project ....................................... $9,500,000
Mental Health Legal Advisors.
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........................................... ....... $707,599
Prisoners’ Legal Services.
0321-2100.. For Prisoners’ Legal Services, formerly known as the Massachusetts correctional legal services committee.................... $902,016
Social Law Library.
0321-2205.. For the expenses of the social law library located in Suffolk county....................................................... $1,000,000
Appeals Court.
Governor reduced the following item by $222,064 and disapproved wording as indictated for message see H4840
0322-0100.. For the appeals court, including the salaries, traveling allowances and expenses of the chief justice, recall judges and the associate justices ...................................................... $10,730,031 10,507,967
General Fund.............................................................................. 97.930%
FMAP Budget Relief Fund......................................................... 2.070%
Trial Court.
Governor reduced the following item by $709,674 and disapproved wording as indictated for message see H4840
0330-0101.. For the salaries of the justices of the 7 departments of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfer of funds from this item to any other item of appropriation within 30 days of the transfer...................................................... $49,836,452 49,126,778
General Fund.............................................................................. 98.576%
FMAP Budget Relief Fund......................................................... 1.424%
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 agreements, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rentals and leases, operation of courthouse facilities, rental of county court facilities, witness fees, printing expenses, equipment maintenance and repairs, the court interpreter program, insurance and chargeback costs, the Massachusetts sentencing commission, permanency mediation services, alternative dispute resolution, court security and judicial training; provided, that the chief justice for administration and management shall submit a report to the house and senate committees on ways and means not later than February 1, 2011, detailing the number of court officers, per diem court officers and security personnel located in each trial court of the commonwealth; provided further, that the chief justice for administration and management may expend funds for guardian ad litem services; provided further, that notwithstanding any general or special law to the contrary, the chief justice for administration and management shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means 90 days prior to the temporary closure or temporary relocation of courthouses; provided further, that said report shall include, but not be limited to, the transfer of personnel, the reallocation of resources, the impact on other courthouses resulting from the temporary closure of said court and other factors that may affect implementation of said temporary closure; 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 of the General Laws, or any other general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any such veteran who holds a trial court office or position in the service of the commonwealth not classified under chapter 31 of the General Laws, 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 of the General Laws; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that the report shall include, but not be limited to, the number of cases in which the assessment was reduced or waived by a judge or clerk-magistrate within the courts; and provided further, that the report shall be submitted to the victim and witness assistance board on or before January 10, 2011.......................................... ....................................... .......... $188,247,375
0330-3333.. For the chief justice for administration and management who may expend for the operation of the trial court an amount not to exceed $27,000,000 from fees charged and collected pursuant to section 3 of chapter 90C of the General Laws, section 22 of chapter 218 of the General Laws and sections 2, 4A, 4B, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that a schedule detailing the full allotment of said $27,000,000 shall be submitted to the house and senate committees on ways and means not later than January 31, 2011; provided further, that the first $53,000,000 of revenue received from the fees shall be deposited in the General Fund and not retained; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of 1/2 of this authorization or the most recent revenue estimate, as reported in the state accounting system........................................... ....................................... ....... $27,000,000
0330-3334.. For the chief justice for administration and management who may expend for the operation of the department an amount not to exceed $26,000,000 from fees charged and collected under section 87A of chapter 276 of the General Laws; provided, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made; and provided further, that a schedule detailing the full allotment of said $26,000,000 shall be submitted to the house and senate committees on ways and means not later than January 31, 2011................................. $26,000,000
0330-3337.. For additional expenses associated with the operation of the trial court; provided, that a schedule detailing all transfers shall be submitted to the house and senate committees on ways and means not later than January 31, 2011.................................. $9,300,000
Superior Court Department.
Governor reduced the following item by $862,708 and disapproved wording as indictated for message see H4840
0331-0100.. For the operation of the superior court department; provided, that funds shall be expended for the medical malpractice tribunals in accordance with section 60B of chapter 231 of the General Laws; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .......................... $20,845,577 19,982,869
General Fund.............................................................................. 95.861%
FMAP Budget Relief Fund......................................................... 4.139%
District Court Department.
Governor reduced the following item by $1,684,638 and disapproved wording as indictated for message see H4840
0332-0100.. For the operation of the district court department, including a civil conciliation program; provided, that notwithstanding the provisions of any general or special law to the contrary, the district court of Chelsea shall be the permanent location for the northern trial session to handle 6 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 ............................... $34,570,850 32,886,212
General Fund.............................................................................. 95.127%
FMAP Budget Relief Fund......................................................... 4.873%
Probate and Family Court Department.
Governor reduced the following item by $756,371 and disapproved wording as indictated for message see H4840
0333-0002.. For the operation of the probate and family court department ....................................... $17,818,433 17,062,062
General Fund.............................................................................. 95.755%
FMAP Budget Relief Fund......................................................... 4.245%
Land Court Department.
Governor reduced the following item by $82,207 and disapproved wording as indictated for message see H4840
0334-0001.. For the operation of the land court department ............................................................... $2,127,067 2,044,860
General Fund.............................................................................. 96.135%
FMAP Budget Relief Fund......................................................... 3.865%
Boston Municipal Court Department.
Governor reduced the following item by $363,934 and disapproved wording as indictated for message see H4840
0335-0001.. For the operation of the Boston municipal court department ....................................... $6,490,437 6,126,503
General Fund.............................................................................. 94.393%
FMAP Budget Relief Fund......................................................... 5.607%
Housing Court Department.
Governor reduced the following item by $187,703 and disapproved wording as indictated for message see H4840
0336-0002.. For the operation of the housing court department ......................................... ... $3,785,326 3,597,623
General Fund.............................................................................. 95.041%
FMAP Budget Relief Fund......................................................... 4.959%
Juvenile Court Department.
Governor reduced the following item by $1,484,704 and disapproved wording as indictated for message see H4840
0337-0002.. For the operation of the juvenile court department; provided, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,the department shall not reduce the amount allocated to the CASA programs as appearing in items 0337-0300, 0337-0400, 0337-0500, 0337-0600, 0337-0700, 0337-0800, 0337-0900 of section 2 of chapter 182 of the acts of 2008 ....................................... ....................................... $10,548,516 9,063,812
General Fund.............................................................................. 85.925%
FMAP Budget Relief Fund....................................................... 14.075%
Office of the Commissioner of Probation.
Governor reduced the following item by $2,230,659 and disapproved wording as indictated for message see H4840
0339-1001.. For the office of the commissioner of probation; provided, that notwithstanding any general or special law or rule or regulation to the contrary, the commissioner, subject to appropriation, 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 associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service, subject to collective bargaining agreements, to perform intensive, community-based supervision of probationers, including the intensive supervision and community restraint services described in item 0339-1003; provided further, that funds from this item shall be expended for the costs associated with full implementation of chapter 303 of the acts of 2006 and chapter 418 of the acts of 2006 to ensure effective supervision of probationers who are monitored through global positioning system bracelets; provided further, that no funds shall be expended from this item to cover the costs of building leases; provided further, that 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 use the department’s wage reporting and bank match system for the purpose of weekly tape-matching to determine an individual’s eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports to the joint committee on the judiciary and the house and senate committees on ways and means detailing the progress of eligibility verification with the department; provided further, that the report shall include, but not be limited to: (a) the number of individuals determined to be indigent, (b) the number of individuals determined not to be indigent; (c) the number of individuals to be found misrepresenting assets; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency, as defined in section 2 ½ of said chapter 211D; (e) the revenue generated through collection of indigent client fees; (f) the average indigent client fee that each court division collects per case since the effective date of this act; (g) the number of indigency client fees collected and the number waived on a monthly basis by court division and individual court; (h) recommendations on improvements in verifying eligibility for counsel; and (i) other pertinent information to ascertain the effectiveness of verification; and provided further, that the information within such report shall be delineated by court division............................................. $121,638,285 119,407,626
General Fund.............................................................................. 98.166%
FMAP Budget Relief Fund......................................................... 1.834%
Governor reduced the following item by $2,495,731 and disapproved wording as indictated for message see H4840
0339-1003.. For the operation of the office of community corrections, including the costs of personnel; provided, that funds shall be expended for the costs of intensive supervision and community corrections programs; provided further, that the programs shall include, but not be limited to, tracking, community service, educational assistance, drug and alcohol testing and treatment, curfew enforcement, home confinement, day reporting, means-tested fines, restitution and community incapacitation or restraint; provided further, that the number of placements in the programs shall not exceed a daily average goal of 5,000 intensively-supervised probationers; provided further, that funds from this item shall be expended to cover the costs of the programs that are undertaken and administered by court probation offices and county sheriffs’ offices; provided further, that funds shall be expended to such programs in each county in fiscal year 2011; provided further, that the executive director of the office of community corrections shall enter into interagency service agreements and memoranda of understanding with the probation offices and sheriffs’ offices for the provision of such programs, including the contracting for detention space for probationers arrested for violating probation and awaiting court action and detention space for probationers who have been ordered by the trial court to be supervised at a higher level of restraint; provided further, that such agreements and memoranda shall be entered into at the direction of the executive director; provided further, that the executive director shall submit a spending and management plan for the programs to the house and senate committees on ways and means not later than January 31, 2011; provided further, that the plan shall include the projected number of probationers to be served by each program and a description of the oversight and services provided to the probationers; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, funds shall be expended to operate the community correctins facilities that ceased operations on November 1, 2009, at their existing locations for the full fiscal year................................................................................................................................................. $24,005,668 21,509,937
General Fund.............................................................................. 89.604%
FMAP Budget Relief Fund....................................................... 10.396%
Governor disapproved the following item for message see H4840
0339-1007.. For the provision of substance abuse testing services; provided, that the commissioner of the office of probation shall transfer funds from this item to 0339-1001, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer.......................................... $500,000
Substance Abuse Prevention and Treatment Fund.......................... 100.000%
Governor reduced the following item by $94,825 for message see H4840
0339-1009.. For the provision of substance abuse testing services; provided, that the executive director of the office of community corrections shall transfer funds from this item to 0339-1003, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer...................................... $1,094,825 1,000,000
Substance Abuse Prevention and Treatment Fund.......................... 100.000%
0339-2100.. For the office of the jury commissioner in accordance with chapter 234A of the General Laws.................................... $2,398,691
Suffolk District Attorney.
Governor reduced the following item by $151,884 and disapproved wording as indictated for message see H4840
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that funds may be expended for youth violence prevention initiatives; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ............................................. $15,288,357 15,136,473
General Fund.............................................................................. 99.007%
FMAP Budget Relief Fund......................................................... 0.993%
0340-0101.. For the overtime costs of state police officers assigned to the Suffolk district attorney’s office .............................. $337,431
Middlesex District Attorney.
Governor reduced the following item by $130,385 and disapproved wording as indictated for message see H4840
The Legislature overrode the Governor's veto.
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ............................................. $13,038,535
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0201.. For the overtime costs of state police officers assigned to the Middlesex district attorney’s office .................... $491,890
Eastern District Attorney.
Governor reduced the following item by $80,111 and disapproved wording as indictated for message see H4840
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 January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association no later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $8,011,056 7,930,945
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0301.. For the overtime costs of state police officers assigned to the Eastern district attorney’s office .............................. $480,334
Worcester District Attorney.
Governor reduced the following item by $84,665 and disapproved wording as indictated for message see H4840
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $8,466,451 8,381,786
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0401.. For the overtime costs of state police officers assigned to the Worcester district attorney’s office .................... $393,809
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 $400,000
Governor disapproved the following item for message see H4840
The Legislature overrode the Governor's veto
0340-0420.. For the costs associated with moving the Worcester District Attorney’s Office................................................... $267,000
Hampden District Attorney.
Governor reduced the following item by $76,231 and disapproved wording as indictated for message see H4840
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; and provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $7,623,079 7,546,848
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0501.. For the overtime costs of state police officers assigned to the Hampden district attorney’s office .............................. $323,713
Hampshire/Franklin District Attorney.
Governor reduced the following item by $47,464 and disapproved wording as indictated for message see H4840
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in said fiscal years; and (c) the balance of the trust fund as of January 1, 2011; and provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $4,746,396 4,698,932
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0601.. For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney’s office ........... $280,236
Norfolk District Attorney.
Governor reduced the following item by $78,101 and disapproved wording as indictated for message see H4840
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $7,810,091 7,731,990
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0701.. For the overtime costs of state police officers assigned to the Norfolk district attorney’s office .............................. $406,958
Plymouth District Attorney.
Governor reduced the following item by $67,746 and disapproved wording as indictated for message see H4840
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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $6,774,559 6,706,813
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0801.. For the overtime costs of state police officers assigned to the Plymouth district attorney’s office .............................. $409,373
Bristol District Attorney.
Governor reduced the following item by $70,486 and disapproved wording as indictated for message see H4840
0340-0900.. For the Bristol district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer .............................................. $7,048,574 6,978,088
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-0901.. For the overtime costs of state police officers assigned to the Bristol district attorney’s office .............................. $310,779
Governor disapproved the following item for message see H4840
0340-0902.. For the costs associated with relocating to the new district court house in Fall River............................................. $75,000
FMAP Budget Relief Fund..................................................... 100.000%
Cape and Islands District Attorney.
Governor reduced the following item by $34,454 and disapproved wording as indictated for message see H4840
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 the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts’ District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................ $3,445,389 3,410,935
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-1001.. For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office ...................... $265,462
Berkshire District Attorney.
Governor reduced the following item by $33,549 and disapproved wording as indictated for message see H4840
0340-1100.. For the Berkshire district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the drug task force and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer; and provided further, that funds shall be expended for the operation and management of the Berkshire County Drug Task Force ................................ $3,354,920 3,321,371
General Fund.............................................................................. 99.000%
FMAP Budget Relief Fund......................................................... 1.000%
0340-1101.. For the overtime costs of state police officers assigned to the Berkshire district attorney’s office .................... $204,882
Governor disapproved the following item for message see H4840
0340-1102.. For costs associated with moving the Berkshire District Attorney’s office.................................................... $65,740
FMAP Budget Relief Fund..................................................... 100.000%
DISTRICT ATTORNEYS ASSOCIATION.
Governor reduced the following item by $490,469 and disapproved wording as indictated for message see H4840
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 may contribute a portion of their fiscal year 2011 appropriation to the Massachusetts District Attorneys Association in order to alleviate the cost of the case management and tracking system as well as the cost of data lines associated with the district attorneys’ computer network; provided further, that the department shall work in conjunction with the disabled persons protection commission and the 11 district attorneys’ offices to prepare a report that shall include, but not be limited to, the following: (a) the number of abuse cases that are referred to each district attorney 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 district attorneys office that remain open as of the date for submission of said report; and (d) the number of cases resulting in a criminal prosecution, and the disposition of each such prosecution; provided further, that said report shall be submitted to the house and senate committees on ways and means on or before March 14, 2011; provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item; provided further, that the association shall work in conjunction with the 11 district attorneys’ offices to prepare and submit a report to the house and senate committees on ways and means not later than February 28, 2011, summarizing the number and types of criminal cases managed or prosecuted by all district attorneys’ offices in calendar year 2010 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of the 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 attorneys’ offices to prepare and submit a report to the house and senate committees on ways and means not later than February 28, 2011, detailing all district attorney offices’ 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) amount of the funds deposited into an office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2011; and provided further, that the department shall work together with the 11 district attorneys’ offices to submit a report to the house and senate committees on ways and means not later than January 31, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; and provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program at each of the 11 district attorneys’ offices; (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 ........................................................ ....................................... .......... $1,580,958 1,090,489
General Fund.............................................................................. 68.976%
FMAP Budget Relief Fund....................................................... 31.024%
Governor reduced the following item by $38,534 and disapproved wording as indictated for message see H4840
0340-8908.. For the costs associated with maintaining the Massachusetts District Attorneys Association’s wide area network ............. $1,254,371 1,215,837
General Fund.............................................................................. 96.928%
FMAP Budget Relief Fund......................................................... 3.072%
EXECUTIVE.
Governor reduced the following item by $89,470 and disapproved wording as indictated for message see H4840
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 intellectual disability; provided further, that funds may be expended for the governor’s development coordinating council; and provided further, that the advisory council on Alzheimer’s disease and related disorders, as established in the office of the governor by section 379 of chapter 194 of the acts of 1998 and section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2011 .................................................. $4,470,431 4,380,961
General Fund.............................................................................. 97.999%
FMAP Budget Relief Fund......................................................... 2.001%
0411-1005.. For the operation of the office of the child advocate ....................................... ....................................... ... $243,564
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 secretary may transfer funds between items 0540-0900, 0540-1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800, 0540-1900, 0540-2000 and 0540-2100 pursuant to an allocation schedule filed with the house and senate committees on ways and means not less than 30 days before the transfer; provided further, that each register of deeds using electronic record books shall ensure that all methods of electronically recording instruments conform to the regulations or standards established by the secretary of state and the records conservation board; and provided further, that those regulations shall be issued not later than June 30, 2011........................................................................ ........ $6,033,086
0511-0001.. For the secretary of state who may expend revenues not to exceed $30,000 from the sale of merchandise at the Massachusetts state house gift shop for the purpose of replenishing and restocking gift shop inventory .......................................................... $30,000
0511-0002.. For the operation of the corporations division; provided, that the division shall implement a corporate dissolution program which shall have a specific focus on limited liability corporations and limited liability partnerships that have failed in their statutory responsibility to file an annual report; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the total number of annual reports filed as a result of this program and the amount of revenue generated for the commonwealth............................................. $254,213
0511-0200.. For the operation of the archives division................................................. ....... $378,121
0511-0230.. For the operation of the records center.................................................... ...... $36,217
0511-0250.. For the operation of the archives facility..................................................... .... $296,521
0511-0260.. For the operation of the commonwealth museum...............................................$243,684
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 United States census data and to prepare annual population estimates.................................... $621,750
Governor reduced the following item by $14,450 and disapproved wording as indictated for message see H4840
0511-0420.. For the operation of the address confidentiality program. ....................................... $145,308 130,858
General Fund.............................................................................. 90.056%
FMAP Budget Relief Fund......................................................... 9.944%
0517-0000.. For the printing of public documents................................................. ........... $600,000
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; and provided further, that the registration and education activities may be conducted by community-based voter registration and education organizations................................ $7,642,958
Governor reduced the following item by $61,852 and disapproved wording as indictated for message see H4840
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 February 1, 2011.......................... $5,684,747 5,622,895
General Fund.............................................................................. 98.912%
FMAP Budget Relief Fund......................................................... 1.088%
0524-0000.. For providing information to voters.................................................. ....................................... ......... $1,257,044
0526-0100.. For the operation of the Massachusetts historical commission ..................... ....................................... $750,000
0527-0100.. For the operation of the ballot law commission............................................ ....................................... $10,545
0528-0100.. For the operation of the records conservation board.......................................... .................................. $34,056
0540-0900.. For the registry of deeds located in the city of Lawrence in the former county of Essex................................. $1,048,798
0540-1000.. For the registry of deeds located in the city of Salem in the former county of Essex........................................ $2,787,199
0540-1100.. For the registry of deeds in the former county of Franklin ....................................... ...................................... $463,183
Governor reduced the following item by $21,337 and disapproved wording as indictated for message see H4840
0540-1200.. For the registry of deeds in the former county of Hampden ....................................... .................................... $1,715,255 1,693,918
General Fund.............................................................................. 98.756%
FMAP Budget Relief Fund......................................................... 1.244%
0540-1300.. For the registry of deeds in the former county of Hampshire ....................................... ....................................... $486,003
0540-1400.. For the registry of deeds located in the city of Lowell in the former county of Middlesex.................................... $1,148,053
Governor reduced the following item by $4,078 and disapproved wording as indictated for message see H4840
0540-1500.. For the registry of deeds located in the city of Cambridge in the former county of Middlesex.................................... $2,968,008 2,963,930
General Fund.............................................................................. 99.863%
FMAP Budget Relief Fund......................................................... 0.137%
Governor reduced the following item by $3,267 and disapproved wording as indictated for message see H4840
0540-1600.. For the registry of deeds located in the town of Adams in the former county of Berkshire...................................... $261,391 258,124
General Fund.............................................................................. 98.750%
FMAP Budget Relief Fund......................................................... 1.250%
Governor reduced the following item by $9,981 and disapproved wording as indictated for message see H4840
0540-1700.. For the registry of deeds located in the city of Pittsfield in the former county of Berkshire............................... $440,593 430,612
General Fund.............................................................................. 97.735%
FMAP Budget Relief Fund......................................................... 2.265%
Governor reduced the following item by $3,821 and disapproved wording as indictated for message see H4840
0540-1800.. For the registry of deeds located in the town of Great Barrington in the former county of Berkshire............................... $218,987 215,166
General Fund.............................................................................. 98.255%
FMAP Budget Relief Fund......................................................... 1.745%
Governor reduced the following item by $37,878 and disapproved wording as indictated for message see H4840
0540-1900.. For the registry of deeds in the former county of Suffolk ....................................... ....................................... $1,815,405 1,777,527
General Fund.............................................................................. 97.914%
FMAP Budget Relief Fund......................................................... 2.086%
Governor reduced the following item by $8,893 and disapproved wording as indictated for message see H4840
0540-2000.. For the registry of deeds located in the city of Fitchburg in the former county of Worcester...................................... $681,218 672,325
General Fund.............................................................................. 98.695%
FMAP Budget Relief Fund......................................................... 1.305%
0540-2100.. For the registry of deeds located in the city of Worcester in the former county of Worcester.................................... $2,228,331
TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver General.
0610-0000.. 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 the treasurer’s office shall submit a report to the victim and witness assistance board which details the amount of assessments transmitted to the treasurer during the previous calendar year on a monthly basis from the courts, the registrar of motor vehicles and the sheriff or superintendent of any correctional facility pursuant to section 8 of chapter 258B; provided further, that the report shall be submitted to the board on or before January 14, 2011; provided further, that funds may be expended for the payment of bank fees; provided further, that financial assistance shall be made available to injured firefighters; and provided further, that the treasurer’s office shall pay half of the administrative costs of the municipal finance oversight board from this item........................................... ....................................... .................................... $9,220,211
0610-0050.. 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 the commission shall seek out matching federal dollars and apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages....................................................... $1,993,336
Governor reduced the following item by $100,000 and disapproved wording as indictated for message see H4840
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 March 2, 2011 detailing the results of said program ............................................. ........ $200,000 100,000
General Fund.............................................................................. 50.000%
FMAP Budget Relief Fund....................................................... 50.000%
0610-0140.. For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the General Fund and the Commonwealth Stabilization Fund investments............................................... $21,582
0610-2000.. 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 $100,000 for costs incurred in the administration of these payments; and provided further, that the treasurer shall notify the house and senate committees on ways and means upon the expenditure of the funds appropriated herein....................... $3,155,604
0611-1000.. For bonus payments to war veterans............................................... ....................................... .. $44,500
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 ........................... $100,000
Lottery Commission.
0640-0000.. For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that positions funded by this item shall not be subject to chapters 30 and 31 of the General Laws; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund ..............................................................................................................................$76,707,174
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 .......................................... $2,715,484
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 .......................................... $2,000,000
0640-0096.. For the purpose of the commonwealth’s fiscal year 2011 contributions to the health and welfare fund established pursuant to the collective-bargaining agreement between the lottery commission and the service employees international union, Local 888, AFL-CIO; provided, that the contributions shall be paid to the trust fund on such basis as the collective bargaining agreement provides; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ..........................................$355,945
MASSACHUSETTS CULTURAL COUNCIL.
Governor reduced the following item by $150,946 and disapproved wording as indictated for message see H4840
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 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; and provided further, that funding provided in this item shall be in addition to $3,000,000 in funding from the Massachusetts Development Finance Authority made available for the Massachusetts cultural council ........................ $6,249,712 6,098,766
General Fund.............................................................................. 97.585%
FMAP Budget Relief Fund......................................................... 2.415%
Debt Service.
Governor reduced the following item by $700,004 and disapproved wording as indictated for message see H4840
0699-0015.. For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth; provided, that notwithstanding any general or special law to the contrary, the state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item, items 0699-9100, 0699-2004 and 0699-0016; provided further, that the payments shall pertain to the bonds, notes, or other obligations authorized to be paid from each item; provided further, that notwithstanding any general or special law to the contrary, the comptroller may transfer the amounts that would otherwise be unexpended on June 30, 2011, from item 0699-0015 to items 0699-9100, 0699-2004 and 0699-0016 or from items 0699-9100, 0699-2004 and 0699-0016 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2011; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; and provided further, that payments on bonds issued pursuant to section 2O of said chapter 29 shall be paid from this item and shall be charged to the Infrastructure sub-fund of the Commonwealth Transportation Fund................................................... $1,629,810,807 1,629,110,803
General Fund............................................................................ 51.947%
FMAP Budget Relief Fund.......................................................... 0.043%
Commonwealth Transportation Fund...................................... 48.010%
Governor reduced the following item by $25,000,000 for message see H4840
0699-0016.. For the payment of interest, discount and principal on certain indebtedness incurred under chapter 233 of the acts of 2008 for financing the accelerated bridge program.................................................................................................. $39,979,615 14,979,615
Commonwealth Transportation Fund................................. 100.00%
0699-2004.. For the payment of interest, discount and principal on certain indebtedness which may be incurred for financing the central artery/third harbor tunnel funding shortfall.............................................................................................. $90,085,000
Commonwealth Transportation Fund................................. 100.000%
0699-9100.. For the payment of costs associated with any bonds, notes or other obligations of the commonwealth, including issuance costs, interest on bonds, bond and revenue anticipation notes, commercial paper, and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws and for the payment to the United States pursuant to section 148 of the Internal Revenue Code of 1986 of any rebate amount or yield reduction payment owed with respect to any bonds or notes or other obligations of the commonwealth; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of costs among the various funds of the commonwealth; provided further, that the comptroller shall charge costs to the funds in accordance with the schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June 30, 2011 shall be charged to the various funds or to the General Fund or Commonwealth Transportation Fund debt service reserves...................................................... $66,791,390
0699-9101.. For the purpose of depositing with the trustee under the trust agreement authorized in section 10B of chapter 11 of the acts of 1997, an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund............................................................................................................................ $35,845,000
Commonwealth Transportation Fund................................. 100.000%
Department of Veterans’ Services.
Governor reduced the following item by $25,000 and disapproved wording as indictated for message see H4840
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, the secretary of veterans’ services shall submit a report to the joint committee on veterans and federal affairs and the house and senate committees on ways and means not later than December 1, 2010, on the effectiveness and efficiency of creating a program of behavioral health career development for returning veterans under a federal yellow ribbon scholarship entitled “Train Vets To Treat Vets” in conjunction with the Massachusetts School of Professional Psychology; provided further, that the department may expend funds for the Glory 54th Brigade; 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, 2010 on the secretariat’s implementation of and the outreach efforts of the so-called “welcome home bill”; 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; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,not less than the amount expended in fiscal year 2009 shall be expended for the purpose of maintaining and rehabilitating Massachusetts Vietnam Veterans memorials............................. $2,158,506 2,133,506
General Fund.............................................................................. 98.842%
FMAP Budget Relief Fund......................................................... 1.158%
1410-0012.. For services to veterans, including the maintenance and operation of outreach centers; provided, that the department shall not reduce the amount allocated to a program or its successor listed in this item, in section 2 of chapter 27 of the acts of 2009; provided further, that funds shall not be expended for the Middleboro Veterans’ Outreach Center; provided further, that an amount equal to the amount of funds expended in fiscal year 2010 for the Middleboro Veterans’ Outreach Center shall be transferred to the Nathan Hale Foundation of Plymouth; provided further, that the centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; and provided further, that these centers shall provide services to veterans who were discharged after September 11, 2001, and their families................. $1,738,686
1410-0015.. For the women veterans’ outreach program................................................................................. $50,000
1410-0018.. For the department of veterans’ services which may expend not more than $300,000 for the maintenance and operation of Agawam and Winchendon veterans’ cemeteries from revenue collected from fees, grants, gifts or other contributions to the cemeteries; prior appropriation 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................................................................................................. $96,500
1410-0250.. For veterans’ homelessness services; provided, that the department shall not reduce the amount allocated to a program or its successor in section 2 of chapter 27 of the acts of 2009; and provided further, that the Western Massachusetts Bilingual Veterans Outreach Center shall be the successor to the Springfield Bilingual Veterans Outreach Center at the YMCA................................................... $2,083,073
1410-0251.. For the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Center for Homeless Veterans located in the city of Boston.............................................................................................................. $2,278,543
1410-0300.. 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 2011 shall not exceed the amount appropriated herein; and provided further, that the secretary of veterans’ services shall file with the house and senate committees on ways and means a report detailing the number of applications received for annuities offered under this program at the end of each fiscal quarter................................................................................................................................... $19,862,118
1410-0400.. 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; provided further, that training will be provided annually and on an as needed basis to veterans’ services organizations to make them aware of the provision of said chapter 115 and all other benefits to which a veteran or the veteran’s dependents may be entitled; provided further, that any person applying for veterans’ benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical assistance under said chapter 118E to minimize cost to 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 chapter 118E applications and advise the applicant and the veterans’ agent of the applicant’s eligibility for said chapter 118E healthcare; provided further, that the veterans’ agent shall advise the applicant of the right to assistance for medical benefits under said chapter 115 pending approval of the application for assistance under said chapter 118E by the executive office; provided further, that the secretary may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support; provided further, that payments to or on behalf of a veteran or dependent pursuant to said chapter 115 shall not be considered income for the purposes of determining eligibility under said chapter 118E; and provided further, that benefits awarded pursuant to section 6B of said chapter 115 shall be considered countable income ......................................................................................... $36,972,473
Governor reduced the following item by $46,685 and disapproved wording as indictated for message see H4840
1410-0630.. For the administration of the veterans’ cemeteries in the towns of Agawam and Winchendon.................................... $946,136 889,451
General Fund.............................................................................. 95.066%
FMAP Budget Relief Fund......................................................... 4.934%
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............................................................................................... $13,937,880
0710-0100.. For the operation of the division of local mandates................................................ $379,643
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................. $1,812,420
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 item shall not be less than 50 per cent; and provided further, that the division shall submit a report no later than December 1, 2010 to the house and senate committees on ways and means detailing all findings on activities and payments made through the MassHealth system........................................ $897,829
ATTORNEY GENERAL.
Office of the Attorney General.
0810-0000.. 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 assistance program shall be administered in accordance with chapters 258B and 258C of the General Laws; and provided further, that the attorney general shall submit to the general court and the secretary of administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0810-0004 indicating both the number and costs for each category of claim...................................................................................................... $22,705,260
0810-0004.. 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
Governor reduced the following item by $50,000 and disapproved wording as indictated for message see H4840
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.............. $390,676 340,676
General Fund.............................................................................. 87.202%
FMAP Budget Relief Fund....................................................... 12.798%
0810-0013.. For the office of the attorney general which may expend for a false claims program an amount not to exceed $575,000 from revenues collected from enforcement of the false claims law; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system................................................................................................................. $575,000
0810-0014.. For the operation of the department of public utilities proceedings unit within the office of the attorney general, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or special law to the contrary, the amount assessed under said section 11E of said chapter 12, shall equal the amount expended from this item and the associated fringe benefits costs for personnel paid from this item; and provided further, that funds shall be expended for the expenses of legal and technical personnel and associated administrative and travel expenses relative to participation in regulatory proceedings at the Federal Energy Regulatory Commission on behalf of Massachusetts ratepayers..................... $2,355,145
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 funds shall continue to be used specifically for the investigation and prosecution of abuse, neglect, mistreatment and misappropriation based on referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide training for all investigators of the department’s division of health care quality responsible for the investigations on a periodic basis pursuant to a comprehensive training program to be developed by the division and the unit; and provided further, that training shall include instruction on techniques for improving the efficiency and quality of investigations of abuse, neglect, mistreatment and misappropriation pursuant to said section 72H of said chapter 111....................................................... $3,814,923
Governor reduced the following item by $190,418 and disapproved wording as indictated for message see H4840
0810-0045.. For the labor law enforcement program pursuant to subsection (b) of section 1A of chapter 23 of the General Laws; provided, that notwithstanding any general or special law to the contrary, a non-management position funded by this item shall be considered a job title in a collective bargaining unit as prescribed by the labor relations commission and shall be subject to chapter 150E of the General Laws..................................... $3,121,902 2,931,484
General Fund.............................................................................. 93.901%
FMAP Budget Relief Fund......................................................... 6.099%
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 notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount expended from this item and the associated fringe benefits costs for personnel paid from this item; and provided further, that funds may be expended for costs associated with health insurance rate hearings....................................................... $1,539,942
0810-0338.. For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount appropriated by this item......................... $438,506
0810-0399.. For the investigation and prosecution of workers’ compensation fraud; provided, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount appropriated by this item; 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.
Governor reduced the following item by $39,823 and disapproved wording as indictated for message see H4840
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, 2011..................... $549,090 509,267
General Fund.............................................................................. 92.747%
FMAP Budget Relief Fund......................................................... 7.253%
Governor reduced the following item by $8,128 and disapproved wording as indictated for message see H4840
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 1, 2011, a report detailing the effectiveness of contracting for the program including, but not limited to, the number and type of incidents to which the advocates responded, the type of services and service referrals provided by the domestic violence advocates, the cost of providing such services and the extent of coordination with other service providers and state agencies................................................. $749,327 741,199
General Fund.............................................................................. 98.915%
FMAP Budget Relief Fund......................................................... 1.085%
STATE ETHICS COMMISSION.
0900-0100.. For the operation of the state ethics commission .............................................................. $1,731,122
OFFICE OF THE INSPECTOR GENERAL.
0910-0200.. For the operation of the office of the inspector general ........................................................$2,277,462
0910-0210.. For the office of the inspector general which may expend revenues collected up to a maximum of $600,000 from the fees charged to participants in the Massachusetts public purchasing official certification program and the certified public manager program for the operation of such programs; provided, that for the purpose of accommodating discrepancies between the receipts of retained revenues and related expenditures, the office of the inspector general may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ......................................................................................... $600,000
OFFICE OF CAMPAIGN AND POLITICAL FINANCE.
0920-0300.. For the operation of the office of campaign and political finance....................................................... $1,221,696
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 1, 2010, the commission shall submit to the house and senate committees on ways and means a report on the total number of all currently pending cases and the total number of the cases in the investigation, conciliation, post-probable cause and pre-public hearing and post-hearing stages; provided further, that the commission shall file an update of the report with the committees on or before March 7, 2011; provided further, that the commission shall identify in the reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which the Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means, on or before November 1, 2010, the number of cases pending before the commission in which a state agency or state authority is named as a respondent, specifying those cases in which the Massachusetts Bay Transportation Authority is named as a respondent, and the number of the cases in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the commission shall include in the report the total number of new cases filed in fiscal year 2010 and the total number of cases closed by the commission in fiscal year 2010; provided further, that funds made available in this item shall be in addition to funds available in item 0940-0101; provided further, that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the commission shall pursue the highest allowable rate of federal reimbursement................................................................ $2,543,312
0940-0101.. 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 2011 and federal reimbursements received for these and other programs in prior years; provided, that notwithstanding any general or special law to the contrary, the commission may also expend revenues generated through the collection of fees and costs so authorized; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.................................................................................................................... $1,930,054
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
COMMISSION ON THE STATUS OF WOMEN.
0950-0000.. For the commission on the status of women......................................................................... $70,000
COMMISSION ON GAY, LESBIAN, BISEXUAL AND TRANSGENDER YOUTH.
Governor disapproved the following item for message see H4840
0950-0050.. For the commission on gay, lesbian, bisexual and transgender youth; provided, that funds shall be used to address issues impacting gay and lesbian youth including, but not limited to, health disparities for gay, lesbian, bisexual and transgender youth, the support and safety of gay and lesbian students and related suicide and violence prevention efforts......................................................... $100,000
FMAP Budget Relief Fund..................................................... 100.000%
OFFICE OF THE STATE COMPTROLLER.
1000-0001.. For the office of the state comptroller; provided, that the amount of any federal funds and grant receipts credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary of administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services and the full-year estimate of revenues and revenues collected; provided further, that notwithstanding any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for such purpose; provided further, that 60 days before entering into any interdepartmental service agreement the comptroller shall notify the house and senate committees on ways and means; provided further, that the notification shall include, but not be limited to, a description of the project, the purpose and intent of the interdepartmental service agreement, a projection of the costs avoided in the current fiscal year, a copy of the contract with the private vendor including the proposed rate of compensation and any previous agreements related or similar to the new agreement with the above information; provided further, that payments to private vendors on account of such cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the 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 ............................................................................. $7,557,188
Executive Office for Administration and Finance.
Office of the Secretary of Administration and Finance.
Governor reduced the following item by $179,623 and disapproved wording as indictated for message see H4840
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 nondiscrimination and equal opportunity; provided further, that whenever noncompliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report the resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the Massachusetts commission against discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or noncompliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on labor and workforce development on or before December 1, 2010; and provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements ............................................................................................................................................$3,067,205 2,887,582
General Fund.............................................................................. 95.354%
FMAP Budget Relief Fund......................................................... 4.646%
Governor reduced the following item by $1,281,495 and disapproved wording as indictated for message see H4840
1100-1700.. For the provision of information technology services within the executive office for administration and finance....... $26,784,086 25,502,591
General Fund.............................................................................. 95.215%
FMAP Budget Relief Fund......................................................... 4.785%
Division of Capital Asset Management and Maintenance.
1102-3205.. For the division of capital asset management and maintenance which may expend for the maintenance and operation of the Massachusetts information technology center, the state transportation building and the Springfield state office building an amount not to exceed $16,250,000 in revenues collected from rentals, commissions, fees, parking fees and any other sources pertaining to the operations of said facilities; provided, that notwithstanding any general or special law to the contrary, and for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system.. $16,250,000
1102-3232.. For the division of capital asset management and maintenance; 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 continue to provide funding for all janitorial services at the same level provided in fiscal year 2010 for all the buildings under the jurisdiction of the state superintendent, and provided further; that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau .. $4,370,117
Governor reduced the following item by $537,124 and disapproved wording as indictated for message see H4840
1102-3302.. For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings $5,442,944 4,905,820
General Fund.............................................................................. 90.132%
FMAP Budget Relief Fund......................................................... 9.868%
Governor reduced the following item by $465,966 and disapproved wording as indictated for message see H4840
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 .................................. $774,000 308,034
General Fund.............................................................................. 80.815%
FMAP Budget Relief Fund....................................................... 19.185%
1102-3307.. For state house accessibility coordination, including communications access to public hearings and meetings; provided, that access shall include interpreter services for the deaf and hard of hearing $138,476
Office on Disability.
1107-2400.. For the Massachusetts office on disability............... $544,989
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 developmental services with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means no later than the last day of each quarter on the number of claims of abuse by caretakers made by employees or contracted service employees of the department of developmental services, the department of mental health, and the Massachusetts rehabilitation commission; provided further, that the report shall include: (a) the number of claims found to be substantiated; (b) the number of claims found to be unsubstantiated; and (c) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline shall be capable of being recorded, that all persons who call the hotline shall be immediately informed that all calls are routinely recorded and that each such person shall be provided with the opportunity to elect that the call not be recorded $2,174,159
Civil Service Commission.
1108-1011.. 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 provide for reimbursement to the General Fund; and provided further, that the civil service commission may assess a fee upon the appointing authority when inappropriate action has occurred................................................. $417,043
Group Insurance Commission.
1108-5100.. For the administration of the group insurance commission; provided, that the commission shall generate the maximum amounts allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws ............................... $2,445,379
1108-5200.. For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2011; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2011, and any unexpended balance in this item shall revert to the General Fund on June 30, 2011; provided further, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that funds may be expended from this item for the commonwealth’s share of group insurance premium and plan costs provided to employees and retirees in prior fiscal years; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A of the General Laws and for the purposes of section 14 of said chapter 32A, the commonwealth’s share of the group insurance premiums for state employees who have retired before July 1, 1994, shall be 90 per cent and the commonwealth’s share of the group insurance premiums for state employees who have retired on or after July 1, 1994, shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees hired on or before June 30, 2003 and their dependents shall be 80 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees hired after June 30, 2003 and their dependents shall be 75 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees who filed an application for retirement on or after August 7, 2009, and on or before October 1, 2009, for a retirement date not later than January 31, 2010, shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees who file an application for retirement after October 1, 2009, shall be 80 per cent until a different contribution rate is established under said section 8 of chapter 32A; provided further, that the commission shall notify the house and senate committees on ways and means by April 1 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; provided further, that the group insurance commission may pay premium and plan costs for municipal employees and retirees who are enrolled in the group insurance commission’s health plans pursuant to the commission’s regulations; and provided further, that in fiscal year 2011, the group insurance commission may pay for costs for employees of the office of a transferred sheriff remaining in the county health plan and other entities for the period ending not later than November 1, 2010. ................................................. $1,160,940,774
1108-5201.. 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 $950,000 from the revenue received from administrative fees associated with providing municipal health insurance coverage pursuant to said section 19 of said chapter 32B; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system......................................................... $950,000
1108-5350.. For elderly governmental retired employee premium payments .............................................................................$496,458
1108-5400.. For the costs of the retired municipal teachers premiums and the audit of such premiums...................................... $75,230,149
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 .............................................. $8,589,598
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; and provided further, that every decision issued by a commissioner or other head of agency, or designee, following the issuance of a recommended decision by an administrative law judge of the division, shall be an agency decision subject to judicial review pursuant to chapter 30A of the General Laws $1,097,910
George Fingold Library.
1120-4005 For the administration of the George Fingold Library ......................................................................................$786,237
Department of Revenue.
Governor reduced the following item by $5,034,340 and disapproved wording as indictated for message see H4840
1201-0100.. For the operation of the department of revenue, including tax collection administration and audits of certain foreign corporations and the division of local services; provided, that the department may allocate funds to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the costs of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department shall provide to the general court access to the municipal data bank; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; provided further, that seasonal positions funded by this account shall not be filled by an incumbent for more than 10 months within a 12-month period; provided further, that funds shall be expended for 1-time, nonrecurring grants to stampers related to the implementation of section 7B of chapter 64C of the General Laws and section 3A of chapter 64H of the General Laws; provided further, that the grants shall be awarded to stampers in accordance with regulations and procedures to be developed by the department; provided further, that in awarding these grants, the department shall prioritize these applications from stampers with a principal place of business in the commonwealth; provided further, that in awarding these grants, the department shall prioritize those applications from stampers who have already incurred implementation costs; and provided further that the department shall report to the house and senate committees on ways and means and the joint committee on revenue no later than September 30, 2010, on the regulations and procedures to be used in determining the grant awards.......................................... $85,503,884 80,469,544
General Fund.............................................................................. 95.322%
FMAP Budget Relief Fund......................................................... 4.678%
1201-0130.. For the department of revenue which may expend for the operation of the department not more than $18,230,000 from revenues collected by the additional auditors for an enhanced audit program; provided, that the auditors shall: (1) discover and identify persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth; (2) obtain such delinquent returns; and (3) collect such delinquent taxes for a prior fiscal year; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to, the following: (1) the amount of revenue produced from these additional auditors; and (2) the amount of revenue produced by this item in fiscal years 2007, 2008, 2009 and 2010 ........ $18,230,000
Governor reduced the following item by $465,664 for message see H4840
1201-0160.. For child support enforcement; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities, and those agencies may expend the funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of the funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for the network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system for federal incentives and said network in accounts 1201-0161, 1201-0410, and 1201-0412 .........................................$36,693,379 36,227,715
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
Governor disapproved the following item for message see H4840
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 not later than October 1, 2010 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 ....................................................................... $500,000
FMAP Budget Relief Fund..................................................... 100.000%
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, payment of approved claims shall be as follows: to claimant who owns, or formerly owned, at least 1 but not more than 2 dispensing facilities; then payment to claimant who owns 3 but not more than 5 facilities; then payment to claimant who owns 6 but not more than 9 facilities; then payment to claimant who owns more than 9 facilities; and provided further, that not more than 50 percent of this appropriation shall be allocated to approved claimants prior to January 1, 2011 ......................................$13,099,454
1232-0200.. 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, 2011 .................................................. $1,100,000
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 under clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Thirty-seventh, Thirty-seventh A, Forty-first, Forty-first B, Forty-first C, Forty-first C 1/2 and Fifty-second of section 5 of chapter 59 of the General Laws; provided further, that the commonwealth shall reimburse each city or town that accepts said clause Forty-first B or said clause Forty-first C for additional costs incurred in determining eligibility of applicants under those clauses in an amount not to exceed $2 per exemption granted; and provided further, that funds in this item shall be available for reimbursements to cities and towns for additional exemptions from the motor vehicle excise granted pursuant to the seventh paragraph of section 1 of chapter 60A of the General Laws...................................... $25,301,475
1233-2350.. For the distribution to cities and towns of the balance of the State Lottery Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional aid to municipalities, as provided for in section 3......... $898,980,293
Governor reduced the following item by $2,000,000 and disapproved wording as indictated for message see H4840
1233-2400.. 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.......................................... $27,270,000 25,270,000
General Fund.............................................................................. 92.666%
FMAP Budget Relief Fund......................................................... 7.334%
Appellate Tax Board.
Governor reduced the following item by $10,423 and disapproved wording as indictated for message see H4840
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, 2010, on the number of hearings held at each location.. $1,736,891 1,726,468
General Fund.............................................................................. 99.400%
FMAP Budget Relief Fund......................................................... 0.600%
1310-1001.. For the appellate tax board which may expend revenues up to a maximum of $400,000 from fees collected; provided, that in order to accommodate discrepancies between the receipt of retained revenues and related expenditures, the board may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.................................. $400,000
Reserves.
1599-0016.. For a task force to prevent fraud, waste and abuse and to assist in the recovery of funds where fraud, waste or abuse is detected ........$250,000
1599-0025.. 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
1599-0050.. For Route 3 North contract assistance payments ................................................................................... $9,625,000
Commonwealth Transportation Fund................................. 100.000%
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 ...................... $67,900,000
1599-1027.. For a reserve for reimbursement to certain employees of the commonwealth for certain increases in health care cost-sharing expenditures ...................................................... $19,806,288
Governor disapproved the following item for message see H4840
1599-1701.. For a reserve for the state share of costs to certain municipalities and municipal lighting plants as identified by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm, for the counties of Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester ............................................. $6,300,000
FMAP Budget Relief Fund..................................................... 100.000%
1599-1970.. For a reserve for the Massachusetts department of transportation for the purpose of defraying costs of the Massachusetts Turnpike Authority, or its successor, incurred in fiscal year 2011 under section 138 of chapter 27 of the acts of 2009 .............................. $125,000,000
Commonwealth Transportation Fund................................. 100.000%
1599-1977.. For contract assistance to the Massachusetts Development Finance Agency for payment of debt service and other obligations of the agency in connection with the Massachusetts Development Finance Agency special obligation bonds series 2010A under chapter 293 of the acts of 2006, as amended by chapter 129 of the acts of 2008 ............ $1,000,000
Governor disapproved the following item for message see H4840
1599-2009.. For a reserve for Hale Hospital in the city of Haverhill ................................................................................$1,920,000
FMAP Budget Relief Fund..................................................... 100.000%
1599-2010.. For a reserve to fund the District Local Technical Assistance Fund including projects that encourage regionalization to be administered by the division of local services and distributed through the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws................................. $2,000,000
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 ....................... $5,000,000
1599-3856.. For rent and associated costs at the Massachusetts information technology center in Chelsea ............................ $600,000
1599-4281.. To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the National Association of Government Employees Union, Units 1, 3 and 6 for fiscal year 2011 .......... $4,156,899
1599-4282.. To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10 for fiscal year 2011 ................... $9,562,523
1599-4283.. To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the American Association of Federal, State, County and Municipal Employees Union, Council 93, Unit 2 for fiscal year 2011 ....................................................... $2,933,636
1599-4284.. To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Massachusetts Organization of State Engineers and Scientists, Unit 9 for fiscal year 2011 ................. $744,420
1599-4285.. To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 888 for fiscal year 2011 .................................... $246,837
1599-4286.. For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Berkshire Registries of Deeds – Service Employees International Union, Local 888; Essex North/South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653; Hampden Registry of Deeds – Office of Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – Office of Professional Employees International Union, Local 6; Suffolk Registry of Deeds – Service Employees International Union, Local 888; Worcester North Registry of Deeds – Service Employees International Union, Local 888 for fiscal year 2011...................................................... $76,082
Governor reduced the following item by $4,300,000 and disapproved wording as indictated for message see H4840
1599-4704.. For a reserve for certain payments associated with the costs of chapter 61 of the acts of 2009; provided, that any spending from this account shall be used solely for costs associated with the annual operations of the transferred sheriffs’ departments and not for capital projects; provided further, that funds shall be expended for transferred sheriffs’ existing obligations for payments in lieu of taxes; provided further, that the secretary of administration and finance shall file a report with the house and senate committees on ways and means not less than 30 days prior to the transfer of any funds from this reserve to an appropriation of a transferred sheriff; provided further, that this report shall include the requesting department, the amount requested by that department, the amount decided to be transferred to the requesting department and the planned use of the requested funds, specifying the object classes into which the funds will be transferred; and provided further, that any funds transferred under this item shall not be subject to section 29 of chapter 29........................... $10,300,000 6,000,000
General Fund.............................................................................. 58.252%
FMAP Budget Relief Fund....................................................... 41.748%
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.
Governor reduced the following item by $35,133 for message see H4840
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 of administration and finance shall file with the house and senate committees on ways and means the amounts of any economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees’ unions; provided further, that the nature and scope of economic proposals contained in those agreements shall include all fixed percentage or dollar-based salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that any employee of the commonwealth who chooses to participate in a bone marrow donor program shall be granted a leave of absence with pay to undergo the medical procedure and for associated physical recovery time, but this leave shall not exceed 5 days .................... $2,768,427 2,733,294
Governor reduced the following item by $578,594, disapproved wording as indictated and inserted in place thereof the following wording, for message see H4840
1750-0102.. For the human resources division which may expend not more than $2,031,977 from revenues collected from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions and the general public, fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil service examination, notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; provided further, that the human resources division may also expend revenues collected for implementation of the health and physical fitness standards program established pursuant to sections 61A and the wellness program established pursuant to section 61B of chapter 31 of the General Laws and those programs in chapter 32 of the General Laws; provided further, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; provided further, that the human resources division shall submit a semi-annual report to the house and senate committees on ways and means detailing all expenditures on the program including, but not limited to, the costs of personnel, consultants, administration of the wellness program, establishment of standards and any other related costs of the program; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the division shall report to the house and senate committees on ways and means by February 1, 2011, on the projected costs of the program for fiscal year 2011
For the human resources division which may expend not more than $1,453,383 from revenues collected from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions and the general public, fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil service examination, notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; provided further, that the human resources division may also expend revenues collected for implementation of the health and physical fitness standards program established pursuant to sections 61A and the wellness program established pursuant to section 61B of chapter 31 of the General Laws and those programs in chapter 32 of the General Laws; provided further, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; provided further, that the human resources division shall submit a semi-annual report to the house and senate committees on ways and means detailing all expenditures on the program including, but not limited to, the costs of personnel, consultants, administration of the wellness program, establishment of standards and any other related costs of the program; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the division shall report to the house and senate committees on ways and means by February 1, 2011, on the projected costs of the program for fiscal year 2011....................................................... $2,031,977 1,453,383
General Fund.............................................................................. 71.526%
FMAP Budget Relief Fund....................................................... 28.474%
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.................. $52,057
1750-0300.. For the commonwealth’s contributions in fiscal year 2011 to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that the contributions shall be calculated as provided in the applicable collective bargaining agreement and shall be paid to the health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides...................................................... $26,950,000
Operational Services Division.
Governor disapproved the following item for message see H4840
The Legislature overrode the Governor's veto.
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 operational services division, which under section 22N of chapter 7 of the General Laws is responsible for determining prices for programs under chapter 71B of the General Laws, shall set those prices in fiscal year 2011 at the same level calculated for fiscal year 2010, except the prices for those programs for extraordinary relief, as defined in the division's regulations; provided further, that upon the request of a program, the division shall determine the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rate of inflation which are established by December 1 of each year pursuant to said section 22N of said chapter 7 in a compounded manner for each fiscal year following the most recent calculated price; provided further, that the division shall accept and process applications for program reconstruction for fiscal year 2011 to be considered for rate adjustment in fiscal year 2012; provided further, that the division shall not adjust prices for program reconstruction in fiscal year 2011; provided further, that the division shall not accept applications for special circumstances for salary upgrades in fiscal year 2011; provided further, that not later than December 31, 2010, the division shall submit a report to the house and senate committees on ways and means and the joint committee on education on the policies, procedures and activities of the division associated with the recoupment of funds or reduction of future prices paid to approved private school programs as a result of administrative reviews conducted by the division; and provided further, that the report shall include, but not be limited to the following: (i) a description of the circumstances under which the department has most commonly exercised its authority to so recoup and reduce, (ii) the correlation of recouping and reducing with the imposition of price freezes imposed on programs in recent years, (iii) the impact of recoupment actions and reductions on the efforts and ability of programs to effectively manage their budgets and maintain fiscal viability during periods of price freezes and other periods of fiscal stress, and (iv) the relationship between recoupment and price reduction activities of the division and the programmatic monitoring activities and program oversight activities of the department of elementary and secondary education; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that notwithstanding any general or special law to the contrary, the bureau of purchased services of the operational services division which is responsible under section 22N of chapter 7 of the General Laws for determining prices for programs under chapter 71B of the General Laws, shall set the prices in fiscal year 2011 by increasing the final fiscal year 2010 prices by the rate of inflation as determined by the division for fiscal year 2011; provided further, that the division shall also adjust prices for extraordinary relief, as provided in 808 CMR 1.06(4); provided further, that the division shall accept applications for special circumstances for salary upgrades...................................... $502,970
1775-0115.. For the operational services division; provided, that the division may expend for the purpose of procuring, managing and administering statewide contracts an amount not to exceed $1,810,167 from revenue collected from the statewide contract administrative fee; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system including the costs of personnel ...................... $1,810,167
1775-0124.. For the operational services division; provided, that the division may expend an amount not to exceed $500,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division’s audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; and provided further, that the division may only retain revenues collected in excess of $207,350 ................ $500,000
Governor reduced the following item by $55,912 and disapproved wording as indictated for message see H4840
1775-0200.. For the operation and administration of the supplier diversity office; provided, that the office shall provide training and other services to supplier diversity office certified minority- and women-owned businesses, which allows them to better compete for state contracts and also ensures that equitable practices and policies in the public marketplace are maintained; provided further, that the office shall administer an electronic business certification application which shall be accessible to business applicants through use of the internet; provided further, that the office shall ensure the integrity and security of personal and financial information transmitted by electronic application; provided further, that the office shall, using all existing available resources, provide certification services to all supplier diversity office qualified applicants, throughout the commonwealth and beyond, whichever is applicable; 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 ......................................................... $715,972 660,060
General Fund.............................................................................. 92.191%
FMAP Budget Relief Fund......................................................... 7.809%
1775-0600.. For the operational services division; provided, that the division may expend not more than $805,000 in revenues from the sale of state and federal surplus personal property and the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements for the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property and the purchase of motor vehicles; provided further, that the division shall evaluate the use of technology, the internet and online auctions to enhance the sales of surplus vehicles and submit a report of its findings to the house and senate committees on ways and means and the house and senate committees on post audit and oversight on or before October 1, 2010; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel ............................................ $805,000
1775-0700.. For the operational services division; provided, that the division may expend not more than $53,000 in revenues collected in addition to the amount authorized in item 1775-1000 of section 2B for printing, photocopying, related graphic art or design work and other reprographic goods and services provided to the general public, including all necessary incidental expenses ............................ $53,000
Information Technology Division.
Governor reduced the following item by $46,038 for message see H4840
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 website, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file a status report with the house and senate committees on ways and means by May 31, 2011, with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2011; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000, including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for the project or purchase; provided further, that the chief information officer may establish rules and procedures necessary to implement this item; and provided further, that the division shall file a report by the secretary with the house and senate committees on ways and means not later than December 15, 2010, that shall include, but not be limited to, the following: (a) financial statements detailing savings realized from the consolidation of information technology services within each executive office; (b) the number of personnel assigned to the information technology services within each executive office; and (c) efficiencies that have been achieved from the sharing of resources................. $3,627,666 3,581,628
1790-0150.. For the operation of the geographic information system pursuant to subsection (d) of section 4B of chapter 21A of the General Laws ....$70,000
1790-0151.. For the division of information technology which may expend an amount not to exceed $55,000 from fees charged to entities other than political subdivisions of the commonwealth for the distribution of digital cartographic and other data............................... $55,000
Governor reduced the following item by $27,270, disapproved wording as indictated and inserted in place thereof the following wording, for message see H4840
1790-0300.. For the information technology division which may expend not more than $582,000 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
For the information technology division which may expend not more than $554,730 from revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment ........ $582,000 554,730
General Fund.............................................................................. 95.314%
FMAP Budget Relief Fund......................................................... 4.686%
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.
Office of the Secretary.
Governor reduced the following item by $384,902 and disapproved wording as indictated for message see H4840
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 and the mosquito-borne disease vector control chapter program; provided, that the executive office may engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office may execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act; provided further, that the memorandum shall require the timely production of information for use in the fisheries management process; provided further, that the secretary shall file a plan with the house and senate committees on ways and means, the house and senate committees on global warming and climate change, and 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 for administration and finance; provided further, that the report 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 from which they are paid; (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 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 upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that the executive office shall engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; and provided further, that the executive office shall execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act................... $6,136,178 5,751,276
General Fund.............................................................................. 94.932%
FMAP Budget Relief Fund......................................................... 5.068%
2000-1700.. For the operation of information technology services within the executive office of energy and environmental affairs... $7,953,102
Governor reduced the following item by $174,363 and disapproved wording as indictated for message see H4840
2030-1000.. For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004....................................................... $8,875,325 8,700,962
General Fund.............................................................................. 98.035%
FMAP Budget Relief Fund......................................................... 1.965%
2030-1004.. For environmental police private details; provided, that the office may expend revenues of up to $220,000 collected from the fees charged for private details; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ................................. $220,000
Department of Public Utilities.
2100-0012.. For the operation of the department of public utilities; provided, that notwithstanding the second sentence of the first paragraph of section 18 of chapter 25 of the General Laws to the contrary, the assessments levied for fiscal year 2011 under said first paragraph shall be made at a rate sufficient to produce the amount expended from this item as well as the associated fringe benefits costs for personnel paid from this item .................................................. $7,632,539
2100-0013.. For the operation of the transportation division ........ $375,051
2100-0014.. For the department of public utilities which may expend for the operation of the energy facilities siting board an amount not to exceed $100,000 from application fees collected in fiscal year 2011 and prior fiscal years from utility companies...................... $100,000
2100-0015.. For the department of public utilities which may expend for the operation of the transportation division an amount not to exceed $2,300,000 from unified carrier registration fees collected in fiscal year 2011 and prior fiscal years from motor carrier companies $2,300,000
2100-0016.. For the department of public utilities to regulate steam distribution companies; provided, that notwithstanding section 18A of chapter 25 of the General Laws to the contrary, the assessments levied for fiscal year 2011 shall be made at a rate sufficient to produce the amount expended from this item and the associated fringe benefits costs for personnel paid from this item...................................... $300,000
Department of Environmental Protection.
Governor reduced the following item by $732,290 and disapproved wording as indictated for message see H4840
2200-0100.. For the operation of the department of environmental protection, including the environmental strike force, the bureau of policy and planning, the bureau of resource protection, the bureau of waste prevention, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research; provided, that section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws............................... $26,446,561 25,714,271
General Fund.............................................................................. 98.481%
FMAP Budget Relief Fund......................................................... 1.519%
2200-0102.. For the department of environmental protection which may expend an amount not to exceed $260,812 from revenues collected from fees for wetland permits; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that the department shall submit a report by January 11, 2011 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 ......................................................... $260,812
Governor reduced the following item by $275,000 and disapproved wording as indictated for message see H4840
2200-0107.. 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; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that the department of environmental protection shall expend funds for recycling and related purposes consistent with the recycling plan of the solid waste master plan and redemption centers; provided further, that the department of environmental protection shall expend a portion of the funds appropriated in this item for a program to preserve the continuing ability of redemption centers to maintain operations in pursuit of the commonwealth’s recycling goals consistent with section 323 of chapter 94 of the General Laws; provided further, that for the purposes of this item and said chapter 94, a redemption center shall be any business registered with the commonwealth whose primary purpose is the redemption of reusable beverage containers; provided further, that the redemption program shall take into consideration the volume of redeemables per redemption center, the length of time the center has been in operation, the number of returnables redeemed quarterly by the centers, the submission by the centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; and provided further, that a redemption center shall be eligible for the funds if registered with the commonwealth as of April 1, 2003......................... $550,000 275,000
General Fund.............................................................................. 63.636%
FMAP Budget Relief Fund....................................................... 36.364%
2210-0105.. The department of environmental protection may expend for the administration and implementation of the Massachusetts Toxics Use Reduction Act under chapter 21I of the General Laws an amount not to exceed $3,051,198 from the revenue collected from fees, penalties, grants and tuition under said chapter 21I; provided, that not less than $1,657,449 from this item shall be made available for the operation of the Toxics Use Reduction Institute program at the University of Massachusetts at Lowell; provided further, that the department shall enter into an interagency service agreement with the University of Massachusetts to make such funding available for this purpose; provided further, that not less than $562,567 from this item shall be made available for toxics use reduction technical assistance and technology in accordance with said chapter 21I; provided further, that the department shall submit a report to the house and senate committees on ways and means not later than February 1, 2011 detailing the status of the department’s progress in meeting the statutory and regulatory deadlines associated with said chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation requirements of said chapter 21I; provided further, that the department shall enter into an interagency service agreement with the executive office of energy and environmental affairs to make such funding available for this purpose; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ........................... $3,051,198
2220-2220.. 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 Governors/Eastern Canadian Premiers Action Plans for reducing acid rain deposition and mercury emissions ....................................... $843,672
2220-2221.. For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act $1,657,263
2250-2000.. For the purpose of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws $1,464,896
2260-8870.. For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 4 of chapter 21J of the General Laws ................................................. $13,856,441
2260-8872.. For the brownfields site audit program ................ $1,030,305
2260-8881.. For the operation of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws ............................................ $336,859
Department of Fish and Game.
2300-0100.. For the office of the commissioner; provided, that the commissioner’s office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the division of ecological restoration and riverways program 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; 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, 2010 that details the level of assessments to each department under the control of the office of the commissioner in fiscal years 2009 and 2010 $636,569
2300-0101.. For a division of ecological restoration and riverways protection program, for the promotion of public access to rivers and wetland restoration, including grants to public and nonpublic entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws........................... $390,002
Governor reduced the following item by $270,744 and disapproved wording as indictated for message see H4840
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 fisheries and wildlife programs and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds may be expended for the natural heritage and endangered species program; provided further, that funds from this item shall be made available to the University of Massachusetts Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2010 for such research; provided further, that the department may expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; and provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended....................................................... $9,506,199 9,235,455
FMAP Budget Relief Fund......................................................... 2.848%
Inland Fisheries and Game Fund............................................ 97.152%
2310-0306.. For the hunter safety training program .................. $401,130
Inland Fisheries and Game Fund.......................................... 100.000%
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 .. $1,000,000
Inland Fisheries and Game Fund.......................................... 100.000%
2310-0317.. For the waterfowl management program established pursuant to section 11 of chapter 131 of the General Laws ....................... $45,000
Inland Fisheries and Game Fund.......................................... 100.000%
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 ....................... $468,578
Governor reduced the following item by $62,242 and disapproved wording as indictated for message see H4840
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 funds shall be expended on a recreational fisheries program to be reimbursed by federal funds; and provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote sustainable fisheries.............................................. $4,450,133 4,387,891
General Fund.............................................................................. 98.601%
FMAP Budget Relief Fund......................................................... 1.399%
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......................... $538,956
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
2330-0200.. For the administration and operation of the saltwater fishing permit program, in accordance with chapter 161 of the acts of 2009 $101,500
Marine Recreational Fisheries Development Fund........... 100.000%
Department of Agricultural Resources.
Governor reduced the following item by $67.000 and disapproved wording as indictated for message see H4840
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 Amherst, the pesticides board and the division of agricultural development and fairs; provided, that funds may be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts; and provided further, that funds may be expended for the statewide 4-H program.......................... $4,513,132 4,446,132
General Fund.............................................................................. 98.515%
FMAP Budget Relief Fund......................................................... 1.485%
2511-0105.. For the purchase of supplemental foods for the emergency food assistance program within the feeding America nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall reflect the feeding America allocation formula, in order to benefit the 4 regional food banks in the commonwealth; and provided further, that the department may assess an administrative charge not to exceed 2 per cent of the total appropriation herein................ $11,500,000
2511-3002.. For the integrated pest management program................ $47,560
Department of Conservation and Recreation.
Governor reduced the following item by $96,193 and disapproved wording as indictated for message see H4840
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 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 15, 2011; provided further, that funds may be expended for cleanup of Pilayella algae; 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 2010; 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; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that funds shall be expended for cleanup of Pilayella algae................ $3,613,779 3,517,586
General Fund.............................................................................. 97.338%
FMAP Budget Relief Fund......................................................... 2.662%
Governor reduced the following item by $36,287 and disapproved wording as indictated for message see H4840
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 the amount of the payment shall be charged to the General Fund and shall not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to the authority under the General Laws; provided further, that the department shall continue to make payments pursuant to chapter 616 of the acts of 1957, as amended by section 89 of chapter 801 of the acts of 1963; and provided further, that the department shall continue to make payments pursuant to chapter 307 of the acts of 1987 for the use of certain land .......... $1,036,287 1,000,000
General Fund.............................................................................. 96.498%
FMAP Budget Relief Fund......................................................... 3.502%
Governor reduced the following item by $300,000 and disapproved wording as indictated for message see H4840
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 implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all stormwater infrastructure, assess its stormwater practices, analyze long term capital and operational needs and develop a stormwater management plan to comply with federal and state regulatory requirements; and provided further, that in order to protect public safety and to protect water resources for water supply, recreational and ecosystem uses, the department shall immediately implement interim stormwater management practices including, but not limited to, street sweeping, inspection and cleaning of catch basins and emergency repairs to roadway drainage.................... $693,392 393,392
General Fund.............................................................................. 56.734%
FMAP Budget Relief Fund....................................................... 43.266%
Governor reduced the following item by $80,271 and disapproved wording as indictated for message see H4840
2800-0501.. For the operation of the beaches, pools and spray pools under the control of the department of conservation and recreation; provided, that the seasonal hires of the department of conservation and recreation’s parks, beaches, pools and spray pools be paid from this item; provided further, that all beaches, pools and spray pools shall remain open and staffed from Memorial Day through the end of August; provided further, that the beaches, pools and spray pools shall be fully maintained; provided further, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired before the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2010 shall continue to receive such benefits in fiscal year 2011 during the period of their seasonal employment; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; provided further, that no expenditures shall be made from this item other than for the purposes identified in this item; and provided further, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period.......................................... $12,439,952 12,359,681
General Fund.............................................................................. 99.355%
FMAP Budget Relief Fund......................................................... 0.645%
Governor reduced the following item by $120,000 and disapproved wording as indictated for message see H4840
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, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 14, 2010, 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 2011; and (c) the number of dams that are in need of repair or replacement ................................... $410,151 290,151
General Fund.............................................................................. 70.742%
FMAP Budget Relief Fund....................................................... 29.258%
Governor reduced the following item by $1,648,000 and disapproved wording as indictated for message see H4840
2810-0100.. For the operation of the department’s state and urban parks; provided, that funds appropriated in this item shall be used to operate all of the division’s parks, parkways, boulevards, roadways, bridges, and related appurtenances under the care, custody and control of the division, flood control activities of the division, reservations, campgrounds, beaches and pools and for the oversight of rinks, to protect and manage the division’s lands and natural resources, including the forest and parks conservation services and the bureau of forestry development; provided further, that the crossing guards located at department of conservation and recreation intersections shall continue to perform the duties where state police previously performed such duties; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the rinks under the control of the department shall remain open and staffed for the full rink season; provided further, that the department may issue grants to public and nonpublic entities from this item; provided further, that funds may be expended for the purposes of item 2800-9004 of section 2 of chapter 182 of the acts of 2008; and provided further, that the department shall file quarterly reports with the house and senate committees on ways and means relative to the staffing levels at all state and urban parks, which 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 . $41,945,772 40,297,772
General Fund.............................................................................. 96.071%
FMAP Budget Relief Fund......................................................... 3.929%
2810-2041.. For the division of state parks and recreation which may expend not more than $5,314,030 from revenue collected from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system and for the personnel costs of seasonal employees; provided, that no funds from this item shall be expended for the costs of full-time equivalent personnel; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item ............................... $5,314,030
Governor reduced the following item by $134,631 and disapproved wording as indictated for message see H4840
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..... $1,292,000 1,157,369
General Fund.............................................................................. 89.580%
FMAP Budget Relief Fund....................................................... 10.420%
2820-1000.. For the division of urban parks and recreation which may expend not more than $200,000 from revenue collected pursuant to section 34B of chapter 92 of the General Laws................................... $200,000
2820-1001.. For the division of urban parks and recreation which may expend not more than $50,000 from revenue collected for the operation and maintenance of the division’s telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the division of highways, the Central Artery/Ted Williams Tunnel Project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, that nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system ................ $50,000
2820-2000.. For the operation of street lighting and the expenses of maintaining the parkways of the department of conservation and recreation; provided, 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 ................................. $3,115,033
2820-3001.. For the division of urban parks and recreation which may expend not more than $1,000,000 from revenue collected from skating rink fees and rentals for the operation and maintenance, including personnel costs, of 4 rinks between September 1, 2010, and April 30, 2011, for an extended rink season; provided, that when assigning time for the use of its rinks, the division shall give priority to those which qualify under applicable state and federal law as nonprofit organizations or as a public school.......................................... $1,000,000
2820-4420.. For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend not more than $1,098,011 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account shall be positions requiring the services of an incumbent on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30..... $1,098,011
2820-4421.. 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 $824,790 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account shall be positions requiring the services of an incumbent on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30....... $824,790
Department of Energy Resources.
7006-1001.. 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 Law; provided, that the assessments levied for fiscal year 2011 pursuant to chapter 465 of the acts of 1980 shall be made at a rate sufficient to produce the amount expended from this item as well as the associated fringe benefit costs for personnel paid from this item... $199,326
7006-1003.. For the operation of the department of energy resources; provided, that notwithstanding any general or special law to the contrary, the amount assessed under section 11H of chapter 25A of the General Laws shall be equal to the amount expended from this item as well as the associated fringe benefit costs for personnel paid from this item. $2,938,679
Department of Early Education and Care.
Governor reduced the following item by $211,271 and disapproved wording as indictated for message see H4840
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 the department shall report on the first business day of each month to the joint committee on education, the joint committee on children, families and persons with disabilities, the house and senate committees on ways and means, and the secretary of administration and finance on the unduplicated number of children on waiting lists for state-subsidized early education and care programs and services, including supportive child care services; and provided further, that notwithstanding chapter 66A of the General Laws, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of elementary and secondary education, the department of transitional assistance, the department of children and families and the department of public health may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes; provided further, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded by the department by category of eligibility, including children who have been the subject of supported 51A cases, children referred by or transitioning from the department of children and families and children of income-eligible families; provided further, that said reports shall include the number of recipients subject to subsection (f) of section 110 of chapter 5 of the acts of 1995; 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 not later than February 15, 2011 detailing the projected fiscal year 2012 caseload for children who have been the subject of supported 51A cases, children of families who are eligible for child care as entitled under said section 110 of said chapter 5 and children whose families are income-eligible; provided further, that this report shall include the anticipated cost of contracts and vouchers to fund said contracts; provided further, that the department shall report not later than September 1, 2010, to the joint committee on education and the house and senate committees on ways and means, on efficiencies and cost savings realized in the department’s accounts in fiscal year 2010 and anticipated cost savings in fiscal year 2011; provided further, that the report shall include, but not be limited to, an itemized accounting of services transferred between items, original cost of those services, all transition costs or expenditures and total cost savings realized; and provided further, that the report shall include an accounting of federal ARRA funding expended for the services and transition costs................. $11,516,944 11,305,673
General Fund.............................................................................. 98.166%
FMAP Budget Relief Fund......................................................... 1.834%
3000-2000.. For regional administration and coordination of services provided by child care resource and referral agencies; provided, that funding for activities shall include, but not be limited to, administrative costs of these agencies, program coordination and support, voucher management, outreach to hard-to-reach populations, intake and eligibility services for families seeking financial assistance to enroll in early education and care programs, resource and referral for families with disabilities in child care programs and walk-in services for homeless families....................................................... $5,933,862
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 ............................................. $1,094,507
Governor reduced the following item by $2,400,000 and disapproved wording as indictated for message see H4840
3000-3050.. For supportive early education and care services; provided, that funds from this item shall only be expended for early education and care costs of children with active cases at the department of children and families; provided further, that the department of early education and care, in collaboration with the department of children and families, shall maintain a centralized list detailing the number of children eligible for services in this item, the number of supportive slots filled, and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that funds may be used to provide services during a transition period of 6 months for families upon the closure of their case; provided further, that all children eligible for services under this item shall receive those services; provided further, that if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and the secretary of administration and finance, a report detailing the amount of appropriation needed to address such deficiency; and provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000, 3000-4050 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 30 days before the transfer.............................................. $88,113,747 85,713,747
General Fund.............................................................................. 97.276%
FMAP Budget Relief Fund......................................................... 2.724%
3000-4050.. For financial assistance for families currently involved with or transitioning from transitional aid to families with dependent children to enroll in an early education and care program; provided, that early education and care shall be available to former participants who are working for up to 1 year after termination of their benefits; provided further, that post-transitional early education and care benefits shall be provided to participants who are working for up to 1 year after the transitional period; provided further, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded from this item and item 3000-3050; provided further, that the department may provide early education and care benefits to parents who are under 18 years of age, who are currently enrolled in a job training program, and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income; provided further, that all teens eligible for year-round, full-time early education and care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations; provided further, that recipients shall not be charged fees for care provided under this item; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2011... $127,358,313
Governor reduced the following item by $5,000,000 and disapproved wording as indictated for message see H4840
3000-4060.. For income-eligible early education and care programs; provided, that teen parents at risk of becoming eligible for transitional aid to families with dependent children may be paid from this item; provided further, that informal early education and care benefits for families meeting income-eligibility criteria may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that the department may expend funds from this item on grants to support inclusive learning environments; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4050, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2011; provided further, that said plan shall be forwarded to the house and senate chairs of the joint committee on education, the chairs of the house and senate committees on ways and means, and the secretary of administration and finance; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary......................................... $233,527,427 228,527,427
General Fund.............................................................................. 97.859%
FMAP Budget Relief Fund......................................................... 2.141%
Governor reduced the following item by $500,000 and disapproved wording as indictated for message see H4840
3000-5000.. For grants to head start programs; provided, that funds from this item may be expended on early head start programs .......... $8,000,000 7,500,000
General Fund.............................................................................. 93.750%
FMAP Budget Relief Fund......................................................... 6.250%
Governor reduced the following item by $500,000 and disapproved wording as indictated for message see H4840
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; provided further, that in awarding grant funds under this program, preference shall be given to establishing preschool classrooms in towns and cities with schools and districts at risk of or determined to be under-performing in accordance with sections 1J and 1K of chapter 69 of the General Laws, schools and districts which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations or which have been designated commonwealth priority schools or commonwealth pilot schools pursuant to said regulations, schools or districts with a high percentage of students scoring in levels 1 and 2 on the 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 any newly-funded programs designated as Massachusetts Universal Pre-Kindergarten Program participants shall have been accredited by the National Association for the Education of Young Children, the New England Association of Schools and Colleges, the National Association of Family Child Care or a Child Development Associate credential or higher; provided further, that programs receiving grant funds may use the funds to enhance teacher and staff quality and compensation, enhance program ability to interpret and use assessment data effectively, enhance developmentally-appropriate practice, incorporate ancillary services into the program, facilitate or provide access to wrap-around services for working families or to increase capacity to expand access to age-eligible children on the centralized waitlist maintained by the department; provided further, that preference shall be given in awarding grants to those programs which demonstrate affordability for middle class and working class parents according to standards to be developed by the department; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town or regional school district and held as a separate account and shall be expended by the school committee of such city, town or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary ........................... $8,000,000 7,500,000
General Fund.............................................................................. 93.750%
FMAP Budget Relief Fund......................................................... 6.250%
3000-6000.. For the establishment of a statewide network of supports for early education and care programs to advance the quality of their services to children; provided, that supports funded through this item shall include, but not be limited to, curriculum development, child assessment systems, activities that encourage providers to obtain associate and bachelor degrees, payment of fees and direct assistance to programs seeking accreditation by agencies approved by the board, and professional development courses; provided further, that eligible recipients for such grants shall include, but not be limited to, community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further, that supports funded through this item shall be in alignment with the quality requirements of the Massachusetts Universal Pre-Kindergarten Program and the development of the quality rating and improvement system; provided further, that the department shall encourage and support early childhood education and care providers to obtain associate and bachelor degrees through professional development programs, including, but not limited to, the building careers program model; and provided further, that where possible, funds from this line item shall be coordinated with funding from item 3000-7050; and provided further, that the department may expend funds from the item on grants for supplemental services for children with individualized education plans........................ $14,011,633
Governor reduced the following item by $250,000 and disapproved wording as indictated for message see H4840
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 .................................... $1,000,000 750,000
General Fund.............................................................................. 75.000%
FMAP Budget Relief Fund....................................................... 25.000%
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; provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents; provided further, that the Children’s Trust Fund shall file a report to the joint committee on education and the house and senate committees on ways and means not later than February 15, 2011, detailing potential federal funding available and the progress made as a result of a multi-year study conducted by Tufts University; and provided further, that the Children’s Trust Fund shall issue a report to the joint committee on education and the house and senate committees on ways and means, not later than February 15, 2011, detailing the expenditure of state funds appropriated herein $10,538,066
3000-7050.. For grants to programs that improve the early literacy, school readiness and parenting skills of participants in early education and care programs in the commonwealth, including, but not limited to, the Parent-Child Home Program, Mass Family Networks, and Reach Out and Read; provided, that the department shall distribute the grants no later than August 31, 2010, in order to allow a full year of service for families involved in these programs; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided through this item with services provided through items 3000-6000 and 3000-7000 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department ....................... $5,000,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.
4000-0050.. For the operation of the personal care attendant quality workforce council established under section 29 of chapter 118G of the General Laws ......................................................... $167,708
Governor disapproved the following item for message see H4840
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 program shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds............................................ $500,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $3,423,444 and disapproved wording as indictated for message see H4840
4000-0300.. For the operation of the executive office of health and human services, including the operation of the managed care oversight board; provided, that the executive office shall provide technical and administrative assistance to agencies under the purview of the secretariat receiving federal funds; provided further, that the executive office and its agencies, when contracting for services on the islands of Martha’s Vineyard and Nantucket, shall take into consideration the increased costs associated with the provision of goods, services, and housing on said islands; provided further, that the executive office shall 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 administrative and contracted services related to the implementation and operation of programs authorized by chapter 118E of the General Laws; provided further, that in consultation with the division of health care finance and policy, no rate increase shall be provided to existing Medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed the rates that are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that funds may be expended for the operation of the office of health equity within the executive office of health and human services; provided further, that subject to appropriation, the executive office of health and human services may employ such additional staff or consultants as it may deem necessary; provided further, that the office may prepare an annual health disparities report card with regional disparities data, evaluate effectiveness of interventions and replicate successful programs across the commonwealth; provided further, that the office shall work with a disparities reduction program with a focus on supporting efforts by community-based health agencies and community health workers to eliminate racial and ethnic health disparities, including efforts addressing social factors integral to such disparities; provided further, that expenditures for the purposes of each item appropriated for programs authorized by chapter 118E of the General Laws shall be accounted for in the Massachusetts management accounting and reporting system not more than 10 days after the expenditures have been made by the Medicaid management information system; provided further, that no expenditures shall be made that are not federally reimbursable, including those related to Titles XIX or XXI of the Social Security Act or the MassHealth demonstration waiver approved under section 1115(a) of said Social Security Act or the community first section 1115 demonstration waiver, whether made by the executive office or another commonwealth entity, except as specifically authorized herein, or unless made for cost containment efforts, the purposes and amounts of which have been submitted to the executive office of administration and finance and the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the executive office of health and human services shall conduct a comprehensive study of trends in all human service programs in the MetroWest Region which shall consist of Ashland, Framingham, Holliston, Hopkinton, Natick, Southborough, Sudbury, Wayland and Westborough, and shall examine all services provided by the commonwealth to evaluate which populations have the greatest need for services, to what degree those populations are served by the programs created as well as by other existing services, and shall develop strategies for serving all underserved segments of the population; provided further, that the study shall also include program density throughout the commonwealth and the fiscal impact of these programs on cities and towns; provided further, that the executive office of health and human services working with the department of public safety shall review program evaluations, certifications and program standards and make recommendations on needed program changes, and the executive office and department shall issue a report to the general court of its study by filing same with the clerks of the house of representatives and senate not later than January 31, 2012; provided further, that the executive office of health and human services may continue to recover provider overpayments made in the current and prior fiscal years through the Medicaid management information system, and that these recoveries shall be considered current fiscal year expenditure refunds; provided further, that the executive office may collect directly from a liable third party any amounts paid to contracted providers under chapter 118E of the General Laws for which the executive office later discovers another third party is liable if no other course of recoupment is possible; provided further, that no funds shall be expended for the purpose of funding interpretive services directly or indirectly related to a settlement or resolution agreement with the office of civil rights or any other office, group or entity; provided further, that interpretive services currently provided shall not give rise to enforceable legal rights for any party or to an enforceable entitlement to interpretive services; provided further, that notwithstanding any general or special law to the contrary, the executive office shall require the commissioner of mental health to approve any prior authorization or other restriction on medication used to treat mental illness in accordance with written policies, procedures and regulations of the department of mental health; provided further, that the executive office of health and human services shall pursue opportunities for grants and other federal funding available under the Patient Protection and Affordability Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; provided further, that not later than September 1, 2010, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing planned fiscal year 2011 expenditures by the executive office as funded by chargebacks to the 17 executive office cluster agencies; provided further, that not later than November 1, 2010, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing the methodology used for projecting MassHealth enrollment and utilization in fiscal year 2012 and evaluating the accuracy of the caseload and utilization projection methodologies used to project caseload and utilization in fiscal year 2010 and fiscal year 2011; provided further, that notwithstanding any general or special law to the contrary, including section 53 of chapter 118E of the general laws, the secretary of health and human services shall identify a plan to manage the MassHealth program within the appropriated levels in items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400 or 4000-1405 and shall provide such plan to the secretary of administration and finance and the house and senate committees on ways and means not later than September 15, 2010; provided further, that such plan shall achieve a minimum net savings of $15,000,000 to the commonwealth in fiscal year 2011; provided further, that such plan may include, but not be limited to, limiting, eliminating or otherwise restructuring services delivered to adult members of the MassHealth program; provided further, that the secretary of health and human services shall make all reasonable efforts to avoid proposing elimination of any MassHealth services; provided further, that the plan shall include an implementation plan and estimates of the savings and costs of implementing such changes; provided further, that the executive office for administration and finance shall review, modify, if necessary, and approve any savings plan submitted by the secretary not later than October 15, 2010; provided further, that upon approval of the savings plan, the executive office of health and human services shall take any and all necessary steps to implement the final savings plan approved by the executive office for administration and finance not later than December 1, 2010; provided further, that the secretary of health and human services shall, on November 15, 2010 and on the fifteenth of each subsequent month in fiscal year 2011, submit a report to the secretary of administration and finance and the house and senate committees on ways and means detailing the implementation of the savings plan and any corresponding savings realized to date; provided further, that any projection of deficiency in item 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400 or 4000-1405 shall be reported to the house and senate committees on ways and means not less than 90 days before the projected exhaustion of funding; and provided further, that any unexpended balance in these accounts shall revert to the General Fund on June 30, 2011 $90,393,715 86,970,271
General Fund.............................................................................. 97.449%
FMAP Budget Relief Fund......................................................... 2.551%
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 initiatives intended to enhance program integrity $1,736,425
4000-0320.. For the executive office of health and human services which may expend for medical care and assistance rendered in the current year an amount not to exceed $225,000,000 from the monies received from recoveries and collections of any current or prior year expenditures; provided, that notwithstanding any general or special law to the contrary, the balance of any personal needs accounts collected from nursing and other medical institutions upon a medical assistance member’s death and held by the executive office for more than 3 years may be credited to this item; 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; and provided further, that no funds from this item shall be used for the purposes of item 4000-0300........... $225,000,000
Governor reduced the following item by $368,334 and disapproved wording as indictated for message see H4840
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 shall be no more restrictive than the standards in effect on July 1, 1996; and provided further, that the executive office shall process CommonHealth applications within 45 days of receipt of a completed application or within 90 days if a determination of disability is required............................................. $133,254,517 132,886,183
General Fund.............................................................................. 99.724%
FMAP Budget Relief Fund......................................................... 0.276%
Governor reduced the following item by $29,187,627 and disapproved wording as indictated for message see H4840
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 of chapter 118E of the General Laws and section 16C of said chapter 118E; provided, that no funds shall be expended from this item for children and adolescents under clause (c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the executive office, exceed 150 per cent of the federal poverty level; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provider further, that funds may be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers; and provided further, that notwithstanding any general or special law to the contrary, the secretary of health and human services shall not, without prior written or verbal consent, reassign the behavioral health benefit of any eligible person to a managed care plan under contract with the office of MassHealth if the benefit is already managed by MassHealth’s specialty behavioral health managed care contractor............................ $3,757,055,766 3,727,868,139
General Fund.............................................................................. 99.223%
FMAP Budget Relief Fund......................................................... 0.777%
Executive Office of Elder Affairs.
Governor reduced the following item by $6,830,466 and disapproved wording as indictated for message see H4840
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 2010; provided further, that the eligibility requirements for this demonstration project shall not be more restrictive than those established in fiscal year 2010; provided further, that 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 2011 delineated by the federal poverty level; provided further, that notwithstanding any general or special law to the contrary, funds shall be expended from this item for the purpose of maintaining a personal needs allowance of $72.80 per month for individuals residing in nursing homes and rest homes who are eligible for MassHealth, Emergency Aid to the Elderly Disabled and Children program or Supplemental Security Income; provided further, that notwithstanding any general or special law to the contrary, for any nursing home or non-acute chronic disease hospital that provides kosher food to its residents, the executive office of elder affairs, in consultation with the division of health care finance and policy, in recognition of the unique special innovative program status granted by the executive office of health and human services, shall continue to make the standard payment rates established in fiscal year 2006 to reflect the high dietary costs incurred in providing kosher food; provided further, care management under section 3 of chapter 211 of the acts of 2006 shall be implemented through aging and disability resource consortiums, which shall include a combination of 1 or more Aging Services Access Points and Independent Living Centers; provided further, that not less than $2,500,000 may be expended from this item to implement the provisions of section 2 of chapter 211 of the acts of 2006, the pre-admission counseling and assessment program, which shall be implemented on a statewide basis through aging and disability resource consortia; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that not less than $2,500,000 shall be expended from this item to implement the provisions of section 2 of chapter 211 of the acts of 2006, the pre-admission counseling and assessment program, which shall be implemented on a statewide basis through aging and disability resource consortia; provided further, that not less than $2,800,000 shall be expended as fiscal year 2011 incentive payments if funding is available to support this expenditure as prescribed by section 159 to nursing facilities meeting the criteria determined by the MassHealth Nursing Facility Pay for Performance Program in 114.2 CMR 6.07 and that have established and participated in a cooperative effort in each qualifying nursing facility between representatives of employees and management, that is focused on implementing that criteria and improving the quality of services available to MassHealth members; and provided further that the MassHealth agency shall adopt regulations and procedures necessary to carry out section 159.............................. $2,491,116,244 2,484,285,778
General Fund.............................................................................. 99.726%
FMAP Budget Relief Fund......................................................... 0.274%
Governor disapproved the following wording as indicated, for message see H4840
4000-0640 For nursing facility Medicaid rates; provided, that notwithstanding any general or special law to the contrary, in fiscal year 2011 the division of health care finance and policy shall establish nursing facility Medicaid rates that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002; provided further, that funds shall be expended in an amount not less than that appropriated in fiscal year 2010 for purposes of reimbursing nursing facilities for up to 10 bedhold days for patients of the facility on medical and non-medical leaves of absence; provided further, that an amount for expenses related to the collection and administration of section 25 of chapter 118G of the General Laws shall be transferred to the division of health care finance and policy; provided further, that the payments made pursuant to this item shall be allocated in an amount sufficient to implement section 622 of chapter 151 of the acts of 1996; and provided further, that effective July 1, 2010 for the fiscal year ending June 30, 2011, the division shall establish nursing facility supplemental Medicaid rates from funding made available pursuant to section 159 .........................................$288,500,000
Executive Office of Health and Human Services.
Governor reduced the following item by $43,938,570 and disapproved wording as indictated, for message see H4840
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 of chapter 118E of the General Laws and section 16C of said chapter 118E; provided, that no payments for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that no funds shall be expended from this item for children and adolescents under clause (c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the executive office, exceed 150 per cent of the federal poverty level; provided further, that children who have aged out of the custody of the department of children and families shall be eligible for benefits until they reach age 21; provided further, that funds shall be expended from this item for members who qualify for early intervention services; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that $10,000,000 shall be expended from this item, or item 4000-0500, if necessary to achieve maximum federal financial participation, to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, an additional $10,000,000 shall be expended from this item, or item 4000-0500, if necessary to achieve maximum federal financial participation, to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers; provided further, that unless prohibited by federal or state law or regulations, the executive office of health and human services may transfer the coverage of pharmacy services for members enrolled in a Medicaid managed care organization to this item, but shall make all reasonable efforts to retain coverage of said services within the Medicaid managed care organizations; provided further, that rebates shall be collected in a manner and form authorized by the federal Centers for Medicare and Medicaid Services for prescription drugs dispensed to individuals enrolled in a Medicaid managed care organization as permitted by the Patient Protection and Affordable Care Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; provided further, that the executive office shall not, in fiscal year 2011, fund programs relating to case management with the intention of reducing length of stay for neonatal intensive care unit cases; provided further, that notwithstanding the foregoing, funds may be expended from this item for the purchase of third party insurance including, but not limited to, Medicare for any medical assistance recipient; provided further, that the executive office may reduce MassHealth premiums or copayments or offer other incentives to encourage enrollees to comply with wellness goals; and provided further, that funds may be expended from this item for activities relating to disability determinations or utilization management and review, including patient screenings and evaluations, regardless of whether such activities are performed by a state agency, contractor, agent or provider........................................... $1,711,468,034 1,667,529,464
General Fund.............................................................................. 97.433%
FMAP Budget Relief Fund......................................................... 2.567%
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 ........................................................................................................................................................... $165,351,318
4000-0875.. For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with section 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall provide those benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level, subject to continued federal approval; provided further, that eligibility for benefits shall be extended solely for the duration of the cancerous condition; provided further, that before the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer through the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with item 4570-1512 of section 2D; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years ............. $4,770,999
4000-0880.. For MassHealth benefits under clause (c) of subsection (2) of section 9A of chapter 118E of the General Laws and section 16C of said chapter 118E for children and adolescents whose family incomes as determined by the executive office are above 150 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to these children and adolescents in prior fiscal years................................................ $222,090,812
4000-0890.. For the cost of health insurance subsidies paid to employees and employers of small businesses in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years ............... $58,181,956
4000-0895.. 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, 2011, 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 $14,409,312
Governor reduced the following item by $1,000,000 and disapproved wording as indictated for message see H4840
4000-0950.. For the purposes of administrative and program expenses associated with the children’s behavioral health initiative, in accordance with the settlement agreement in the case of Rosie D. et al. v. Romney, United States District Court for the District of Massachusetts civil action No. 01-30199-MAP, to provide comprehensive, community-based behavioral health services to children suffering from severe emotional disturbances; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years; provided further, that the secretary of health and human services shall report quarterly to the house and senate committees on ways and means relative to implementation of the initiative; and provided further, that such quarterly reports shall include, but not be limited to, details of the implementation plan, results of the scheduled plan to date, including a schedule detailing commencement of services and associated costs by service type, an analysis of compliance with the terms of the settlement agreement to date, a detailed itemization of services and service utilization by service type, geographical location and the age of the member receiving the service, data detailing the time that elapses between a member’s request for services and commencement of an initial assessment for services, the time to complete the initial assessment and the time that elapses between initial assessment for services and commencement of services and a quarterly update of whether projected expenditures are likely to exceed the amount appropriated herein................................................ $86,743,865 85,743,865
General Fund.............................................................................. 98.847%
FMAP Budget Relief Fund......................................................... 1.153%
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 ........................ $12,089,722
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 ................................... $18,801,714
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 also be eligible to receive benefits under this item; provided further, that the income of such persons shall not exceed 100 per cent of the federal poverty level; provided further, that the eligibility requirements shall not exclude from eligibility persons who are employed intermittently or on a non-regular basis; provided further, that the provision of care to such persons under this program may, taking into account capacity, continuity of care, and geographic considerations, be restricted to certain providers; provided further, that the secretary may limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided further, that no such limitation shall be implemented unless the secretary has given 90 days’ notice to the house and senate committees on ways and means and the joint committee on health care financing; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years......................................... $344,913,540
4000-1420.. 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 ........................................ $198,273,814
Governor reduced the following item by $2,346,119 and disapproved wording as indictated for message see H4840
4000-1700.. For the provision of information technology services within the executive office of health and human services ........ $84,108,194 81,762,075
General Fund.............................................................................. 97.211%
FMAP Budget Relief Fund......................................................... 2.789%
Office for Refugees and Immigrants.
Governor reduced the following item by $12,500 and disapproved wording as indictated for message see H4840
4003-0122.. For a citizenship for new Americans program to assist legal permanent residents of the commonwealth in becoming citizens of the United States; provided, that the office for refugees and immigrants shall administer the program; provided further, that the program funded by this item shall provide assistance to persons who are within 3 years of eligibility to become citizens of the United States; provided further, that services shall be designed to include: ESOL/civics classes, citizenship application assistance, interview preparation and support services including, but not limited to, interpretation and referral services; provided further, that persons who would qualify for benefits under chapter 118A of the General Laws but for their status as legal non-citizens shall be given highest priority for services; and provided further, that persons who currently receive state-funded benefits which could be replaced, in whole or in part, by federally-funded benefits if these persons become citizens, shall be given priority for services....................................... $250,000 237,500
General Fund.............................................................................. 95.000%
FMAP Budget Relief Fund......................................................... 5.000%
Division of Health Care Finance and Policy.
4100-0060.. For the operation of the division of health care finance and policy and the administration of the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws; provided, that notwithstanding any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal year 2011 the estimated expenses, including indirect costs, of the division and shall be equal to the amount appropriated in this item less amounts projected to be collected in fiscal year 2011 from: (1) filing fees; (2) fees and charges generated by the division’s publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessed amount shall not be less than 55 per cent of the total expenses appropriated for the division and the health safety net office; provided further, for the purposes of supporting the division’s expanded role in developing health care policies that benefit government entities, providers, purchasers, and consumers, the division shall assess surcharge payors as defined in section 34 of said chapter 118G, not less than 10 per cent of the total estimated expenses appropriated for the division and the health safety net office, including indirect costs, in fiscal year 2011, less amounts projected to be collected in fiscal year 2011 from: (1) filing fees; (2) fees and charges generated by the division’s publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessment on surcharge payors shall be calculated in a manner similar to the assessment authorized under section 38 of said chapter 118G, and shall be collected in a manner consistent with the provisions of said chapter 118G and deposited in the General Fund; 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 this 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 this study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that the division shall publish annual reports on the financial condition of hospitals and other health care providers through the Health Benchmarks project website, in collaboration with the executive office of health and human services, the office of the attorney general, and the University of Massachusetts; provided further, that the division shall submit to the house and senate committees on ways and means and the joint committee on health care financing not later than December 8, 2010 a report detailing utilization of the Health Safety Net Trust Fund; provided further, that the report shall include: (1) the number of persons in the commonwealth whose medical expenses were billed to the Health Safety Net Trust Fund in fiscal year 2010; (2) the total dollar amount billed to the Health Safety Net Trust Fund in fiscal year 2010; (3) the demographics of the population using the Health Safety Net Trust Fund; and (4) the types of services paid for out of the Health Safety Net Trust Fund in fiscal year 2010; provided further, that the division shall include in the report an analysis on hospitals’ responsiveness to enrolling eligible individuals into the MassHealth program upon the date of service rather than charging those individuals to the Health Safety Net Trust Fund; provided further, that the division shall include in the report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that funds shall be expended for the operation of the health care quality and cost council established in section 16K of chapter 6A of the General Laws to promote high-quality, cost-effective, patient-centered care; provided further, that the council shall file quarterly reports with the house and senate committees on ways and means delineating the progress made pursuant to the goals stated in said section 16K of said chapter 6A; provided further, that notwithstanding any general or special law or rule or regulation to the contrary, the division shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly-aided and/or industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by the division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided and/or industrial accident patients if such a change would financially benefit the commonwealth; provided further, that within 6 months of the publication date of the federal upper limits for multiple source drugs by the federal Centers for Medicare and Medicaid Services, the division shall submit a report to the secretary of administration and finance and the house and senate committees on ways and means on the savings realized by the MassHealth Pharmacy Program for the first 3 months that the federal upper limits for multiple source drugs are in place; provided further, that using this data, the division shall estimate the program savings for the remainder of fiscal year 2011; provided further, that the division, after consultation with the secretary of health and human services and the chairs of the senate and house committees on ways and means, may adjust pharmacy dispensing fees for multiple source prescription drugs to compensate for any reduction as a result of the upper limits implemented under the Deficit Reduction Act of 2005; provided further, that the division shall examine the factors that contribute to the cost increases of the health care delivery system and strategies employed by the provider community to reduce cost growth; provided further, that in preparing its report, the division shall conduct a public hearing on the matter; and provided further, that the division shall submit its findings to the joint committees on health care financing and the house and senate committees on ways and means not later than February 16, 2011.......................... $20,957,507
4100-0360.. For the health care quality and cost council established pursuant to section 16K of chapter 6A of the General Laws; provided, that the council may expend an amount not to exceed $100,000 from the monies received from the sale of data reports................... $100,000
OFFICE OF DISABILITIES AND COMMUNITY SERVICES.
Massachusetts Commission for the Blind.
4110-0001.. For the office of the commissioner....................................................................... $963,848
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......................... $3,847,854
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 and for sheltered workforce employee retirement benefits................................................................................................ $8,351,643
4110-2000.. For the turning 22 program of the commission; provided, that the commission shall work in conjunction with the department of developmental services to secure the maximum amount of federal reimbursements available for the care of turning 22 clients ...........$10,658,612
Governor reduced the following item by $60,766 and disapproved wording as indictated for message see H4840
4110-3010.. For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect costs of federally reimbursed state employees .....................................................................................................................................$3,105,439 3,044,673
General Fund.............................................................................. 98.043%
FMAP Budget Relief Fund......................................................... 1.957%
Massachusetts Rehabilitation Commission.
4120-1000.. For the operation of the commission; provided, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; and provided further, that the lists shall include client names and social security numbers and payee names and other identification, if different from a client’s .............................................................................................................................$457,893
4120-2000.. 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; and provided further, that the commissioner, in making referrals to service providers, shall take into account the client’s place of residence and the geographic proximity of the nearest provider to the residence ... $10,013,228
Governor reduced the following item by $167,960 and disapproved wording as indictated for message see H4840
4120-3000.. For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may be provided........................................................ $2,630,752 2,462,792
General Fund.............................................................................. 93.616%
FMAP Budget Relief Fund......................................................... 6.384%
4120-4000.. For independent living assistance services .............................................................................................. $11,851,933
4120-4001.. For the housing registry for the disabled ................................................................................................. $80,000
4120-4010.. For the turning 22 program of the commission ........................................................................................ $801,551
Governor reduced the following item by $406,032 and disapproved wording as indictated for message see H4840
4120-5000.. For homemaking services ...................................................................................................................... $4,770,118 4,364,086
General Fund.............................................................................. 91.488%
FMAP Budget Relief Fund......................................................... 8.512%
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 .................................................................................................$11,171,360
Massachusetts Commission for the Deaf and Hard of Hearing.
Governor reduced the following item by $65,127 and disapproved wording as indictated for message see H4840
4125-0100.. For the operation of and services provided by the Massachusetts commission for the deaf and hard of hearing............ $4,895,345 4,830,218
General Fund.............................................................................. 98.670%
FMAP Budget Relief Fund......................................................... 1.330%
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; and provided further, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2010 ............................................................................... $25,940,788
4180-1100.. For the Soldiers’ Home in Massachusetts which may expend not more than $360,000 in revenues for facility maintenance and patient care, including personnel costs; provided, that 60 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; provided further, that the Soldiers’ Home may accept gifts, grants, donations and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued ............................................... $360,000
Soldiers’ Home in Holyoke.
4190-0100.. 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 2010...................................... $19,438,450
4190-0101.. For the Soldiers’ Home in Holyoke which may expend for its operation an amount not to exceed $5,000 from the licensing of the property for placement of aerial antennas .............................. $5,000
4190-0102.. For the Soldiers’ Home in Holyoke which may expend for the outpatient pharmacy program an amount not to exceed $110,000 from co-payments which it may charge to users of the program; provided, that no co-payments shall be imposed or required of any person which exceed the level of co-payments charged in fiscal year 2010..................... $110,000
4190-0200.. For the Soldiers’ Home in Holyoke which may expend not more than $25,000 from fees collected from veterans in its care for the purposes of providing television and telephone services to residents; provided, that fees from the use of telephones and televisions shall only be expended for payments to vendors for said services; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the soldiers’ home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....... $25,000
4190-1100.. For the Soldiers’ Home in Holyoke which may expend not more than $240,000 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; provided further, that the Soldiers’ Home may accept gifts, grants, donations and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued $240,000
Department of Youth Services.
Governor reduced the following item by $257,762 and disapproved wording as indictated for message see H4840
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; and 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 2011 and 2012 to the house and senate committees on ways and means by December 3, 2010......................... $4,516,910 4,259,148
General Fund.............................................................................. 95.505%
FMAP Budget Relief Fund......................................................... 4.495%
Governor reduced the following item by $317,402 and disapproved wording as indictated for message see H4840
4200-0100.. For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that the commissioner may transfer up to 6 per cent of the amount appropriated in this item to items 4200-0200 and 4200-0300; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer...................................................... $21,936,465 21,619,063
General Fund.............................................................................. 98.553%
FMAP Budget Relief Fund......................................................... 1.447%
Governor reduced the following item by $55,000 and disapproved wording as indictated for message see H4840
4200-0200.. For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 6 per cent of the amount appropriated herein to items 4200-0100 and 4200-0300; and provided further, that 30 days before any transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer.............................................. $18,311,369 18,256,369
General Fund.............................................................................. 99.700%
FMAP Budget Relief Fund......................................................... 0.300%
Governor reduced the following item by $58,000 and disapproved wording as indictated for message see H4840
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 the commissioner may transfer up to 6 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 ............................ $96,479,853 96,421,853
General Fund.............................................................................. 99.940%
FMAP Budget Relief Fund......................................................... 0.060%
4200-0500.. For enhanced salaries for teachers at the department of youth services ....................................................... $2,500,000
OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.
Department of Transitional Assistance.
Governor reduced the following item by $1,163,056 and disapproved wording as indictated for message see H4840
4400-1000.. For the central administration of the department of transitional assistance; provided, that all costs associated with verifying disability for all programs of the department shall be paid from this item; provided further, that the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements and public assistance caseloads and benefits; provided further, that the department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the executive office of health and human services for a determination of eligibility under said chapter 118E; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating supplemental nutrition assistance program applications and redeterminations; and provided further, that the department shall report to the house and senate committees on ways and means not later than December 15, 2010 on the extended office hours and placement of workers at community and human service organizations that the department has determined is feasible within the appropriation provided and that the department will provide in the current fiscal year ... $52,747,472 51,584,416
General Fund.............................................................................. 99.052%
FMAP Budget Relief Fund......................................................... 0.948%
Governor reduced the following item by $250,500 and disapproved wording as indictated for message see H4840
4400-1001.. For programs to increase the commonwealth’s participation rate in the supplemental nutrition assistance program and other federal nutrition programs; provided, that funds may be expended for a grant with Project Bread-The Walk for Hunger, Inc.; provided further, that the work of department employees paid for from this item shall be restricted to processing supplemental nutrition assistance program applications; provided further, that the department shall not require supplemental nutrition assistance program applicants to provide re-verification of eligibility factors previously verified and not subject to change; provided further, that notwithstanding any general or special law to the contrary, the department shall require only 1 signature from supplemental nutrition assistance program applicants; provided further, that the department shall fund a unit staffed by department employees to respond to supplemental nutrition assistance program inquiries, and arrange for and conduct telephone interviews for initial supplemental nutrition assistance program applications from this item; provided further, that the department shall fund a system to image and catalogue eligibility documents electronically from this item; provided further, that funds may be expended for supplemental nutrition assistance program outreach; and provided further, that the department shall report to the house and senate committees on ways and means not later than December 1, 2010 on the status of these programs....... $3,131,194 2,880,694
General Fund.............................................................................. 92.000%
FMAP Budget Relief Fund......................................................... 8.000%
Governor reduced the following item by $21,804 and disapproved wording as indictated for message see H4840
4400-1025.. For domestic violence specialists at local area offices . $748,259 726,455
General Fund.............................................................................. 97.086%
FMAP Budget Relief Fund......................................................... 2.914%
4400-1100.. For the payroll of the department’s caseworkers; provided, that only employees of bargaining unit 8 shall be paid from this item $54,386,089
Governor reduced the following item by $8,063,415 and disapproved wording as indictated for message see H4840
4401-1000.. For employment and training services, including support services, for recipients of benefits provided under the transitional aid to families with dependent children program; provided, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits; provided further, that funds may 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 ......................... $23,042,578 14,979,163
General Fund.............................................................................. 65.006%
FMAP Budget Relief Fund....................................................... 34.994%
Governor reduced the following item by $1,000,001 and disapproved wording as indictated for message see H4840
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 benefit under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year 2010 unless the department determines that a reduction in the monthly payment standard should be implemented before the end of the fiscal year to keep program expenditures within the amounts appropriated in this item; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under subsection (e) of section 110 of chapter 5 of the acts of 1995, or any successor statute, shall be 2.75 per cent below the otherwise applicable payment standard, in fiscal year 2011, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify parents under the age of 20 receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5 of the acts of 1995, or any successor statute; provided further, that a $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that a nonrecurring children’s clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September 2010; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September 2010; provided further, that benefits under this program shall not be available to those families in which a child has been removed from the household pursuant to a court order after a care and protection hearing under chapter 119 of the General Laws, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of children and families in accordance with department procedures; provided further, that notwithstanding section 2 of chapter 118 of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month the payments are to be made or within the 3 month period after the month of payment, and who, if the child had been born and was living with such woman in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits; provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for the loss; provided further, that the department shall review its disability standards to determine the extent to which they reflect the current medical and vocational criteria and report on the proposed revisions by December 1, 2010, to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the results of that review before any changes to the standards are proposed; provided further, that no funds from this item shall be expended by the department for child care or transportation services for the employment and training program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that the department shall provide oral and written notification to all recipients of their child care benefits at the time of application and on a semi-annual basis; provided further, that the notification shall include the full range of child care options available, including center-based child care, family-based child care and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits and transitional benefits; provided further, that the notice shall further advise recipients of the availability of supplemental nutrition assistance program benefits; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility for, or levels of benefits under the program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding any general or special law to the contrary, 90 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; provided further, that the report shall state exactly which components of the current benefit package shall be altered, and the department’s assessment of the effects of such benefit or eligibility changes upon recipient families and the number of families affected by the benefit changes; provided further, the report shall outline all steps that the department has taken to avoid or mitigate any such benefit changes; provided further, the report shall detail the savings realized by any such changes to benefits or eligibility; and provided further that no benefit changes shall go into effect prior to January 17, 2011..................................................... $316,165,900 315,165,899
General Fund.............................................................................. 99.684%
FMAP Budget Relief Fund......................................................... 0.316%
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....................................................... $6,576,576
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....................................... $224,184,854
Governor reduced the following item by $3,584,318 and disapproved wording as indictated for message see H4840
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 such individuals’ capacity to support themselves and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under said chapter 118 and under said separate program; provided further, that no ex-offender, person over age 45 without a prior work history or person in a residential treatment facility shall be eligible for benefits under this program unless the person otherwise meets the eligibility criteria described in this item and defined by regulations of the department; provided further, that no person incarcerated in a correctional institution shall be eligible for benefits under the program; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall adopt emergency regulations under chapter 30A of the General Laws to implement the changes to this program required by this item promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted in this item at the payment standard in effect for the former general relief program in fiscal year 1991; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the amount appropriated in this item; provided further, that the department may promulgate emergency regulations under chapter 30A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing in this item shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that reimbursements collected from the Social Security Administration on behalf of former clients of the emergency aid to the elderly, disabled and children program or unprocessed payments from the program that are returned to the department shall be credited to the General Fund; provided further, that notwithstanding any general or special law to the contrary, the funds made available in this item shall be the only funds available for the program, and the department shall not spend funds for the program in excess of the amount made available in this item; provided further, that notwithstanding any general or special law to the contrary, 90 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; provided further, that the report shall state exactly which components of the current benefit package shall be altered, and the department’s assessment of the effects of such benefit or eligibility changes upon recipient families and the number of families affected by the benefit changes; provided further, the report shall outline all steps that the department has taken to avoid or mitigate any such benefit changes; provided further the report shall detail the savings realized by any such changes to benefits or eligibility; and provided further that no benefit changes shall go into effect prior to January 17, 2011...................................................... $88,243,284 Governor reduced the following item by $3,584,318 and disapproved wording as indictated for message see H484084,658,966
General Fund.............................................................................. 95.938%
FMAP Budget Relief Fund......................................................... 4.062%
OFFICE OF HEALTH SERVICES.
Department of Public Health.
Governor reduced the following item by $150,000 and disapproved wording as indictated for message see H4840
4510-0040.. For the department of public health; provided, that the department may expend for the regulation of all pharmaceutical and medical device companies that market their products in the commonwealth an amount not to exceed $571,493 from fees assessed under chapter 111N of the General Laws; 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; and provided further, that not less than $150,000 may be expended for the Healthcare Industry Grant Corporation to provide career ladder job training for healthcare workers $571,493 421,493
General Fund.............................................................................. 73.753%
FMAP Budget Relief Fund....................................................... 26.247%
Governor reduced the following item by $571,005 and disapproved wording as indictated for message see H4840
4510-0100.. For the administration and operation of the department, including the personnel support of programmatic staff within the department, including the health statistics program, the operation of the registry of vital records and statistics, and the Massachusetts Cancer Registry; provided, that the department shall make every effort to obtain maximum federal financial participation, including grants, relating to its programs; provided further, that the department shall give specific consideration to additional monies available pursuant to the Patient Protection and Affordability Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; provided further, that the department shall file a report with the house and senate committees on ways and means detailing the grants for which it has applied and received approval not later than February 1, 2011; and provided further, that not less than $79,000 may be expended for programs funded in item 4512-0200 in section 2 of chapter 182 of the acts of 2008 assisting with the Haitian earthquake relief efforts ...................................................... $17,935,154 17,364,149
General Fund.............................................................................. 98.061%
FMAP Budget Relief Fund......................................................... 1.939%
Governor reduced the following item by $7,924 and disapproved wording as indictated for message see H4840
4510-0110.. For community health center services .................... $915,764 907,840
General Fund.............................................................................. 99.135%
FMAP Budget Relief Fund......................................................... 0.865%
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 department shall file a report with the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing on the status of local health inspections of food establishments, consistent with the department of public health food safety regulations and a report on the current waiting list for indoor air inspections by October 1, 2010; provided further, that $195,000 shall be expended for the purpose of the continuation of an environmental risk assessment of the health impacts of the General Lawrence Logan Airport in the East Boston section of the city of Boston on any community that is located within a 5 mile radius of the airport and is potentially impacted by the airport; provided further, that the assessment may include, but not be limited to, examining incidences of respiratory diseases and cancers and performing medical and laboratory tests and examinations of residents of these communities; provided further, that the bureau shall report its findings, together with any recommended response actions by the commonwealth, to the house and senate committees on ways and means not later than June 1, 2011; and provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the environmental risk assessment shall be assessed upon the Massachusetts Port Authority and paid within 30 days after receipt of notice of such assessment from the commissioner of public health...... $3,176,362
4510-0615.. The department may expend not more than $180,000 from assessments collected under section 5K of chapter 111 of the General Laws for services provided to monitor, survey and inspect nuclear power reactors; provided, that the department may expend not more than $1,481,878 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 ........................... $1,661,878
4510-0616.. For the department, which may expend not more than $815,480 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 ............................. $815,480
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 services funded through this item shall include, but not be limited to: education, training, intervention, support, surveillance and evaluation; and 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 January 14, 2011 and the report shall include, but not be limited to, the following information: (a) the number of individuals trained; (b) the facilities and cities and towns in which these professionals work; (c) an evaluation of the impact of the program on best practices, models of quality care giving and the culture of workforce retention within the facilities and any recommendations, if needed, for improving upon these areas; (d) an evaluation of the education, training, intervention, support and surveillance services funded through this item and any recommendations, if needed, for improving upon these services; and (e) an evaluation any of changes in the quality of care in long-term care facilities due to the program, including the number of patients affected by such changes............................... $6,768,109
4510-0712.. For the department of public health; provided, that the department may expend not more than $457,670 in revenues collected from the licensure of health facilities for program costs of the division of health care quality; provided further, that the department may expend not more than $877,402 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 as reported in the state accounting system ... $1,335,072
Governor disapproved the following item for message see H4840
4510-0715.. For the operation of a center for primary care recruitment and placement to improve access to primary care services; provided, that funds may be expended for primary care workforce development and loan forgiveness grant program............................................ $157,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor disapproved the following item for message see H4840
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 diagnose prescription drugs........................... $93,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $95,779 and disapproved wording as indictated for message see H4840
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, 2011 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....................................................... $1,108,505 1,012,726
General Fund.............................................................................. 91.360%
FMAP Budget Relief Fund......................................................... 8.640%
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, 2011, 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............................. $247,908
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: (a) the total number of cases referred to and reviewed by the board; (b) the resolution of such cases; (c) the approximate number of cases assigned to each investigator; (d) any increases or decreases in cases referred to the board in the previous 6 months; and (e) a compilation of cases from its patient care assessment program describing incidents involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting 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 house and senate committees on ways and means, the joint committee on health care financing and the joint committee on public health by January 4, 2011, and shall make the compilation widely available, including by electronic means, to the public; and provided further, that the board shall promulgate rules and regulations to coordinate their patient care assessment program with the boards of registration in nursing and pharmacy ........ $1,268,772
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 ......................... $347,904
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
Governor reduced the following item by $23,896 and disapproved wording as indictated for message see H4840
4510-0790.. For regional emergency medical services; provided, that no funds shall be expended in the AA object class; and provided further, that the regional emergency medical services councils, designated under 105 CMR 170.101 and the C-MED medical emergency communications centers that were in existence on January 1, 1992, shall remain the designated councils and C-MED communications centers......................... $955,855 931,959
General Fund.............................................................................. 97.500%
FMAP Budget Relief Fund......................................................... 2.500%
Governor reduced the following item by $300,000 and disapproved wording as indictated for message see H4840
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 to support children’s advocacy centers; and provided further, that the program shall operate under specific statewide protocols and by an on-call system of nurse examiners.............................................. $3,460,740 3,160,740
General Fund.............................................................................. 91.331%
FMAP Budget Relief Fund......................................................... 8.669%
Governor reduced the following item by $1,733,881 and disapproved wording as indictated for message see H4840
4512-0103.. For human immunodeficiency virus and acquired immune deficiency syndrome services and programs and related services for persons affected by the associated conditions of viral hepatitis and sexually transmitted infections; provided, that particular attention shall be paid to direct funding proportionately to each of the demographic groups afflicted by HIV/AIDS and associated conditions; and provided further, that no funds from this item shall be expended for disease research in fiscal year 2011.................................................. $34,831,691 33,097,810
General Fund.............................................................................. 95.022%
FMAP Budget Relief Fund......................................................... 4.978%
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
Governor reduced the following item by $1,408,646 and disapproved wording as indictated for message see H4840
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 programs may receive the amount of funding in fiscal year 2011 as received in fiscal year 2010 ................................................. $75,924,448 74,515,802
Substance Abuse Prevention andTreatment Fund............................ 98.145%
FMAP Budget Relief Fund.................................................................. 1.855%
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; and provided further, that the department shall submit quarterly to the house and senate committees on ways and means a report on the number of individuals served by the step-down recovery services program ...................................... $4,800,000
Substance Abuse Prevention and Treatment Fund.......................... 100.000%
Governor reduced the following item by $2,000,000 and disapproved wording as indictated for message see H4840
4512-0202.. For pilot jail diversion programs primarily for nonviolent offenders with OxyContin or heroin addiction to be procured by the department of public health; provided, that each program shall have at least 60 beds and shall provide clinical assessment services to the respective courts, inpatient treatment for up to 90 days and ongoing case management services for up to 1 year; provided further, that individuals may be diverted to this or other programs by a district attorney in conjunction with the office of the commissioner of probation if: (a) there is reason to believe that the individual being diverted suffers from an addiction to OxyContin or heroin, or other substance use disorder; and (b) the diversion of an individual is clinically appropriate and consistent with established clinical and public safety criteria; provided further, that programs shall be established in separate counties in locations deemed suitable by the department of public health; provided further, that the department of public health shall coordinate operations with the sheriffs, the district attorneys, the office of the commissioner of probation and the department of correction; provided further, that not more than $500,000 shall be used to support the ongoing treatment needs of clients after 90 days for which there is no other payer; and provided further, that not later than August 2, 2010, the department of public health shall provide a report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means as to the outcomes of the program and the cost of operations....................................................... $4,000,000 2,000,000
Substance Abuse Prevention and Treatment Fund............................ 50.000%
FMAP Budget Relief Fund................................................................ 50.000%
4512-0203.. For family intervention and care management services programs, a young adult treatment program, and early intervention services for individuals who are dependent on or addicted to alcohol or controlled substances or both alcohol and controlled substances ................ $1,500,000
Substance Abuse Prevention and Treatment Fund.......................... 100.000%
Governor reduced the following item by $500,000 and disapproved wording as indictated for message see H4840
4512-0225.. For the department of public health which may expend not more than $1,000,000 for a compulsive gamblers’ treatment program from unclaimed prize money held in the State Lottery Fund for more than 1 year from the date of the drawing when the unclaimed prize money was won, and from the proceeds of a multi-jurisdictional lottery game under subsection (e) of section 24A of chapter 10 of the General Laws; provided, that the state comptroller shall transfer the amount to the General Fund; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system $1,000,000 500,000
General Fund.............................................................................. 50.000%
FMAP Budget Relief Fund....................................................... 50.000%
4512-0500.. For dental health services; provided, that funds shall be expended to maintain a program of dental services for the developmentally disabled; and provided further, that funds may be expended for the Forsyth Institute’s Center for Children’s Oral Health.......... $1,412,792
4513-1000.. For the provision of family health services; provided, that funds shall be provided for comprehensive family planning services, including HIV counseling and testing, community-based health education and outreach services provided by agencies certified as comprehensive family planning agencies; and provided further, that funds may be expended for the Massachusetts birth defects monitoring program ........ $4,655,623
Governor reduced the following item by $36,250 and disapproved wording as indictated for message see H4840
4513-1002.. For women, infants and children’s, WIC, nutrition services in addition to funds received under the federal nutrition program; provided, that all new WIC cases, in excess of fiscal year 1991 caseload levels, shall be served in accordance with priority categories 1 through 7, as defined by the state WIC program.............................. $12,465,134 12,428,884
General Fund.............................................................................. 99.709%
FMAP Budget Relief Fund......................................................... 0.291%
Governor reduced the following item by $3,275,000 and disapproved wording as indictated for message see H4840
4513-1012.. For the department of public health, which may expend not more than $26,875,000 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 ...................................................... $26,875,000 23,6000,000
General Fund.............................................................................. 87.814%
FMAP Budget Relief Fund....................................................... 12.186%
Governor reduced the following item by $1,660,940 and disapproved wording as indictated for message see H4840
4513-1020.. For the early intervention program; provided, that the department shall report quarterly to the house and senate committees on ways and means the total number of units of service purchased and the total expenditures for the units of service paid by the department, the executive office of health and human services and third party payers for early intervention services for the following services categories: home visit, center-based individual, child-focused group, parent-focused group, and screening and assessment; provided further, that the department shall make all reasonable efforts to secure third party and Medicaid reimbursements for the services funded in this item; provided further, that funds from this item shall be expended to provide respite services to families of children enrolled in early intervention programs who have complex care requirements, multiple disabilities and extensive medical and health needs; provided further, that priority shall be given to low and moderate income families; provided further, that 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, 2011; provided further, that no claim for reimbursement made on behalf of an uninsured person shall be paid from this item until the program receives notice of a denial of eligibility for the MassHealth program from the executive office of health and human services; provided further, that nothing in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the early intervention services funded in this item; provided further, that the department shall provide written notification to the senate and house committees on ways and means 90 days prior to any change to its current eligibility criteria; and provided further, that these funds may be used to pay for current and prior year claims ........................ $26,610,324 24,949,384
General Fund.............................................................................. 93.758%
FMAP Budget Relief Fund......................................................... 6.242%
4513-1023.. For the universal newborn hearing screening program; provided, that the funds appropriated in this item shall be expended for the notification of and follow through with affected families, primary care providers and early intervention programs upon the department’s receipt of data indicative of potential hearing disorders in newborns .... $65,494
Governor disapproved the following item for message see H4840
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 .................... $178,412
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $341,324 and disapproved wording as indictated for message see H4840
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 may be expended for a program to address elder suicide behavior and attempts with the Geriatric Mental Health Services program within the department of elder affairs; provided further, that funds 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 or concerned family members of those veterans so that they may be directed towards the programs and services offered by their local or regional Veterans Services office; 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; provided further, that the SAVE Team in the department of veterans’ services for suicide prevention and intervention services may receive an amount that is not less than the amount it received in fiscal year 2010; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,the SAVE Team in the department of veterans’ services for suicide prevention and intervention services shall receive an amount that is not less than the amount it received in fiscal year 2010... $3,569,444 3,228,120
General Fund.............................................................................. 90.438%
FMAP Budget Relief Fund......................................................... 9.562%
Governor reduced the following item by $125,000 and disapproved wording as indictated for message see H4840
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 and 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; colorectal cancer prevention; prostate cancer screening, education and treatment with a particular focus on African American males; osteoporosis education; maintenance of the Amyotrophic Lateral Sclerosis registry created pursuant to section 25A of chapter 111 of the General Laws; and maintenance of the statewide lupus database; provided further, that funds may be expended for the operation of the Betsy Lehman Center for patient safety; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, funds shall be expended for a program to combat mental retardation in children suffering from a genetic effect causing phenyllketonuria; brain aneurysm education, awareness and early detection; and the operation of the Betsy Lehman Center $6,074,484 5,949,484
General Fund.............................................................................. 97.942%
FMAP Budget Relief Fund......................................................... 2.058%
Governor reduced the following item by $501,420 and disapproved wording as indictated for message see H4840
4513-1130.. For domestic violence and sexual assault prevention and victim services, including batterers’ intervention and services for immigrants and refugees; provided, that funds shall be expended for rape prevention and victim services, including the statewide Spanish language hotline; provided further, that funds shall be expended for the public health model of community engagement and intervention services for crisis housing for sexual violence and intimate partner violence in the gay, lesbian, bisexual and transgender community; and provided further, that monies may be expended for the classroom-based domestic violence prevention education program administered in item 0340-0900 in fiscal year 2009.............................................. $5,408,264 4,906,844
General Fund.............................................................................. 90.729%
FMAP Budget Relief Fund......................................................... 9.271%
4516-0263.. For the department of public health; provided, that said department may expend not more than $1,173,585 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 as reported in the state accounting system ........................... $1,173,585
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; and provided further, that funds from this item may be expended for the purchase of equipment for the drug laboratory at the state laboratory institute.................................. $13,293,542
4516-1010.. For state matching funds required by the Pandemic and All-Hazards Preparedness Act....................................... $2,267,426
4516-1022.. For the department of public health; provided, that the department may expend not more than $255,319 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 ............................. $255,319
4518-0200.. For the department which may expend not more than $400,000 generated by fees collected from the following services provided at the registry of vital records and statistics: amendments of vital records, requests for vital records not issued in person at the registry, requests for heirloom certificates and research requests performed by registry staff at the registry; provided, that revenues so collected may be used for all program costs, including the compensation of employees; provided further, that the registrar of vital records and statistics shall exempt from payment of a fee any person requesting a verification of birth for the purpose of establishing eligibility for Medicaid; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system......................................................... $400,000
Governor reduced the following item by $50,000 and disapproved wording as indictated for message see H4840
4530-9000.. For teenage pregnancy prevention services; provided, that applications for such funds shall be administered through the department upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by the department; provided further, that portions of the grants may be used for state agency purchases of designated services identified by the community service plans; provided further, that funding shall be expended on those communities with the highest teen birth rates according to an annual statistical estimate conducted by the department; provided further, that funds shall be expended on programming directed at children under the care of the department of children and families who are at high risk for teenage pregnancy; and provided further, that the department shall collaborate with the department of children and families on this programming....................................................... $2,448,327 2,398,327
General Fund.............................................................................. 97.958%
FMAP Budget Relief Fund......................................................... 2.042%
4570-1502.. For the purposes of implementing a statewide infection prevention and control program.......................................... $319,052
Governor reduced the following item by $1,964,812 and disapproved wording as indictated for message see H4840
4580-1000.. For the operation of the universal immunization program; provided, that no funds appropriated in this item shall be expended for administrative or energy expenses of the department not directly related to programs funded in this item; and provided further, that notwithstanding any general or special law to the contrary, the costs of purchasing and distributing childhood vaccines for children in this item may be assessed, in an amount not less than the amount assessed in fiscal year 2010, on surcharge payers under section 38 of chapter 118G of the General Laws and may be collected in a manner consistent with said chapter 118G ......................................... $52,075,589 50,110,777
General Fund.............................................................................. 96.227%
FMAP Budget Relief Fund......................................................... 3.773%
Governor reduced the following item by $126,958 and disapproved wording as indictated for message see H4840
4590-0250.. For school health services and school-based health centers in public and non-public schools; provided, that services shall include, but not be limited to: (a) strengthening the infrastructure of school health services in the areas of personnel 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 elementary and secondary education; provided further, that funding may be expended to address the recommendations of the commission on gay, lesbian, bisexual and transgender youth, established in section 67 of chapter 3 of the General Laws, for the reduction of health disparities for gay, lesbian bisexual and transgendered youth; provided further, that the same percentage of funds may be expended for school nurse programs as those expended in fiscal year 2010; provided further, that funds may be expended for the Massachusetts Model of Community Coalitions; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,the department shall expend the same percentage of funds for the school nurse programs as those expended in fiscal year 2010. $11,724,925 11,597,967
Substance Abuse Prevention and Treatment Fund............................ 98.917%
FMAP Budget Relief Fund.................................................................. 1.083%
4590-0300.. For smoking prevention and cessation programs.......... $4,485,983
Substance Abuse Prevention and Treatment Fund.......................... 100.000%
4590-0912.. For the department of public health, which may expend an amount not to exceed $16,400,049 from reimbursements collected for western Massachusetts hospital services, subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital-related costs, including personnel, capital expenditures, DD object class chargebacks and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall be eligible to receive and retain full payment under the medical assistance program administered by the executive office of health and human services pursuant to chapter 118E of the General Laws for all goods and services provided by the hospital in accordance with all federal requirements; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall reimburse the General Fund for a portion of employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary of administration and finance; provided further, that such reimbursement shall not exceed 10 per cent of total personnel costs for the hospital; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item.......................... $16,400,049
4590-0913.. For the department of public health which may expend not more than $499,827 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 ......................................................... $499,827
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 no funds appropriated in this item shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item; provided further, that reimbursements received for medical services provided at the Lemuel Shattuck hospital to inmates of county correctional facilities not managed by private health care vendors shall be credited to item 4590-0903 of section 2B; provided further, that the Massachusetts hospital school shall maintain not less than 120 beds for clients in its inpatient setting; and provided further, that notwithstanding any general or special law to the contrary, the department shall seek to obtain federal financial participation for care provided to inmates of the department of correction and of county correctional facilities who are treated at the public health hospitals.............................. $139,429,106
4590-0917.. For the department of public health; provided, that the department may expend an amount not to exceed $4,111,774 from payments received from the vendor managing health services for state correctional facilities for inmate medical services provided by the Lemuel Shattuck hospital; provided further, that the payments may include capitation payments, fee for service payments, advance payments and other compensation arrangements established by contract between the vendor and the hospital; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................... $4,111,774
Governor reduced the following item by $2,170 and disapproved wording as indictated for message see H4840
4590-1503.. For the pediatric palliative care program established in section 24K of chapter 111 of the General Laws.......................... $788,614 786,444
General Fund.............................................................................. 99.725%
FMAP Budget Relief Fund......................................................... 0.275%
4590-1506.. For a competitive grant program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that eligibility shall be determined by the criteria set forth in item 4590-1506 of section 2 of chapter 182 of the acts of 2008; provided further, that no grants shall be awarded to law enforcement agencies; provided further, that funds shall be considered one-time and grants may not annualize in fiscal year 2012; provided further, that no grant funds shall be expended on food or beverages; provided further, that the department of public health shall report to the house and senate committees on ways and means and the executive office of administration and finance not later than November 1, 2010, detailing the grant amount awarded to each recipient and a description of each grant; and provided further, that each grant recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these grants................................. $1,500,000
Governor reduced the following item by $200,000 and disapproved wording as indictated for message see H4840
4590-1507.. For matching grants to the Massachusetts Alliance of Boys & Girls Clubs, and the Alliance of Massachusetts YMCAs and YWCA organizations, nonprofit community centers and youth development programs; provided, that the department of public health shall funds to each organization previously included in the youth-at-risk grants, upon commitment of matching funds from such organizations; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, the department shall award the full amount of each grant to each organization previously included in the youth-at-risk grants, upon commitment of matching funds from such organization.... $1,500,000 1,300,000
General Fund.............................................................................. 86.667%
FMAP Budget Relief Fund....................................................... 13.333%
OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.
Department of Children and Families.
Governor reduced the following item by $3,974,576 and disapproved wording as indictated for message see H4840
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 if placement of a child with someone other than a parent becomes necessary, the department shall place the highest priority on identifying a family resource within the child’s kinship or family circle and shall provide services and support to partner with the family resource in meeting the child’s needs; provided further, that the department, in consultation with the department of mental health, shall assist the latter department in making such assessments and recommendations; provided further, that unless otherwise authorized, all funds, including federal reimbursements received by the department, shall be credited to the General Fund; provided further, that the department and the department of early education and care shall provide standards for early education and care placements made through the supportive child care program; provided further, that the department of children and families, in collaboration with the department of early education and care, shall maintain a centralized list detailing the number of children eligible for supportive child care services, the number of supportive slots filled and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that all children eligible for services under item 3000-3050 shall receive said services; provided further, that notwithstanding any general or special law to the contrary, the department shall not reduce recoupment amounts recommended by the state auditor; provided further, that by October 1, 2010, the department shall issue draft revised regulations for public comment which shall ensure that the department maintains an independent, timely and fair administrative hearings system and shall issue final regulations by December 1, 2010; provided further, that not later than October 1, 2010, the department shall; (a) revise its procedures to ensure that newly requested administrative hearings are scheduled and decided upon on a timely basis; and (b) submit to the joint committee on children, families and persons with disabilities a plan for eliminating its backlog of administrative hearing requests; provided further, that the plan shall identify the number of fair hearing requests that were pending as of July 1, 2010, and shall set quarterly benchmarks for elimination of the backlog; provided further, that the department shall submit quarterly reports to the joint committee on children, families, and persons with disabilities on the status of the backlog; provided further, that the department shall employ not less than 1 full-time board-certified physician; provided further, that the department shall employ not less than 4 full-time board certified or board eligible child psychiatrists to serve the area offices; provided further, that hiring and supervision shall be done in conjunction with the department of mental health; provided further, that such physicians shall collaborate with the department’s social workers; provided further, that not later than February 15 of the current fiscal year, the department shall provide to the house and senate committees on ways and means and the joint committee on children and families a report detailing the number of medical and psychiatric personnel currently employed by or under contract with the department; provided further, that the report shall include the number of foster care reviews conducted by the department and the average length of time in which each review is completed; provided further, that the report shall contain the number of the department’s contracts reviewed by the state auditor and the number of corrective action plans issued; provided further, that the report shall also include the number of corrective action plans entered into by the department; provided further, that the report shall include the number of social workers and supervisors who have earned a bachelors’ or masters’ degree in social work; provided further, that the report shall include the total number of social workers and the total number of social workers holding licensure, by level; provided further, that the department shall file a report on the first business day of each month to the senate and house committees on ways and means and the joint committee on children and families on the caseload of the department; provided further, that caseloads provided in this report shall include: residential placements, group care, foster care, therapeutic foster care, adoption, guardianship, 51A reports, substantiated 51A reports, the number of children who die in the care and custody of the department, the number of children currently eligible for supportive child care and the number of children presently receiving supportive child care, and the number of medical and psychiatric consultation requests made by the department’s social workers; provided further, that the report shall include the number of approved foster care placements; provided further, that the report shall also include the number of children in psychiatric hospitals and community-based acute treatment programs who remain hospitalized beyond their medically-necessary stay while awaiting placement and the number of days each case remains in placement beyond that which is medically-necessary; provided further, that the report shall include the number of children under the department of children and families care and custody who are being served in medical or psychiatric care provided through other publicly-funded sources; provided further, that the report shall also contain the number of children served by supervised visitation centers and the number of those children who are reunified with their families; provided further, that the report shall contain information on the total number of children served, their ages, the number of children served in each service plan, the number of children in out-of-home placements and the number of placements each child has had before receiving an out-of-home placement; provided further, that the report shall also contain, for each area office, the number of kinship guardianship subsidies provided in the month covered by the report, and the number of kinship guardianship subsidies provided in that month for which federal reimbursement was received; provided further, that the report shall also contain, for each area office, the total spending on services other than case management services provided to families for the purposes of keeping a child with his parents or reunifying the child with his parents, spending by type of the service, and the unduplicated number of families that receive the services; provided further, that the report shall also contain for each area office, the total number of families in the month residing in shelter paid for by the department, a list of where the families are sheltered, the total cost and average cost per family of those shelters, and a description of how the department determines who does or does not qualify for shelter; provided further, that the report shall include, for each area office, broken down by type of service, the number of requests for voluntary services, whether the request was approved or denied, the reasons for denying the service, and what, if any, referrals were made for services by other agencies or entities; provided further, that the report shall also contain the number of families receiving multiple 51A reports within a 10-month period, the number of cases reopened within 6 months of being closed and the number of children who return home and then re-enter an out-of-home placement within 6 months; provided further, that not later than November 2, 2010, the department shall submit a report to the house and senate committees on ways and means and the chairs of the joint committee on children and families that includes any rules, regulations, or guidelines established by the department to carry out its duties pursuant to chapter 119 of the General Laws, including, but not limited to (a) criteria used to determine whether a child has been abused or neglected; (b) guidelines for removal of a child from the home; and (c) standards to determine what reasonable efforts are made to keep a child in the home; provided further, that the commissioner of the department of children and families may transfer funds between items 4800-0030, 4800-0038, 4800-0040 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 more than 5 per cent of any item shall be transferred in fiscal year 2011; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, no funds shall be transferred from 4800-0040.......... $68,066,292 64,091,716
General Fund.............................................................................. 94.161%
FMAP Budget Relief Fund......................................................... 5.839%
4800-0016.. For the department of children and families which may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of the department of children and families may enter into a contract with Roca, Inc., a not-for-profit community-based agency, to manage the transitional employment program and to provide services to participants from the aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs.......... $2,000,000
4800-0025.. For foster care review services........................ $2,671,274
Governor reduced the following item by $1,000,000 and disapproved wording as indictated for message see H4840
4800-0030.. For the continuation of local and regional administration and coordination of services provided by lead agencies through purchase-of-service contracts; provided, that flex services man dated by this item and provided by these agencies shall be funded from this item; and provided further, that funding shall only be expended in the MM object class.................................................. $7,000,000 6,000,000
General Fund.............................................................................. 85.714%
FMAP Budget Relief Fund....................................................... 14.286%
4800-0036.. For a sexual abuse intervention network program to be administered in conjunction with the district attorneys.................. $697,508
Governor reduced the following item by $4,248,000 and disapproved wording as indictated for message see H4840
4800-0038.. For guardianship, foster care, adoption, family preservation, and kinship services provided by the department of children and families; provided further, that services funded through this item shall include shelter services, substance abuse treatment, young parent programs, parent aides, education and counseling 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 $298,000 may be expended for alternative school students aged 14 to 16, inclusive, who are determined to be children in need of services or CHINS; provided further, that the regional offices shall work with the contracted entities for children placed in the intensive foster care system and with the receiving communities of these children to ensure all necessary services are provided; provided further, that funding may be expended on the young parent support program, supervised visitation programs, children’s advocacy centers, services for child victims of sexual abuse and assault, family support and stabilization services, and community-based support and education programs helping low-income, female-headed families break the cycle of poverty; provided further, that funds may be expended on programs that received funding in fiscal year 2010; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, no less than $298,000 shall be expended for alternative school students aged 14 to 16, inclusive, who are determined to be children in need of services or CHINS.................................... $251,681,594 247,433,594
General Fund.............................................................................. 98.312%
FMAP Budget Relief Fund......................................................... 1.688%
Governor reduced the following item by $3,150,000 and disapproved wording as indictated for message see H4840
4800-0040.. For family preservation and reunification; provided, that services shall include family support and stabilization services provided by the department; and provided further, that no funds shall be expended from this item for the compensation of administrative employees and associated administrative costs of the department .... $44,100,000 40,950,000
General Fund.............................................................................. 92.857%
FMAP Budget Relief Fund......................................................... 7.143%
Governor reduced the following item by $3,832,686 and disapproved wording as indictated for message see H4840
4800-0041.. For group care services; provided, that funds may be expended from this item to provide intensive community-based services, including intensive in-home support and stabilization services, to children who would otherwise be placed in residential settings; and provided further, that the department shall oversee area review teams that shall evaluate the feasibility of maintaining the child in the community in this manner wherever possible before recommending placement in a residential setting..................................................... $205,419,166 201,586,480
General Fund.............................................................................. 98.134%
FMAP Budget Relief Fund......................................................... 1.866%
Governor reduced the following item by $41,265, disapproved wording as indictated and inserted in place thereof the following wording, for message see H4840
4800-0091.. For the department of children and families which may expend not more than $2,100,000 in federal reimbursements received under Title IV-E of the Social Security Act during fiscal year 2011 for the purposes of developing a training institute for professional development at the department of children and families with the University of Massachusetts Medical School and Salem State College
; and provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $2,100,000 shall be credited to the General Fund
; and provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $2,058,735 shall be credited to the General Fund ........................................... $2,100,000 2,058,735
General Fund.............................................................................. 98.035%
FMAP Budget Relief Fund......................................................... 1.965%
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 $270,919
Governor reduced the following item by $439,848 and disapproved wording as indictated for message see H4840
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; and provided further, that only employees of bargaining unit 8 as identified in the Massachusetts personnel administrative reporting and information system shall be paid from this item................................................. $155,572,202 155,132,354
General Fund.............................................................................. 99.717%
FMAP Budget Relief Fund......................................................... 0.283%
Governor reduced the following item by $1,202,730 and disapproved wording as indictated for message see H4840
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; and provided further, that domestic violence prevention specialists shall be funded from this item...................................................... $21,297,188 20,094,458
General Fund.............................................................................. 94.353%
FMAP Budget Relief Fund......................................................... 5.647%
OFFICE OF HEALTH SERVICES.
Department of Mental Health.
Governor reduced the following item by $747,071 and disapproved wording as indictated for message see H4840
5011-0100.. For the operation of the department; provided, that prior to January 3, 2011, the department shall hold public hearings in each area office locality for which a consolidation is planned detailing the nature of the consolidation, the savings generated by consolidation, and the effects of the consolidation on consumers or services provided by the department............................................ $27,148,707 26,401,636
General Fund.............................................................................. 98.498%
FMAP Budget Relief Fund......................................................... 1.502%
Governor reduced the following item by $400,000 and disapproved wording as indictated for message see H4840
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 the department shall not refer or discharge a child or adolescent to the custody or care of the department of children and families until the department of mental health forwards its assessment and recommendation as to whether the child or adolescent is appropriate for foster care or, due to severe emotional disturbance, is more appropriate for group care; and provided further, that funds may be expended for the Child Psychiatry Access Project... $72,173,509 71,773,509
General Fund.............................................................................. 99.446%
FMAP Budget Relief Fund......................................................... 0.554%
Governor reduced the following item by $2,000,001 and disapproved wording as indictated for message see H4840
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 2011, not later than February 7, 2011; and provided further, that Program of Assertive Community Treatment (PACT) services provided by the department in fiscal year 2010 may continue to be provided in fiscal year 2011 ..................... $325,755,802 323,755,801
General Fund.............................................................................. 99.386%
FMAP Budget Relief Fund......................................................... 0.614%
5046-2000.. For homelessness services; provided, that services may include community support and emergency psychiatric services ........... $20,134,424
5046-4000.. For the department of mental health which may expend not more than $125,000 in revenue collected from occupancy fees charged to the tenants in the creative housing option in community environments, the CHOICE program authorized by chapter 167 of the acts of 1987; provided, that all 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 ...... $34,122,197
5055-0000.. For forensic services provided by the department; provided, that funds may be expended for juvenile court clinics............. $8,081,928
Governor reduced the following item by $6,426,590 and disapproved wording as indictated for message see H4840
5095-0015.. For the operation of hospital facilities and community-based mental health services; provided, that in order to comply with the decision in Olmstead v. L.E. 527 U.S. 581 and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close psychiatric hospitals managed by the department and shall endeavor within available resources to discharge clients residing in the inpatient facilities to residential services in the community when the following criteria are met: (a) the client is deemed clinically suited for a more integrated setting; (b) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (c) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed facility; provided further, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at the centers and facilities; and provided further, that the department of mental health shall notify the joint committee on mental health and substance abuse and the house and senate committees on ways and means 60 days prior to the closure of any inpatient state hospital beds or community mental health programs and shall report to the committees any associated cost savings of any such consolidation or closure.............................................. $143,900,803 137,474,213
General Fund.............................................................................. 95.534%
FMAP Budget Relief Fund......................................................... 4.466%
Department of Developmental Services.
Governor reduced the following item by $5,710,521 and disapproved wording as indictated for message see H4840
5911-1003.. For the administration and operations of the department of developmental services; provided, that the department shall not charge user fees for transportation or community day services; provided further, that beginning July 1, 2010, the department shall track all prospective applicants with a diagnosis of Prader-willi syndrome who do not meet eligibility requirements to receive services provided by the department of developmental services due to definitions provided under 115 CMR 2.01; provided further, that the department shall develop an estimate of all residents with Prader-willi syndrome not currently being served by the department; provided further, that the department shall submit a report on the number of applicants and the number of residents estimated and the feasible costs of serving those applicants and potential applicants to the house and senate committees on ways and means no later than January 3, 2011, detailing associated service costs by type;and provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications of requests for transfer of guardianship. $62,866,194 57,155,673
General Fund.............................................................................. 90.916%
FMAP Budget Relief Fund......................................................... 9.084%
Governor reduced the following item by $395,893 and disapproved wording as indictated for message see H4840
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 .. $12,037,324 11,641,431
General Fund.............................................................................. 96.711%
FMAP Budget Relief Fund......................................................... 3.289%
Governor reduced the following item by $3,940,912 and disapproved wording as indictated for message see H4840
5920-2000.. For vendor-operated, community-based, residential adult services, including intensive individual supports; provided, that annualized funding shall be expended for turning 22 clients who began receiving the services in fiscal year 2010 pursuant to item 5920-5000 of section 2 of chapter 27 of the acts of 2009; provided further, that the commissioner of the department of developmental services shall transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer; and provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2011....... $720,703,042 7,16,762,130
General Fund.............................................................................. 99.453%
FMAP Budget Relief Fund......................................................... 0.547%
5920-2002.. For court monitor costs in compliance with the terms of the Rolland v. Patrick, 562 F. Supp. 2d 176 (D. MASS. 2008) ............ $400,000
Governor reduced the following item by $2,594,338 and disapproved wording as indictated for message see H4840
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.................... $145,583,697 142,989,359
General Fund.............................................................................. 98.218%
FMAP Budget Relief Fund......................................................... 1.782%
Governor reduced the following item by $4,720,917 and disapproved wording as indictated for message see H4840
5920-2025.. For community-based day and work programs for adults; provided, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,, annualized funding shall be expended for turning 22 clients who began receiving services in fiscal year 2010 pursuant to item 5920-5000 of section 2 of chapter 27 of the acts of 2009 ......... $119,988,888 115,267,971
General Fund.............................................................................. 96.066%
FMAP Budget Relief Fund......................................................... 3.934%
Governor reduced the following item by $1,516,886 and disapproved wording as indictated for message see H4840
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 ........................... $46,521,184 45,004,298
General Fund.............................................................................. 96.739%
FMAP Budget Relief Fund......................................................... 3.261%
Governor reduced the following item by $1,749 and disapproved wording as indictated for message see H4840
5920-3010.. For contracted support services for families with autistic children through the autism division at the department of developmental services; provided, that funds shall be expended for the purposes of providing services under the Children’s Autism Spectrum Disorder Waiver; provided further, that the department shall expend not less than the amount authorized in fiscal year 2010 on the Children’s Autism Spectrum Disorder Waiver; provided further, that at a minimum, this waiver shall include children with autism spectrum disorder ages 0 to 8, inclusive, including children with autism spectrum disorder ages 0 to 3, inclusive, receiving services through the department of public health’s early intervention program; provided further, that the income eligibility for the waiver shall not be any lower than MassHealth standard income eligibility for children; provided further, that the department shall take all steps necessary to ensure that eligible children with autism immediately begin to receive services pursuant to such waiver; provided further, that the department shall immediately file any waiver amendments necessary to comply with the requirements of this item with the Centers for Medicare and Medicaid services; provided further, that the department shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities on the number of contracted support services provided for families with autistic children under this item and the costs associated with such services, not later than January 4, 2011; provided further, that such report shall include, but not be limited to, the services provided by the Children’s Autism Spectrum Disorder Waiver, with information regarding the number of children enrolled in the waiver and receiving services, linguistic and cultural diversity, age, gender and geographic representation of the applicants and the children enrolled in the program, and department plans to continue to assess the demand for waiver services, any executive office of health and human services plans to expand the waiver for children on the autism spectrum of all ages in the future and any other information determined relevant by the department; and provided further, that the department shall submit copies of any amended waiver to the house and senate committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities upon submission of the amendment $4,130,229 4,128,480
General Fund.............................................................................. 99.958%
FMAP Budget Relief Fund......................................................... 0.042%
5920-5000.. For services to clients of the department who turn 22 years of age during state fiscal year 2011; provided, that the department shall report to the house and senate committees on ways and means not later than January 4, 2011, on the use of any funds encumbered or expended from this item including, but not limited to the number of clients served in each region and the types of services purchased in each region....................................................... $5,000,000
Governor reduced the following item by $215,230 and disapproved wording as indictated for message see H4840
5930-1000.. For the operation of facilities for individuals with intellectual disabilities; provided, that in order to comply with the decision in Olmstead v. L.E. 527 U.S. 581 and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close intermittent care facilities for the individuals with intellectual disabilities, in this item called ICF/MRs, managed by the department and shall endeavor, within available resources, to discharge clients residing in the ICF/MRs to residential services in the community if the following criteria are met: (a) the client is deemed clinically suited for a more integrated setting; (b) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (c) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in ICF/MRs; provided further, that any client transferred to another ICF/MR as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed ICF/MR; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item; provided further, that the Secretary of Administration and Finance shall complete a study of the reductions and closings of the Glavin Regional Center, the Monson Development Center and the Templeton Development Center, including intensive individual supports, for the purpose of closing those state institutions; provided further, that no steps shall be taken to close said institutions through layoffs until the study is completed; provided further, that the study shall examine the costs and benefits of maintaining the institutions and shall identify alternative methods of providing the services currently provided by those institutions; provided further, that the study shall identify the number and names of all private nonprofit vendors who contract with the department to provide direct care in the community, the amount of state and federal resources paid to those vendors in fiscal years 2008, 2009 and 2010 and the amount of clients served by these private nonprofit vendors in each of those fiscal years; provided further, that nothing in this item shall preclude an individual from exercising his rights to transfer to a community based residential placement either state or vendor operated; provided further, that the secretary shall report its findings in and its recommendations to the house and senate committees on ways and means not later than April 1, 2011; and provided further, that at least 6 months prior to closing each of the aforementioned ICF/MRs, the secretary of housing and economic development or his designee and the commissioner of capital asset management and maintenance or his designee shall meet jointly with affected municipal officials and produce a plan for the timely demolition of buildings, remediation of hazardous materials and future use of the property, including disposition by the commonwealth for redevelopment or conservation, if appropriate........ $150,208,702 149,993,472
General Fund.............................................................................. 99.857%
FMAP Budget Relief Fund......................................................... 0.143%
5982-1000.. For the department of developmental services which 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
Board of Library Commissioners.
7000-9101.. For the operation of the board of library commissioners; provided further, that the board shall grant temporary certification to Saugus upon receipt of a preliminary report showing compliance with the requirement of a materials expenditure of 13% of its budget during fiscal year 2011 and showing that the library has and will maintain open hours of at least 59 hours per week; provided further, that the board may revoke certification to Saugus if said minimum standards are not met after temporary certification is granted; and provided further, that the employment of a permanent library director shall not be required of Saugus until at least July 1, 2011 ...................... $914,448
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 any general or special law to the contrary, in calculating the fiscal year 2011 distribution of funds appropriated in this item, the board of library commissioners shall employ population figures used to calculate the fiscal year 2010 distribution; provided further, that the board shall provide funds for the continued operation of a single regional library system to serve the different geographic regions of the commonwealth and requiring that physical locations be maintained in both eastern and western Massachusetts to serve the residents of those regions; and provided further, that said section 19C of said chapter 78 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality funds and operates all branch libraries in service as of January 1, 2010.......................... $8,781,475
7000-9402.. For the talking book library at the Worcester public library $421,143
7000-9406.. For the Braille and talking book library at Watertown, including the operation of the machine lending agency................ $2,241,016
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 waivers in excess of the waiver limit set forth in the second paragraph of section 19A of chapter 78 of the General Laws in fiscal year 2011 for a period of not more than 1 year; provided further, that notwithstanding any general or special law to the contrary, of the amount by which this item exceeds the amount appropriated in chapter 194 of the acts of 1998, funds shall be distributed under the guidelines of the municipal equalization grant program, the library incentive grant program and the nonresident circulation offset program; 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; and provided further, that said section 19A of said chapter 78 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality funds and operates all branch libraries in service as of January 1, 2010........................................ $6,823,657
7000-9506.. For the technology and automated resource sharing networks $1,929,238
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT.
Office of the Secretary.
7002-0010.. For the operation of the office of the secretary of housing and economic development; provided, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements .............................................. $434,216
Governor reduced the following item by $400,000 and disapproved wording as indictated for message see H4840
7002-0017.. For the provision of information technology services within the executive office of housing and economic development, including the homeless management information system ................ $2,467,930 2,067,930
General Fund.............................................................................. 83.792%
FMAP Budget Relief Fund....................................................... 16.208%
Department of Housing and Community Development.
7004-0001.. For the commission on Indian affairs...................... $99,010
Governor reduced the following item by $234,937 and disapproved wording as indictated for message see H4840
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 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; provided further, that for the purposes of clarification only, notwithstanding section 12 of chapter 490 of the acts of 1980, the department may authorize neighborhood housing services corporations to retain, re-assign and reloan funds received in repayment of loans made under the neighborhood housing services rehabilitation program; and provided further, that the department shall, not later than September 1, 2010, promulgate regulations clarifying that a household that otherwise qualifies for any preference or priority for state subsidized housing or rental assistance based on homeless or at-risk status shall retain that preference or priority notwithstanding receipt of rental assistance that is intended to be temporary including, but not limited to, any temporary or bridge subsidies provided with state or federal funds.......................................... $6,842,847 6,607,910
General Fund.............................................................................. 97.808%
FMAP Budget Relief Fund......................................................... 2.192%
Governor reduced the following item by $269,345 and disapproved wording as indictated for message see H4840
7004-0100.. For the operations of the homeless shelter and services unit, including the compensation of caseworkers and support personnel.. $5,271,968 5,002,623
General Fund.............................................................................. 94.891%
FMAP Budget Relief Fund......................................................... 5.109%
Governor reduced the following item by $1,550,000 and disapproved wording as indictated for message see H4840
7004-0101.. For certain expenses of the emergency assistance program pursuant to section 30 of chapter 23B of the General Laws as follows: (i) contracted family shelters; (ii) transitional housing that may include temporary rental assistance and stabilization services to bridge families to permanent housing at a lesser cost than shelter; (iii) short-term housing assistance; provided, that eligibility shall be limited to families with income at or below 115 per cent of the 2009 or a later-issued higher federal poverty level; provided further, however, that any family whose income exceeds 115 per cent of the federal poverty level while the family is receiving assistance funded by this item shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the 115 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow a portion of their income; provided further, that the escrowed funds shall be exempt from otherwise applicable asset limits; provided further, that the family may withdraw the amount placed in escrow upon transition to permanent housing or 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 who are approved for shelter placement shall be placed in shelters as close as possible to their home community unless a household requests otherwise; provided further, that if the closest available placement is not within 20 miles of the household’s home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date unless the household requests otherwise; provided further, that 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 should a family with a child under the age of 3 be placed in a hotel or motel, the department of housing and community development shall ensure that the hotel or motel provides a crib for each child under the age of 3 that meets all state and federal safety codes; 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 chapter 23B 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 the department shall use its best efforts to ensure that a family placed by the emergency assistance program shall be provided with access to refrigeration and basic cooking facilities; provided further, that in promulgating, amending or rescinding regulations with respect to eligibility or benefits under this program, the department shall take into account the amounts available to it for expenditure in this item so as not to exceed the amount appropriated in this item; provided further, that notwithstanding any general or special law to the contrary, 90 days before promulgating any such eligibility or benefit changes, the undersecretary shall file with the house and senate committees on ways and means and the clerks of the senate and house of representatives a determination by the secretary of housing and economic development that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that in fiscal year 2011, no such determination and report shall be filed prior to December 5, 2010; provided further, that all of this item shall be subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated in this item; provided further, that provided further, that not less than $3,500,000 shall be expended to directly reduce the usage of shelter, including hotels and motels, by the emergency assistance program; provided further, that funds shall be used to transition families served by the program to more rapidly move them into temporary or permanent sustainable housing; provided further, that the department shall develop a strategic plan detailing the expenditure of these funds and shall submit the plan to the office of administration and finance and the house and senate committees on ways and means not later than August 16, 2010; provided further that the department shall submit quarterly reports to the house and senate committees on ways and means, detailing the number of families transitioned from shelter benefits to affordable, subsidized or otherwise assisted housing through this program; provided further that no funds shall be expended for personnel or administrative costs; provided further, that no funds shall be expended for costs associated with the homeless management information system; provided further, that the quarterly report shall also contain the same data required in item 4403-2120 of section 2 of chapter 139 of the acts of 2006; provided further, said report shall include the number of families served with transitional housing or short-term housing assistance, the nature of such assistance provided, the average, minimum and maximum cost per family of such assistance, the number of families served who required further assistance at a later date, the type of assistance later required and provided and the current housing stability of each family who received transitional housing or short-term housing assistance within the prior 18 months; provided further, the Department of Housing and Community Development shall notify local school departments of the placement of a family in its district within five days of placement; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,the department shall expend an additional $500,000 to directly reduce the usage of shelter, including hotels and motels, by the emergency assistance program.......... $116,910,773 115,360,773
General Fund.............................................................................. 98.674%
FMAP Budget Relief Fund......................................................... 1.326%
7004-0102.. For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide shelter, transitional housing and services that help individuals avoid entry into shelter or successfully exit shelter; provided, that no organization providing services to the homeless shall receive less than an average per bed/per night rate of $12.92; provided further, that the department may allocate funds to other agencies for the purposes of this program; provided further, that no funds shall be expended for costs associated with the homeless management information system; provided further, that the department shall, in consultation with the interagency council on housing and homelessness and 3 agencies funded under this item in fiscal year 2010 that provide services in eastern, central and western Massachusetts, respectively, conduct a study and develop recommendations to standardize shelter contract rates across each of said geographic regions to effectively combat the differences in operating requirements across the commonwealth; provided further, that the report shall be provided to the secretary of administration and finance and the chairs of the house and senate committees on ways and means no later than September 30, 2010; and provided further, that programs that currently provide shelter may renegotiate how they will use their shelter fund, with the agreement of the department and the host cities or towns, to provide alternative services that have proven to be effective including housing first models, transitional housing and diversion away from shelters $37,292,852
7004-0104.. For the home and healthy for good program operated by the Massachusetts Housing and Shelter Alliance for the purpose of reducing the incidence of chronic homelessness in the commonwealth; provided, that the Massachusetts Housing and Shelter Alliance shall be solely responsible for the administration of this program; provided further, that the Massachusetts Housing and Shelter Alliance shall file a report with the clerks of the house and senate, the undersecretary of the department of housing and community development and the chairs of the house and senate committees on ways and means not later than March 1, 2011, detailing the implementation of this program; and provided further, that the report shall include information on the number of people served, the average cost per participant, the demographics of those served, whether participants have previously received government services and any projected cost-savings in other state-funded programs.. $1,200,000
7004-3036.. For housing services and counseling; provided, that funds shall be expended as grants to 9 regional housing consumer education centers operated by the regional nonprofit housing authorities; provided further, that the grants shall be through a competitive application process under criteria created by the department; provided further, that the department shall submit annual reports to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on housing detailing all expenditures of the program, including each regional housing consumer education center, the total number of persons who received information and referral services, the costs for such services rendered per consumer and the identification of consumer issues and trends; provided further, that the department shall report to the house and senate committees on ways and means not later than March 1, 2011 on possible savings and efficiencies that may be realized through the consolidation of said services; and provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees $1,495,996
7004-3045.. 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 if the disability is directly related to the reason for eviction ............. $250,000
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 ............................................ $350,401
Governor reduced the following item by $2,000,000 and disapproved wording as indictated for message see H4840
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 June 30, 2010, receiving rental assistance from the Massachusetts rental voucher program; provided further, that the department may expend funds appropriated in this item for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve included in the budgets of housing authorities; provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees; provided further, that the amount appropriated in this item shall be considered to meet any and all obligations under said sections 32 and 40 of said chapter 121B; provided further, that any new reduced rental units developed in fiscal year 2011 eligible for subsidies under this item shall not cause any annualization that results in an amount exceeding the amount appropriated in this item; and provided further, that all funds in excess of normal utilities, operations and maintenance costs may be expended for capital repairs; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that not less than $2,000,000 shall be expended from this item to fund repairs necessary for the re-occupation of family units vacant for more than 60 days due to repair needs...................................................... $64,500,000 62,500,000
General Fund.............................................................................. 96.899%
FMAP Budget Relief Fund......................................................... 3.101%
Governor reduced the following item by $2,200,000 and disapproved wording as indictated for message see H4840
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, 2010, if the participant’s annual eligibility recertification date occurs between June 30, 2010 and September 1, 2010, and otherwise on or before the annual eligibility recertification date; provided further, that any participant who is over the age of 60 years or who is disabled may be exempted from any obligations unsuitable under particular circumstances; provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees; provided further, that the department may assist housing authorities, at their written request, in the immediate implementation of a homeless prevention program utilizing alternative housing resources available to them for low-income families and the elderly by designating participants in the Massachusetts rental voucher program as at risk of displacement by public action through no fault of their own; provided further, that participating local housing authorities may take all steps necessary to enable them to transfer mobile voucher program participants from the Massachusetts rental voucher program into another housing subsidy program; and provided further, that the department of housing and community development shall strive to avoid a reduction in the value of the Massachusetts rental voucher from its value as of June 30, 2010 ........... $35,400,000 33,200,000
General Fund.............................................................................. 93.785%
FMAP Budget Relief Fund......................................................... 6.215%
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 months’ rent during any 1 year shall be terminated from the program; provided further, that the department shall pay agencies that administer this program an allowance not to exceed $25 per voucher per month for the costs of administration; provided further, that notwithstanding any general or special law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, but each household shall be required to pay not less than 25 per cent of its net income, as defined in regulations promulgated by the department, for units if payment of utilities is not provided by the unit owner, or not less than 30 per cent of its income for units if payment of utilities is provided by the unit owner; provided further, that payments for the transitional rental assistance may be provided in advance; provided further, that the department shall establish the amounts of the mobile vouchers so that the appropriation in this item is not exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which will cause it to exceed the appropriation set forth in this item; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household’s minimum rent obligation; provided further, that the word rent, as used in this item, shall mean payments to the landlord or owner of a dwelling unit under a lease or other agreement for a tenant’s occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel and electricity; provided further, that the department shall submit an annual report to, the secretary of administration and finance, and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers and the number and types of units leased; provided further, that consistent with 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 2012; and provided further, that the program shall provide funding for not more than 800 mobile vouchers .............................. $3,450,000
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
7004-9315.. For the low-income housing tax credit program; provided, that the department may expend not more than $2,323,853 from revenue collected from fees collected under Executive Order No. 291, pertaining to low-income housing tax credits, for the costs of administering and monitoring the programs, including the costs of personnel, subject to the approval of the director of the department; and provided further, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $2,323,853
Governor reduced the following item by $740,000 and disapproved wording as indictated for message see H4840
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 $2,500 per family; provided further, that funds may be used for security deposits, first and last month’s rent, electric, gas, sewer and water utility payments for utility arrearages incurred on or after December 1, 2007; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no assistance shall be provided to any family with an income in excess of 50 per cent of the area median income; provided further, that prior to authorizing a residential assistance payment for a family, the non-profit housing agency shall make a finding that the family experienced a significant reduction of income or increase in expenses and has secured new income or a change in circumstances and that the payment will enable the family to retain its current housing, obtain new housing or otherwise avoid homelessness; provided further, that in making these findings the agency shall, unless the facts of the case warrant otherwise, apply a presumption that the payment will enable a family to retain its housing, obtain new housing or otherwise avoid homelessness if the family is paying less than or equal to 50 per cent of its income for that housing; provided further, that a family who is paying more than 50 per cent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing or otherwise avoid homelessness; provided further, that residential assistance payments may be made through direct vendor payments according to standards to be established by the department; provided further, that the agencies shall establish a system for referring families approved for residential assistance payments who the agencies determine would benefit from these services to existing community-based programs that provide additional housing stabilization supports, including assistance in obtaining housing subsidies and locating alternative housing that is safe and affordable for those families; provided further, that the program shall be administered under guidelines established by the department; and provided further, that the department shall provide a status report to the secretary of administration and finance and the house and senate committees on ways and means not later than March 1, 2011, that includes, but is not limited to, all program expenditures, the number of recipients of the funds, the housing status of the recipients before and after receiving assistance, the purposes for which each family used the assistance, the administrative costs and other related costs of the program, including whether such recipient resided or continues to reside in state or federal public housing and any other information necessary to determine the effectiveness of the program ...................... $1,000,000 260,000
General Fund.............................................................................. 26.000%
FMAP Budget Relief Fund....................................................... 74.000%
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.
Office of the Secretary.
Governor reduced the following item by $50,000 and disapproved wording as indictated for message see H4840
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 January 3, 2011, the director of workforce development shall submit to the house and senate committees on ways and means a report describing the job training services, including labor exchange, skills training and remedial education services related thereto which have been provided during the course of the fiscal year, systems for delivery, the costs and the sources of revenue for such services................................ $855,764 805,764
General Fund.............................................................................. 94.157%
FMAP Budget Relief Fund......................................................... 5.843%
7002-0170.. For the provision of information technology services within the executive office of labor and workforce development ..... $185,070
Department of Labor.
Governor reduced the following item by $19,845 and disapproved wording as indictated for message see H4840
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 ................................ $1,770,497 1,750,652
General Fund.............................................................................. 98.879%
FMAP Budget Relief Fund......................................................... 1.121%
7002-0201.. For the division of occupational safety; provided, that the division may expend an amount not to exceed $452,850 received from fees authorized under section 3A of chapter 23 of the General Laws and civil fines issued under section 197B of chapter 111 of the General Laws, section 46R of chapter 140 of the General Laws and section 6F1/2 of chapter 149 of the General Laws...................................... $452,850
7002-0500.. For the operation and administrative expenses of the division of industrial accidents; provided, that said division shall submit a report not later than February 1, 2011 to the house and senate committees on ways and means detailing the scope, objective and results of grant recipients’ safety training program; and provided further, that the General Fund shall be reimbursed the amount appropriated in this item and for associated indirect and direct fringe benefit costs from assessments levied pursuant to section 65 of chapter 152 of the General Laws.................................................. $19,906,544
7002-0900.. For the operation of the division of labor relations .. $1,805,890
7002-0901.. For the division of labor relations which may expend for the operation of the division an amount not to exceed $100,000 from fees collected under section 3B of chapter 7 of the General Laws or section 6 of chapter 150 of the General Laws; provided, that the first $100,000 of such fees collected by the division shall be deposited into the General Fund and any fees collected in excess of $200,000 shall be deposited into the General Fund; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system.................................. $100,000
Department of Workforce Development.
Governor reduced the following item by $1,300,000 and disapproved wording as indictated for message see H4840
7002-0012.. For a youth-at-risk program targeted at reducing juvenile delinquency in high risk areas; provided, that these funds may be expended for the development and implementation of a year-round employment program for at-risk youth as well as existing year-round employment programs; provided further, that $500,000 of these funds shall be matched by private organizations; and provided further, that funds shall be available for expenditure through September 1, 2011 ... $5,000,000 3,700,000
General Fund.............................................................................. 74.000%
FMAP Budget Relief Fund....................................................... 26.000%
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 shall keep an apprentice identification card on his person during hours of employment; provided further that the apprentice identification card shall contain all information deemed relevant by the department; provided further, that any apprentice who is determined by the deputy director not to be enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project; and provided further, that for every week in which an apprentice is employed by a contractor, subcontractor or public body subject to this item, a photocopy of the apprentice’s apprentice identification card shall be attached to the records submitted under this item........ $267,909
Governor reduced the following item by $125,000 and disapproved wording as indictated for message see H4840
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 economy of the commonwealth and for programs designed to assist small and mid-sized manufacturing companies................................................ $450,000
General Fund.............................................................................. 72.222%
FMAP Budget Relief Fund....................................................... 27.778%
Governor reduced the following item by $12,500,000 for message see H4840
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 committees on ways and means not later than January 17, 2011; provided further, that the report shall include specific measures of how grant recipients were able to increase job growth, retention rates, and productivity as a result of the grants; provided further, that the report shall include measures of whether training participants received promotions and increased incomes as a result of training; provided further, that the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training; and provided further, that grants may be administered by the department of workforce development to recruit and provide career support and workforce development retention of graduate students training for careers in public sector behavioral health service delivery............................... $24,001,617 11,501,617
Workforce Training Fund....................................................... 100.000%
Governor reduced the following item by $845,000 and disapproved wording as indictated for message see H4840
7003-0702.. For State Service Corps grants to be administered by the Massachusetts Service Alliance; provided, that funds up to $135,000 may be administered for the Just-A-Start Corporation to provide training for entry level employment in the biotech and medical fields for unemployed, underemployed or displaced workers, or persons receiving benefits from transitional aid to families with dependent children; provided further, that funds up to $125,000 may be administered for the Center for Women and Enterprise; provided further, that funds up to $85,000 may be administered for the Cleantech InnoVenture Center to support biotech incubator space; provided further, that funds up to $100,000 may be administered for the Massachusetts Latino Chamber of Commerce in western Massachusetts; provided further, that funds may be administered for the education, career development and employment service programs operated by the Urban League or Eastern Massachusetts; provided further, that funds may be administered for grants of up to $400,000, to be issued to established Community Development Financial Institutions making direct microenterprise and small business loans to borrowers on a regional basis, as well as providing technical assistance to applicants and borrowers in order to foster business establishment and success; and provided further, that said grants will be used to support the eligible organizations lending and technical assistance activities; and provided further, that the Massachusetts Service Alliance may work with the department of workforce development to administer said funds $1,595,000 750,000
General Fund.............................................................................. 47.022%
FMAP Budget Relief Fund....................................................... 52.978%
Governor reduced the following item by $505,533 and disapproved wording as indictated for message see H4840
7003-0803.. For the one-stop career centers; provided, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, not less than $2,750,000 shall be expended for one-stop centers that were in existence on May 1, 1997, located in the city of Boston, Hampden county and Metro North service delivery areas and any satellite offices of the centers which opened on or before December 1, 1997................... $5,500,000 4,994,467
General Fund.............................................................................. 90.808%
FMAP Budget Relief Fund......................................................... 9.192%
Office of Consumer Affairs and Business Regulation.
Governor reduced the following item by $111,805 and disapproved wording as indictated for message see H4840
7006-0000.. For the office of the director of consumer affairs and business regulation, including expenses of an administrative services unit ......................................................... $872,258 760,453
General Fund.............................................................................. 87.182%
FMAP Budget Relief Fund....................................................... 12.818%
7006-0043.. For the office of consumer affairs which may expend for the administration and enforcement of the home improvement contractor program an amount not to exceed $500,000 from the revenue collected from fees for the registration and renewal of home improvement contractor registrations under section 11 of chapter 142A of the General Laws; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system .... $500,000
Division of Banks.
Governor reduced the following item by $55,215 and disapproved wording as indictated for message see H4840
7006-0010.. For the operation of the division of banks; provided, that notwithstanding any general or special law to the contrary, the division shall assess 100 per cent of the amount appropriated in this item, and the associated fringe benefits costs for personnel paid from this item, upon financial institutions which the division currently regulates under section 2 of chapter 167 of the General Laws.......... $12,870,548 12,815,333
General Fund.............................................................................. 99.571%
FMAP Budget Relief Fund......................................................... 0.429%
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 $2,650,000 from the revenue received from administrative fees associated with the licensure fees and from civil administrative penalties pursuant to said chapter 255F; provided further, that the division may expend from such revenue an amount to be determined by the commissioner of banks as grants for the operation of a program for best lending practices, first-time homeowner counseling for non-traditional loans and 10 or more foreclosure education centers pursuant to section 16 of chapter 206 of the acts of 2007, and that the grants shall be awarded through a competitive application process under criteria created by the division and that no funds shall be expended from this item in the AA object class for the compensation of state employees for such program; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commissioner may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system....................................................... $2,650,000
Division of Insurance.
7006-0020.. For the operation of the division of insurance, including the expenses of the board of appeal on motor vehicle policies and bonds and the associated fringe benefits costs for personnel paid from this item and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to chapter 31 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item, and the associated fringe costs of personnel paid from this item, shall be assessed upon the institutions which the division currently regulates under general or special laws or regulations, except for licensed business entity producers; and provided further, that the assessment shall be in addition to any and all assessments currently assessed upon the institutions ....................... $11,448,908
7006-0029.. For the operation of the health care access bureau of the division of insurance; provided, that under section 7A of chapter 26 of the General Laws, the full amount appropriated in this item, as well as the associated fringe benefits costs for personnel paid from this item, shall be assessed upon the carriers licensed under chapters 175, 176A, 176B and 176G of the General Laws...................... $1,100,000
Division of Professional Licensure.
Governor reduced the following item by $220,000 and disapproved wording as indictated for message see H4840
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.................................... $2,792,234 2,572,234
General Fund.............................................................................. 92.121%
FMAP Budget Relief Fund......................................................... 7.879%
7006-0110.. For the operation of the state racing commission....... $1,600,253
Governor reduced the following item by $189,000 and disapproved wording as indictated for message see H4840
7006-0140.. For distribution to each city and town within which racing meetings are conducted under section 18D of chapter 58 of the General Laws; provided, that said section 18D of said chapter 58 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality funds and operates all branch libraries in service as of January 1, 2010.......................... $1,151,000 962,000
General Fund.............................................................................. 83.580%
FMAP Budget Relief Fund....................................................... 16.420%
Division of Standards.
Governor reduced the following item by $39,635 and disapproved wording as indictated for message see H4840
7006-0060.. For the operation of the division of standards .......... $690,357 650,722
General Fund.............................................................................. 94.259%
FMAP Budget Relief Fund......................................................... 5.741%
Governor reduced the following item by $115,000 and disapproved wording as indictated for message see H48407006-0066.. For the support of the division of standards’ municipal inspection efforts; provided, that up to 13.5 per cent of the amount appropriated herein may be expended for administrative costs of the division $275,372 160,372
General Fund.............................................................................. 58.238%
FMAP Budget Relief Fund....................................................... 41.762%
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 $58,751 from revenues received from item pricing violations collected through municipal inspection efforts, and from weights and measures fees and fines collected from cities and towns ................ $58,751
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 2011 under this section shall be made at a rate sufficient to produce 100 per cent of the amount appropriated in this item, and the associated fringe benefits costs for personnel paid from this item $2,653,105
Department of Business Development.
7007-0100.. For the office of the director of business development .. $353,721
Governor disapproved the following item for message see H4840
7007-0150.. For a competitive grant program to promote the 8 regional economic development corporations, councils, and partnerships across the commonwealth............................................. $400,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $84,090 and disapproved wording as indictated for message see H4840
7007-0300.. For the operation of the Massachusetts office of business development, which shall include the operation and support of capital grants programs, including the Massachusetts Opportunity Relocation and Expansion Jobs Capital Program established in chapter 123 of the acts of 2006, and for marketing and promoting the commonwealth in order to attract and retain targeted businesses and industries . $1,449,547 1,365,457
General Fund.............................................................................. 94.199%
FMAP Budget Relief Fund......................................................... 5.801%
7007-0800.. For a grant for the state match for a small business development center; provided, that no funds shall be expended from this item until such time as the United States Small Business Administration has made a payment or has executed a contract to pay the University of Massachusetts at Amherst for the operation of the center; provided further, that the funds expended from this item shall not exceed 25 per cent of the gross operating cost of said center; provided further, that not more than 25 per cent of the amount appropriated herein shall be expended for the purpose of operating federal procurement technical assistance services within said center; provided further, that the services shall include, but not be limited to, assisting businesses in securing federal contracts, obtaining contract financing, generating responses to requests-for-proposals, interpreting bid documents, providing educational workshops and seminars and for the electronic identification and tracking of federal bid opportunities; provided further, that funds expended for the purpose of operating federal procurement technical assistance services within said center shall be subject to the receipt of matching funds from federal or private sources, including the United States Department of Defense; and provided further, that quarterly expenditure reports shall be filed with the house and senate committees on ways and means ..................................... $1,204,286
Governor reduced the following item by $71,009 and disapproved wording as indictated for message see H4840
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 the office for the procurement of tourism marketing and advertising services; and 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................. $1,905,493 1,834,484
Massachusetts Tourism Fund.................................................. 96.273%
FMAP Budget Relief Fund......................................................... 3.727%
Governor reduced the following item by $300,000 and disapproved wording as indictated for message see H4840
7007-0901.. For the operation and administration of the Massachusetts Sports and Entertainment Commission; provided, 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; and 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......................................................... $600,000 300,000
Massachusetts Tourism Fund.................................................. 50.000%
FMAP Budget Relief Fund....................................................... 50.000%
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 item may not be transferred through interdepartmental service agreements; and provided further, that the corporation shall report to the house and senate committees on ways and means not later than February 1, 2011, on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts Zoos Business and Operations Plan, dated December 1996...... $3,500,000
Governor reduced the following item by $2,500,000 and disapproved wording as indictated for message see H4840
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... $4,500,000 2,000,000
Massachusetts Tourism Fund.................................................. 44.444%
FMAP Budget Relief Fund....................................................... 55.556%
7007-1300.. For the operation of the Massachusetts international trade council; provided, that subject to final execution of the terms and conditions of a contract, the council shall act on behalf of the department of business development to perform the functions of the Massachusetts office of international trade and investment under sections 23A through 28, inclusive, of chapter 23A of the General Laws ....... $100,000
Massachusetts Tourism Fund............................................... 100.000%
EXECUTIVE OFFICE OF EDUCATION.
Office of the Secretary of Education.
7009-1700.. For the operation of information technology services within the executive office of education ......................... $7,800,854
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 .................... $741,822
Department of Elementary and Secondary Education.
Governor reduced the following item by $398,548 and disapproved wording as indictated for message see H4840
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, may allocate funds for programming to ensure public schools’ compliance with the board of elementary and secondary education’s recommendations which take into account the commission’s recommendations, for the support and safety of gay and lesbian students and the implementation of related suicide and violence prevention efforts and reduction of health disparities for GLBT youth; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,not less than $100,000 shall be allocated for the purposes of offering a no-cost method to schools and districts for professional development to build the skills of all staff members, including but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities and paraprofessionals to prevent, identify and respond to bullying; provided further, that the content of such professional development shall include, but not be limited to: developmentally appropriate strategies to prevent bullying incidents; developmentally appropriate strategies for immediate, effective interventions to stop bullying incidents; information regarding the complex interaction and power differential that may take place between and among a perpetrator, victim and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment; information on the incidence and nature of cyber-bullying; and internet safety issues as they relate to cyber-bullying; and provided further that the no-cost method may also include a train-the-trainer model, so-called, with demonstrated success... $13,165,557 12,767,009
General Fund.............................................................................. 98.219%
FMAP Budget Relief Fund......................................................... 1.781%
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 ...................................................... $17,642,582
Governor reduced the following item by $400,000 and disapproved wording as indictated for message see H4840
7010-0020.. For the Bay State Reading Institute; 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 that student’s 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 this initiative may be expended through June 30, 2012 ................................... $800,000 400,000
General Fund.............................................................................. 50.000%
FMAP Budget Relief Fund....................................................... 50.000%
Governor reduced the following item by $127,549 and disapproved wording as indictated for message see H4840
7010-0033.. For literacy and early literacy programs; provided, that these programs shall provide ongoing evaluation of the outcomes thereof and shall document the outcomes annually to the department and to the house and senate committees on ways and means ................... $3,275,489 3,147,940
General Fund.............................................................................. 96.106%
FMAP Budget Relief Fund......................................................... 3.894%
Governor reduced the following item by $350,000 and disapproved wording as indictated for message see H4840
7030-1005.. For Reading Recovery, a one-to-one, 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 said program shall provide ongoing documentation and evaluation of results ......... $750,000 400,000
General Fund.............................................................................. 53.333%
FMAP Budget Relief Fund....................................................... 46.667%
Governor disapproved the following item for message see H4840
7027-0016.. For matching grants for Jobs for Bay State Graduates, Inc., for 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 law 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; and provided further, that no funds shall be expended for personnel ..................................................................................................................................... $450,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $50,000 and disapproved wording as indictated for message see H4840
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; provided further, that public funds shall assume the costs of connecting schools and businesses to ensure that students serve productively on the job; and provided further, that no funds shall be expended for personnel costs ....................... $2,050,000 2,000,000
General Fund.............................................................................. 97.561%
FMAP Budget Relief Fund........................................................ 2.439%
Governor reduced the following item by $33,000 and disapproved wording as indictated for message see H4840
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 71A of the General Laws; provided, that the department shall only approve professional development courses and offerings with proven, replicable results in improving teacher performance, and which shall have demonstrated the use of best practices, as determined by the department, including data comparing pre-training and post-training knowledge; provided further, that the department shall, not later than February 15, 2011, provide a report on the number of educators who have received such training since passage of said chapter 71A, the estimated number who need such additional training, and a review and analysis of the most effective types of professional development and the most common gaps in the knowledge base of educators implementing English immersion and teaching English language acquisition, along with legislative or regulatory recommendations of the department; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on education; provided further, that funds may be expended through August 31, 2011; and provided further, that no funds shall be expended for personnel costs $397,937 364,937
General Fund.............................................................................. 91.707%
FMAP Budget Relief Fund......................................................... 8.293%
Governor reduced the following item by $110,582 and disapproved wording as indictated for message see H4840
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 not later than December 1, 2010.................. $7,586,386 7,475,804
General Fund.............................................................................. 98.542%
FMAP Budget Relief Fund......................................................... 1.458%
Governor reduced the following item by $3,000,000 and disapproved wording as indictated for message see H4840
7030-1002.. For kindergarten expansion grants to provide grant awards to continue quality enhancement of existing full-day kindergarten classrooms; provided, that the department shall administer a grant program to encourage the voluntary expansion of high quality, full-day kindergarten education throughout the commonwealth; provided further, that grants funded through this appropriation shall not annualize to more than $18,000 per classroom in subsequent fiscal years; provided further, that preference shall be given to grant applicants with high percentages of students scoring in levels 1 or 2 on the Massachusetts comprehensive assessment system exam, as determined by the department based on available data; provided further, that any grant funds distributed from this item shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary; provided further, that such program shall supplement and shall not supplant currently funded local, state and federal programs at the school or district; provided further, that not later than January 17, 2011, the department shall report to the house and senate committees on ways and means on the total number of grants requested and awarded; provided further, that the report shall detail common factors associated with both successful and unsuccessful applications and shall include the total number of full-day and half-day kindergarten classrooms projected to be in operation in public schools in fiscal year 2012; provided further, that all kindergarten programs previously funded through community partnership councils at the department of early education and care may receive grants from this item in amounts equal to the amounts they received in fiscal year 2010, reduced in proportion to the overall reduction of this item from fiscal year 2010 to fiscal year 2011; and provided further, that no funds shall be expended for personnel costs ...................... $25,948,947 22,948,947
General Fund.............................................................................. 88.439%
FMAP Budget Relief Fund....................................................... 11.561%
Governor reduced the following item by $250,000 and disapproved wording as indictated for message see H4840
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; and provided further, that no funds shall be expended for personnel costs at the department of elementary and secondary education................................... $27,952,108 27,702,108
General Fund.............................................................................. 99.106%
FMAP Budget Relief Fund......................................................... 0.894%
Governor reduced the following item by $3,553,024 and disapproved wording as indictated for message see H4840
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 ............................ $44,074,024 40,521,000
General Fund.............................................................................. 91.939%
FMAP Budget Relief Fund......................................................... 8.061%
Governor reduced the following item by $100,000 and disapproved wording as indictated for message see H4840
7035-0007.. For reimbursements to cities, towns, regional vocational or county agricultural school districts, independent vocational school, 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 of said chapter 74, 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 school, 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 .............................................. $500,000 400,000
General Fund.............................................................................. 80.000%
FMAP Budget Relief Fund....................................................... 20.000%
Governor reduced the following item by $239,518 and disapproved wording as indictated for message see H4840
7051-0015.. For operating funds to distribute food for the Massachusetts emergency food assistance program................................ $1,239,518 1,000,000
General Fund.............................................................................. 80.677%
FMAP Budget Relief Fund....................................................... 19.323%
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 funds shall be expended for the summer food service outreach program and the school breakfast outreach program; provided further, that within the summer food program, priority shall be given to extending such programs for the full summer vacation period and promoting increased participation in such programs; provided further, that the department of elementary and secondary education shall solicit proposals from returning sponsors and school food authorities in time for implementation of such grant program during the summer of 2011; provided further, that such grants shall only be awarded to sponsors who can demonstrate their intent to offer full summer programs or increase participation; provided further, that the department shall require sufficient reporting from each grantee to measure the success of such grant program; provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2011; provided further, that funds shall be expended for the universal school breakfast program in which all children in schools receiving funds under the program shall be provided free, nutritious breakfasts at no cost to them; provided further, that subject to regulations of the board that specify time and learning standards, breakfasts shall be served during regular school hours; provided further, that participation shall be limited to those elementary schools mandated to serve breakfast under section 1C of chapter 69 of the General Laws where 60 per cent or more of the students are eligible for free or reduced-price meals under the federally-funded school meals program; provided further, that the department shall select school sites for programs authorized by this item not later than November 16, 2010, and shall report to the house and senate committees on ways and means on the preliminary results of these grants not later than January 7, 2011; provided further, that nothing in the universal school breakfast program shall give rise to enforceable legal rights in any party or enforceable entitlement to services; and provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2011, prior appropriation continued ......... $4,121,215
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 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; provided further, that the department of elementary and secondary education shall report annually to the house and senate committees on ways and means on school districts’ professional development spending; and provided further, that the governor may allocate $75,271,375 made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein ........................ $3,851,193,043
Governor reduced the following item by $12,554,206 and disapproved wording as indictated for message see H4840
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 2010 claims; provided further, that the department may expend funds to continue and expand voluntary residential placement prevention programs between the department of elementary and secondary education and other departments within the executive office of health and human services that develop community-based support services for children and their families; provided further, that the department shall make funds available to the department of developmental services for the voluntary residential placement program administered by that department; provided further, that the department shall expend funds to provide books in accessible synthetic audio format made available through the federal NIMAS-NIMAC book repository for the outreach and training of teachers and students for the use of NIMAS-NIMAC and human speech audio digital textbooks; provided further, that the department shall expend funds for the costs of borrowing audio textbooks by special education students; provided further, that funds may be expended for the monitoring and follow-up activities of the department’s complaint management system, review and approval of local educational agency applications, and local school districts’ compliance with the part B requirements of the federal Special Education Law, known as the Individuals with Disabilities Education Act, in the provision of special education and related services to children with disabilities; provided further, that funds may be expended to administer the reimbursements funded herein; provided further, that funds may be expended to reimburse districts for extraordinary increases in costs incurred during fiscal year 2011 which would be reimbursable under said section 5A of said chapter 71B; provided further, that reimbursements for current year costs shall be limited to school districts which experience increases of greater than 25 per cent from costs reimbursable under said section 5A of said chapter 71B and incurred during fiscal year 2010 to costs reimbursable under said section 5A of said chapter 71B and incurred during fiscal year 2011 or other cases of extraordinary hardship where special education costs increase in relationship to total district costs as the department may define through regulation or guidelines; provided further, that reimbursements for current year costs shall be allocated as one-time grants and shall not decrease reimbursements in the following fiscal year; provided further, that the department shall conduct audits of fiscal year 2010 claims; provided further, that if the claims are found to be inaccurate, the department shall recalculate the fiscal year 2011 reimbursement amount and adjust the third and fourth quarter payments to the districts to reflect the new reimbursement amount; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than February 15, 2011, on the results of the audit; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, the department shall make $6,500,000 available to the department of developmental services for the voluntary residential placement program administered by that department...................... $145,673,366 133,119,160
General Fund.............................................................................. 91.382%
FMAP Budget Relief Fund......................................................... 8.618%
Governor reduced the following item by $133,051 and disapproved wording as indictated for message see H4840
7061-0029.. For the office of school and district accountability, established in section 55A of chapter 15 of the General Laws; provided, that notwithstanding said 55A of said chapter 15 of the General Laws, the office shall perform not less than 20 school district audits for fiscal year 2011.............................................. $1,072,134 939,083
General Fund.............................................................................. 87.590%
FMAP Budget Relief Fund....................................................... 12.410%
Governor reduced the following item by $400,000 and disapproved wording as indictated for message see H4840
7061-0033.. For a reserve to assist towns negatively impacted by shortfalls in federal impact aid for the education of children in families employed by the federal government on military reservations located within the town’s limits; provided, that any grants provided under this item shall be expended by a school committee without further appropriation ....................................................... $1,700,000 1,300,000
General Fund.............................................................................. 76.471%
FMAP Budget Relief Fund....................................................... 23.529%
7061-9010.. For fiscal year 2011 reimbursements to certain cities, towns and regional school districts of charter school tuition and the per pupil capital needs component included in the charter school tuition amount for commonwealth charter schools, as calculated under subsections (ff) and (gg) of section 89 of chapter 71 of the General Laws; provided, that notwithstanding said subsection (ff) of said section 89 of said chapter 71 or any other general or special law to the contrary, the per pupil capital needs component of the commonwealth charter school tuition rate for fiscal year 2011 shall be $893; and provided further, that if the amount appropriated is insufficient to fully fund all reimbursements required by said section 89 of said chapter 71, the department shall fully reimburse the cost of such per pupil capital needs component and shall prorate the tuition reimbursements calculated under said subsection (gg) of said section 89 of said chapter 71 $71,554,914
7061-9200.. For the education technology program .................... $894,550
Governor reduced the following item by $800,000 and disapproved wording as indictated for message see H4840
7061-9400.. For student and school assessment including the administration of the Massachusetts comprehensive assessment system exam established by the board of elementary and secondary education pursuant to sections 1D and 1I of chapter 69 of the General Laws and for grants to school districts to develop portfolio assessments for use in individual classrooms as an enhancement to student assessment; provided, that as much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples and projects and shall facilitate authentic and direct gauges of student performance; provided further, that such portfolio assessments shall not replace the statewide standardized assessment based on the curriculum frameworks; provided further, that all school assessments shall center on the academic standards 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 said chapter 69; and provided further, that notwithstanding any general or special law to the contrary, assessment of proficiency in English shall be administered in English ............. $25,162,278 24,362,278
General Fund.............................................................................. 96.821%
FMAP Budget Relief Fund......................................................... 3.179%
Governor reduced the following item by $200,000 and disapproved wording as indictated for message see H4840
7061-9404.. For grants to cities, towns and regional school districts to provide targeted remediation programs for students in the classes of 2003 to 2015, inclusive, 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 2011, and operated by public institutions of higher learning or by public-private partnerships in the commonwealth, for students in the graduating classes of 2003 to 2011, inclusive, who have completed high school but have not yet obtained a competency determination as defined in said section 1D of said chapter 69 as measured by the MCAS assessment instrument authorized by said section 1I of said chapter 69, but who are working to pass the English and math MCAS tests, obtain a competency determination and earn a high school diploma; provided further, that for the purpose of the programs, appropriated funds may be expended through August 31, 2011, to allow for summer remediation programs; provided further, that funds shall be expended for a competitive grant program to fund Pathways programs targeting eleventh and twelfth graders, instituted by local school districts, public institutions of higher education and qualified public and private educational services organizations and One Stop Career Centers including, but not limited to, school-to-work connecting activities, creating worksite learning experiences for students as an extension of the classroom, outreach programs for students who will need post-twelfth grade remediation to attain the skills necessary to pass 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 2015, inclusive, who have not obtained a competency determination or have scored in levels 1 or 2 on either the English or math MCAS exams; provided further, that the department of elementary and secondary education may give preference for such assistance to those districts with a high percentage of high school students scoring in level 1 on the MCAS exam in English and math; provided further, that eligible applicants shall include individual high schools, and those institutions which shall have partnered with a high school or group of high schools; provided further, that no district shall receive a grant from this appropriation until the district submits to the department of elementary and secondary education a comprehensive district plan pursuant to the provisions of said section 1I of said chapter 69, to improve performance of all student populations including, but not limited to, students with disabilities; provided further, that any evaluation will examine the likelihood and efficiency of replication of these programs and practices in school districts with a large percentage of English language learners; provided further, that these funds may be expended for professional development related to these programs; provided further, that the department shall issue a report not later than February 2, 2011, 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 2015, inclusive, funded by items 7061-9404 and 7027-0019, school to work accounts, institutions of public higher education and other sources, including federal sources; provided further, that such report shall include, but not be limited to, the number of students eligible to participate in such programs, the number of students participating in such programs, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs but not met local graduation requirements and the number of students who have passed the MCAS assessment and obtained a competency determination through these programs and met local graduation requirements; provided further, that said report shall be provided to the chairs of the house and senate 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 funds shall be expended for personnel costs $9,294,804 9,094,804
General Fund.............................................................................. 97.848%
FMAP Budget Relief Fund......................................................... 2.152%
Governor reduced the following item by $133,730 and disapproved wording as indictated for message see H4840
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 been placed in the accountability status of identified for improvement, corrective action or restructuring pursuant to departmental regulations, or which have been designated commonwealth priority schools or commonwealth pilot schools pursuant to said regulations; provided, that no money shall be expended in any school or district that fails to file a comprehensive district plan pursuant to the provisions of section 1I of said chapter 69; provided further, that the department shall only approve reform plans with proven, replicable results in improving student performance; provided further, that in carrying out the provisions of this item, the department may contract with school support specialists, turnaround partners and such other external assistance as is needed in the expert opinion of the commissioner, to successfully turn around failing school and district performance; provided further, that no funds shall be expended on targeted intervention unless the department shall have approved, as part of the comprehensive district improvement plan, a professional development plan which addresses the needs of the district as determined by the department; provided further, that eligible professional development activities for purposes of this item shall include, but not be limited to: professional development among teachers of the same grade levels and teachers of the same subject matter across grade levels, professional development focused on improving the teacher’s content knowledge in the field or subject area in which the teacher is practicing, professional development which provides teachers with research based strategies for increasing student success, professional development teaching the principles of data driven instruction and funding which helps provide common planning time for teachers within a school and within the school district; provided further, that preference in the awarding of such funds shall be given to professional development in math and English content skills; provided further, that funds from any targeted intervention grant may be used to partially offset the cost of said professional development and common planning time; provided further, that funds may be expended for the purchase of instructional materials pursuant to section 57 of chapter 15 of the General Laws; provided further, that no funds shall be expended on instructional materials except where the purchase of such materials is part of a comprehensive plan to align the school or district curriculum with the Massachusetts curriculum frameworks; provided further, that preference in distributing funds shall be made for proposals which coordinate reform efforts within all schools of a district in order to prevent conflicts between multiple reforms and interventions among the schools; provided further, that funds may be expended for the commonwealth pilot school initiative established by the board in November 2006; provided further, that the department shall issue a report not later than February 2, 2011, and annually thereafter, describing and analyzing all intervention and targeted assistance efforts funded by this item; provided further, that such report shall include, but not be limited to: the number of school and school districts eligible to receive such assistance, the number of students attending school in said districts, the nature and type of intervention activities funded through this item, by school and school district, the number of teachers in professional development funded in part through this item, the number of districts with curricula or professional development systems aligned with the 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 the 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, 2011, to allow for intervention and school and district improvement planning in the summer months; provided further, that in carrying out the provisions of this item, the department may contract with vendors that have an established record of working with schools to target and enhance middle school academic support services; provided further, that the department shall give priority to programs that have the capacity to serve not less than 25 per cent of a district’s middle school population, make available documentation of a minimum of $1 in private sector local or federal funds for every $1 in state funds and extend the learning day for students on site in the same building where students attend school during the day by a minimum of 10 hours per school week; provided further, that said programs shall have conducted at least 1 independent longitudinal study demonstrating gains in student performance in any of the following areas: MCAS scores, school attendance, student grades or long-term high school graduation rates, teach students in groups with ratios no larger than 1 teacher to 18 students or integrate an extended school faculty which includes an on-site leader; provided further, that said program shall develop data sharing agreements and memoranda of understanding with middle schools to ensure the timely and effective sharing of grade progress and other formative or diagnostic measurements of student progress; 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; and provided further, that funds may be expended for the continuation of a parent engagement program pursuant to item 7061-9408 of section 2 of chapter 182 of the acts of 2008 ....... $6,874,476 6,740,746
General Fund.............................................................................. 98.055%
FMAP Budget Relief Fund......................................................... 1.945%
Governor reduced the following item by $1,567,172 and disapproved wording as indictated for message see H4840
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 2010 and which include a minimum of an additional 300 hours on a mandatory basis for all children attending that school; provided further, that in approving expanded learning time implementation grant applications, preference shall be given to districts with high poverty rates or a high percentage of students scoring in levels 1 or 2 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 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 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 16, 2010; provided further, that in carrying out the provisions of this item, funds may be expended by the department to support the impact and effectiveness of the program; provided further, that the department shall issue an annual report, not later than February 2, 2011, on the implementation of plans in all participating districts; provided further, that the report shall include, but not be limited to, the names of schools and school districts participating, the number of students attending these schools and the nature and type of changes made in participating schools as a result of this program; provided further, that the report shall also include an anticipated budget for this program for the next fiscal year and a breakdown of the distribution of the $1,300 per student by school; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on education; provided further, that for this item, appropriated funds may be expended through August 31, 2011, to allow for planning and implementation during the summer months; provided further, that any grant funds distributed from this item to a city, town, or regional school district shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary; and provided further, that no funds shall be expended for personnel costs at the department of elementary and secondary education ...................................................... $15,485,202 13,918,030
General Fund.............................................................................. 89.880%
FMAP Budget Relief Fund....................................................... 10.120%
Governor reduced the following item by $321,000 and disapproved wording as indictated for message see H4840
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 Laws between the ages of 18 and 22, inclusive; provided, that the grant program will be limited to students who are considered to have severe disabilities and, in the case of students ages 18 to 19, shall be limited to students with severe disabilities who have been unable to achieve the competency determination necessary to pass the Massachusetts comprehensive assessment system exam; provided further, that said students with disabilities shall be offered enrollment in credit and noncredit courses that include nondisabled students, including enrollment in noncredit courses and credit bearing courses in audit status for students who may not meet course prerequisites and requirements, and that the partnering school districts will provide supports, services and accommodations necessary to facilitate a student’s enrollment; provided further, that the department, in consultation with the department of higher education, shall develop guidelines to ensure that the grant program promotes civic engagement and mentoring of faculty in state institutions of higher education, and supports college success, work success, participation in student life of the college community and provision of a free appropriate public education in the least restrictive environment; provided further, that the department, in consultation with the department of higher education, shall develop strategies and procedures to help sustain and replicate said inclusive concurrent enrollment programs; provided further, that funds may be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program; provided further, that funds may be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation; provided further, that the department of elementary and secondary education, in consultation with the department of higher education, shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on higher education on the discretionary grant program not later than February 15, 2011; provided further, that no funds shall be expended for personnel employed by the department of elementary and secondary education; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2011 ......................................................... $721,000 400,000
General Fund.............................................................................. 55.479%
FMAP Budget Relief Fund....................................................... 44.521%
Governor reduced the following item by $120,897 and disapproved wording as indictated for message see H4840
7061-9604.. For teacher preparations and certification ............ $1,488,306 1,367,409
General Fund.............................................................................. 91.877%
FMAP Budget Relief Fund......................................................... 8.123%
Governor reduced the following item by $500,000 and disapproved wording as indictated for message see H4840
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 of elementary and secondary education 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 the funds; provided further, that funds may be directed to increase comprehensive after-school and out-of-school time programming to school age children and youth during the school year and the summer, including but not limited to 21st century community learning centers programs; provided further, that funds from this item may be used for a variety of activities, including but not limited to: (1) academic tutoring and homework centers where content is linked to and based on the curriculum guidelines promulgated by said department; (2) programs which improve the health of students, including physical activities, athletics, nutrition and health education and exercise; (3) art, theater, and music programs developed in collaboration with the Massachusetts cultural council, local cultural councils or cultural organizations in the Commonwealth funded by the Massachusetts cultural council; (4) enrichment activities not otherwise provided during the school day; (5) advanced study for the gifted and talented; and (6) community service programs; provided further, that funds shall be expended for services that actively include children with disabilities in after-school programs that also serve non-disabled children and services that include children where English is a second language, including but not limited to: increased per-child reimbursement rates, additional staff, technical assistance, training and transportation; provided further, that the department of elementary and secondary education shall consult the executive office of health and human services and the department of early education and care to maximize the provision of wrap-around services and to coordinate programs and services for children and youth during after-school and out-of-school time programs; provided further, that the department shall select grant recipients not later than September 30, 2010, and shall report on the preliminary results of said grants not later than February 15, 2011, to the secretary of administration and finance, the house and senate chairs of the joint committee on education and the chairs of the house and senate committees on ways and means; provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2011, to allow for implementation of said programs during the summer months; and provided further, funds shall be expended to convene regional networks, to work with the department of elementary and secondary education and the department of early education and care to support the implementation of school-community partnerships and to submit a report by October 15, 2010, to the general court and the administration making recommendations on how to enhance school-community partnerships and positive outcomes for children and youth through funding as provided in this item ...................... $2,000,000 1,500,000
General Fund.............................................................................. 75.000%
FMAP Budget Relief Fund....................................................... 25.000%
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.................... $146,140
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
Governor reduced the following item by $300,000 and disapproved wording as indictated for message see H4840
7061-9626.. For grants and contracts with youth-build programs for the purposes of providing comprehensive youth-build services........... $1,600,000 1,300,000
General Fund.............................................................................. 81.250%
FMAP Budget Relief Fund....................................................... 18.750%
Governor reduced the following item by $150,000 and disapproved wording as indictated for message see H4840
7061-9634.. For a transfer of this item to the Massachusetts Service Alliance, which shall be responsible for administering a competitive statewide grant program for public and private agencies to start or expand youth mentoring programs according to current best practices and for purposes including advancing academic performance, self-esteem, social competence and workforce development; provided, that the department of elementary and secondary education shall transfer the amount appropriated in this item to the Massachusetts Service Alliance for the purpose of these grants; provided further, that in order to be eligible to receive funds from this item, each public or private agency shall provide a matching amount equal to $1 for every $1 disbursed from this item; and provided further, that the Massachusetts Service Alliance shall submit a report detailing the impact of grants, expenditure of funds and the amount and source of matching funds raised to the department of elementary and secondary education...................................... $250,000 100,000
General Fund.............................................................................. 40.000%
FMAP Budget Relief Fund....................................................... 60.000%
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 the department shall report, not later than February 15, 2011, 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, 2011 ................................................ $353,227
Department of Higher Education.
Governor reduced the following item by $200,000 and disapproved wording as indictated for message see H4840
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; and provided further, that in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority and the University of Massachusetts Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of these authorities, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the General Fund from the funds received from the operations of the projects such costs, if any, as shall be incurred by the commonwealth for these purposes in the current fiscal year, as determined by the appropriate building authority, verified by the commissioner of higher education and approved by the secretary of administration and finance; provided, that funds may be expended for a program in math, science, engineering and technology for academically accelerated students in their final 2 years of high school pursuant to item 7061-9612 of chapter 182 of the acts of 2008; provided further, that funds may be expended by the department of higher education on a review conducted by an external entity of the capacities and sustainability of the community colleges in the commonwealth in the context of the current fiscal climate and rapidly increasing student enrollments, and the overall role of the colleges in contributing to the economic, social and educational progress of the commonwealth; provided further, that said review shall include but not be limited to an analysis of the sufficiency of program and course availability, faculty and administrative staffing including, but not limited to, the use of adjunct faculty, academic and other student support services and academic facilities in relation to student demand, the sustainability of the current funding mechanisms and patterns, ability of community colleges to respond to the needs of employers for workforce development, overall course and program affordability at each college; provided further, that the department of higher education shall solicit private grants supporting said review; and provided further, that said review shall include a comprehensive report to be completed not later than November 15, 2010 and submitted to the speaker of the house, the senate president, the co-chairs of the joint committee on higher education, the chairs of the house and senate committees on ways and means, the house and senate minority leaders, the secretary of education, the secretary of administration and finance and the secretary of workforce and economic development; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that the department shall expend funds for a program in math, science, engineering and technology for academically accelerated students in their final 2 years of high school pursuant to item 7061-9612 of chapter 182 of the acts of 2008....................................................... $1,770,984 1,570,984
General Fund.............................................................................. 88.707%
FMAP Budget Relief Fund....................................................... 11.293%
7066-0005.. For the commonwealth’s share of the cost of the compact for education.......................................................... $82,620
7066-0009.. For the New England board of higher education............ $367,500
7066-0015.. For the community college workforce training incentive grant program established in section 15F of chapter 15A of the General Laws $1,250,000
Governor reduced the following item by $74,262 and disapproved wording as indictated for message see H4840
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 children and families under a care and protection petition upon reaching the age of 18, or persons in the custody of the department matriculating at such an institution at an earlier age, shall qualify for such aid; provided further, that no such person shall be required to remain in the custody of the department beyond age 18 to qualify for such aid; provided further, that this aid shall not exceed $6,000 per recipient per year; and provided further, that this aid shall be granted after exhausting all other sources of financial support................. $1,149,561 1,075,299
General Fund.............................................................................. 93.540%
FMAP Budget Relief Fund......................................................... 6.460%
Governor disapproved the following item for message see H4840
7066-0019.. For the department of higher education to support the dual enrollment program allowing qualified high school students to take college courses; provided, that public higher education institutions may offer courses in high schools in addition to courses offered at the institutions or online if the number of students is sufficient........... $750,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $75,000 and disapproved wording as indictated for message see H4840
7066-0020.. For the nursing and allied health workforce development initiative, to develop and support strategies that increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health; provided, that the amount appropriated in this item shall be transferred to the Massachusetts Nursing and Allied Health Workforce Development Trust Fund established in section 33 of chapter 305 of the acts of 2008; provided further, that funds shall be transferred to the Trust Fund according to an allotment schedule adopted by the executive office for administration and finance; and provided further, that the department of higher education shall provide monthly expenditure reports to the executive office for administration and finance and the house and senate committees on ways and means. ........................... $710,250 635,250
General Fund.............................................................................. 89.440%
FMAP Budget Relief Fund....................................................... 10.560%
Governor reduced the following item by $64,600 and disapproved wording as indictated for message see H4840
7066-0021.. For reimbursements to public institutions of higher education for foster and adopted child fee waivers under section 19 of chapter 15A of the General Laws; provided, that no funds shall be distributed from this line item prior to certification by the state and community colleges and the University of Massachusetts of the actual amount of tuition and fees waived for foster and adopted children attending public institutions of higher education under said section 19 of said chapter 15A that would otherwise have been retained by the campuses, according to procedures and regulations promulgated by the board of higher education $1,000,000 935,400
General Fund.............................................................................. 93.540%
FMAP Budget Relief Fund......................................................... 6.460%
7066-0024.. For the school of excellence program at the Worcester Polytechnic Institute; provided, that every effort shall be made to recruit and serve equal numbers of male and female students; provided further, that sending districts of students attending the Institute shall not be required to expend any funds for the cost of these students while in attendance at the Institute; 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 no later than February 1, 2011, detailing the professional development activities; and provided further, that the department of elementary and secondary education shall provide a subsidy to the Worcester Polytechnic Institute to operate a school of excellence in mathematics and science............................. $1,300,000
Governor reduced the following item by $3,000,000 and disapproved wording as indictated for message see H4840
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 funds from this item may be expended on the administration of the scholarship program; and provided further, that the commissioner of higher education, in coordination with the Massachusetts state scholarship office, shall adopt regulations governing the eligibility and the awarding of financial assistance; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that the board shall continue to administer all programs funded in this item at an amount not less than that expended in the prior fiscal year.................................................. $89,507,756 86,507,756
General Fund.............................................................................. 96.648%
FMAP Budget Relief Fund......................................................... 3.352%
Governor reduced the following item by $750,000 and disapproved wording as indictated for message see H4840
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 January 9, 1988, for supportive veterinary services provided to the commonwealth; provided further, that prior year costs may be paid from this item; provided further, that funds appropriated in this item shall support bioterrorism prevention research related to diseases that can be transmitted from animals to humans, in consultation with Massachusetts emergency authorities; provided further, that funds may be expended for a program in collaboration with a community college to educate and train veterinary technicians; provided further, that the school may work in consultation with the Norfolk County Agricultural School on veterinary programs; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that the school shall expend $500,000 for a program in collaboration with a community college to educate and train veterinary technicians and that the school shall work in consultation with the Norfolk County Agricultural School on veterinary programs....................................................... $3,000,000
General Fund.............................................................................. 75.000%
FMAP Budget Relief Fund....................................................... 25.000%
7520-0424.. For a health and welfare reserve for eligible personnel employed at the community and state colleges. ......................... $5,494,616
University of Massachusetts.
Governor reduced the following item by $14,301,406 and disapproved wording as indictated for message see H4840
7100-0200.. For the operation of the University of Massachusetts; provided, that notwithstanding any general or special law to the contrary, the university may establish and organize auxiliary organizations, subject to policies, rules and regulations adopted by the board, to provide essential functions which are integral to the educational mission of the university; provided further, that notwithstanding any general or special law to the contrary, the university may enter into leases of real property without prior approval of the division of capital asset management and maintenance; provided further, that the University of Massachusetts shall expend funds, for the operation of the office of dispute resolution at the University of Massachusetts Boston, for capital lease payments from the University of Massachusetts to the Massachusetts Development Finance Agency and for annual operations of the advanced technology and manufacturing center in Fall River and for the University of Massachusetts Amherst Cranberry Station; provided further, that the department of higher education’s commonwealth college honors program at the University of Massachusetts Amherst shall be operated at a funding level not less than the funding level at which it operated in fiscal year 2010; provided further, that funds may be expended for the operation of the University of Massachusetts Boston’s Edward J. Collins Center for Public Management, the operation of the Future of Work Research Initiative at the University of Massachusetts Labor Centers at Amherst, Boston, Dartmouth and Lowell campuses, for the University of Massachusetts Medical School to enhance efforts to increase the number of graduating medical students in primary care specialties and for the operation of an inner-city youth collaborative at the UMass Field Station on Nantucket to learn about nature, ecology, environment, science and history on the island; and provided further, that the governor may allocate $10,689,530, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein.................... $438,356,862 424,055,456
General Fund.............................................................................. 96.737%
FMAP Budget Relief Fund......................................................... 3.263%
State Colleges.
Governor reduced the following item by $1,061,132 and disapproved wording as indictated for message see H4840
7109-0100.. For Bridgewater State College; provided, that the governor may allocate $856,633, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $35,003,378 33,942,246
General Fund.............................................................................. 96.968%
FMAP Budget Relief Fund......................................................... 3.032%
Governor reduced the following item by $862,335 and disapproved wording as indictated for message see H4840
7110-0100.. For Fitchburg State College; provided, that the governor may allocate $602,567, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $24,737,767 23,875,432
General Fund.............................................................................. 96.514%
FMAP Budget Relief Fund......................................................... 3.486%
Governor reduced the following item by $651,579 and disapproved wording as indictated for message see H4840
7112-0100.. For Framingham State College; provided, that the governor may allocate $538,485, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $21,987,870 21,336,291
General Fund.............................................................................. 97.037%
FMAP Budget Relief Fund......................................................... 2.963%
Governor reduced the following item by $226,026 and disapproved wording as indictated for message see H4840
7113-0100.. For the Massachusetts College of Liberal Arts; provided, that the governor may allocate $311,422, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein ........................... $12,565,451 12,339,425
General Fund.............................................................................. 98.201%
FMAP Budget Relief Fund......................................................... 1.799%
Governor reduced the following item by $1,457,013 and disapproved wording as indictated for message see H4840
7114-0100.. For Salem State College; provided, that the governor may allocate $862,906, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $35,647,826 34,190,813
General Fund.............................................................................. 95.913%
FMAP Budget Relief Fund......................................................... 4.087%
Governor reduced the following item by $1,012,795 and disapproved wording as indictated for message see H4840
7115-0100.. For Westfield State College; provided, that the governor may allocate $503,180, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $20,897,421 19,884,626
General Fund.............................................................................. 95.153%
FMAP Budget Relief Fund......................................................... 4.847%
Governor reduced the following item by $745,241 and disapproved wording as indictated for message see H4840
7116-0100.. For Worcester State College; provided, that the governor may allocate $512,833, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $21,065,156 20,319,915
General Fund.............................................................................. 96.462%
FMAP Budget Relief Fund......................................................... 3.538%
Governor reduced the following item by $236,070 and disapproved wording as indictated for message see H4840
7117-0100.. For the Massachusetts College of Art; provided, that the governor may allocate $329,394, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein .................................. $13,290,585 13,054,515
General Fund.............................................................................. 98.224%
FMAP Budget Relief Fund......................................................... 1.776%
Governor reduced the following item by $221,385 and disapproved wording as indictated for message see H4840
7118-0100.. For the Massachusetts Maritime Academy; provided, that the governor may allocate $305,027, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein .................................. $12,307,421 12,086,036
General Fund.............................................................................. 98.201%
FMAP Budget Relief Fund......................................................... 1.799%
Community Colleges.
Governor reduced the following item by $186,717 and disapproved wording as indictated for message see H4840
7502-0100.. For Berkshire Community College; provided, that the governor may allocate $203,308, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein.................................... $8,242,372 8,055,655
General Fund.............................................................................. 97.735%
FMAP Budget Relief Fund......................................................... 2.265%
Governor reduced the following item by $283,048 and disapproved wording as indictated for message see H4840
7503-0100.. For Bristol Community College; provided, that the governor may allocate $350,498, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $14,170,765 13,887,717
General Fund.............................................................................. 98.003%
FMAP Budget Relief Fund......................................................... 1.997%
Governor reduced the following item by $242,491 and disapproved wording as indictated for message see H4840
7504-0100.. For Cape Cod Community College; provided, that the governor may allocate $250,703, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $10,176,052 9,933,561
General Fund.............................................................................. 97.617%
FMAP Budget Relief Fund......................................................... 2.383%
Governor reduced the following item by $184,560 and disapproved wording as indictated for message see H4840
7505-0100.. For Greenfield Community College; provided, that the governor may allocate $199,807, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein.................................... $8,101,501 7,916,941
General Fund.............................................................................. 97.722%
FMAP Budget Relief Fund......................................................... 2.278%
Governor reduced the following item by $346,754 and disapproved wording as indictated for message see H4840
7506-0100.. For Holyoke Community College; provided, that the governor may allocate $406,289, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $16,445,062 16,098,308
General Fund.............................................................................. 97.891%
FMAP Budget Relief Fund......................................................... 2.109%
Governor reduced the following item by $326,349 and disapproved wording as indictated for message see H4840
7507-0100.. For Massachusetts Bay Community College; provided, that the governor may allocate $304,284, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $12,382,929 12,056,580
General Fund.............................................................................. 97.365%
FMAP Budget Relief Fund......................................................... 2.635%
Governor reduced the following item by $326,349 and disapproved wording as indictated for message see H4840
7508-0100.. For Massasoit Community College; provided, that the governor may allocate $440,840, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $17,847,342 12,056,580
General Fund.............................................................................. 97.871%
FMAP Budget Relief Fund......................................................... 2.129%
Governor reduced the following item by $229,146 and disapproved wording as indictated for message see H4840
7509-0100.. For Mount Wachusett Community College; provided, that the governor may allocate $278,098, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $11,248,173 11,019,027
General Fund.............................................................................. 97.963%
FMAP Budget Relief Fund......................................................... 2.037%
Governor reduced the following item by $329,035 and disapproved wording as indictated for message see H4840
7510-0100.. For Northern Essex Community College; provided, that the governor may allocate $415,241, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $16,782,052 16,453,017
General Fund.............................................................................. 98.039%
FMAP Budget Relief Fund......................................................... 1.961%
Governor reduced the following item by $369,956 and disapproved wording as indictated for message see H4840
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 the governor may allocate $446,409, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein...................................................... $18,057,946 17,687,990
General Fund.............................................................................. 97.951%
FMAP Budget Relief Fund......................................................... 2.049%
Governor reduced the following item by $298,334 and disapproved wording as indictated for message see H4840
7512-0100.. For Quinsigamond Community College; provided, that the governor may allocate $330,099, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $13,377,814 13,079,480
General Fund.............................................................................. 97.770%
FMAP Budget Relief Fund......................................................... 2.230%
Governor reduced the following item by $482,826 and disapproved wording as indictated for message see H4840
7514-0100.. For Springfield Technical Community College; provided, that the governor may allocate $535,107, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $21,685,283 21,202,457
General Fund.............................................................................. 97.773%
FMAP Budget Relief Fund......................................................... 2.227%
Governor reduced the following item by $216,042 and disapproved wording as indictated for message see H4840
7515-0100.. For Roxbury Community College; provided, that the governor may allocate $246,384, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein....................................................... $9,978,460 9,762,418
General Fund.............................................................................. 97.835%
FMAP Budget Relief Fund......................................................... 2.165%
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 ................. $529,843
Governor reduced the following item by $438,631 and disapproved wording as indictated for message see H4840
7516-0100.. For Middlesex Community College; provided, that the governor may allocate $435,056, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $17,676,787 17,238,156
General Fund.............................................................................. 97.519%
FMAP Budget Relief Fund......................................................... 2.481%
Governor reduced the following item by $625,220 and disapproved wording as indictated for message see H4840
7518-0100.. For Bunker Hill Community College; provided, that the governor may allocate $452,379, made available through the American Recovery and Reinvestment Act of 2009, P. L. 111-5, in addition to the amount appropriated herein................................... $18,549,780 17,924,560
General Fund.............................................................................. 96.630%
FMAP Budget Relief Fund......................................................... 3.370%
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY.
Office of the Secretary.
Governor reduced the following item by $200,000 and disapproved wording as indictated for message see H4840
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 and the costs associated with the implementation of chapter 228 of the acts of 2000; provided, that the secretary shall, to the fullest extent consistent with the duties of the office, prioritize the development and implementation of a real-time data-sharing system between federal, state and municipal law enforcement to facilitate interdepartmental cooperation and assistance; provided, that the secretary may enter into an agreement with a state college or university to provide for the expansion of a comprehensive law enforcement and emergency response training program for local, state and federal criminal justice and homeland security professionals, subject to the receipt of federal matching funds.................. $2,080,688 1,880,688
General Fund.............................................................................. 90.388%
FMAP Budget Relief Fund......................................................... 9.612%
Governor reduced the following item by $100,000 and disapproved wording as indictated for message see H4840
8000-0038.. For the operation of a witness protection program pursuant to chapter 263A of the General Laws ................................ $194,245 94,245
General Fund.............................................................................. 48.519%
FMAP Budget Relief Fund....................................................... 51.481%
8000-0040.. For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers; provided, however, that regular full-time members of municipal police departments hired on or after July 1, 2009 shall not be eligible to participate in the career incentive pay program established pursuant to section 108L of chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department who has not enrolled in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 of the General Laws, as of October 1, 2009, shall not be eligible to participate in the career incentive pay program established pursuant to said section 108L of said chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department who has begun to accumulate credit hours pursuant to said section 108L of said chapter 41 of the General Laws as of October 1, 2009 shall be allowed to accumulate the maximum number of credit hours for any eligible degree permitted pursuant to said section 108L of said chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department on active duty in the armed forces of the United States in any theater of operations from July 1, 2008 through September 1, 2009 who enrolls in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 no later than 4 months from the date of his return from active duty shall be allowed to accumulate the maximum number of credit hours for any eligible degree permitted pursuant to said section 108L of said chapter 41; and provided further, that any permanent employee of a municipal police department appointed prior to October 1, 2009 and separated from employment pursuant to section 39 of chapter 31 of the General Laws may enroll in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 no later than 4 months from the date of his reinstatement ..................................... $5,000,000
Governor reduced the following item by $15,358 and disapproved wording as indictated for message see H4840
8000-0202.. For the purchase and distribution of sexual assault evidence collection kits; provided, that administrative resources provided from other items for the implementation of this program in fiscal year 2010 shall not be reduced in fiscal year 2011 ............................. $102,240 86,882
General Fund.............................................................................. 84.978%
FMAP Budget Relief Fund....................................................... 15.022%
8000-1700.. For the provision of information technology services within the executive office of public safety and security........ $18,077,757
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 2011 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 March 15, 2011; and provided further, that the department of mental health shall maintain monitoring and quality review functions of the units ............. $1,886,335
Chief Medical Examiner
Governor reduced the following item by $604,380 and disapproved wording as indictated for message see H4840
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 January 17, 2011 detailing the caseload of the office; and provided further, that the report shall include, but not be limited to, the number of toxicology tests, the reduction of turnaround time of toxicology tests and the reduction of the case backlog, the number of autopsies performed, the number of cases under the office’s jurisdiction, the number of external exams performed, the number of cases determined to be homicides, and the number of cremations performed under the office’s jurisdiction in 2009 and 2010 $7,627,153 7,022,773
General Fund.............................................................................. 92.076%
FMAP Budget Relief Fund......................................................... 7.924%
Governor reduced the following item by $140,000 and disapproved wording as indictated for message see H4840
8000-0122.. For the office of the chief medical examiner, which may expend for its operations an amount not to exceed $2,100,000 in revenues collected from fees for services provided by the chief medical examiner; provided, that notwithstanding any general or special law to the contrary, for the purposes of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the agency may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $2,100,000 2,060,000
General Fund.............................................................................. 98.095%
FMAP Budget Relief Fund......................................................... 1.905%
State Police Crime Laboratory.
Governor reduced the following item by $186,606 and disapproved wording as indictated for message see H4840
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 practices and procedures of the state police crime laboratory shall be informed by the recommendations of the Forensic Sciences Advisory Board; and provided further, that the agency shall report to the house and senate committees on ways and means and the joint committee on public safety and homeland security not later than December 31, 2010, concerning, but not limited to, the number of cases introduced to the CODIS database, the number of confirmations attained from the CODIS database, and the number of cases referred to a district attorney delineated by county................ $13,351,250 13,164,644
General Fund.............................................................................. 98.602%
FMAP Budget Relief Fund......................................................... 1.398%
Criminal History Systems Board.
Governor reduced the following item by $542,314 and disapproved wording as indictated for message see H4840
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 funds may be expended for the purpose of enabling local housing authorities’ access to criminal offender record information when qualifying applicants for state-assisted housing ...... $2,533,686 1,991,372
General Fund.............................................................................. 78.596%
FMAP Budget Relief Fund....................................................... 21.404%
Sex Offender Registry.
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 notwithstanding any general or special law to the contrary, that the registration fee paid by convicted sex offenders under section 178Q of chapter 6 of the General Laws shall be retained and expended by the sex offender registry board............................ $3,641,391
Department of State Police.
Governor reduced the following item by $4,200,001 and disapproved wording as indictated for message see H4840
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 and the payment of overtime for state police officers; provided further, that the department shall maintain the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not fewer than 40 officers may be provided to the department of conservation and recreation for the purpose of patrolling the watershed property of the department of conservation and recreation; provided further, that funds shall be expended from this item for the administration and operation of an automated fingerprint identification system and the motor carrier safety assistance program; provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse; provided further, that the department shall enter into an interagency agreement with the department of conservation and recreation to provide police coverage on department properties and parkways; provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the office of law enforcement in the executive office of energy and environmental affairs at no cost to, or compensation from, that office; provided further, that there shall be a study submitted to the house and senate committees on ways and means not later than January 31, 2011, on traffic details worked by the department of state police, including troops A, B, C, D, E, F, and H, over the last year, which shall detail, on a monthly basis: the total number of hours worked on traffic details by state police officers, the total amount paid to state police officers for traffic details, the standard hourly rates for traffic details done by state police officers and the city or town in which traffic details are performed by state police officers; provided further, that funds may be expended for a new state police class; and provided further, that the department may expend funds from this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the office of the chief medical examiner, the municipal police training committee and the criminal history systems board; provided further, that the department shall conduct a pilot program that may utilize idle reduction technology that reduces fuel consumption and emissions in not fewer than 100 patrol cruisers to evaluate the potential to reduce fuel consumption throughout the fleet; provided further, that the department shall report on the results of the program to the senate and house committees on ways and means not later than June 30, 2011; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, the department shall conduct a pilot program that shall utilize idle reduction technology that reduces fuel consumption and emissions in not fewer than 100 patrol cruisers to evaluate the potential to reduce fuel consumption throughout the fleet................ $232,633,684 228,433,683
General Fund.............................................................................. 98.195%
FMAP Budget Relief Fund......................................................... 1.805%
8100-0006.. For private police details; provided, that the department may expend up to $27,500,000 in revenues collected from fees charged for private police details and for the costs of administering such details; and provided further, that notwithstanding any general or special law to the contrary, the department may incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year 2011 to be charged to this item in an amount not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system for the purposes stated in this item to accommodate the delayed receipt of revenues authorized to be retained in this item during fiscal year 2011............................................. $27,500,000
8100-0011.. For the department of state police, which may expend an amount not to exceed $3,100,000 for certain police activities provided pursuant to agreements authorized in this item; provided, that for fiscal year 2011, the colonel of state police may enter into service agreements with the commanding officer or other person in charge of a military reservation of the United States located in the Massachusetts Development Finance Agency, established in chapter 23G of the General Laws; provided further, that such agreements shall establish the responsibilities pertaining to the operation and maintenance of police services including, but not limited to: (a) provisions governing payment to the department for the cost of regular salaries, overtime, retirement, and other employee benefits; and (b) provisions governing payment to the department for the cost of furnishings and equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the colonel may enter into service agreements as may be necessary to enhance the protection of persons, as well as assets and infrastructure located within the commonwealth, from possible external threat or activity; provided further, that such agreements shall establish the responsibilities pertaining to the operation and maintenance of police services including, but not limited to: (a) provisions governing payment to the department for the cost of regular salaries, overtime, retirement, and other employee benefits; and (b) provisions governing payment to the department for the cost of equipment necessary to provide such police services; provided further, that the department may charge any recipients of police services for the cost of such services, as authorized by this item; provided further, that the department may retain the revenue so received and expend such revenue as necessary pursuant to this item to provide the agreed level of services; provided further, that the colonel may expend from this item costs associated with joint federal and state law enforcement activities from federal reimbursements received therefore; and provided further, that notwithstanding any general or special law to the contrary, for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system............................ $3,100,000
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 $1,050,000 from fees charged for these services; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system...................................... $1,050,000
8100-0020.. For the department of state police, which may expend an amount not to exceed $35,000 in fees charged for the use of the statewide telecommunications system for the maintenance of the system $35,000
8100-0101.. For the department of state police, which may expend for the Governor’s Auto Theft Strike Force an amount not to exceed $331,200 from fees for services performed through the auto etching program and from assessments upon the insurance industry.............................. $331,200
Governor reduced the following item by $2,000,000 and disapproved wording as indictated for message see H4840
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 2012 or subsequent years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security shall publish guidelines and an application for the competitive portion of the grant program not later than August 16, 2010; provided further, that awards shall be made to applicants not later than December 15, 2010; and provided further, that the executive office of public safety and security may expend not more than $100,000 of the sum appropriated in this item for its costs in administering the program....................................................... $6,500,000 4,500,000
General Fund.............................................................................. 69.231%
FMAP Budget Relief Fund....................................................... 30.769%
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 under no circumstances shall any expenditures authorized by this item be charged to item 8200-0222; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item ........... $2,476,460
8200-0222.. For the municipal police training committee, which may collect and expend an amount not to exceed $450,000 for the purposes of providing training to new recruits; provided, that the committee shall charge $2,500 per recruit for the training; provided further, that notwithstanding any general or special law to the contrary, the committee shall charge a fee of $2,500 per person for training programs operated by the committee for all persons who begin training on or after July 1, 2010; provided further, that the fee shall be retained and expended by the committee; provided further, that the trainee, or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide the fee in full to the committee no later than the first day of orientation for the program in which such trainee or recruit has enrolled; provided further, that no recruit or person shall begin training unless the municipality or the person has provided the fee in full to the committee; provided further, that for recruits of municipalities, upon the completion of the program, the municipality shall deduct the fee from the recruit’s wages in 23 equal monthly installments, unless otherwise negotiated between the recruit and the municipality in which the recruit shall serve; provided further, that if a recruit withdraws from the training program before graduation, the committee shall refund the municipality in which the recruit was to have served a portion of the fee according to the following schedule: if a recruit withdraws from the program before the start of week 2, 75 per cent of the payment shall be refunded; if a recruit withdraws from the program after the start of week 2 but before the start of week 3, 50 per cent of the fee shall be refunded; if a recruit withdraws from the program after the start of week 3 but before the start of week 4, 25 per cent of the fee shall be refunded; if a recruit withdraws after the start of week 4, the fee shall not be refunded; provided further, that a recruit who withdraws from the program shall pay the municipality in which he was to have served the difference between the fee and the amount forfeited by the municipality according to the schedule; provided further, that the schedule shall also apply to trainees other than recruits who enroll in the program; provided further, that no expenditures shall be charged to this item that are not directly related to new recruit training; provided further, that no expenditures shall be charged to this item that are related to chief, veteran, in-service, or reserve training, or any training not directly related to new recruits; provided further, that the committee shall submit a report on the status of recruit training, including the number of classes, start and end dates of each class, total number of recruits enrolled and graduating in each class, cost per recruit and cost per class for fiscal years 2010 and 2011; provided further, that the report shall be submitted to the house and senate committees on ways and means not later than January 3, 2011; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the committee may incur expenses and the comptroller may certify for payments not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .................................................. $450,000
Department of Public Safety.
8311-1000.. For the administration of the department of public safety, including the board of building regulations and standards and the architectural access board; provided, that the department may charge fees for permitting the operation of amusement devices and to support the department’s participation in the National Council for Amusement and Recreational Equipment Safety; provided further, that the department may charge fees for amusement operator certification; and provided further, that the salaries of the commissioner and the deputy commissioner of the department of public safety shall be paid from this item $1,381,164
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 October 1, 2010; provided further, that the division shall develop and maintain an electronic database that shall include, but not be limited to, the location and a categorical classification of buildings in which inspections are conducted; and provided further, that the division shall inspect all elevators in the state house and the McCormack office building.............................. $3,540,854
8315-1020.. For the department of public safety, which may expend not more than $4,000,000 in revenues collected from fees for annual elevator and amusement park ride inspections; provided, that funds shall be expended for the operation of the department and for the purposes of addressing the existing elevator inspection backlog; provided further, that funds shall be expended for hiring additional elevator inspectors or engineers; provided further, that the department shall conduct an analysis to improve efficiency in use of department resources and shall report the findings of its analysis to the house and senate committees on ways and means and the joint committee on public safety not later than 90 days after the effective date of this act; provided further, that the department shall make efforts to employ inspectors that will perform overnight and weekend inspections as their regular work shift; provided further, that the department shall provide a full waiver of the inspection fee for an individual who requires a wheelchair lift as a medical necessity and whose annual income does not exceed the maximum allowable federal SSI benefit, or $7,236 a year, whichever is greater; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................................................... $5,500,000
8315-1025.. For the department of public safety, which may collect and expend an amount not to exceed $90,182 for the purposes of providing state building code training and courses for instruction; provided, that the agency may charge fees for the classes and education materials associated with administering training; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system. ..... $90,182
Department of Fire Services.
Governor reduced the following item by $2,344,500 and disapproved wording as indictated for message see H4840
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 hazardous materials emergency response program, the board of fire prevention regulations established in section 4 of chapter 22D of the General Laws, the expenses of the fire safety commission and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and non-municipal fire training and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that the amount allocated for programs providing information about the fire risks caused by smoking, the regional dispatch center, critical incident stress intervention programs and fire department training academies listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in fiscal year 2011; provided further, that the amount allocated for critical incident stress management residential services in item 8000-0000 of said section 2 of said chapter 182 shall be allocated to the program in fiscal year 2011; provided further, that the amount allocated for hazardous material response teams specifically listed item 8324-0000 of said section 2 of said chapter 182 shall be allocated to each program in fiscal year 2011 and shall not be reduced by more than 57 per cent; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal’s office, critical incident stress programs, the Massachusetts and fire department training academies and the regional dispatch center, shall be assessed upon insurance companies writing fire, homeowners’ multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receipt of notice of such assessment from the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for hazardous materials emergency response shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion, policies on property situated in the commonwealth and commercial auto liability policies as referenced in line 5.1 and line 19.4, respectively, in the most recent annual statement on file with the commissioner of insurance; and provided further, that not more than 10 per cent of the amount designated for the arson prevention program shall be expended for the administrative cost of the program.................... $16,861,169
8324-0304.. For the department of fire services; provided, that the department may expend for the purposes of enforcement and training an amount not to exceed $25,000 from revenue generated under chapter 148A of the General Laws and section 7 of chapter 304 of the acts of 2004..... $25,000
Military Division.
Governor reduced the following item by $15,735 and disapproved wording as indictated for message see H4840
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 $7,779,239 7,763,504
General Fund.............................................................................. 99.798%
FMAP Budget Relief Fund......................................................... 0.202%
8700-1140.. For the military division, which may expend for the costs of national guard missions and division operations an amount not to exceed $1,400,000 from fees charged for the non-military rental or use of armories and from reimbursements generated by national guard missions....................................................... $1,400,000
8700-1150.. 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 August 31, 2011 for the reimbursement of the tuition and fees waived for classes taken during the summer months; provided further, that the military division of the Massachusetts national guard and the board of higher education shall issue a joint report not later than February 15, 2011 on the implementation of this waiver; provided further, that the report shall be submitted to the secretary of administration and finance, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on veterans and federal affairs and the house and senate chairs of the joint committee on higher education; and provided further, that the military division may expend funds from this item for administrative services................................ $3,350,000
8700-1160.. For life insurance premiums under section 88B of chapter 33 of the General Laws .......................................... $1,275,000
Massachusetts Emergency Management Agency.
8800-0001.. For the operations of the Massachusetts emergency management agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities ...... $1,214,379
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 ...................... $429,268
Governor reduced the following item by $56,250 and disapproved wording as indictated for message see H4840
8800-0200.. For the radiological emergency response 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 amount allocated to a program or its successor listed in this item as appearing in section 2 of chapter 27 of the acts of 2009 may be allocated to the program or its successor again; provided further, that the department of public utilities shall develop an equitable method of apportioning such assessments among the licensees; provided further, that such assessments shall be paid during the current fiscal year as provided by the department; and provided further, that for the purposes of this item, electric companies shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale of electricity within the commonwealth, but shall not include municipalities or municipal light plants .................................. $337,003 280,753
General Fund.............................................................................. 83.309%
FMAP Budget Relief Fund....................................................... 16.691%
Department of Correction.
Governor reduced the following item by $5,282,427 and disapproved wording as indictated for message see H4840
8900-0001.. For the operation of the commonwealth‘s department of correction; provided, that before closing any correctional facility, the commissioner of corrections and the secretary of public safety and security shall report to the house and senate committees on ways and means and public safety and homeland security 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 and homeland security before January 1 of each year the point score compiled by the department of correction‘s objective classification system for all prisoners confined in each prison operated by the department; provided further, that not less than $200,000 shall be expended for the aid to incarcerated mothers program; and provided further, that in an effort to monitor and reduce current levels of over-classification, the department of correction shall provide quarterly reports to the joint committee on public safety and the house and senate committees on ways and means with data on the number of prisoners at each security level .......... $500,246,928 494,964,501
General Fund.............................................................................. 98.944%
FMAP Budget Relief Fund......................................................... 1.056%
8900-0002.. For the operation of the Massachusetts Alcohol and Substance Abuse Center; provided, that the commissioner of the department of correction and the commissioner of the department of public health, or their designees, shall jointly issue a report to the house and senate committees on ways and means, the joint committee on mental health and substance abuse and the joint committee on public safety and homeland security on the feasibility of transferring the operations of the center from the department of correction to the department of public health; provided further, that the report shall include a detailed timeline for transition, costs and savings related to the transition, potential for federal reimbursement under the department of public health, siting and location details, staffing plans, changes to patient care, necessary changes to state statute, oversight and governance, security and comparisons to other state practices; provided further that in writing the report, the department of public health and the department of correction shall consult with the judiciary to ensure that any proposed transfer shall conform with current sentencing and civil commitment guidelines and practices; and provided further, that the report shall include recommendations for the funding and operations of the Massachusetts Alcohol and Substance Abuse Center should the commissioners determine that the transfer to the department of public health is not feasible................................. $5,000,000
Substance Abuse Prevention and Treatment Fund........... 100.000%
8900-0006.. For the provision of substance abuse treatment, prevention and testing services; provided, that the commissioner of correction shall transfer funds from this item to item 8900-0001, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of 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.......................................... $2,022,877
Substance Abuse Prevention and Treatment Fund.......................... 100.000%
Governor reduced the following item by $170,517 and disapproved wording as indictated for message see H4840
8900-0010.. For prison industries and farm services ............... $2,253,211 2,082,694
General Fund.............................................................................. 92.432%
FMAP Budget Relief Fund......................................................... 7.568%
8900-0011.. For the prison industries and farm services program, which may expend for the operation of the program 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; provided, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system $2,600,000
8900-0045.. For the department of correction, which may expend for the operation of the department, including personnel-related expenses, an amount not to exceed $3,000,000 from revenues received from federal inmate reimbursements; provided, that $900,000 from these reimbursements shall not be available for expenditure and shall be deposited in the General Fund before the retention by the department of any of these reimbursements; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system................................ $3,000,000
8900-1100.. 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 January 20, 2011 on re-entry programming at the department of correction; and provided further that the report shall include information on the type of programs provided and the recidivism rate of the offenders who successfully complete the programs $550,139
Parole Board.
8950-0001.. For the operation of the parole board................. $17,697,560
8950-0002.. For the victim and witness assistance program of the parole board under chapter 258B of the General Laws......................... $210,670
8950-0008.. For the operation of the parole board’s sex offender management program and the supervision of high-risk offenders; provided, that the parole board may expend an amount not to exceed $600,000 from revenues collected from fees charged for parolee supervision; provided, that the parole board shall file a report with the house and senate committees on ways and means not later than February 1, 2011, which shall include, but not be limited to, the number of parolees participating in the program and the re-incarceration rate of participating parolees.. $600,000
Sheriffs.
Hampden Sheriff’s Department.
Governor reduced the following item by $325,117 and disapproved wording as indictated for message see H4840
8910-0102.. For the operation of the Hampden sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $65,023,431 64,698,314
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-1000.. For the Hampden sheriff’s department, which may expend for prison industries programs an amount not to exceed $2,005,423 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities, reimbursement for community service projects and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system....................................... $2,005,423
8910-2222.. For the Hampden sheriff’s department, which may expend for the operation of the department an amount not to exceed $1,500,000 from federal inmate reimbursements; provided, that $312,000 from the reimbursements shall not be available for expenditure and shall be deposited into the General Fund before the retention by the department of any of these reimbursements; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................... $1,500,000
Worcester Sheriff’s Department.
Governor reduced the following item by $201,706 and disapproved wording as indictated for message see H4840
8910-0105.. For the operation of the Worcester sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $40,341,283 40,139,577
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
Middlesex Sheriff’s Department.
Governor reduced the following item by $298,073 and disapproved wording as indictated for message see H4840
8910-0107.. For the operation of the Middlesex sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $59,614,670 59,316,597
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
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 therefore as reported in the state accounting system; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system............... $850,000
8910-1100.. For the Middlesex sheriff’s department, which may expend for the operation of a prison industries program an amount not to exceed $100,000 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded in the Massachusetts management accounting and reporting system......................................... $100,000
Hampshire Sheriff’s Department.
Governor reduced the following item by $58,463 and disapproved wording as indictated for message see H4840
8910-0110.. For the operation of the Hampshire sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $11,692,665 11,634,202
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-1112.. For the Hampshire sheriff’s department, which may expend for the operation of the Hampshire county regional lockup at the Hampshire county jail an amount not to exceed $250,000 in revenue; provided, that the sheriff shall enter into agreements to provide detention services to various law enforcement agencies and municipalities and shall determine and collect fees for those detentions from the law enforcement agencies and municipalities....................................... $250,000
Berkshire Sheriff’s Department.
Governor reduced the following item by $71,465 and disapproved wording as indictated for message see H4840
8910-0145.. For the operation of the Berkshire sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $14,292,924 14,221,459
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
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 $400,000 from revenues collected from Berkshire County public schools; provided, that funds shall be expended for the operation of the Juvenile Resource Center; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the sheriff’s office may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system; and provided further, that expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system......................................................... $400,000
than August 2, 2010 ......................... $8,701,145 8,657639
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
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 any state or federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system...................................... $2,100,000
Essex Sheriff’s Department.
Governor reduced the following item by $221,190 and disapproved wording as indictated for message see H4840
8910-0619.. For the operation of the Essex sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $44,237,906 44,016,716
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-6619.. For the Essex sheriff’s department, which may expend for the operation of the department an amount not to exceed $2,000,000 from revenues received from federal inmate reimbursements; provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited quarterly into the General Fund before the retention by the department of any of these revenues as certified by the comptroller; provided further, that the quarterly payments shall total $600,000 in fiscal year 2011; provided further, that said sheriff may expend from this item costs associated with joint federal and state law enforcement activities from federal reimbursements received; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $2,000,000
Massachusetts Sheriff’s Association.
8910-7100.. For the Massachusetts Sheriffs Association, which may expend for its operation an amount not to exceed $344,790 in revenue collected from voluntary contributions from all sheriffs; provided, that the sheriffs shall appoint persons to serve as executive director, assistant executive director and research director and other staff positions as necessary for the purpose of coordination and standardization of services and programs, the collection and analysis of data related to incarceration and recidivism and generation of reports, technical assistance and training to ensure standardization in organization, operations, and procedures; provided further, that this staff shall not be subject to section 45 of chapter 30 of the General Laws or chapter 31 of the General Laws and shall serve at the will and pleasure of a majority of sheriffs; provided further, that the executive director of the association shall submit a report that shows the amounts of all grants awarded to each sheriff in fiscal year 2010; and provided further, that the report shall be submitted to the house and senate committees on ways and means not later than February 1, 2011 $344,790
Barnstable Sheriff’s Department.
Governor reduced the following item by $104,051 and disapproved wording as indictated for message see H4840
8910-8200.. For the operation of the Barnstable sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $20,810,275 20,706,224
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-8210.. For the Barnstable sheriff’s department, which may expend for the operation of the department an amount not to exceed $250,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system...... $250,000
Bristol Sheriff’s Department.
Governor reduced the following item by $133,556 and disapproved wording as indictated for message see H4840
8910-8300.. For the operation of the Bristol sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $26,711,207 26,577,651
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-8310.. For the Bristol sheriff’s department, which may expend for the operation of the department an amount not to exceed $6,500,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $6,500,000
Dukes Sheriff’s Department.
Governor reduced the following item by $12,582 and disapproved wording as indictated for message see H4840
8910-8400.. For the operation of the Dukes sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ......................... $2,516,407 2,503,825
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
Nantucket Sheriff’s Department.
Governor reduced the following item by $3,835 and disapproved wording as indictated for message see H4840
8910-8500.. For the operation of the Nantucket sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................... $766,940 763,105
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
Norfolk Sheriff’s Department.
Governor reduced the following item by $113,982 and disapproved wording as indictated for message see H4840
8910-8600.. For the operation of the Norfolk sheriff’s department provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $22,796,453 22,682,471
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-8610.. For the Norfolk sheriff’s department, which may expend for the operation of the department an amount not to exceed $2,500,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $2,500,000
Plymouth Sheriff’s Department.
Governor reduced the following item by $118,396 and disapproved wording as indictated for message see H4840
8910-8700.. For the operation of the Plymouth sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $23,679,154 23,560,758
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-8710.. For the Plymouth sheriff’s department, which may expend for the operation of the department an amount not to exceed $16,000,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system... $16,000,000
Suffolk Sheriff’s Department.
Governor reduced the following item by $424,781 and disapproved wording as indictated for message see H4840
8910-8800.. For the operation of the Suffolk sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 2, 2010 ........................ $84,956,188 84,531,407
General Fund.............................................................................. 99.500%
FMAP Budget Relief Fund......................................................... 0.500%
8910-8810.. For the Suffolk sheriff’s department, which may expend for the operation of the department an amount not to exceed $8,000,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $8,000,000
Merit Rating Board.
8400-0100.. For the operation of the motor vehicle insurance merit rating board, including the rent, related parking and utility expenses of the board; provided, that the amount appropriated in this item, and the associated fringe benefits, shall be borne by insurance companies doing motor vehicle insurance business within the commonwealth, under section 183 of chapter 6 of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal motor vehicle traffic violations as described in chapter 90C of the General Laws ....................................................... $7,606,503
Executive office of Elder Affairs.
9110-0100.. For the operation of the executive office of elder affairs and regulation of assisted living facilities; provided, that the executive office of elder affairs shall report annually to the house and senate committees on ways and means the number of assisted living units certified and the total revenues generated from application and certification fees for such units...................... $1,994,374
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 funds shall be expended for the operation of the pharmacy outreach program established in section 4C of chapter 19A of the General Laws; provided further, that notwithstanding any general or special law to the contrary, unless otherwise prohibited by state or federal law, prescription drug coverage or benefits payable by the executive office of elder affairs and the entities with which it has contracted for administration of the subsidized catastrophic drug insurance program pursuant to said section 39 of chapter 19A, shall be the payer of last resort for this program for eligible persons with regard to any other third-party prescription coverage or benefits available to such eligible persons; provided further, that the executive office shall notify the house and senate committees on ways and means not less than 90 days in advance of any action to limit or cap the number of enrollees in the program; provided further, that this program shall be subject to appropriation and, in fiscal year 2011, expenditures shall not be more than the amount authorized in this item; provided further, that no action shall be taken to expand the benefits of the program, extend benefits to additional populations or reduce cost sharing in the program without approval of the general court; provided further, that the executive office shall submit drafts of legislation required to implement such actions for review and analysis by the general court; provided further, that any cost savings to this item realized pursuant to the Patient Protection and Affordability Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, shall be used to expand coverage and benefits available under this program upon the prior written approval of the secretary of administration and finance; provided further, that notification shall be given to the house and senate committees on ways and means at least 30 days prior to any coverage or benefits expansions; provided further, that the executive office shall seek to obtain maximum federal funding for discounts on prescription drugs available to the executive office and to prescription advantage enrollees; provided further, that the executive office shall take steps for the coordination of benefits with the Medicare prescription drug benefit created pursuant to the federal Medicare Prescription Drug Improvement and Modernization Act of 2003 to ensure that Massachusetts residents take advantage of this benefit; provided further, that the executive office shall provide assistance for prescription drug costs to enrollees who qualify for Medicare Part D as well as assistance for premiums, deductibles, payments, and co-payments required by the Part D or Medicare Advantage plans, or by other plans which provide creditable prescription drug coverage as defined by section 104 of the Medicare Modernization Act, and which provide coverage of the cost of prescription drugs actuarially equal to or better than that provided by Medicare Part D; provided further, that a person shall also be eligible to enroll in the program at any time within a year after reaching age 65; and provided further, that the executive office shall allow those who meet the program eligibility criteria to enroll in the program at any time during the year $31,542,765
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 need services above the level customarily provided under the program to remain safely at home, including elders previously enrolled in the managed care in housing, enhanced community options, and chronic care enhanced services programs; provided, that the secretary shall seek to obtain federal financial participation for all services provided to seniors who qualify for Medicaid benefits under the section 1915C waiver; provided further, that the executive office shall collect income data on persons receiving services provided in this item; provided further, that the executive office shall submit a report to the house and senate committees on ways and means detailing the population served by this item delineated by both 2010 federal poverty income levels and 2010 social security income standards; provided further, that the report shall be submitted not later than February 1, 2011; and provided further, that the executive office shall submit a report not later than October 15, 2010, to the house and senate committees on ways and means which shall include the number of individuals on a waiting list for these services on October 1, 2010, compared to the number of individuals on a waiting list on July 1, 2010......... $45,789,340
Governor reduced the following item by $108,400 and disapproved wording as indictated for message see H4840
9110-1604.. For the operation of the supportive senior housing program at state or federally-assisted housing sites; provided, that funds shall be expended to fully fund existing sites........................... $4,123,202 4,014,802
General Fund.............................................................................. 97.371%
FMAP Budget Relief Fund......................................................... 2.629%
Governor reduced the following item by $7,940,535 and disapproved wording as indictated for message see H4840
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 sliding-scale fees shall be charged to qualified elders; provided further, that the secretary of elder affairs may waive collection of sliding-scale fees in cases of extreme financial hardship; provided further, that not more than $11,500,000 in revenues accrued from sliding-scale fees shall be retained by the individual home care corporations without re-allocation by the executive office of elder affairs, and shall be expended for the purposes of the home care program, consistent with guidelines to be issued by the executive office; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means on the receipt and expenditure of revenues accrued from the sliding-scale fees; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means and the executive office for administration and finance on the amount expended from this item for purchase of service expenditures by category of service as set forth in 651 C.M.R. 3.01 and 651 C.M.R. 3.06; provided further, that no rate increase shall be awarded in fiscal year 2011 which would cause a reduction in client services or the number of clients served; provided further, that no funds shall be expended from this item to pay for salary increases for direct service workers who provide state-funded homemaker and home health aid services which would cause a reduction in client services; and provided further, that the secretary of elder affairs may transfer an amount not to exceed 3 per cent of the funds appropriated in this item to item 9110-1633 for case management services and the administration of the home care program...... $103,251,165 95,310,630
General Fund.............................................................................. 92.309%
FMAP Budget Relief Fund......................................................... 7.691%
Governor reduced the following item by $2,853,100 and disapproved wording as indictated for message see H4840
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 ....................................... $37,164,927 34,311,827
General Fund.............................................................................. 92.323%
FMAP Budget Relief Fund......................................................... 7.677%
Governor reduced the following item by $1,483,222 and disapproved wording as indictated for message see H4840
9110-1636.. For the elder protective services program, including, but not limited to, protective services case management, guardianship services, the statewide elder abuse hotline, money management services, and the elder-at-risk program................................. $16,733,776 15,250,554
General Fund.............................................................................. 91.136%
FMAP Budget Relief Fund......................................................... 8.864%
Governor reduced the following item by $70,299 and disapproved wording as indictated for message see H4840
9110-1660.. For congregate and shared housing services and naturally occurring retirement communities for the elderly................. $1,573,916 1,503,617
General Fund.............................................................................. 95.534%
FMAP Budget Relief Fund......................................................... 4.466%
Governor disapproved the following item for message see H4840
9110-1700.. For residential assessment and placement programs for homeless elders ......................................................... $136,000
FMAP Budget Relief Fund..................................................... 100.000%
Governor reduced the following item by $46,321 and disapproved wording as indictated for message see H4840
9110-1900.. For the elder nutrition program ....................... $6,321,649 6,275,328
General Fund.............................................................................. 99.267%
FMAP Budget Relief Fund......................................................... 0.733%
Governor reduced the following item by $360,741 and disapproved wording as indictated for message see H4840
9110-9002.. 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 of elder affairs; provided further, that funding shall be expended for provider training and outreach for LGBT elders and caregivers; and provided further, that such distribution schedules shall be submitted to the house and senate committees on ways and means....................................................... $8,265,068 7,904,327
General Fund.............................................................................. 95.635%
FMAP Budget Relief Fund......................................................... 4.365%
LEGISLATURE.
Senate.
Governor reduced the following item by $832,889 and disapproved wording as indictated for message see H4840
9500-0000.. For the operation of the senate....................... $17,067,606 16,234,707
General Fund.............................................................................. 97.070%
FMAP Budget Relief Fund......................................................... 2.930%
Governor disapproved the following item for message see H4840
9510-0000.. For expenses incurred by the senate related to the joint committee on redistricting, prior appropriation continued............. $750,000
General Fund.............................................................................. 66.667%
FMAP Budget Relief Fund....................................................... 33.333%
House of Representatives.
Governor reduced the following item by $1,478,294 and disapproved wording as indictated for message see H4840
9600-0000.. For the operation of the house of representatives..... $30,292,914 28,814,620
General Fund.............................................................................. 98.349%
FMAP Budget Relief Fund......................................................... 1.651%
Governor disapproved the following item for message see H4840
9610-0000.. For expenses incurred by the house of representatives related to the joint committee on redistricting, prior appropriation continued ...$750,000
General Fund.............................................................................. 66.667%
FMAP Budget Relief Fund....................................................... 33.333%
Joint Legislative Expenses.
Governor reduced the following item by $500,000 and disapproved wording as indictated for message see H4840
9700-0000.. For the joint operations of the legislature............ $6,333,424 5,833,424
General Fund.............................................................................. 92.105%
FMAP Budget Relief Fund......................................................... 7.895%
SECTION 2B Notwithstanding any general or special law to the contrary, the agencies listed in this section may expend the amounts listed in this section for the provision of services to agencies listed in section 2. All expenditures made under this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws. All revenues and other inflows shall be based on rates published by the seller agency that are developed in accordance with cost principles established by the United States Office of Management and Budget Circular A-87, “Cost Principles for State, Local and Indian Tribal Governments.” All rates shall be published within 30 days of the enactment of this section. No expenditures shall be made from the Intragovernmental Service Fund which would cause that fund to be in deficit at the close of fiscal year 2011. All authorizations in this section shall be charged to the Intragovernmental Service Fund and shall not be subject to section 5D of chapter 29 of the General Laws. Any balance remaining in that fund at the close of fiscal year 2011 shall be transferred to the General Fund.
Judiciary.
0321-2215.. For the cost of providing access to the Suffolk social law library and its services ............................................ $506,704
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 the funds received for the costs of the obsolete record destruction; and provided further, that the fees shall be charged on an equitable basis ......................................................... $100,000
OFFICE OF THE STATE COMPTROLLER.
1000-0005.. For the cost of the single state audit for the fiscal year ending June 30, 2010; provided, that the comptroller may charge other appropriations and federal grants for the cost of the audit ............ $750,000
1000-0008.. For the costs of operating and managing the MMARS and New MMARS accounting system for fiscal year 2011 ................ $2,679,189
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.
Office of the Secretary.
1100-1701.. For the cost of information technology services provided to agencies of the executive office of administration and finance ... $20,771,507
DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE.
1102-3224.. For the costs for the Leverett Saltonstall building lease and occupancy payments; provided, that the division of capital asset management and maintenance shall submit to the house and senate committees on ways and means on or before the first of each month beginning July 1, 2010 a monthly report on the agencies that currently, or will during fiscal year 2011 occupy space in the Saltonstall building, their rental costs, utility costs, parking space allocation, floor space, lease dates, all services included in the lease and all services that the agencies are obligated to fund beyond the lease payments; and provided further, that the report shall include both estimated payments and prior expenditures ...................................................... $11,217,734
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....................................................... $3,133,900
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 items amounts equivalent to the amounts of any prior year deficiency, subject to the conditions stated in this item; provided further, that the comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains or, if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains; provided further, that no chargeback shall be made which would cause a deficiency in any current fiscal year item; provided further, that the comptroller shall report with such schedule a detailed reason for the prior year deficiency on all chargebacks assessed that exceed $1,000 including the amount of the chargeback, the item and object class charged; and provided further, that the comptroller shall report on a quarterly basis on all chargebacks assessed, including the amount of the chargeback, the item, object class charged and the reason for the prior year deficiency......................... $10,000,000
1599-3100.. For the cost of the commonwealth’s employer contributions to the Unemployment Compensation Fund and the Medical Security Trust Fund; provided, that the secretary of administration and finance shall authorize the collection, accounting and payment of such contributions; and provided further, that in executing these responsibilities the comptroller may charge, in addition to individual appropriation accounts, certain non-appropriated funds in amounts that are computed on the same basis as the commonwealth’s contributions are determined, including expenses, interest expense or related charges $34,000,000
Division of Human Resources.
1750-0101.. 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.................................................. $400,000
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 2011 to the house and senate committees on ways and means no later than March 2, 2011; provided further, that in accordance with chapter 177 of the acts of 2001, the secretary of administration and finance shall charge state agencies in fiscal year 2011 as provided in this item for workers‘ compensation costs, including related administrative expenses incurred on behalf of the employees of the agencies; provided further, that administrative expenses shall be allocated; provided further, that the personnel administrator shall administer the charges on behalf of the secretary, and may establish such rules and procedures as deemed necessary to implement this item; provided further, that the personnel administrator shall: (1) notify agencies regarding the chargeback methodology to be used in fiscal year 2011; (2) notify agencies of the amount of their estimated workers compensation charges for the fiscal year; and (3) require agencies to encumber funds in an amount sufficient to meet the estimated charges; provided further, that the estimated charges for each agency in the fiscal year shall be not less than the amount of the actual workers‘ compensation costs, including related administrative expenses, incurred by each such agency in fiscal year 2010, and may include such additional amounts as the human resources division finds necessary under regulations adopted under this item; provided further, that the division may adopt a program of incentives for agencies to reduce 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 2010 shall be transferred to the General Fund; provided further, that any unspent balance at the close of fiscal year 2010 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and is hereby re-authorized for expenditures for such item in fiscal year 2011; provided further, that the personnel administrator may expend in fiscal year 2011 for hospital, physician, benefit, and other costs related to workers‘ compensation for employees of state agencies, including administrative expenses; and provided further, that such expenditures may include payments for medical services provided to claimants in prior fiscal years, as well as compensation benefits and associated costs for prior fiscal years ......................................... $57,040,378
1750-0106.. For the workers‘ compensation litigation unit, including the costs of personnel ............................................... $639,023
1750-0600.. For the cost of core human resources administrative processing functions ....................................................... $2,500,000
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 2011; provided further, that the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing the total charges, payments and services provided for the preceding quarter from each department charged to this item; provided further, that the reports shall include, but not be limited to, a delineation of the rates charged to each department as approved by the secretary for administration and finance for each service performed by the division; provided further, that the secretary for administration and finance shall establish regulations, procedures and a schedule of fees including, but not limited to, the development and distribution of forms and instructions, including the costs of personnel; and provided further, that any unspent balance at the close of fiscal year 2011 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for the item in fiscal year 2012 ...................................................... $63,000,000
1790-0400.. 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 $2,349,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.
2000-1701.. For the cost of information technology services provided to agencies of the executive office of energy and environment......... $4,502,616
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.
4000-0102.. For the cost of transportation services for health and human services clients and the operation of the health and human services transportation office.................................. $7,282,744
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 as core administrative functions in order to improve administrative efficiency and preserve fiscal resources; provided further, that common functions that may be designated core administrative functions include human resources, financial management and leasing and facility management; provided further, that all employees performing functions so designated may be employed by the executive office, and the executive office shall charge the agencies, departments, offices, divisions and commissions for such services; provided further, that upon the designation of a function as a core administrative function, the employees of each agency, department, office or commission who perform such core administrative functions may be transferred to the executive office of health and human services; provided further, that the reorganization shall not impair the civil service status of any such transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws; and provided further, that nothing in this item shall impair or change an employee’s status, rights, or benefits under chapter 150E of the General Laws.......................................... $18,600,977
4000-1701.. For the cost of information technology services provided to agencies of the executive office of health and human services..... $31,152,563
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, 2010; provided further, that SOPS shall continue to be the sole provider of pharmacy services for the following agencies currently under SOPS: the department of public health, the department of mental health, the department of developmental services, the department of correction, the department of youth services, the sheriff's departments of Bristol, Essex, Franklin, Hampden, Hampshire, and Plymouth, and the Soldiers‘ Homes in Holyoke and Chelsea; 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, Berkshire, Suffolk, Norfolk, Barnstable and Dukes; provided further, that SOPS shall be the sole provider of pharmacy services for all said agencies and all costs for pharmacy services shall be charged by this item; provided further, that said agencies shall not charge or contract with any other alternative vendor for pharmacy services other than SOPS; 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, Berkshire, Suffolk, Norfolk, Barnstable and Dukes; provided further, that SOPS shall validate previously-submitted pharmacy expenditures including HIV Drug Assistance Program drug reimbursements during fiscal year 2011; provided further, that SOPS shall continue to work to reduce medication costs, provide standardized policies and procedures in a clinically responsible manner, provide comprehensive data analysis and improve the quality of clinical services; provided further, that SOPS shall report to the house and senate committees on ways and means not later than April 15, 2011 detailing the projected savings realized by each transitioning agency in comparison to their pharmacy costs in fiscal year 2010 and their projected savings for fiscal year 2012; and provided further, that the report shall also provide recommendations for the inclusion of other entities that may realize cost savings by joining SOPS $47,865,393
4590-0901.. 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 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 8910-0102, 8910-0105, 8910-0107, 8910-0108, 8910-0110, 8910-0145, 8910-0619, 8910-8200, 8910-8300, 8910-8400, 8910-8500, 8910-8600, 8910-8700 and 8910-8800 of section 2 pursuant to the provisions thereof; provided further, that expenditures from this item shall be for hospital-related costs including, but not limited to, capital repair and the maintenance and motor vehicle replacement; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate thereof as reported in the state accounting system $3,800,000
Department of Developmental Services.
5948-0012.. 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 $6,500,000
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT.
Office of the Secretary.
7002-0018.. For the cost of information technology services provided to agencies of the executive office of housing and economic development $3,649,696
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.
Office of the Secretary.
7002-0171.. For the cost of information technology services provided to agencies of the executive office of labor and workforce development $17,708,505
EXECUTIVE OFFICE OF EDUCATION.
Office of the Secretary.
7009-1701.. For the cost of information technology services provided to agencies of the executive office of education...................... $1,837,477
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY.
8000-1701.. For the cost of information technology services provided to agencies of the executive office of public safety and security.... $11,454,657
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 $33,000,000
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 $300,000
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
SECTION 2D.
SECTION 2D. The amounts set forth in this section are hereby appropriated from the General Federal Grants Fund. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with section 6B of chapter 29 of the General Laws. The amount of any unexpended balance of federal grant funds received prior to June 30, 2010, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year 2011, in addition to any amount appropriated in this section.
JUDICIARY
0320-1700.. For the purposes of a federally funded grant entitled, State Court Improvement Program Basic Grant.......................... $436,615
0320-1701.. For the purpose of a federally funded grant entitled, CIP Data Sharing Grant.................................................... $295,130
0320-1703.. For the purpose of a federally funded grant entitled, CIP Training Grant......................................................... $392,682
DISTRICT ATTORNEYS.
Plymouth District Attorney.
0340-0806.. For the purposes of a federally funded grant entitled, Weed and Seed Campello................................................. $142,000
0340-0816.. For the purposes of a federally funded grant entitled, Drug Free Communities............................................... $65,804
0340-0821.. For the purposes of a federally funded grant entitled, Brockton’s Promise- Youth Mentoring................................. $107,995
0340-0823.. For the purposes of a federally funded grant entitled, Child Sexual Predator Program.......................................... $65,804
0340-0825.. For the purposes of a federally funded grant entitled, ARRA-Justice Assistance Grant Local Solicitation...................... $263,000
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......................... $908,000
ATTORNEY GENERAL.
0810-0026.. For the purposes of a federally funded grant entitled, Crime Victim Compensation........................................... $1,000,000
0840-0110.. For the purposes of a federally funded grant entitled,Victims of Crimes Assistance Program .................................... $6,620,936
Victim and Witness Assistance Board.
0840-0109.. For the purposes of a federally funded grant entitled, Victim of Crimes Assistance Program – ARRA ............................... $310,000
0840-0110.. For the purposes of a federally funded grant entitled, Victims of Crime Assistance Programs ................................... $7,593,010
0840-4611.. For the purposes of a federally funded grant entitled, Byrne Federal Grant ................................................... $307,500
0840-4620.. For the purposes of a federally funded grant entitled, VAWA Federal Grant ................................................... $274,050
Massachusetts Office on Disability.
1107-2450.. For the purposes of a federally funded grant entitled, Client Assistance Program.................................................. $239,000
Department of Revenue.
1201-0109.. For the purposes of a federally funded grant entitled, Access and Visitation - Parent Education Program.................... $222,169
1201-0126.. For the purposes of a federally funded grant entitled, Family Centered Services for Unwed Parents in the IVD Caseload........... $149,511
1201-0127.. For the purposes of a federally funded grant entitled, Health Care-Medical Support in Child Support Enforcement ............. $38,060
1201-0128.. For the purposes of a federally funded grant entitled, CSE Modification Grant.................................................... $100,000
1201-0412.. For the purposes of federally funded grants entitled, Child Support Enforcement Grants, Child Support IVD Companion account to CSE Demonstration Grants..................................... $660,788
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 ............................ $2,419,883
2000-0179.. For the purposes of a federally funded grant entitled, Eel River Restoration ............................................ $100,000
2000-0186.. For the purposes of a federally funded grant entitled, Aquatic Nuisance Species Management Plan ................................... 68,210
2000-0248.. For the purposes of a federally funded grant entitled, National Estuary Program - Operation ..................................... $664,275
2000-0550.. For the purposes of a federally funded grant entitled, Pollution Prevention ............................................... $40,000
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 .......... $2,430,217
2000-9735.. For the purposes of a federally funded grant entitled, Buzzards Bay Estuary Program ......................................... $589,382
2030-0013.. For the purposes of a federally funded grant entitled, Fisheries Enforcement ............................................. $910,230
2030-9701.. For the purposes of a federally funded grant entitled, Safe Boating Program................................................ $1,795,732
Department of Public Utilities.
7006-9002.. For the purposes of a federally funded grant entitled, Pipeline Security......................................................... $646,000
Department of Environmental Protection.
2200-9706.. For the purposes of a federally funded grant entitled, Water Quality Management Planning...................................... $215,047
2200-9712.. For the purposes of a federally funded grant entitled, Cooperative Agreement-Leaking Underground Storage Tanks............ $1,234,281
2200-9717.. For the purposes of a federally funded grant entitled, D.O.D. Environment Restoration Program for Department of Defense $1,329,165
2200-9724.. For the purposes of a federally funded grant entitled, Superfund Block Grant.................................................... $875,942
2200-9728.. For the purposes of a federally funded grant entitled, Brownfields Assessment Program - Multi-Site Cooperative Agreement. .. $232,238
2200-9731.. For the purposes of a federally funded grant entitled, Brownfield Response............................................... $1,496,457
2200-9732.. For the purposes of a federally funded grant entitled, Brownfield Support Team – Statewide................................. $333,598
2230-9702.. For the purposes of a federally funded grant entitled, Air, Water and Hazardous Waste Management Regulatory Programs........ $16,335,826
2230-9711.. For the purposes of a federally funded grant entitled, Environmental Information Exchange Network.............................. $69,992
2230-9712.. For the purposes of a federally funded grant entitled, FY09 Exchange Network – NPDES.......................................... $224,990
2230-9713.. For the purposes of a federally funded grant entitled, Exchange Network......................................................... $157,000
2240-9762.. For the purposes of a federally funded grant entitled, Reimbursement to Operators to Small Water Systems for Training and Certification $107,994
2240-9764.. For the purposes of a federally funded grant entitled, Special Appropriation Set-Aside Administration.................... $83,844
2240-9773.. For the purposes of a federally funded grant entitled, Technical Assistance and Training for Drinking Water................ $57,506
2250-9712.. For the purposes of a federally funded grant entitled, Clean Air Act-Fine Particulate Matter Air Monitoring................... $425,357
2250-9716.. For the purposes of a federally funded grant entitled, Ambient Air Toxics Pilot Project. ................................... $140,626
2250-9726.. For the purposes of a federally funded grant entitled, Homeland Security Co-op Agreement.......................................... $657,106
2250-9732.. For the purposes of a federally funded grant entitled, Underground Storage.................................................. $570,254
2290-3000.. For the purposes of a federally funded grant entitled, State Clean Diesel Grant Program..................................... $400,860
2290-3001.. For the purposes of a federally funded grant entitled, Natural Diesel – State Fleet Retrofit..................................... $126,000
2290-4000.. For the purposes of a federally funded grant entitled, ARRA LUST Trust Fund Program........................................... $1,162,587
2290-5000.. For the purposes of a federally funded grant entitled, MA Water Quality Management Plan.......................................... $304,441
Department of Fish and Game.
2300-0114.. For the purposes of a federally funded grant entitled, USFWS Partnership Program.................................................. $100,000
2300-0115.. For the purposes of a federally funded grant entitled, US Fish and Wildlife Service Eastern Brook Trout Joint Venture........ $15,000
2300-0116.. For the purposes of a federally funded grant entitled, Riverways - Natural Resource Conservation Services Wildlife Habitat Incentive Program.................................................. $149,382
2300-0117.. For the purposes of a federally funded grant entitled, USFWS – Coastal Program................................................... $10,000
2300-0179.. For the purposes of a federally funded grant entitled, National Coastal Wetland Conservation..................................... $450,000
2310-0115.. For the purposes of a federally funded grant entitled, Land Owner Incentive Program – Tier I................................ $65,000
2310-0116.. For the purposes of a federally funded grant entitled, Land Owner Incentive Program – Tier II.............................. $200,000
2310-0117.. For the purposes of a federally funded grant entitled, Chronic Wasting Disease................................................... $60,000
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..................................... $150,000
2330-9713.. For the purposes of a federally funded grant entitled, Right Whale Conservation............................................. $420,000
2330-9714.. For the purposes of a federally funded grant entitled, Commercial Fisheries Extension........................................ $4,000
2330-9715.. For the purposes of a federally funded grant entitled, Commercial Fisheries Exension ........................................ $4,000
2330-9721.. For the purposes of a federally funded grant entitled, Anadromous Fisheries Management ..................................... $41,000
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 ............................ $240,000
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
2330-9738.. For the purposes of a federally funded grant entitled, Red Tide Economic Relief .................................................. $800,000
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 ......................................... $145,000
2330-9742.. For the purposes of a federally funded grant entitled, Age and Growth Segment One ............................................. $250,000
Department of Agricultural Resources.
2511-0310.. For the purposes of a federally funded grant entitled, Pesticide Enforcement ............................................. $337,500
2511-0400.. For the purposes of a federally funded grant entitled, Cooperative Pest Survey Program .......................................... $112,300
2511-0401.. For the purposes of a federally funded grant entitled, Cooperative Pesticide Recordkeeping Program .......................... $20,000
2511-0972.. For the purposes of a federally funded grant entitled, Farmland Protection ............................................ $4,571,076
2511-1025.. For the purposes of a federally funded grant entitled, Country of Origin Labeling ................................................ $101,000
2515-1002.. For the purposes of a federally funded grant entitled, Animal Disease Surveillance Homeland Security ........................... $52,659
2515-1004.. For the purposes of a federally funded grant entitled, Scrapie Disease Surveillance and Flock Certification ...................... $5,461
2515-1006.. For the purposes of a federally funded grant entitled, National Animal Identification System .................................... $14,359
2515-1008.. For the purposes of a federally funded grant entitled, Highly Pathogenic Avian Influenza .......................................... $98,000
2516-9002.. For the purposes of a federally funded grant entitled, Development of Institutional Marketing ................................. $716,072
2516-9003.. For the purposes of a federally funded grant entitled, Farmer‘s Market Coupon Program .......................................... $474,000
2516-9004.. For the purposes of a federally funded grant entitled, Senior Farmers Market Nutrition Program ................................ $581,000
2516-9007.. For the purposes of a federally funded grant entitled, Organic Certification Cost-Share Program ......................... $60,000
Department of Conservation and Recreation.
2800-9707.. For the purposes of a federally funded grant entitled, National Flood Insurance Program ....................................... $184,000
2800-9709.. For the purposes of a federally funded grant entitled, Map Modernization ......................................................... $110,000
2800-9726.. For the purposes of a federally funded grant entitled, FEMA National Dam Safety Program ........................................... $75,293
2800-9729.. For the purposes of a federally funded grant entitled, US Dept of Education Rehabilitation Grand .......................... $145,306
2820-9702.. For the purposes of a federally funded grant entitled, Rural Community Fire Protection .......................................... $70,000
2820-9704.. For the purposes of a federally funded grant entitled, NRCS Wildlife Habitat Incentives Program ................................ $7,320
2820-9705.. For the purposes of a federally funded grant entitled, Animal and Plant Health Inspections..................................... $6,010,000
2821-9705.. For the purposes of a federally funded grant entitled, Urban and Community Forestry Program .............................. $285,223
2821-9709.. For the purposes of a federally funded grant entitled, Forestry Stewardship, Forest Legacy and Conservation Education . $4,605,575
2821-9711.. For the purposes of a federally funded grant entitled, Rural Fire Prevention and Control .................................. $226,964
2821-9713.. For the purposes of a federally funded grant entitled, Wildland Urban Interface Fuels Management .............................. $192,962
2821-9726.. For the purposes of a federally funded grant entitled, Forest Health Management - US Forest Service ........................... $76,147
2821-9800.. For the purposes of a federally funded grant entitled, ARAA – USFS Native Species Ecological Restoration ................... $292,500
2821-9801.. For the purposes of a federally funded grant entitled, ARRA – USFS Southeast Mass Fuel Mitigation .......................... $914,431
2821-9802.. For the purposes of a federally funded grant entitled, USFS ALB Area Watershed Flood Control Reservoir Maintenance Funds ... $2,191,024
2830-9705.. For the purposes of a federally funded grant entitled, SUASCO Watershed Flood Control Reservoir ................................... $3,507
2840-9709.. For the purposes of a federally funded grant entitled, Waquoit Bay National Estuarine Research Reserve Consolidated Funding $523,887
2840-9715.. For the purposes of a federally funded grant entitled, NOAA CECLP Grant ....................................................... $1,986,750
2850-9701.. For the purposes of a federally funded grant entitled, Recreational Trails Program .......................................... $850,000
2850-9702.. For the purposes of a federally funded grant entitled, Mount Greylock TCSP .................................................... $642,587
Department of Energy Resources.
7006-9237.. For the purposes of a federally funded grant entitled, Rebuild Mass – Energy Smart Communities ................................. $41,281
7006-9243.. For the purposes of a federally funded grant entitled, BIOMASS – Sustainable Forest ...................................... $284,391
7006-9301.. For the purposes of a federally funded grant entitled, How Cost-Effective Energy Efficiency .............................. $39,168
7006-9302.. For the purposes of a federally funded grant entitled, State Industrial Assessment Projects....................................... $49,572
7006-9303.. For the purposes of a federally funded grant entitled, SEP Advance Energy Codes............................................. $464,689
7006-9800.. For the purposes of a federally funded grant entitled, Energy Ramp Up....................................................... $8,904,723
7006-9801.. For the purposes of a federally funded grant entitled, Energy Assistance Planning................................................. $292,707
7006-9802.. For the purposes of a federally funded grant entitled, State Energy Rebate Program........................................... $623,500
7006-9803.. For the purposes of a federally funded grant entitled, Energy Efficiency and Conservation Block Grant Program................... $1,500,000
7066-9800.. For the purposes of a federally funded grant entitled, ARRA - Energy Ramp-Up ............................................... $8,904,723
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.
4000-0122.. For the purposes of a federally funded grant entitled, USDA – Direct Certification and Verification for School Lunch Eligibility $583,200
4000-0544.. For the purposes of a federally funded grant entitled, CHIPRA Quality Demonstration Grant.................................... $1,496,542
4000-7560.. For the purposes of a federally funded grant entitled, Medicaid ER Diversion Grant. ........................................ $103,445
4000-7570.. For the purposes of a federally funded grant entitled, Medicaid Transformation Grant...................................... $67,937
4000-9058.. For the purposes of a federally funded grant entitled, My Child....................................................... $1,365,589
4000-9401.. For the purposes of a federally funded grant entitled, Community Mental Health Services........................................ $8,058,984
Office for Refugees and Immigrants.
4003-0801.. For the purposes of a federally funded grant entitled, Achieving Self-Sufficiency in a Short Time (ASSIST) .................... $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 ........................................ $836,407
4003-0805.. For the purposes of a federally funded grant entitled, refugee Resettlement Program .................................. $1,430,488
4003-0806.. For the purposes of a federally funded grant entitled, Refugee Cash, Medical, and Administration ........................... $9,632,403
4003-0810.. For the purposes of a federally funded grant entitled, Refugee Agriculture Partnership Program (RAPP) ................... $93,518
4003-0811.. For the purposes of a federally funded grant entitled, Refugee Entreprenurial Grant..................................... $250,000
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 .................... $150,000
4110-3021.. For the purposes of a federally funded grant entitled, Basic Support Grant ................................................. $8,171,900
4110-3023.. For the purposes of a federally funded grant entitled, Independent Living - Adaptive Housing ................................ $65,550
4110-3026.. For the purposes of a federally funded grant entitled, Independent Living - Services to Older Blind Americans .............. $774,609
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............................................... $128,100
Massachusetts Rehabilitation Commission.
4120-0020.. For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that no funds shall be deducted for pensions, group health and life insurance or any other such indirect cost of federally reimbursed state employees ................. $40,119,565
4120-0021.. For the purposes of a federally funded grant entitled, Basic Vocational Rehabilitation Support ................................ $2,998,320
4120-0040.. For the purposes of a federally funded grant entitled, Vocational Rehabilitation and Comprehensive Systems of personnel development Training ............................................... $110,200
4120-0187.. For the purposes of a federally funded grant entitled, Supported Employment Program....................................... $516,463
4120-0191.. For the purposes of a federally funded grant entitled, Informed Members Planning and Assessing Choices Together (IMPACT) ........ $165,637
4120-0511.. For the purposes of a federally funded grant entitled, Disability Services - Determination . .......................... $42,095,044
4120-0603.. For the purposes of a federally funded grant entitled, Innovation Strategies for Transition Youth with Disabilities........ $350,000
4120-0608.. For the purposes of a federally funded grant entitled, TBI Implementation Grant..................................... $250,000
4120-0760.. For the purposes of a federally funded grant entitled, Independent Living................................................. $1,750,000
4120-0761.. For the purposes of a federally funded grant entitled, Centers for Independent Living Recovery Act FY11 Spending and State Independent Living Services, Recovery Act FY11 Spending............ $1,200,000
4120-0768.. For the purposes of a federally funded grant entitled, Assistive Technology Act........................................... $500,938
Department of Veterans’ Services.
1410-0054.. For the purposes of a federally funded grant entitled, Non-Urban Homeless Veterans Reintegration.......................... $200,000
1410-0055.. For the purposes of a federally funded grant entitled, Urban Homeless Veterans Reintegration................................... $300,000
1410-0056.. For the purposes of a federally funded grant entitled, Veterans’ Workforce Investment Program............................. $500,000
Department of Transitional Assistance.
4400-1999.. For the purposes of a federally funded grant entitled, ARRA Supplemental Nutrition Assistance Program ............................ $400,000
4400-3067.. For the purposes of a federally funded grant entitled, Food Stamp Employment and Training................................ $2,100,000
4400-3068.. For the purposes of a federally funded grant entitled, Reaching Underserved Elderly and Working Poor in SNAP............. $350,000
4400-3069.. For the purposes of a federally funded grant entitled, Full Employment Food Stamp Cash-Out....................................... $15,000
4400-1998 For the purposes of a federally funded grant entitled, DoD Supplemental Nutrition Assistance Program $9,126,837
Department of Public Health.
4500-1000.. For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant................................... $2,749,602
4500-1050.. For the purposes of a federally funded grant entitled, Rape Prevention and Education............................................ $842,169
4500-1051.. For the purposes of a federally funded grant entitled, Sexual Assault Services Program......................................... $141,192
4500-1059.. For the purposes of a federally funded grant entitled, Health Equity......................................................... $238,000
4500-1060.. For the purposes of a federally funded grant entitled, Rape Prevention Program Planning and Evaluation Capacity Building........ $100,000
4500-1065.. For the purposes of a federally funded grant entitled, State Partnership to Improve Minority Health............................... $147,876
4500-2000.. For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant..................... $11,758,404
4502-1012.. For the purposes of a federally funded grant entitled, Cooperative Health Statistics System................................. $531,239
4510-0109.. For the purposes of a federally funded grant entitled, State Loan Repayment Project........................................ $250,000
4510-0111.. For the purposes of a federally funded grant entitled, State Loan Repayment Program........................................ $100,000
4510-0113.. For the purposes of a federally funded grant entitled, Office of Rural Health. ................................................. $171,236
4510-0115.. For the purposes of a federally funded grant entitled, State Primary Care Offices.............................................. $42,470
4510-0118.. For the purposes of a federally funded grant entitled, Primary Care Cooperative Agreement.................................... $110,923
4510-0119.. For the purposes of a federally funded grant entitled, Rural Hospital Flexibility Program...................................... $303,900
4510-0219.. For the purposes of a federally funded grant entitled, Small Rural Hospital Improvement Program.............................. $81,000
4510-0221.. For the purposes of a federally funded grant entitled, Targeted Oral Health Services.......................................... $160,000
4510-0222.. For the purposes of a federally funded grant entitled, Massachusetts Oral Health Workforce in New Sites II.................... $398,775
4510-0400.. For the purposes of a federally funded grant entitled, Medicare and Medicaid Survey and Certification...................... $9,282,552
4510-0404.. For the purposes of a federally funded grant entitled, Bioterrorism Hospital Preparedness. ................................ $8,301,006
4510-0405.. For the purposes of a federally funded grant entitled, Pandemic Flu Healthcare Preparation Improvement......................... $7,500
4510-0407.. For the purpose of a federally funded grant entitled, Healthcare Acquired Infections....................................... $39,431
4510-0500.. For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement................................... $295,153
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...................................... $317,833
4510-0626.. For the purposes of a federally funded grant entitled, Statewide Surveillance of Health Concerns and Toxic Algae Blooms... $150,000
4510-0630.. For the purposes of a federally funded grant entitled, Enabling Electronic Prescribing and Enhancement................... $230,150
4510-0636.. For the purposes of a federally funded grant entitled, Childhood Lead Paint Poisoning Prevention............................. $1,100,320
4510-0638.. For the purposes of a federally funded grant entitled, Edward Byrne Memorial State and Local Law Enforcement Assistance....... $60,236
4510-0639.. For the purposes of a federally funded grant entitled, Food Protection Rapid Response Team...................................... $497,617
4510-0641.. For the purpose of a federally funded grant entitled, Harold Rogers Drug Monitoring Program....................................... $252,600
4510-9014.. For the purposes of a federally funded grant entitled, Mammography Quality Standards Act Inspections. ...................... $174,629
4510-9043.. For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Health Impact Assessments $411,815
4510-9048.. For the purposes of a federally funded grant entitled, Indoor Radon Development Program...................................... $155,000
4510-9053.. For the purposes of a federally funded grant entitled, Beaches Environmental Assessment................................. $271,790
4510-9056.. For the purposes of a federally funded grant entitled, National Environmental Public Health Tracking. ................... $939,098
4512-0102.. For the purposes of a federally funded grant entitled, Sexually Transmitted Disease Control............................ $1,566,298
4512-0178.. For the purposes of a federally funded grant entitled, Immunization......................................................... $461,924
4512-0179.. For the purposes of a federally funded grant entitled, Vaccination Assistance Project..................................... $5,872,112
4512-0180.. For the purposes of a federally funded grant entitled, Epidemiology and Lab Surveillance....................................... $1,048,637
4512-0181.. For the purposes of a federally funded grant entitled, Meningococcal Virus Protection.......................................... $99,500
4512-0182.. For the purposes of a federally funded grant entitled, Preventing Healthcare Associated Infections......................... $730,466
4512-9065.. For the purposes of a federally funded grant entitled, State Outcomes Measurement and Management System........................ $150,000
4512-9067.. For the purposes of a federally funded grant entitled, Screening and Brief Intervention..................................... $2,800,000
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.................. $37,030,730
4512-9070.. For the purposes of a federally funded grant entitled, Promoting Safe and Stable Families..................................... $500,000
4512-9426.. For the purposes of a federally funded grant entitled, Uniform Alcohol and Drug Abuse Data Collection............................ $82,226
4513-0111.. For the purposes of a federally funded grant entitled, Housing Opportunities - People with AIDS......................... $180,474
4513-1123.. For the purposes of a federally funded grant entitled, Adult Viral Hepatitis Prevention Coordinator......................... $106,790
4513-9007.. For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants, and Children (WIC) ......... $94,944,088
4513-9018.. For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education - Risk Reduction $11,092,895
4513-9020.. For the purposes of a federally funded grant entitled, Expanded and Integrated HIV Testing................................... $677,946
4513-9021.. For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps.................... $7,606,943
4513-9022.. For the purposes of a federally funded grant entitled, Prevention Disability State - Based Project......................... $275,000
4513-9023.. For the purposes of a federally funded grant entitled, Mass HIV/AIDS National Behavioral Surveillance......................... $402,797
4513-9027.. For the purposes of a federally funded grant entitled, MassCare - Community AIDS Resource Enhancement...................... $879,806
4513-9030.. For the purposes of a federally funded grant entitled, Planning a Comprehensive Primary Care System for All MA Children and Youth $100,000
4513-9035.. For the purposes of a federally funded grant entitled, AIDS Surveillance and Seroprevalence Project............................... $972,639
4513-9037.. For the purposes of a federally funded grant entitled, Ryan White Comprehensive AIDS Resources.......................... $21,225,000
4513-9038.. For the purposes of a federally funded grant entitled, Shelter Plus Care – Worcester.............................................. $298,836
4513-9046.. For the purposes of a federally funded grant entitled, Congenital Anomalies Center of Excellence......................... $1,000,000
4513-9051.. For the purposes of a federally funded grant entitled, Rural Domestic Violence and Children Victimization Project.............. $400,000
4513-9060.. For the purposes of a federally funded grant entitled, Residential Fire Injury Prevention........................................ $100,000
4513-9066.. For the purposes of a federally funded grant entitled, Universal Newborn Hearing Screening - Enhancement Project.................. $300,000
4513-9071.. For the purposes of a federally funded grant entitled, Early Hearing Detection and Intervention (EHDI) Tracking and Research.. $194,579
4513-9076.. For the purposes of a federally funded grant program 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..................... $130,000
4513-9078.. For the purposes of a federally funded grant entitled, Asthma Planning Collaborative............................................ $375,000
4513-9082.. For the purpose of a federally funded grant entitled, CAPTA Requirement to Identify and Serve Substance Exposed Newborns.......... $65,859
4513-9083.. For the purposes of a federally funded grant entitled, Massachusetts Youth Suicide Prevention Program......................... $542,270
4513-9085.. For the purposes of a federally funded grant entitled, Massachusetts Pregnancy Risk........................................... $173,864
4513-9088.. For the purposes of a federally funded grant entitled, Helping Hands for Infants and their Families............................... $475,000
4513-9089.. For the purposes of a federally funded grant entitled, First Time Motherhood - New Parents Initiative....................... $92,706
4513-9091.. For the purposes of a federally funded grant entitled, NHI Health Disparities (READY) ..................................... $431,245
4513-9092.. For the purposes of a federally funded grant entitled, Addressing Asthma From a Public Health Perspective......................... $450,000
4513-9093.. For the purposes of a federally funded grant entitled, Massachusetts LAUNCH................................................... $850,000
4513-9094.. For the purposes of a federally funded grant entitled, MassCARE Data Systems Improvement (SPNS) ............................... $15,000
4514-1006.. For the purposes of a federally funded grant entitled, Getting to the Heart of the Matter....................................... $51,400
4514-1007.. For the purposes of a federally funded grant entitled, WIC/MIS $624,969
4515-0115.. For the purposes of a federally funded grant entitled, Tuberculosis Control Project........................................ $1,553,501
4515-0121.. For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological Studies Consortium ...................... $472,549
4515-0200.. For the purposes of a federally funded grant entitled, STD/HIV Prevention Training Centers.............................. $367,993
4515-0204.. For the purposes of a federally funded grant entitled, Strengthening Surveillance for Infectious Disease...................... $176,376
4515-0205.. For the purposes of a federally funded grant entitled, HIV Training through Prevention Training Centers....................... $46,672
4515-0206.. For the purposes of a federally funded grant entitled, Health Literacy and Oral Health Status of African Refugees............... $522,202
4516-1021.. For the purposes of a federally funded grant entitled, Public Health Preparedness and Response for Bioterrorism........... $14,050,475
4516-1028.. For the purposes of a federally funded grant entitled, State and Local Public Health Infrastructure........................... $1,049,486
4518-0505.. For the purposes of a federally funded grant entitled, Tech Data - Massachusetts Birth/Infant Death File Linkage and Analysis $26,399
4518-0514.. For the purposes of a federally funded grant entitled, National Violent Death Reporting System................................... $263,348
4518-0534.. For the purposes of a federally funded grant entitled, Public Health Injury Surveillance and Prevention....................... $745,793
4518-1000.. For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index.................. $27,500
4518-1002.. For the purposes of a federally funded grant entitled, Massachusetts Death File - Social Security Administration............... $42,500
4518-1003.. For the purposes of a federally funded grant entitled, Massachusetts Birth Records — Social Security Administration........... $242,033
4518-9023.. For the purposes of a federally funded grant entitled, Census of Fatal Occupational Injuries..................................... $48,645
4518-9030.. For the purpose of a federally funded grant entitled, Public Health Injury Surveillance and Prevention Program............... $135,488
4518-9033.. For the purposes of a federally funded grant entitled, Teen Dating Violence Prevention....................................... $40,000
4518-9041.. For the purpose of a federally funded grant entitled, Amputation/CTS Project.................................................. $143,250
4570-1509.. For the purposes of a federally funded grant entitled, Massachusetts Cardiovascular Disease Prevention. .................... $1,144,041
4570-1512.. For the purposes of a federally funded grant entitled, National Cancer Prevention Control..................................... $4,979,553
4570-1513.. For the purposes of a federally funded grant entitled, Colorectal Cancer Screening.............................................. $1,000,000
4570-1514.. For the purposes of a federally funded grant entitled, Wise Woman......................................................... $900,000
4570-1516.. For the purposes of a federally funded grant entitled, Paul Coverdell Acute Stroke Registry................................... $600,000
4570-1517.. For the purposes of a federally funded grant entitled, Nutrition Obesity....................................................... $1,000,152
4570-1520.. For the purposes of a federally funded grant entitled, Massachusetts Integration of Chronic Disease......................... $2,482,222
4570-1521.. For the purpose of a federally funded grant entitled, Physical Activity, Nutrition and Tobacco (Wellness) ........................ $509,368
4570-1522.. For the purpose of a federally funded grant entitled, Tobacco Retail Environment.............................................. $600,000
4570-1523.. For the purpose of a federally funded grant entitled, Tobacco Quitline......................................................... $423,700
Department of Children and Families.
4800-0005.. For the purposes of a federally funded grant entitled, Children’s Justice Act.............................................. $332,604
4800-0007.. For the purposes of a federally funded grant entitled, The Family Violence Prevention and Support Services Act.......... $1,820,998
4800-0009.. For the purposes of a federally funded grant entitled, Title IV-E Independent Living..................................... $2,813,371
4800-0013.. For the purposes of a federally funded grant entitled, Family Preservation and Support Services...................... $4,737,454
4800-0085.. For the purposes of a federally funded grant entitled, Educational & Training Voucher Program................................. $949,875
4899-0001.. For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services....................................... $4,182,270
4899-0022.. For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment......................... $503,227
Department of Mental Health.
5012-9121.. For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness............. $1,544,000
5012-9160.. For the purposes of a federally funded grant entitled, Jail Diversion and Trauma Recovery...................................... $710,000
5012-9161.. For the purposes of a federally funded grant entitled, Community Re-entry for Women Program................................... $75,000
5046-9102.. For the purposes of a federally funded grant entitled, Shelter Plus Care Program.................................................. $201,120
5047-9102.. For the purposes of a federally funded grant entitled, Comprehensive Mental Health Services for Children and their Families. $1,375,000
Department of Developmental Services.
5947-0011.. For the purposes of a federally funded grant entitled, Real Choice Systems Change Grant...................................... $41,425
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION.
6440-0088.. For the purposes of a federally funded grant entitled, Perform Registry Info Management System .................................. $259,478
6440-0090.. For the purposes of a federally funded grant entitled, CDL Information System Enhancement .................................... $1,132,125
6440-0096.. For the purposes of a federally funded grant entitled, State Donor Registry Support Program .................................. $3,000
6440-0097.. For the purposes of a federally funded grant entitled, Commercial Drivers License Information System....................... $107,267
6440-0098.. For the purposes of a federally funded grant entitled, Safety Data Improvement Program ..................................... $365,982
6440-0099.. For the purposes of a federally funded grant entitled, Real ID Demonstration Program ................................. $1,579,474
6642-0018.. For the purposes of a federally funded grant entitled, Section 5311 Non-Urbanized Area Formula Program......................... $4,515,625
6642-0020.. For the purposes of a federally funded grant entitled, Section 5316 Job Access and Reverse Commute............................. $1,785,130
6642-0022.. For the purposes of a federally funded grant entitled, Transit Planning Research Grant ............................................ $9,054
6642-0023.. For the purposes of a federally funded grant entitled, Section 5303 and 5304 Metropolitan Transportation Planning.............. $4,537,265
6642-0026.. For the purposes of a federally funded grant entitled, Section 5317 New Freedom Operating Segment.............................. $2,232,253
6642-0027.. For the purposes of a federally funded grant entitled, Transit Capital Assistance Nonurbanized Apportionment..................... $41,542
6642-0028.. For the purposes of a federally funded grant entitled, Intermodal Transportation Center.................................... $800,000
6642-0049.. For the purposes of a federally funded grant entitled, Section 56310 Special Needs for Elderly Individuals.................. $6,314,215
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.
7002-1625.. For the purposes of a federally funded grant entitled, Veterans Workforce Investment Program FY11........................ $757,412
7002-4203.. For the purposes of a federally funded grant entitled, Occupational Substance and Health Administration Statistical Survey... $117,400
7002-4204.. For the purposes of a federally funded grant entitled, Adult Blood Lead Levels Surveillance....................................... $20,486
7002-4212.. For the purposes of a federally funded grant entitled, Asbestos Licensing and Monitoring................................. $139,969
7002-4213.. For the purposes of a federally funded grant entitled, Lead Licensing and Monitoring........................................... $284,244
7002-4215.. For the purposes of a federally funded grant entitled, Occupational Illness and Injury........................................ $86,848
7002-4216.. For the purposes of a federally funded grant entitled, Lead Enforcement Cooperative Agreement..................................... $70,000
7002-6621.. For the purposes of a federally funded grant entitled, Department of Workforce Development Administrative Services & Technology $18,170,477
7002-6624.. For the purposes of a federally funded grant entitled, Unemployment Insurance Administration.............................. $79,000,000
7002-6626.. For the purposes of a federally funded grant entitled, Employment Service Programs Administration....................... $16,269,778
7002-6627.. For the purposes of a federally funded grant entitled, Occupational Substance and Health Administration On-site Consultation Program....................................................... $1,406,000
7002-6628.. For the purposes of a federally funded grant entitled, Disabled Veterans Outreach............................................... $1,600,000
7002-6629.. For the purposes of a federally funded grant entitled, Local Veterans Employment Representative.............................. $2,100,000
7002-6646.. For the purposes of a federally funded grant entitled, WIA Recovery Act Employer Services...................................... $4,500,000
7002-9701.. For the purposes of a federally funded grant entitled, Federal Bureau of Labor Statistics Grant................................. $2,569,258
7003-1010.. For the purposes of a federally funded grant entitled, Trade Expansion Act Program........................................... $18,541,849
7003-1630.. For the purposes of a federally funded grant entitled, Adult Activities – Workforce Investment Act Title I - Adult Activities. $21,077,233
7003-1631.. For the purposes of a federally funded grant entitled, Youth Formula Grants – Workforce Investment Act Title I - Youth Formula Grants...................................................... $24,370,973
7003-1632.. For the purposes of a federally funded grant entitled, Dislocated Workers – Workforce Investment Act Title I –Dislocated Workers...................................................... $28,612,463
7003-1633.. For the purposes of a federally funded grant entitled, Work Incentive Grant Access to Employment for All....................... $450,000
7003-1640.. For the purposes of a federally funded grant entitled, WIA Recovery Act Adult Workers. ........................................ $4,500,000
7003-1642.. For the purposes of a federally funded grant entitled, WIA Recovery Act Dislocated Workers.................................... $14,000,000
7003-1651.. For the purposes of a federally funded grant entitled, WIA Recovery Act Youth Workers......................................... $12,000,000
7003-2013.. For the purposes of a federally funded grant entitled, Mine Safety and Health Training........................................... $79,636
Department of Housing and Community Development.
7004-0305.. For the purposes of a federally funded grant entitled, Lead Hazard Control................................................ $1,000,800
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..................... $10,132,330
7004-2031.. For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income............................. $29,193,995
7004-2032.. For the purposes of a federally funded grant entitled, Community Services Block Grant – Stimulus........................ $4,984,517
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. ............................. $212,825,235
7004-2034.. For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies.............................................. $17,722,616
7004-2361.. For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Administrative Fee. .......... $298,000
7004-2363.. For the purposes of a federally funded grant entitled, Section 8 Administrative Fee Housing Voucher..................... $2,420,000
7004-2364.. For the purposes of a federally funded grant entitled, Section 8 Administrative Fee Moderate Rehabilitation............... $229,732
7004-2365.. For the purposes of a federally funded grant entitled, Section 8 Administrative Fee New Construction...................... $577,798
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..................... $36,922,454
7004-3038.. For the purposes of a federally funded grant entitled, Neighborhood Stabilization......................................... $21,000,000
7004-3041.. For the purposes of a federally funded grant entitled, Community Development Block Grant – ARRA......................... $3,000,000
7004-3051.. For the purposes of a federally funded grant entitled, Homeless Prevention and Rapid Rehousing Program................. $9,000,000
7004-9009.. For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Program; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies...................... $9,910,759
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............................... $229,799,032
7004-9019.. For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the department of housing and community development may provide monthly payments in advance to participating agencies................................. $9,402,000
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................................. $6,567,758
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.............................................. $20,000,000
7004-9039.. For the purposes of a federally funded grant entitled, Home Technical Assistance................................................ $75,000
7004-9051.. For the purposes of a federally funded grant entitled, Shelter Plus Care-Lowell; provided, that, consistent with applicable federal regulations and the state plan, the department of housing and community development may provide monthly payments in advance to participating agencies.................................................. $82,000
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
4400-9404.. For the purposes of a federally funded grant entitled, McKinney Shelter Plus Care.............................................. $3,400,000
EXECUTIVE OFFICE OF EDUCATION.
Department of Early Education and Care.
3000-0708.. For the purposes of a federally funded grant entitled, Head Start Collaboration. .......................................... $175,000
3000-5050.. For the purposes of a federally funded grant entitled, the State Advisory Council on Early Childhood Education ARRA Head Start Grant......................................................... $379,183
3000-9002.. For the purposes of a federally funded grant entitled, Child Abuse Prevention and Treatment Activities...................... $585,000
Department of Elementary and Secondary Education.
7010-9706.. For the purposes of a federally funded grant entitled, Common Core Data Project.................................................. $355,000
7032-0217.. For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program — Distribution................ $810,000
7035-0166.. For the purposes of a federally funded grant entitled, Even Start Family Literacy — Distribution................................ $1,020,500
7035-0210.. For the purposes of a federally funded grant entitled, Advanced Placement Fee Program.................................... $250,000
7038-0107.. For the purposes of a federally funded grant entitled, Adult Basic Education – Distribution.............................. $10,268,705
7038-9004.. For the purposes of a federally funded grant entitled, School Based Programs Distribution.................................... $385,250
7043-1001.. For the purposes of a federally funded grant entitled, Title I Grants to Local Educational Agencies........................... $244,326,143
7043-1002.. For the purposes of a federally funded grant entitled, Title I Reading First State Grants....................................... $535,000
7043-1004.. For the purposes of a federally funded grant entitled, Migrant Education....................................................... $1,620,000
7043-1005.. For the purposes of a federally funded grant entitled, Title I Neglected and Delinquent Children................................ $2,150,000
7043-1006.. For the purposes of a federally funded grant entitled, School Improvement Grant...................................... $8,122,058
7043-2001.. For the purposes of a federally funded grant entitled, Teacher and Principal Training and Recruiting..................... $50,476,400
7043-2002.. For the purposes of a federally funded grant entitled, Enhancing Education through Technology........................... $5,150,000
7043-2003.. For the purposes of a federally funded grant entitled, Title I Math and Science Partnerships................................... $2,450,000
7043-3001.. For the purposes of a federally funded grant entitled, English Language Acquisition........................................... $11,648,109
7043-4001.. For the purposes of a federally funded grant entitled, Safe and Drug Free Schools and Communities........................... $4,575,000
7043-4002.. For the purposes of a federally funded grant entitled, After School Learning Centers...................................... $18,170,311
7043-6001.. For the purposes of a federally funded grant entitled, Grants for State Assessments and Related Activities..................... $7,850,000
7043-6002.. For the purposes of a federally funded grant entitled, Rural And Low-Income Schools............................................ $49,500
7043-6501.. For the purposes of a federally funded grant entitled, Education for Homeless Children/Youth................................ $1,200,000
7043-7001.. For the purposes of a federally funded grant entitled, Special Education Grants............................................... $295,000,000
7043-7002.. For the purposes of a federally funded grant entitled, Preschool Grants...................................................... $11,350,000
7043-8001.. For the purposes of a federally funded grant entitled, Vocational Education Basic Grants................................ $19,250,000
7043-8002.. For the purposes of a federally funded grant entitled, Technical Preparation Education.................................. $1,725,000
7044-0020.. For the purposes of a federally funded grant entitled, Project Focus Academy................................................ $1,200,000
7044-0210.. For the purposes of a federally funded grant entitled, Advanced Placement Fee Program .................................. $250,000
7047-9008.. For the purposes of a federally funded grant entitled, Learn and Serve America Competitive.................................... $1,150,000
7048-0228.. For the purposes of a federally funded grant entitled, IMP Health and Education Outcomes- Young People....................... $1,110,000
7048-1616.. For the purposes of a federally funded grant entitled, College Access Challenge Grant Program.................................. $850,000
7048-9200.. For the purposes of a federally funded grant entitled, Statewide Longitudinal Data Systems Grant........................ $2,450,000
7053-2008.. For the purposes of a federally funded grant entitled, Fresh Fruit & Veggie................................................. $1,550,000
7053-2112.. For the purposes of a federally funded grant entitled, Special Assistance Funds..................................... $155,833,146
7053-2117.. For the purposes of a federally funded grant entitled, Child Care Program............................................... $51,541,189
7053-2126.. For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance................................ $690,200
7053-2202.. For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children...................... $5,490,849
7062-0008.. For the purposes of a federally funded grant entitled, Office of School Lunch Programs — Child Care Program Administration..... $2,520,000
7062-0017.. For the purposes of a federally funded grant entitled, Charter Schools Assistance Distribution................................ $2,800,000
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......................................... $1,600,000
7066-6033.. For the purposes of a federally funded grant entitled, Gaining Early Awareness and Readiness for Undergraduate Programs..... $3,500,000
7070-0017.. For the purposes of a federally funded grant entitled, Leveraging Educational Assistance Program— Department of Higher Education 966,853
7110-1182.. For the purposes of a federally funded grant entitled, National Science Foundation............................................... $175,000
7110-6019.. For the purposes of a federally funded grant entitled, Upward Bound Payroll and Benefits - Fitchburg State College........... $320,000
7110-6030.. For the purposes of a federally funded grant entitled, Expanding Horizons Student Support Services - Fitchburg State College $230,000
7110-6048.. For the purposes of a federally funded grant entitled, Special Education Personnel Preparation - Fitchburg State College........... $40,000
7114-9713.. For the purposes of a federally funded grant entitled, National Science Foundation - Atlantic Partnership........................ $155,243
7116-6220.. For the purposes of a federally funded grant entitled, National Science Foundation Recovery Act Research Support.................. $76,943
7410-3093.. For the purposes of a federally funded grant entitled, Polymer Building Construction - University of Massachusetts Amherst..... $2,711,376
7503-6557.. For the purposes of a federally funded grant entitled, Trio Talent Search - Bristol Community College ..................... $165,124
7503-9711.. For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — Bristol Community College... $370,607
7503-9714.. For the purposes of a federally funded grant entitled, Upward Bound Program — Bristol Community College...................... $259,073
7509-1490.. For the purposes of a federally funded grant entitled, Educational Opportunities Centers Payroll — Mount Wachusett Community College......................................................... $235,000
7509-9714.. For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — Mount Wachusett Community College $230,000
7509-9717.. For the purposes of a federally funded grant entitled, Upward Bound Math and Science Program – Mount Wachusett Community College . $123,000
7509-9718.. For the purposes of a federally funded grant entitled, Talent Search — Mount Wachusett Community College. ...................... $240,000
7509-9720.. For the purposes of a federally funded grant entitled, Gaining Early Awareness and Readiness for Undergraduate Programs 2011— Mount Wachusett Community College........................................ $530,000
7511-9711.. For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — North Shore Community College $550,000
7511-9740.. For the purposes of a federally funded grant entitled, Upward Bound — North Shore Community College............................ $380,000
7511-9750.. For the purposes of a federally funded grant entitled, Talent Search— North Shore Community College. .......................... $230,000
7518-6127.. For the purposes of a federally funded grant entitled, College Work Study Program - Bunker Hill Community College............ $230,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.
Office of the Secretary.
8000-0088.. For the purposes of a federally funded grant entitled, Bulletproof Vest Federal Receipt.......................................... $300,000
8000-2015.. For the purposes of a federally funded grant entitled, ARRA Justice Assistant Grant........................................ $2,000,000
8000-2016.. For the purposes of a federally funded grant entitled, ARRA Stop Violence to Women...................................... $1,500,000
8000-4602.. For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act - Planning................. $20,000
8000-4603.. For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act......................... $1,000,000
8000-4608.. For the purposes of a federally funded grant entitled, Drug-Free Schools and Communities Act of 1986............................ $1,000,000
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........................ $100,000
8000-4614.. For the purposes of a federally funded grant entitled, Encourage Arrests Violence to Women...................................... $3,000,000
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.............................................. $150,000
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
8000-4694.. For the purposes of a federally funded grant entitled, Homeland Urban Areas.................................................. $7,500,000
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
8000-4699.. For the purposes of a federally funded grant entitled, Homeland Citizen Corp..................................................... $200,000
8000-4700.. For the purposes of a federally funded grant entitled, Homeland Medical Response................................................. $600,000
8000-4701.. For the purposes of a federally funded grant entitled, Homeland Port Security............................................... $3,000,000
8000-4702.. For the purposes of a federally funded grant entitled, Homeland Interoperable Communications........................... $1,000,000
8000-4703.. For the purposes of a federally funded grant entitled, Homeland Catastrophic Preparation............................... $1,000,000
8000-4704.. For the purposes of a federally funded grant entitled, Homeland Preparation Technical Assistance......................... $100,000
8000-4705.. For the purposes of a federally funded grant entitled, Homeland Emergency Management Preparation....................... $5,000,000
8000-4706.. For the purposes of a federally funded grant entitled, Homeland Emergency Operations Center............................... $50,000
8000-4804.. For the purposes of a federally funded grant entitled, State Agency Programs.............................................. $14,000,000
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................................... $500,000
8000-4841.. For the purposes of a federally funded grant entitled, Fatality Analysis Reporting................................................ $100,000
8000-6612.. For the purposes of a federally funded grant entitled, Special Event Trust.................................................... $150,000
8000-6613.. For the purposes of a federally funded grant entitled, Juvenile Accountability II........................................ $700,000
8000-6615.. For the purposes of a federally funded grant entitled, Community Security Expendable Trust................................ $150,000
Department of State Police.
8100-0200.. For the purposes of a federally funded grant entitled, Motor Vehicle Data Quality............................................. $405,196
8100-0209.. For the purposes of a federally funded grant entitled, Region 1 Training Academy Motor Carrier Safety Assistance.................. $150,500
8100-0210.. For the purposes of a federally funded grant entitled, MCSAP-CVE New Entrant Audit............................................ $630,213
8100-0217.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety Assistance.............................. $2,466,476
8100-0218.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety FY09.................................... $1,758,595
8100-2010.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety......................................... $2,534,276
8100-2058.. For the purposes of a federally funded grant entitled, New England State Police Administrator‘s Conference - Regional Investigation $4,186,900
8100-2638.. For the purposes of a federally funded grant entitled, Internet Crimes Against Children......................................... $250,000
8100-2639.. For the purposes of a federally funded grant entitled, ARRA ICAC Task Force.................................................... $396,223
8100-2640.. For the purposes of a federally funded grant entitled, Internet Crimes Against Children Continuation............................. $67,831
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
8100-9740.. For the purposes of a federally funded grant entitled, Convicted Offender DNA Backlog Reduction FY08....................... $11,605
8100-9745.. For the purposes of a federally funded grant entitled, Coverdell FY09......................................................... $169,348
8100-9746.. For the purposes of a federally funded grant entitled, Convicted Offender DNA Backlog FY09................................. $54,168
8100-9747.. For the purposes of a federally funded grant entitled, Forensic DNA Backlog Reduction Program FY09........................... $479,230
Department of Fire Services.
8324-1505.. For the purposes of a federally funded grant entitled, USFA/NFA State Fire Training Program..................................... $28,000
8324-9707.. For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program............................ $236,329
Military Division.
8700-0006.. For the purposes of a federally funded grant entitled, Military Construction Costs in Methuen......................... $21,301,000
8700-0143.. For the purposes of an expendable trust entitled, Friends of Massachusetts National Guard and Reserve Families........ $585,586
8700-0302.. For the purposes of a federally funded grant entitled, Military Construction Costs in Reading............................ $831,499
8700-1001.. For the purposes of a federally funded grant entitled, Army National Guard Facilities Programs Cooperative Agreement....... $19,979,500
8700-1002.. For the purposes of a federally funded grant entitled, Army National Guard Environmental Programs Cooperative Agreement..... $2,320,000
8700-1003.. For the purposes of a federally funded grant entitled, Army National Guard Security Cooperative Agreement................... $1,396,000
8700-1004.. For the purposes of a federally funded grant entitled, Army National Guard Electronic Security Cooperative Agreement.......... $174,100
8700-1005.. For the purposes of a federally funded grant entitled, Army National Guard Communications and Information Management Cooperative Agreement....................................................... $1,524,200
8700-1007.. For the purposes of a federally funded grant entitled, Army National Guard Sustainable Ranges Cooperative Agreement ............................................. ........... $417,000
8700-1010.. For the purposes of a federally funded grant entitled, Army National Guard Antiterrorism Cooperative Agreement................. $78,800
8700-1021.. For the purposes of a federally funded grant entitled, Air National Guard Facilities Operations and Maintenance Cooperative Agreement....................................................... $7,717,457
8700-1022.. For the purposes of a federally funded grant entitled, Air National Guard Environment Cooperative Agreement................... $70,932
8700-1023.. For the purposes of a federally funded grant entitled, Air National Guard Security Cooperative Agreement................... $1,566,500
8700-1024.. For the purposes of a federally funded grant entitled, Air National Guard Fire Protection Cooperative Agreement............ $1,999,900
8700-1027.. For the purposes of a federally funded grant entitled, Air National Guard Logisitics Cooperative Agreement................... $130,000
8700-1028.. For the purposes of a federally funded grant entitled, Air National Guard Services Resources Management Cooperative Agreement $156,000
8700-1040.. For the purposes of a federally funded grant entitled, Air National Guard Distributed Learning Program Cooperative Agreement. $237,200
8700-9021.. For the purposes of a federally funded grant entitled, Army National Guard Energy Reduction Projects ARRA................... $4,708,000
Massachusetts Emergency Management Agency.
8800-0011.. For the purposes of a federally funded grant entitled, Severe Repetitive Loss Grant............................................... $714,993
8800-0012.. For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation Competitive Grant............................. $110,125
8800-0042.. For the purposes of a federally funded grant entitled, Hazardous Materials Transportation Act............................. $609,482
8800-0048.. For the purposes of a federally funded grant entitled, Flood Mitigation Assistance Program..................................... $2,104,735
8800-0064.. For the purposes of a federally funded grant entitled, Hazard Mitigation 1364.................................................. $11,654,546
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
8800-1642.. For the purposes of a federally funded grant entitled, May 2006 Floods FEMA................................................... $1,460,253
8800-1701.. For the purposes of a federally funded grant entitled, April 2007 Storm FEMA................................................... $1,846,393
8800-1813.. For the purposes of a federally funded grant entitled, December 2008 Ice Storm FEMA............................................ $18,496,042
8800-2009.. For the purposes of a federally funded grant entitled, October 2005 Floods FEMA................................................ $7,799
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................................................ $104,240
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................... $9,475,299
9110-1077.. For the purposes of a federally funded grant entitled, National Family Caregiver Support Program................................. $89,860
9110-1095.. For the purposes of a federally funded grant entitled, Health Information Counseling and Assistance ................. $1,128,491
9110-1150.. For the purposes of a federally funded grant entitled, Empowering Older People .................................................. $253,469
9110-1173.. For the purposes of a federally funded grant entitled, Older Americans Act - Title III Nutritional Program................... $14,289,338
9110-1178.. For the purposes of a federally funded grant entitled, Community Service Employment Program .................................... $2,772,882
9110-3000.. For the purposes of a federally funded grant entitled, Senior Medicare Patrol Integration ...................................... $100,898
9110-3031.. For the purposes of a federally funded grant entitled, ADRC Strategic Planning ................................................ $250,000
9110-3037.. For the purposes of a federally funded grant entitled, Massachusetts Community Living Program ................................ $500,000
9110-3200.. For the purposes of a federally funded grant entitled, Community Based Alzheimer Care Project .................................. $234,627
9110-3300.. For the purposes of a federally funded grant entitled, MA Next Generation Performance Outcome Measurement Project....... $107,353
SECTION 2E. The sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust funds named within each item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. Items in this section shall not be subject to allotment under section 9B of chapter 29 of the General Laws or reduction under section 9C of said chapter 29, without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2011. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.
ADMINISTRATION AND FINANCE.
1599-6152.. For an operating transfer to the State Retiree Benefits Trust Fund, established pursuant to section 24 of chapter 32A of the General Laws..................................................... $399,151,979
Health and Human Services.
Office of the Secretary of Health and Human Services.
1595-1068.. For an operating transfer to the MassHealth provider payment account in the Medical Assistance Trust Fund, established under section 2QQQ of chapter 29 of the General Laws; provided, that these funds may be expended only for services provided during state or federal fiscal year 2011, and no amounts previously or subsequently transferred into the Medical Assistance Trust Fund may be expended on payments described in the section 1115 demonstration waiver for services provided during state fiscal year 2011, or payments described in the state plan for services provided during federal fiscal year 2011; provided further, that all payments from the Medical Assistance Trust Fund shall be subject to the availability of federal financial participation, shall be made only in accordance with federally-approved payment methods, shall be consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services and shall be subject to the terms and conditions of an agreement with the executive office of health and human services; provided further, that any increase in payment made from the trust fund totaling an amount greater than $251,000,000 in fiscal year 2011 shall be made only after the secretary of health and human services certifies that any increase in payments from the trust fund shall not exceed the negotiated limit for section 1115 waiver spending; provided further, that the secretary of health and human services shall notify, in writing, the house and senate committees on ways and means and the joint committee on health care financing of any increases in payments within 15 days; and provided further, that the secretary of health and human services shall make a payment of up to $247,605,130 from the Medical Assistance Trust Fund to the Cambridge Public Health Commission for dates of service in state and federal fiscal year 2011, only after the Cambridge Public Health Commission transfers up to $95,105,130 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the nonfederal share of such payment......... $392,500,000
Governor reduced the following item by $86,329,958 and disapproved wording as indictated for message see H4840
1595-5819.. For an operating transfer to the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29 of the General Laws; provided, that up to $30,000,000 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund, established under section 36 of chapter 118G of the General Laws; provided further, that the hospital fiscal year 2011 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund; provided further, that payments may be made either as safety net care payments under the commonwealth’s section 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof; provided further, that the executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund; provided further, that the secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector authority, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded by the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures; provided further, that the secretary of administration and finance shall report any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund to the house and senate committees on ways and means and the joint committee on healthcare financing within 30 days of the proposed transfer; and provided further, that notwithstanding any general or special law to the contrary, if the secretary of administration and finance determines that amounts transferred from the General Fund to the Commonwealth Care Trust Fund are not needed to support the costs of the Commonwealth Care and Commonwealth Care Bridge subsidized health insurance programs in fiscal year 2011, the secretary of administration and finance shall notify the comptroller and the house and senate committees on ways and means of this determination and the comptroller shall transfer such amounts from the Commonwealth Care Trust Fund back to the General Fund $788,341,780 702,011,822
FMAP Budget Relief Fund......................................................... 7.104%
Transportation.
Department of Transportation.
Governor reduced the following item by $5,000,000 for message see H4840
1595-6368.. For an operating transfer to the Massachusetts Transportation Trust Fund, established under section 4 of chapter 6C of the General Laws..................................................... $200,126,756 195,126,756
Commonwealth Transportation Fund................................. 100.000%
1595-6369.. For an operating transfer to the Massachusetts Bay Transportation Authority pursuant to clause (1) of subsection (d) of section 2ZZZ of chapter 29 of the General Laws....................... $160,000,000
Commonwealth Transportation Fund................................. 100.000%
1595-6370.. For an operating transfer to the regional transit authorities organized under chapter 161B of the General Laws or predecessor statutes pursuant to clause (2) of subsection (d) of section 2ZZZ of chapter 29 of the General Laws.......................................... $15,000,000
Commonwealth Transportation Fund................................. 100.000%
SECTION 3. Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2011 the distribution to cities and towns of the balance of the State Lottery Fund, as paid from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional funds from the General Fund shall be $898,980,293 and shall be apportioned to the cities and towns in accordance with this section.
Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2011 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists. The specified amounts to be distributed from said item 7061-0008 of said section 2 shall be in full satisfaction of the amounts due under chapter 70 of the General Laws.
Notwithstanding any general or special law to the contrary, the governor may allocate, at his full discretion, funds from the State Fiscal Stabilization Fund established by Title XIV of the American Recovery and Reinvestment Act of 2009, P. L. No. 111-5; provided further, that said potential allocation is reflected in the following chart in the column entitled “Potential Allocation of Federal Funds from the ARRA State Fiscal Stabilization Fund”; provided further, that the funds set forth in said column are an estimated apportionment and shall not appear on the cherry sheet produced by the department of revenue.
For fiscal year 2011, when calculating the foundation budget for each district, the fiscal year 2011 Chapter 70 aid shall be valued at the greater of: (a) 96% of the total of fiscal year 2010 Chapter 70 aid and state fiscal stabilization fund allocations as outlined in section 3 of chapter 27 of the acts of 2009. This figure shall then be subtracted by the proportional potential allocation of state fiscal stabilization funds as listed below to determine Chapter 70 aid; or (b) foundation aid minus the proportional potential allocation of state fiscal stabilization funds as listed below. Non-operating districts shall receive the greater of: (a) 96% of the total of fiscal year 2010 Chapter 70 aid and state fiscal stabilization fund allocations as outlined in section 3 of chapter 27 of the acts of 2009, or (b) foundation aid; provided, that non-operating districts shall not receive state fiscal stabilization funds. The foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2010. The target local share shall be calculated using the same methodology used in fiscal year 2010. Preliminary local contribution shall be the municipality’s fiscal year 2010 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality's preliminary contribution as a percentage of its foundation budget is more than 5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 1 percentage point; and if a municipality's preliminary contribution as a percentage of its foundation budget is more than 10 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 2 percentage points. Minimum required local contribution for fiscal year 2011 shall be, for any municipality with a fiscal year 2011 preliminary contribution greater than its fiscal year 2011 target contribution, the preliminary local contribution reduced by 30 per cent of the gap between the preliminary local contribution and the target local contribution. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality’s pupils at each of those districts. No non-operating 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 elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994.
No payments to cities, towns or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year until the commissioner of revenue certifies acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. Advance payments shall be made for some or all of periodic local reimbursement or assistance programs to 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 the executive office for administration and finance, pursuant to guidelines established by the secretary.
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SECTION 4. Section 18A of chapter 3 of the General Laws is hereby repealed.
SECTION 5. Clause Eighteenth of section 7 of chapter 4 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 87-92, the words “‘Legal holiday’ shall also include, with respect to Suffolk county only, March seventeenth and June seventeenth, or the day following when said days occur on Sunday; provided, however, that the words "legal holiday'' as used in section forty-five of chapter one hundred and forty-nine shall not include March seventeenth, or the day following when said day occurs on Sunday” and inserting in place thereof the following words:- "Legal holiday'' shall also include, with respect to Suffolk county only, Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, or the day following when said days occur on Sunday; provided, however, that all state and municipal agencies, authorities, quasi-public entities or other offices located in Suffolk county shall be open for business and appropriately staffed on Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, and that section forty-five of chapter one hundred and forty-nine shall not apply to Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, or the day following when said days occur on Sunday.
SECTION 6. Chapter 6A of the General Laws is hereby amended by inserting after section 7 the following section:–
SECTION 7A. Notwithstanding any general or special law to the contrary, each secretary may, identify information technology related activities and related supporting financial functions common to the state agencies within the executive office and may designate such functions as core information technology functions. To improve administrative efficiency and preserve fiscal resources, the secretary may direct that core information technology functions be performed by the executive office or by state agencies designated by the secretary to perform those functions. The secretary may delegate the secretary’s signature authority for such functions to an officer or employee of an agency within the executive office. Nothing in this section shall waive the responsibility of each agency head to certify obligations and expenditures for appropriations and other legally available funds of the agency pursuant to section 3 of chapter 7A, the responsibilities of an agency head pursuant to state finance law, including but not limited to, sections 19, 20, 24, 26 and 27 of chapter 29, and the responsibility of an agency head to certify work by employees of the agency pursuant to section 31 of said chapter 29. The executive office or any state agencies designated to perform core information technology functions may charge the state agencies that receive such services for the reasonable costs of providing the services. Any employee transfers that occur in connection with the consolidation of core information technology functions within the executive office or state agencies shall not: (a) impair the civil service status of any such transferred employee who immediately before the effective date of that transfer either holds a permanent appointment in a position classified under chapter 31 or has tenure in a position by reason of section 9A of chapter 30; or (b) impair or change an employee's status, rights or benefits under chapter 150E.
SECTION 7. Section 4H of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-
In accordance with section 2A of chapter 71B, the division shall provide, through the bureau of special education appeals, adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between or among parents, school districts, private schools and state agencies concerning: (i) any matter relating to the identification, evaluation or educational program or placement of a child with a disability or the provision of a free and appropriate public education to the child arising under said chapter 71B and its regulations or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its regulations; or (ii) a student’s rights under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division. The costs incurred by the division in carrying out its duties pursuant to this paragraph shall be borne by the department of elementary and secondary education. These costs and the costs of carrying out the division’s other duties shall be kept separate to the extent practical, except that the costs of administrative support for the bureau of special education appeals shall be allocated to the bureau of special education appeals under a reasonable formula determined by the commissioner of elementary and secondary education and the chief administrative magistrate. The commissioner of elementary and secondary education and the chief administrative magistrate shall periodically enter into memoranda of understanding to set forth the obligations of their respective organizations in carrying out this paragraph, as described in said section 2A of said chapter 71B. The director of special education appeals shall participate in the negotiations with regard to the memoranda of understanding and the commissioner of elementary and secondary education and the chief administrative magistrate shall make all reasonable efforts to incorporate the director’s views in entering into the memoranda. The director of the special education appeals shall issue an annual report regarding his views about the memoranda to the chief administrative magistrate and the bureau of special education appeals advisory council.
SECTION 8. Said chapter 7 is hereby further amended by inserting after section 11 the following section:-
SECTION 14C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Agency”, a commonwealth authority, board, bureau, commission, department, division, executive office, institution, institution of higher education, the secretary of state, the attorney general, the state treasurer, the state auditor, the administrative office of the trial courts, trial court departments, the supreme judicial court, the appeals court, the governor’s office, lieutenant governor’s office, the governor’s council, the house of representatives and the senate.
“Funding source”, the agency and account from where the expenditure is appropriated.
“Recipient”, a business corporation, partnership, firm, unincorporated association or other legal business entity engaged in economic activity within the commonwealth, and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I. For the purposes of this section, recipient shall include an original grantee or an original contractor of a state award or a political subdivision. A recipient shall not include an individual recipient of state or federal assistance.
“Searchable website”, a website that allows the public at no cost to search for, obtain and aggregate the information identified in subsection (b).
“Secretary”, the secretary of administration and finance.
“State award” or “award”, appropriations, expenditures, grants, subgrants, loans, purchase orders, infrastructure assistance and other forms of financial assistance.
(b) The secretary shall develop and operate a searchable website accessible by the public at no cost that includes:
(1) the name and location of a recipient or agency receiving a state award, the funding source of each award, the date of the award, the amount of funds appropriated and a brief description of the purpose of the award;
(2) local aid to cities and towns including amounts paid to individual municipal agencies;
(3) annual revenues, as determined by the secretary which shall include, but shall not be limited to: (i) receipts or deposits by an agency into funds established within the state treasury; (ii) agency earnings including, but not limited to, amounts collected by each agency for services performed and licenses and permits issued; (iii) compensation for the purchase or lease of state-owned property and interest collected from state-issued loans; and (iv) federal grants;
(4) a link to all state audits and reports relating to the receipt of state awards by an agency or recipient, including an audit or report issued by the inspector general, state auditor, special commission, legislative committee or executive body;
(5) the reports required by section 88 of chapter 62C; and
(6) any other relevant information specified by the secretary.
(c) The searchable website shall allow users to search electronically by field in a single search, aggregate the data, download information yielded by a search and, where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.
(d) The searchable website shall include and retain information for each fiscal year for not less than 10 fiscal years.
(e) The secretary shall update the searchable website as new data becomes available. All agencies shall provide to the secretary all data that is required to be included in the searchable website not later than 30 days after the data becomes available to the agency. The secretary shall provide guidance to agency heads to ensure compliance with this section.
(f) This section shall not be construed to require the disclosure of: (i) information that is confidential under state or federal law; (ii) payments received by an individual or entity as interest paid by the issuer of any bonds or other public debt.
(g) The secretary shall not be considered in compliance with this section if the data required for the searchable website is not available in a searchable and aggregate manner or if the public is redirected by the searchable website to other government websites, unless each of those websites complies with the requirements of this section.
SECTION 9. Chapter 15A of the General Laws is hereby amended by inserting after section 19 the following section:-
SECTION 19½. Each surviving child of a parent who died as result of injuries sustained during active and full-time military service as a member of the armed forces of the United States or national guard, occurring after 1989, while outside the United States in an armed conflict or hostility, or while deployed in direct support of military activity in a zone of armed conflict or hostility, shall be entitled, upon admittance to a degree program of undergraduate studies at a public institution of higher education as provided in the first paragraph of section 5 to a full waiver for charges due for tuition, mandatory fees and room and board during the period of attendance, subject to any restrictions set forth in this section.
A waiver for room and board under this section shall only be allowed for any period that the child is enrolled as a full-time student at a qualifying public institution. No child shall receive a waiver under this section if he has been awarded a degree previously from a public or private college, university or other institution of higher learning or if, during his attendance at a qualifying public institution after receiving a waiver, he fails to maintain satisfactory academic progress or if the deceased parent was not a resident of the commonwealth at the time of entry or continuance into active and full-time military service.
A child who has received a waiver from a qualifying public institution under this section shall not be entitled to a waiver of charges due for more than 1 undergraduate degree program at the institution where the child is enrolled or at another qualifying public institution unless the waiver for such additional degree program has received the prior approval of the board of higher education. Notwithstanding the foregoing, approval by the board shall be not be required for a child who transfers to a different degree program for undergraduate studies at the institution where the child is currently enrolled or transfers to another degree program for undergraduate studies at another qualifying public institution, provided that the child is no longer enrolled in the previously undertaken degree program.
Consistent with the provisions of this section, the board of higher education may establish general guidelines and regulations for the application and administration of waiver benefits at qualifying public institutions of higher learning.
For the purposes of this section, “child” shall be without qualification or limitation as to the person’s age.
SECTION 10. Chapter 18 of the General Laws is hereby amended by striking out section 5G, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-
SECTION 5G. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Claimant", a person who suffers a loss from property damage, accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.
"Date of the loss", the date on which the property damage, accident, illness, injury or other incident occurs.
"Third party", an individual, agency, program, entity or insurer including, but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.
(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as the result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the department the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for public assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only any increase in financial assistance that occurred as a result of the property damage, accident, illness, injury or other incident.
(c) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department may also perfect its right to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.
(d) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.
(e) A claimant shall notify the department in writing within 10 calendar days after commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party.
(f) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance provided under chapter 118. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under said chapter 118, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such moneys, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.
(g) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the department to pursue its rights under this section shall be grounds for termination of benefits.
(h) Notwithstanding any general or special law, rule or regulation to the contrary, an insurer doing business in the commonwealth shall provide information requested by the department for use by the agency to recover public assistance benefits under this section.
SECTION 11. Said chapter 18 is hereby further amended by inserting after section 5H the following 2 sections:-
SECTION 5I. Notwithstanding any general or special law to the contrary, eligible recipients of direct cash assistance shall not use direct cash assistance funds held on electronic benefit transfer cards for the purchase of alcoholic beverages or tobacco products. An individual or store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by imprisonment in a jail or house of correction for not more than 2 and one-half years or by a fine of not less than $1,000, or both such fine and imprisonment.
SECTION 5J. Notwithstanding any general or special law to the contrary, whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets or property provided by the department of transitional assistance and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, willfully misapplied, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprisonment in a jail or house of correction for not more than 5 years, or both such fine and imprisonment, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both such fine and imprisonment.
SECTION 12. Section 4C of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 59, the figure “8” and inserting in place thereof the following figure:- 9.
SECTION 13. Said section 4C of said chapter 21A, as so appearing, is hereby further amended by inserting after the word “Commission”, in line 65, the following words:-, 1 of whom shall be a representative of the Nantucket Planning and Economic Development Commission.
SECTION 14. Chapter 25C of the General Laws is hereby amended by inserting after section 6 the following section:
SECTION 6A. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-:
“Internet Protocol enabled service” or “IP enabled service”, service, capability, functionality, or application provided using Internet Protocol, or any successor protocol, that enables an end user to send or receive a communication in Internet Protocol format or any successor format, regardless of technology; provided, however, that no service included within the definition of “Voice over Internet Protocol service” shall be included within this definition.
"Voiceover internet protocol service" or "VoIP Service", service that: (1) enables real time, 2-way voice communications that originate from or terminate to the user’s location in internet protocol or any successor protocol; (2) uses a broadband connection from the user's location; and (3) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
(b) Except as set forth in subsections (c)to (f), inclusive, and notwithstanding any other general or special law to the contrary, no department, agency, commission or political subdivision of the commonwealth, shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP enabled service.
(c) Subsection (b) shall not be construed to affect the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability.
(d) Subsection (b) shall not be construed to affect, mandate or prohibit the assessment of nondiscriminatory enhanced 911 fees or telecommunications relay service fees.
(e) Subsection (b) shall not be construed to modify or affect the rights or obligations of any carrier under sections 47 USC 251 or 47 USC 252.
(f) Subsection (b) shall not be construed to affect or modify any obligations for the provision of video service by any party under applicable law.
SECTION 15. The first paragraph of section 8G of chapter 26 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- A vacancy on the board shall be filled within 60 days from the date of the vacancy.
SECTION 16. Chapter 29 of the General Laws is hereby amended by inserting after section 2AAAA, inserted by section 2 of chapter 169 of the acts of 2009, the following section:-
SECTION 2BBBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Substance Abuse Prevention and Treatment Fund. The fund shall be credited with all sales tax revenues collected from the sale of alcoholic beverages under chapter 64H which are not part of the dedicated sales tax revenue amount described in section 35T or section 35BB of chapter 10. Amounts credited to the fund shall be expended, subject to appropriation, to support substance abuse treatment and prevention services.
SECTION 17. Section 5B of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “laws”, in line 10, the following words:-the transfers of capital gains income tax revenue required by section 5G.
SECTION 18. Said section 5B of said chapter 29, as so appearing, is hereby further amended by inserting after the word “therein”, in line 68, the following words:- , and shall be net of the transfers of capital gains income tax revenue required by section 5G.
SECTION 19. Said chapter 29 is hereby further amended by inserting after section 5F the following section:-
SECTION 5G. The department of revenue shall report by November 30 to the state comptroller, the executive office for administration and finance and the house and senate committees on ways and means tax revenues estimated to have been collected during the preceding fiscal year from capital gains income. After each quarter, the department of revenue shall certify to the state comptroller the amount of tax revenues estimated to have been collected during the preceding quarter from capital gains income. If the department of revenue certifies that the amount of tax revenues estimated to have been collected from capital gains income exceeds $1,000,000,000 in a fiscal year, the comptroller shall transfer quarterly any such amount that exceeds $1,000,000,000 collected during that fiscal year to the Commonwealth Stabilization Fund established by section 2H. This transfer shall be made before the certification of the consolidated net surplus for the previous fiscal year as provided in section 5C. Five per cent of any amount transferred to the Commonwealth Stabilization Fund under this section shall then be transferred from the Commonwealth Stabilization Fund to the State Retiree Benefits Trust Fund established in section 24 of chapter 32A.
SECTION 20. Clause (1) of subsection (c) of section 29F of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by adding the following subclause:-
(x) a violation of federal law prohibiting the employment of unauthorized aliens; or.
SECTION 21. Said chapter 29 is hereby further amended by inserting after section 29I the following section:-
SECTION 29J. Notwithstanding section 50 of chapter 3, or any other general or special law to the contrary, a state agency or state authority shall not use state funds to pay for an executive or legislative agent, as defined in section 39 of said chapter 3, unless the executive or legislative agent is a full-time employee of the state agency or state authority.
SECTION 22. The third paragraph of subsection (c) of section 20 of chapter 30A of the General Laws, as appearing in section 18 of chapter 28 of the acts of 2009, is hereby amended by inserting after the words “attorney general” the following words:– and a duplicate copy of said notice shall be filed with the regulations division of the state secretary’s office.
SECTION 23. The definition of “Regular compensation” in section 1 of chapter 32 of the General Laws, as most recently amended by section 2 of chapter 21 of the acts of 2009, is hereby further amended by inserting after the second paragraph the following paragraph:-
Notwithstanding any provision of this chapter to the contrary, regular compensation for any person who becomes a member after January 1, 2011, shall not include salary, wages or other compensation in whatever form in any calendar year in excess of 64 per cent of the annual limitation that may be imposed under federal law on the amount of compensation that may be taken into account when calculating benefits under plans described in 26 U.S.C. 401(a) including, but not limited to, the applicable limits for any calendar year under 26 U.S.C. 401(a)(17). Faculty, librarians and administrators in public higher education, as well as any physicians employed by the commonwealth who are eligible for the state retirement system, shall not be prohibited from participating in the college retirement equities fund or the optional retirement program by the Teachers Insurance and Annuity Association.
SECTION 24. Said section 1 of said chapter 32 is hereby further amended by striking out, in line 488, as appearing in the 2008 Official Edition, the word “may” and inserting in place thereof the following word:- shall.
SECTION 25. Subdivision (1) of section 11 of said chapter 32 is hereby amended by striking out paragraph (a), as so appearing, and inserting in place thereof the following paragraph:-
A member entitled to a return of the member’s accumulated total deductions as provided for in paragraph (c) or (d) of subdivision (1) of section 4, in subdivision (4) of section 10, in paragraph (b) of subdivision (2) of section 13 or in subdivision (3) of section 25 shall, subject to subdivision (8) of section 3, this section and section 15, be paid in 1 sum the amount of his accumulated total deductions within 60 days after the member’s filing with the board on a prescribed form his written request therefor. For any such member who becomes a member subsequent to January 1, 1984, who voluntarily withdraws from service with creditable service of less than 120 months, the rate of regular interest for purposes of calculating accumulated total deductions shall be 3 per cent. Any other member entitled to return of his accumulated total deduction shall receive 100 per cent of the rate of regular interest payable.
SECTION 26. The second paragraph of subdivision (4) of section 16 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following 2 sentences:- A hearing assigned under this section shall, at the election of a party involving a claim hereunder, be subject to a full evidentiary hearing; provided, however, that such claims may be subject to summary procedure only at the request of any such party; and provided further, that the summary procedure shall be governed by the standard rules promulgated under section 9 of chapter 30A without addition or substitution thereto. The division of administrative law appeals may impose a reasonable administrative fee for the initiation of a claim under this section for the purpose of employing magistrates.
SECTION 27. Section 101 of said chapter 32, as so appearing, is hereby amended by striking out, in line 8, the words “six thousand dollars” and inserting in place thereof the following words:- either $6,000 or, in a retirement system accepting the supplemental annual allowance as provided in this section, $9,000.
SECTION 28. Said section 101 of said chapter 32, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding the previous paragraph, a retirement system may accept a supplemental annual allowance fixed at the rate of $9,000, by a majority vote of the board of each such system, subject to the approval of the legislative body thereof. For the purposes of this section, “legislative body” shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members and, in the case of an authority, the governing body of such authority. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes of this section, the state teachers’ and state employees’ retirement systems shall be deemed to have accepted the supplemental annual allowance provided for by this section.
SECTION 29. Said chapter 32B is hereby further amended by inserting after section 9A the following section:-
SECTION 9A1/2. Whenever a retired employee or beneficiary receives a healthcare premium contribution from a governmental unit in a case where a portion of the retiree’s creditable service is attributable to service in 1 or more other governmental units, the first governmental unit shall be reimbursed in full, in accordance with this paragraph, by the other governmental units for the portion of the premium contributions that corresponds to the percentage of the retiree’s creditable service that is attributable to each governmental unit. The other governmental units shall be charged based on their own contribution rate or the contribution rate of the first employer, whichever is lower.
The treasurer of the first governmental unit shall annually, on or before January 15, upon the certification of the board of the system from which the disbursements have been made, notify the treasurer of the other governmental unit of the amount of reimbursement due for the previous fiscal year and the treasurer of the other governmental unit shall immediately take all necessary steps to insure prompt payment of this amount. In default of any such payment, the first governmental unit may maintain an action of contract to recover the same, but there shall be no such reimbursement if the 2 systems involved are the state employees' retirement system and the teachers' retirement system.
SECTION 30. Section 65D of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “office,”, in line 5, the following words:- and a chief justice or an associate justice of the supreme judicial court.
SECTION 31. Section 19 of chapter 34B of the General Laws, as so appearing, is hereby amended by inserting after the word “date” in line 6, the following words:- ; provided, however, that this section shall not apply to Essex county or an entity managing the contributory retirement system formerly administered by Essex county unless explicitly noted otherwise.
SECTION 32. Paragraph (b) of said section 19 of said chapter 34B, as so appearing, is hereby further amended by striking out clause (6).
SECTION 33. Said chapter 34B is hereby further amended by inserting after section 19 the following section:-
SECTION 19A. (a) The contributory retirement system for Essex county, operating under the terms of sections 1 to 28, inclusive, of chapter 32, shall be known as the Essex regional retirement system and all business shall be transacted under the name of the Essex regional retirement system.
(b) The Essex regional retirement system shall be managed by the Essex regional a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. The board shall consist of 5 members as provided herein:
(1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex regional retirement system for a term of 3 years. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns, units or districts belonging to the Essex regional retirement system. The member town, unit or district weighted vote shall be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. For the purposes of this section, “chief executive or chief administrative officer” shall mean, in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator, in which case it shall mean the chairman of the board of selectmen; in the case of a school district, the superintendent; in the case of a water district, the superintendent; in the case of a veterans’ services entity, the director; in the case of a housing authority, the executive director; in the case of a regional vocational institute, the superintendent; in the case of a mosquito control district, the superintendent; and in the case of a regional retirement board, the chief executive officer; provided, however, that in the case of the Essex regional retirement board, the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. If the first member is not elected within 30 days of the expiration of the previous term, or in the event of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member.
(2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted and specifically calling for such election under subsection (i) and shall serve for a term of 3 years.
(3) The third and fourth members, hereinafter referred to as the elected members, shall be elected by the members in or retired from service of the Essex county retirement system from among persons retired under the system in accordance with subsection (i) and shall serve for a term of 3 years.
(4) The fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years. If the fifth member is not chosen within 30 days of the expiration of the member’s term, or if a vacancy in the office occurs before the end of the term, the public employee retirement administration commission shall appoint the fifth member.
(5) Upon the expiration of the term of office of a member, or in the event of a vacancy, the member’s successor shall be elected for a term of 3 years or for the unexpired portion thereof, as the case may be.
(6) The members of the retirement board shall elect a chairman from among the members.
(c) The members of the Essex regional retirement board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32.
(d) No person shall be both a member of the Essex regional retirement board, or an employee thereof, and registered as a legislative or executive agent, as defined in section 39 of chapter 3. Should a sitting member of the board register as a legislative or executive agent, as so defined, the member’s seat shall be considered vacant.
(e) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission. All permanent employees of the retirement system shall be members of the retirement system.
(f) The retirement board may purchase or lease property, facilities and equipment and employ personnel necessary for the proper administration and transaction of business of the retirement system.
(g) The retirement board and the chairman thereof shall respectively be and act as the board and treasurer-custodian of the system with respect to the employees of any town or district who become members of the system as provided for in paragraphs (b) or (c) of subdivision (3) or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members under corresponding provisions of law. The treasurer or other disbursing officer of any such town or district shall act as a liaison officer between the employees thereof and the board of the system.
(h) There shall be an Essex regional retirement board advisory council which shall consist of all the full-time treasurers, elected or appointed, of each city, town, unit or district in the Essex regional retirement system.
If a city, town, unit or district does not employ a full-time treasurer, the highest ranking, full-time executive employee shall be a member of the Essex regional retirement board advisory council. The members of the advisory council shall elect a chair from among the members. The council shall meet twice annually and at the call of the chair. The council shall supervise and certify the procedures involved in the election of members to the retirement board, as provided in subsections (b) and (i). Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall annually, not later than December 15, specify by written notice to the council and the board the amounts required to be paid from the Pension Fund, the Annuity Reserve Fund, the Special Fund for Military Service Credit and the Expense Fund, as provided in subdivision (7) of section 22 of chapter 32. The regional retirement board advisory council, at a meeting specifically called for the purpose, shall elect 1 of its members, who shall be a member in service in the retirement system, as a member of the regional retirement board at the expiration of the current member's term, as provided in paragraph (2) of subsection (b).
(i) The Essex regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to a member in or retired from service so requesting and shall require that the nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for the nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least 5 active or retired members of the retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after an investigation, the election board determines that a candidate has filed nomination papers containing less than 5 signatures, the election board shall declare the nomination papers invalid and shall notify the candidate of the determination. If, after an investigation, the election board determines that only 1 candidate has filed the requisite number of signatures, the election board shall declare the candidate to be the elected member of the county retirement board. If, after an investigation, the election board determines that more than 1 candidate has obtained the requisite number of valid signatures, the election board shall notify the candidates of the determination and shall immediately prepare election ballots and set the date for an election to be held within 40 days.
The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of 1 candidate, insert the ballot into a ballot envelope and the ballot envelope into the pre-stamped envelope, seal the pre-stamped envelope and mail the envelope to the election board in care of the Essex regional retirement board, within 20 days after they were mailed. An envelope postmarked later than 20 days after the mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all candidates to be present at the tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect the envelopes. Any envelope which has been opened prior to that date or which has not been signed on the rear by the appropriate addressee shall be invalidated and shall not be used to determine the elected member. The election board shall assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from the envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid.
The election board shall notify each candidate in writing of the results of the election. All envelopes and ballots received by the election board, including those determined to be invalid, shall be preserved by the election board for 2 years. The costs incurred by the election board in administering the election shall be paid from the Essex regional retirement system administration fund.
(j) The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits and board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission, shall be borne by the employees and board members and the regional retirement system.
Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to employees and retirees through the Essex regional retirement system; provided, however, that the system is fully reimbursed, in the case of retirees, for the cost of the benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits.
(k) If the public employment retirement administration commission makes a written finding that the retirement board has violated or neglected to comply with chapter 32 or the rules and regulations promulgated by the public employee retirement administration commission, in a manner that substantially impacts the duties or obligations of the board, the commission may appoint a receiver to oversee the retirement board. The receiver shall be authorized to take or refrain from taking any action in order to ensure that the system is managed with reasonable care, skill, prudence and diligence. The action may include, but shall not be limited to, the following: (i) transfer of assets to the PRIT Fund; (ii) removal of a board member; (iii) appointment of a board member; (iv) termination of a contract; (v) approval or denial of retirement benefits; (vi) employment or termination of employees; and, (vii) conduct a fiduciary audit.
SECTION 34. Chapter 55 of the General Laws is hereby amended by inserting after section 18F, inserted by section 43 of chapter 28 of the acts of 2009, the following section:-
SECTION 18G. An independent expenditure or electioneering communication which is transmitted through paid radio, television or internet advertising shall include a statement disclosing the identity of the individual, corporation, group or association paying for the advertisement. If the independent expenditure or electioneering communication is a radio or television advertisement, the advertisement shall include a statement by the individual paying for the advertisement in which the person acknowledges that he paid for the message and his city or town of residence. If the radio or television advertisement is paid for by a corporation, group, association or a labor union, the following statement shall be made by the chief executive officer of the corporation, the chairman or principal officer of the group or association or the chief executive or business manager of a labor union: “I am _________________ (name) the ______________________ (office held) of _____________________ (name of corporation, group, association or labor union) and ______________ (name of corporation, group, association or labor union) approves and paid for this message.” Such statements in television advertisements shall be conveyed by an unobscured, full-screen view of the person making the statement. If an independent expenditure or electioneering communication is transmitted through internet advertising, the statement shall appear in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement.
Whoever violates this section shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $10,000, or both.
SECTION 35. Section 6J of chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 36 and 37, the words “6 year period beginning January 1, 2006, and ending December 31, 2011” and inserting in place thereof the following words:- 12-year period beginning January 1, 2006, and ending December 31, 2017.
SECTION 36. Section 17 of said chapter 62, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) A partner's distributive share of an item of income, loss, deduction or credit shall be determined by the partnership agreement, but the distributive share shall be determined in accordance with the partner’s interest in the partnership, determined by taking into account all facts and circumstances, if: (i) the allocation to a partner under the agreement of income, gain, loss, deduction or credit, or any item thereof, has no substantial economic effect; or (ii) the partnership agreement does not provide as to the partner's distributive share of income, gain, loss, deduction or credit, or item thereof. The partner shall include the distributive share of income, loss, deduction or credit in the partner's return for the taxable year during which or with which the taxable year of the partnership ends. Except as the context otherwise requires and subject to rules or regulations that the commissioner may adopt, the determination of a partner's distributive share shall take into account rules and principles developed under the Code and any regulations promulgated thereunder, and adjusted as required or appropriate to properly reflect income and other tax items for Massachusetts tax purposes.
SECTION 37. Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Building contractor" the following 2 definitions:-
“Administering agency head”, the agency head responsible for administering the applicable state tax credit program; provided, however, that for the brownfields tax credit, the film tax credit and the medical device tax credit, the administering agency shall be the commissioner.
“Authorized tax credit”, a tax credit granted pursuant to a tax credit program.
SECTION 38. Said section 1 of said chapter 62C, as so appearing, is hereby further amended by inserting after the definition of “Promoter” the following definition:-
“Secretary”, the secretary of administration and finance.
SECTION 39. Said section 1 of said chapter 62C, as so appearing, is hereby further amended by adding the following definition:-
“Tax credit program”, (i) the tax credit in subsection (j) of section 6 of chapter 62 and section 38Q of chapter 63; (ii) the dairy farmer tax credit in subsection (o) of said section 6 of said chapter 62 and the dairy farm tax credit in section 38Z of said chapter 63; (iii) the U.S.F.D.A. user fees credit in section 31M of said chapter 63 and subsection (n) of said section 6 of said chapter 62; (iv) the film tax credit in subsection (b) of section 38X of said chapter 63 and subsection (l) of said section 6 of said chapter 62; (v) the historic rehabilitation tax credit in section 38R of said chapter 63 and section 6J of said chapter 62; (vi) the life sciences investment tax credit in section 38U of said chapter 63 and subsection (m) of said section 6 of said chapter 62; (vii) the low-income housing tax credit in section 31H of said chapter 63 and section 6I of said chapter 62; (viii) the medical device tax credit in section 31L of said chapter 63 and section 6 1/2 of said chapter 62; (ix) the refundable research credit in subsection (j) of section 38M of said chapter 63; (x) the economic development incentive program in subsection (g) of said section 6 of said chapter 62 and section 38N of said chapter 63; and (xi) any transferrable or refundable credits under chapter 62 and 63 established after January 1, 2011.
SECTION 40. Said chapter 62Cis hereby further amended by inserting after section 24 the following section:-
SECTION 24A. (a) Members or indirect owners of a pass-through entity shall report items of income, expense or credit derived from the pass-through entity in a manner consistent with the reporting of the pass-through entity, except to the extent that a taxpayer member or indirect owner makes a declaration of inconsistency with its original return.
(b) The commissioner shall establish by regulation unified audit procedures. The commissioner may audit, in a unified proceeding, a pass-through entity 1 or more of whose members or indirect owners are subject to tax under chapters 62 or 63; provided, however, that nothing in this section shall limit the ability of the commissioner to audit or assess individual members or indirect owners with respect to items derived from a pass-through entity. The commissioner’s regulations shall establish the types of pass-through entities subject to unified audit proceedings which may include, but shall not be limited to, partnerships and S corporations. The regulations shall also provide for the designation by the pass-through entity of a tax matters partner who shall have the authority to represent all the members or indirect owners in the unified proceeding, except to the extent that a member or indirect owner opts out of the unified proceeding as provided in subsection (d). The authority of the tax matters partner in a unified proceeding generally shall include, but not be limited to, the following: (i) receiving tax notices on behalf of participating members or indirect owners with respect to pass-through entity items; (ii) entering into settlement agreements with the commissioner under section 37C on behalf of the participating members or indirect owners with regard to pass-through entity items; (iii) filing applications for abatement under section 37 on behalf of the participating members or indirect owners with respect to pass-through entity items; and (iv) filing appeals with the appellate tax board under section 39 on behalf of participating members or indirect owners in the case of a denial of an abatement by the commissioner, if the underlying abatement application relates to pass-through entity items. So far as practicable, the commissioner’s regulations shall be modeled on federal rules.
(c) The statute of limitations for the assessment of tax of a member or indirect owner with respect to a pass-through entity item for an entity's taxable year shall not expire before the latest of: (i) 3 years after the later of the date on which the entity's return for the taxable year was filed or the last day for filing the entity's return for that year, without extensions, or (ii) an assessment period otherwise applicable to the taxpayer member or indirect owner. Subsections (d) and (h) of section 26 shall apply to returns filed by a pass-through entity. In the case of a unified proceeding, the tax matters partner or other person authorized by a pass-through entity may enter into a written agreement with the commissioner under section 27 to extend the statute of limitations for assessment with respect to items of the pass-through entity, in which case such agreement shall operate to extend the statute of limitation for assessment with respect to all members or indirect owners with respect to such items, including any members or indirect owners who may have opted out of the unified proceeding pursuant to subsection (d).
(d) Members or indirect owners of a pass-through entity may choose not to participate in a unified audit procedure by providing notice to the commissioner in such manner as the commissioner may require. Non-participating members or indirect owners shall retain all rights provided under this chapter with respect to determining and disputing tax related to pass-through entity items; provided, however, that the statute of limitations for assessment of tax to non-participating members or indirect owners with respect to items derived from a pass-through entity that is subject to a unified proceeding shall not expire before the end of the time period provided in subsection (c).
SECTION 41. Section 30 of said chapter 62C, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Any person or estate failing to comply with the first paragraph shall be assessed a penalty of 10 per cent of the additional tax found due and such penalty shall become part of the additional tax found due. For reasonable cause shown, the commissioner may, in the commissioner's discretion, abate the penalty in whole or in part.
SECTION 42. Section 30A of said chapter 62C, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Any person failing to comply with subsection (a) shall be assessed a penalty of 10 per cent of the additional tax found due and such penalty shall become part of the additional tax found due. For reasonable cause shown, the commissioner may, in the commissioner's discretion, abate the penalty in whole or in part.
SECTION 43. Section 31A of said chapter 62C is hereby amended by inserting after the figure "62B", in line 4, as so appearing, the following words:- , section 7D of chapter 64C.
SECTION 44. Section 32 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 62, the word “ninetieth” and inserting in place thereof the following word:- sixtieth.
SECTION 45. The first paragraph of paragraph (3) of subsection (e) of said section 32 of said chapter 62C, as so appearing, is hereby amended by adding the following sentence:- For purposes of this paragraph, the date of a decision by the appellate tax board shall be determined without reference to any later issuance of finding of facts and report by the board or to any request for a finding of facts and report.
SECTION 46. Said chapter 62C is hereby further amended by inserting after section 32 the following section:-
SECTION 32A. (a) If an obligation from an installment transaction to which subsections (a) to (c), inclusive, of section 453A of the Code applies is outstanding as of the close of a taxable year, the tax imposed by chapter 62 or 63 for that taxable year shall be increased by the amount of interest equal to the product of the applicable percentage of the deferred tax liability determined under section 453A(c) of the Code, adjusted to reflect differences in, or otherwise to take into account, the tax laws of the commonwealth, including use of the applicable tax rate under said chapter 62 or 63, multiplied by the underpayment rate in effect under subsection (a) of section 32.
(b) In the case of an installment obligation to which section 453(l)(2)(B) of the Code applies, the tax imposed by chapter 62 or 63 for a tax year in which payment on that obligation is received shall be increased by an amount of interest determined as follows: the amount of tax for that taxable year attributable to the payments on installment obligations to which this subsection applies shall be multiplied by the underpayment rate determined under subsection (a) of section 32 in effect at the time of sale, which rate shall be applied for the period beginning on the date of sale and ending on the date that payment is received.
(c) The commissioner may issue rules or regulations analogous to those under sections 453 and 453A of the Code, adjusted to reflect differences in, or otherwise to take into account, the tax laws of the commonwealth.
SECTION 47. Said chapter 62C is hereby further amended by adding the following section:–
SECTION 89. (a) Annually on or before May 15, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year, in this section called the report, which shall be a public record. For purposes of this report, no information shall be used pertaining to credits, exemptions or deductions awarded or claimed prior to January 1, 2011. For the purposes of this section, the taxpayer shall be the initial recipient of an authorized tax credit.
(b) The report shall contain the following information: (i) the identity of each taxpayer receiving an authorized tax credit and from which tax credit program the credit was received; (ii) the amount of the authorized tax credit awarded and issued for each taxpayer and each project, if applicable; and (iii) the date that the authorized tax credit was awarded and issued for each taxpayer and each project.
SECTION 48. Section 38R of chapter 63 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 35 and 36, the words “6 year period beginning January 1, 2006, and ending December 31, 2011” and inserting in place thereof the following words:- 12-year period beginning January 1, 2006, and ending December 31, 2017.
SECTION 49. Chapter 64C of the General Laws is hereby amended by inserting after section 7C the following section:-
Section 7D. A person who fails to pay to the commissioner any sum required to be paid under this chapter shall be personally and individually liable therefor to the commonwealth. For the purposes of this section, "person" shall include, but not be limited to, an officer or employee of a corporation or a member or employee of a partnership or limited liability company who, as such officer, employee or member, is under a duty to pay over the taxes imposed by this chapter.
SECTION 50. Section 23 of chapter 64H of the General Laws is hereby repealed.
SECTION 51. Subsection (ff) of section 89 of chapter 71 of the General Laws, as appearing in section 7 of chapter 12 of the acts of 2010, is hereby amended by adding the following paragraph: -
In the event of a charter school closing or eliminating grade levels as required by the board, the school district shall retain chapter 70 allotments for the students who attended those grade levels in the previous year.
SECTION 52. Subsection (b) of section 91 of said chapter 71, as appearing in section 65 of chapter 27 of the acts of 2009, is hereby amended by striking out the words “chapter 70 per pupil allotment” and inserting in place thereof the following words:- foundation budget per pupil.
SECTION 53. Chapter 71B of the General Laws is hereby amended by inserting after section 2 the following section:-
Section 2A. (a) There shall be a bureau of special education appeals which shall provide adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between and among parents, school districts, private schools and state agencies concerning: (i) any matter relating to the identification, evaluation, education program or educational placement of a child with a disability or the provision of a free and appropriate public education to the child arising under this chapter and regulations promulgated hereunder or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its regulations; or (ii) a student’s rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division of administrative law appeals. The methods of alternative dispute resolution that may be provided by the bureau of special education appeals shall include those conducted by hearing officers including, without limitation, settlement conferences and advisory opinion procedures to facilitate efficient resolution of disputes for which a hearing has been requested before the bureau of special education appeals. The bureau shall be maintained and operated as a separate subdivision of the division of administrative law appeals and shall be independent of the department of elementary and secondary education. The division of administrative law appeals shall provide the following administrative support functions to the bureau on an integrated basis with the same administrative support functions of the division to the extent agreed upon in, and paid for pursuant to, the memoranda of understanding entered into under subsection (d): personnel administration; finance; facility operations; technology support; and clerical support.
The bureau shall be administered by a full-time director of special education appeals who shall be appointed by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education, and who shall report to the chief administrative magistrate. The director of special education appeals shall have operational authority over the bureau and all hearing officers and mediators, except as otherwise provided in this section. The chief administrative magistrate shall supervise the director. The director shall be an attorney with extensive knowledge and experience in the areas of litigation, administrative law and special education law. Before hiring a director, the chief administrative magistrate shall provide a reasonable opportunity for an interview committee consisting of not more than 5 of the bureau’s hearing officers and mediators to interview finalists for the position and provide feedback to the chief administrative magistrate on such finalists. The chief administrative magistrate, hearing officers and mediators shall ensure that the names of all candidates are kept confidential.
The chief administrative magistrate and director shall ensure that the bureau and its hearing officers and mediators comply with the minimum standards established under laws, regulations and division policies as provided herein. The chief administrative magistrate and director shall have all powers necessary and proper for carrying out these responsibilities. Any decision to terminate the employment of the director shall be made by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education. The chief administrative magistrate and the director shall meet regularly to review the management and administration of the bureau, including compliance with federal timelines, quality standards, personnel and issues that arise with respect to the matters covered in the memorandum of understanding entered into pursuant to said subsection (d).
The department of elementary and secondary education shall retain responsibility for general supervision of the bureau as specified in and consistent with the Individuals with Disabilities Education Act, 20 U.S.C. sections 1400 et seq., and shall ensure compliance of the dispute resolution system with the federal act. The department shall perform all oversight necessary for carrying out these responsibilities. The department of elementary and secondary education may request and shall receive periodic reports necessary to respond to the reporting requirements regarding hearings and mediations of the federal act.
The board of elementary and secondary education may issue regulations establishing minimum standards for the dispute resolution system for special education, including minimum standards for the qualifications, competence and impartiality of hearing officers and mediators, and such other standards and requirements as necessary to ensure compliance with all applicable federal laws and regulations and quality standards. The director of special education appeals, in consultation with the chief administrative magistrate, may issue such rules and procedures as are necessary to carry out the bureau’s functions; provided, however, that the director shall consult with the commissioner prior to the issuance of any such rules and procedures; and provided further, that all rules and procedures shall be consistent with applicable statutes, the board’s regulations and the division of administrative law appeal’s policies.
(b) The division of administrative law appeals shall protect the confidentiality of any personally identifiable data, information and records collected or maintained by the bureau consistent with the Individuals with Disabilities Education Act and other applicable state and federal laws and regulations.
(c) Hearing officers shall be hired by the director under the direction and supervision of the chief administrative magistrate. Hearing officers shall be knowledgeable and experienced attorneys who meet the qualifications and criteria set forth in 34 C.F.R. section 300.511(c) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and the board of elementary and secondary education regulations. Mediators shall be hired by the director under the direction and supervision of the chief administrative magistrate. Mediators shall be knowledgeable and skilled and meet the qualifications and criteria set forth in 34 C.F.R. section 300.506(b) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and board regulations. Those employees shall work exclusively on matters within the bureau’s jurisdiction. The director shall not assign matters subject to the jurisdiction of the bureau to non-bureau hearing officers or other employees of the division; provided, however, that the director may, on a temporary basis, assign matters to hearing officers or mediators outside the bureau if necessary due to temporary caseload increases or temporary absences of bureau staff; provided further, that any such outside hearing officer or mediator shall meet the same standards and qualifications as required for bureau staff and shall only be assigned special education cases for the duration of such temporary assignment; provided further, that such temporary assignment shall not be for more than 6 months and the director shall make every effort to hire additional hearing officers and mediators if necessary to avoid assignment of matters to hearing officers or mediators outside the bureau; and provided further, that any such temporary assignments shall be reported to the bureau of special education appeals advisory council at least every 6 months.
(d) The commissioner of elementary and secondary education and the chief administrative magistrate of the division of administrative law appeals shall enter into a memorandum of understanding which may be amended from time to time. The director of special education appeals shall participate in the negotiations with regard to the memorandum and the commissioner and the chief administrative magistrate shall consider and make all reasonable efforts to incorporate the director’s views in entering into the memorandum. The memorandum shall include, but not be limited to, the budget and staffing for the bureau; the range of dispute resolution options that the bureau will offer, including protocols and procedures to encourage prehearing dispute resolution; the allocation of the division’s administrative support costs; the transfer of books, papers, records, documents and equipment from the department to the division; the transfer of outstanding contracts and obligations related to the bureau’s activities from the department to the division; and the establishment of performance standards and measures for the bureau’s activities. The department shall annually enter into an interagency service agreement with the division whereby the department shall provide funding for the bureau’s operations as set forth in section 4H of chapter 7 and the memorandum.
(e) There shall be a bureau of special education appeals advisory council to consist of 1 person to be appointed by the speaker of the house of representatives and 1 person to be appointed by the president of the senate who shall act as co-chairs; 1 person designated by the Massachusetts Association of School Superintendents; 1 person designated by the Massachusetts Association of School Committees; 1 person designated by the Massachusetts Association of Special Educators; 1 person designated by the Federation for Children with Special Needs; 1 person designated by the Disability Law Center; and 1 person designated by the Massachusetts Advocates for Children. Pursuant to the department’s responsibilities for the general supervision of the bureau, the commissioner of elementary and secondary education or his designee shall participate in meetings of the council. The council’s duties shall include, but not be limited to, providing advice and feedback to the chief administrative magistrate of the division of administrative law appeals, the director of special education appeals and the commissioner of elementary and secondary education with respect to the bureau’s performance in providing for the fair and timely resolution of disputes under federal and state laws governing special education, matters related to the memorandum of understanding entered into by the chief administrative magistrate and the commissioner with the input of the director, compliance data, the range and types of alternative dispute resolution mechanisms, mechanisms and resources for providing trainings, hearing and mediation data, mechanisms for improving access for pro se parents and outreach to families who are non-English speaking and mechanisms to ensure that the bureau is appropriately maintained and operated both as a separate subdivision of the division and independent of the department.
SECTION 54. Section 3 of said chapter 71B is hereby amended by inserting after the word “hearings”, in line 218, as appearing in the 2008 Official Edition, the following words:- through the bureau of special education appeals.
SECTION 55. Section 44 of chapter 75 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 5, the word “shall” and inserting in place thereof the following word:- may.
SECTION 56. Section 19C of chapter 78 of the General Laws, as so appearing, is hereby amended by striking out clause (2).
Governor disapproved the following section for message see H4840
The Legislature overrode the Governor's veto
SECTION 57. Paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws is hereby amended by striking out the first paragraph, as amended by section 73 of chapter 27 of the acts of 2009, and inserting in place thereof the following paragraph:-
A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue.
SECTION 58. Chapter 111 of the General Laws is hereby amended by inserting after section 5A the following section:–
SECTION 5A½. There is hereby established and set up on the books of the commonwealth a separate trust fund to be known as the Emergency Stockpile Trust Fund for the purpose of effectively facilitating emergency management and pandemic preparedness in accordance with section 5A. The fund shall consist of monies collected pursuant to this section and any income derived from the investing of amounts credited to the fund. The department shall accept monies from municipalities, counties, healthcare facilities and other entities for the purpose of participating in federal contracts under 42 U.S.C. §247d-6b and made available to states under 42 U.S.C. §247d-3a. The department shall oversee the distribution of the funds and shall ensure that the distribution complies with the commonwealth’s emergency management plan. All monies deposited into the fund shall be expended on behalf of the contributing municipalities, counties or healthcare facilities for the purchase of health care products and supplies needed for the purposes set forth in the commonwealth’s comprehensive emergency management plan and made available under contracts accessible to the commonwealth under 42 U.S.C. §247d-3a and to support any reasonable and necessary administrative costs incurred by the department in managing the purchase of such products and supplies or otherwise overseeing the distribution of monies deposited into the fund. All monies deposited into the fund shall be expended exclusively for the purposes set forth in this section.
SECTION 59. Section 5K of said chapter 111, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 67, the figure “$90,000” and inserting in place thereof the following figure:- $180,000.
SECTION 60. Said chapter 111 is hereby further amended by inserting after 24L the following section:-
SECTION 24M. The department shall establish, maintain and operate a computerized immunization registry. The immunization registry shall record immunizations and immunization history with identifying information and shall include appropriate controls to protect the security of the system and the privacy of the information.
The department shall promulgate rules and regulations to implement the immunization registry.
Licensed health care providers administering vaccinations shall discuss the reporting procedures of the immunization registry with the persons receiving the vaccinations and their parents or guardians, when appropriate, and advise them of their right to object to the disclosure of such information as set forth in this section.
Notwithstanding any restrictions set forth in section 24B and chapter 46, upon receipt of an initial birth record for a newborn, the state registrar of vital statistics shall transmit to the immunization registry the information regarding immunizations administered to a newborn and such other information transmitted with the birth record that the department determines to be the minimum necessary for the effective operation of the registry.
All licensed health care providers practicing who administer immunizations shall report to the immunization registry such data related to immunizations as the department determines is necessary for disease prevention and control.
Immunization information shall only be released from the immunization registry to the following individuals and agencies without further express consent of the individual or the individual’s parent or guardian if the individual is a minor, unless the individual or the parent or guardian objects to such disclosure: (1) licensed health care providers providing direct care to the individual patient; (2) elementary and secondary school nurses and registration officials who require proof of immunization for school enrollment and disease control; (3) local boards of health for disease prevention and control; (4) Women Infants and Children, or WIC, nutrition program staff who administer WIC benefits to eligible infants and children; and (5) staff of state agencies or state programs whose duties include education and outreach related to the improvement of immunization coverage rates among their clients.
The department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Authorized users, including employees of the department, who in good faith disclose or refuse to disclose information to the immunization registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of such information. The department may revoke access privileges for just cause.
Persons authorized by the commissioner may conduct research studies pursuant to section 24A; provided, however, that the researcher shall submit a written request for information and shall execute a research agreement that protects the confidentiality of the information provided.
The department may enter into collaborative agreements with registries of other states and exchange individual or group information provided that maximum protections are afforded the confidentiality of citizens of the commonwealth in accordance with state law.
Information contained in the immunization registry shall be confidential, shall not constitute a public record and shall not otherwise be disclosed except in accordance with this section. Such confidential information shall not be subject to subpoena or court order, and shall not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or person.
The department shall establish procedures that allow for an individual or, if the individual is a minor, then the individual’s parent or guardian to amend incorrect information in the immunization registry and shall provide, upon request, a record of all individuals and agencies that have accessed an individual’s information.
SECTION 61. Said chapter 111 is hereby further amended by striking out section 62K, as so appearing, and inserting in place thereof the following section:-
SECTION 62K. The trustees shall be a corporation for the purpose of taking and holding, by them and their successors, in the name of the commonwealth, and in accordance with the terms thereof, any grant or devise of land, bequest of personal property or money or other funds, whether income or principal and whether acquired by gift or contribution or otherwise made, or generated by the trustees for the use or benefit of the school, its students, former students or graduates or any association thereof. Consistent with this purpose, the trustees shall have all the powers permitted a nonprofit corporation under Massachusetts law and an exempt organization described in section 501(c)(3) of the federal Internal Revenue Code, including among others, the power to employ such agencies as they may from time to time determine to be wise and proper for the administration of the funds, and from funds received or the income thereof, to pay such expenses as may be necessary for the administration of these funds, or may, with notification to the governor or council, delegate any powers conferred by this section upon any such company or corporation. In the use, management and administration of such funds, the trustees or their agents shall in their discretion act as most effectively to benefit the school, its students or graduates or any association thereof. No trustee shall be answerable for the default or neglect of any co-trustee, or of any agent employed hereunder, or of any corporation to which power is delegated or transferred as herein authorized.
SECTION 62. Said chapter 111 is hereby further amended by inserting after section 121A the following section:–
SECTION 121B. Notwithstanding any general or special law to the contrary, the department, in consultation with the board of registration in medicine, shall promulgate regulations authorizing a physician, physician assistant, nurse practitioner or certified nurse midwife who is authorized under chapter 94C to prescribe and dispense prescription drugs and who diagnoses infections due to Chlamydia trachomatis in individual patients, to prescribe and dispense such prescription drugs to a patient’s sexual partners for the presumptive treatment of Chlamydia infection without an examination of the patient’s sexual partners.
SECTION 63. Section 150A of said chapter 111, as appearing in the 2008 Official Edition, is hereby amended by striking out the fifth paragraph.
SECTION 64. Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out, in line 71, the words “thirty days of the receipt of the department’s report” and inserting in place thereof the following words:- 60 days of receipt of said application.
SECTION 65. Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out, in line 79, the words “department’s report” and inserting in place thereof the following words:- local board of health.
SECTION 66. Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out the tenth and eleventh paragraphs and inserting in place thereof the following 2 paragraphs:-
No facility, except a refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department, shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the department and the department has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. A refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department shall not be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the board of health in the city or town in which the facility is located and such board of health has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. Within 120 days after the department or board of health, as appropriate, has determined that the operating plans, specifications and reports are complete, the department or board of health shall make a decision granting or refusing to grant a permit. The permit, whether issued by the department or board of health, may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect the public health, promote reuse, waste reduction and recycling, extend the useful life of the facility or reduce its environmental impact.
A decision by the department or a board of health, as appropriate, granting or refusing to grant a permit shall be in writing and shall contain findings with regard to criteria established by the department. A person aggrieved by the action of the department in granting or refusing to grant such permit may appeal that decision pursuant to section 14 of chapter 30A. For the limited purposes of that appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding. A person aggrieved by the decision of a local board of health in granting or refusing to grant a permit for a refuse transfer station may, within 30 days after the publication of notice of such decision, appeal under said section 14 of said chapter 30A. For the limited purposes of that appeal, the board of health shall be deemed to be a state agency under said chapter 30A and its proceedings and decision shall be deemed to be a final decision in an adjudicatory proceeding.
SECTION 67. Chapter 112 of the General Laws is hereby amended by inserting after section 12CC the following section:-
SECTION 12DD. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Long-term antibiotic therapy”, the administration of oral, intramuscular or intravenous antibiotics singly or in combination, for periods of time in excess of 4 weeks.
“Lyme disease”, the clinical diagnosis of a patient by a physician licensed under section 2 of the presence of signs or symptoms compatible with acute infection with Borrelia burgdorferi; late stage, persistent or chronic infection with Borrelia burgdorferi; complications related to such infection; or with such other strains of Borrelia that become identified or recognized by the National Centers for Disease Control and Prevention as a cause of Lyme disease; provided, however, that “Lyme disease” shall also include an infection that meets the surveillance criteria set forth by the National Centers for Disease Control and Prevention and a clinical diagnosis of Lyme disease that does not meet the National Centers for Disease Control and Prevention surveillance criteria but presents other acute and chronic signs or symptoms of Lyme disease as determined by the treating physician; and provided further, that clinical diagnosis shall be based on knowledge obtained through medical history and physical examination only or in conjunction with testing that provides supportive data for such clinical diagnosis.
(b) A licensed physician may prescribe, administer or dispense long-term antibiotic therapy for a therapeutic purpose to eliminate infection or to control a patient’s symptoms upon making a clinical diagnosis that the patient has Lyme disease or displays symptoms consistent with a clinical diagnosis of Lyme disease, if such clinical diagnosis and treatment are documented in the patient’s medical record by the prescribing licensed physician.
SECTION 68. Chapter 117A of the General Laws is hereby amended by striking out sections 9 and 10, as appearing in the 2008 Official Edition, and inserting in place thereof the following 2 sections:-
SECTION 9. The department shall provide for the decent final disposition of all deceased persons who are at the time of death recipients of aid or assistance under this chapter, all deceased persons who, although without means of support at the time of death, did not apply for such aid or assistance and all unknown persons found dead. The expense thereof may be recovered from their kindred, if any, chargeable by law for their support in the manner provided in this chapter and if the expense of the funeral and final disposition is not paid by the kindred, an amount not exceeding $1,100 shall be paid by the commonwealth to the funeral establishment; provided, however, that the commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.
SECTION 10. In case of the decease of a poor and indigent person, the commonwealth shall pay toward the expense of the funeral and final disposition of such person a sum not exceeding $1,100 to the funeral establishment; provided, however, that the commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.
SECTION 69. Section 2 of chapter 118 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting place thereof the following paragraph:-
The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to the funeral establishment if there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient.
SECTION 70. Chapter 118A of the General Laws is hereby amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-
Section 7. The department shall provide to aged and disabled residents under this chapter a program of social services as set forth in section 2 of chapter 18. In addition to any other benefits authorized by this chapter, the department may provide to such residents grants of assistance in cases of fire, flood or other disaster. The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to a funeral establishment if there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient.
Governor disapproved the following section for message see H4840
SECTION 71. Section 9A of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(17) Children who are deemed eligible for medical benefits pursuant to clauses (a) to (c), inclusive, of subsection (2) shall continue to be eligible for assistance for a period not to exceed 12 months or until the child’s annual eligibility review determines that the child is no longer eligible for assistance, whichever first occurs, if the child would otherwise be determined ineligible due to excess countable income but otherwise remains eligible. Nothing in this paragraph shall require continued eligibility for an individual age 19 or older.
SECTION 72. Said chapter 118E is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-
SECTION 22. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Claimant", a person who suffers a loss from accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.
"Date of the loss", the date on which the accident, illness, injury or other incident occurs.
"Third party", an individual, agency, program, entity or insurer including, but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.
(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as a result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the executive office of health and human services the total of medical assistance benefits provided from monies allocated in the payment, settlement or compromise of claim or action, court award or judgment for medical expenses. Where the amount allocated to past medical expenses is insufficient to satisfy the executive office's claim for full recovery of medical assistance benefits paid, the executive office may assert its claim and recover from any allocation for future medical expenses.
(c) If a payment, settlement or compromise of claim or action, court award or judgment fails to specify what portion of the payment, settlement or compromise of claim or action, court award or judgment is in payment of medical expenses, there shall be a presumption that the payment, settlement or compromise of claim or action, court award or judgment applies first to the medical expenses incurred by the claimant in an amount equal to the medical assistance benefits paid.
(d) The executive office of health and human services may dispute any allocation for medical damages that results in less than full recovery of medical assistance benefits paid and have a hearing before a court of competent jurisdiction on the allocation of damages either prior to or after disbursement of payment by the third party. The executive office shall not be precluded from enforcing its recovery rights from any payment, settlement or compromise of claim or action, court award or judgment that excludes the cost of medical assistance benefits paid. Notwithstanding this section or any other general or special law to the contrary, if a claimant received medical assistance through a managed care organization, the executive office may recover the amount that the managed care organization paid for medical services provided.
(e) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the division of health care finance and policy the costs attributable to services provided to the claimant that were paid by the Health Safety Net Trust Fund established in section 36 of chapter 118G.
(f) When a claimant or a claimants’ heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the department of transitional assistance the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for financial assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only the increase in financial assistance that occurred as a result of the accident, illness, injury or other incident.
(g) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department of transitional assistance, the executive office of health and human services and the division of health care finance and policy may also perfect their rights to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.
(h) If the monies available for repayment are insufficient to satisfy in full any competing claims of the executive office of health and human services, the division of health care finance and policy and the department of transitional assistance, then each shall be entitled to its respective pro rata share of the monies that are available.
(i) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.
(j) A claimant, or if represented by counsel, the claimant's attorney, shall, within 10 calendar days, notify the executive office of health and human services in writing upon engaging in recovery activity including, but not limited to, making an insurance claim or sending a demand letter and upon commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party. No settlement, compromise, judgment or award or any recovery in any claim or action shall be made final without first providing the executive office of health and human services, the division of health care finance and policy and the department of transitional assistance with written notice and a reasonable opportunity to intervene or otherwise perfect their rights to recovery.
(k) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance or services provided under this chapter, chapters 118 or 118G. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under this chapter or said chapters 118 or 118G, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such monies, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.
(l) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the executive office to pursue its rights under this section shall be grounds for termination of benefits.
(m) Notwithstanding any general or special law or rule or regulation to the contrary, a third party shall provide information requested by the executive office of health and human services, the department of transitional assistance and the division of health care finance and policy for use by those agencies to recover payments for public assistance benefits or services under this section, section 5G of chapter 18 and section 39 of chapter 118G.
SECTION 73. Chapter 118E of the General Laws is hereby amended by inserting after section 47 the following section:-
SECTION 47A. Benefits for individuals age 19 or older for any program established pursuant to this chapter or chapter 118H shall be available only to otherwise eligible individuals who provide satisfactory documentation that they are lawfully present in the United States, including persons permanently residing in the United States under color of law, or to individuals who establish that they meet all applicable federal requirements necessary to qualify for benefits for which the commonwealth receives federal reimbursement under Title XIX and Title XXI of the Social Security Act, including any demonstration program under section 1115 of the Social Security Act.
SECTION 74. Section 1 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out the definition of "Critical access services".
SECTION 75. Said section 1 of said chapter 118G, as so appearing, is hereby further amended by striking out, in line 97, the words "emergency, urgent, and critical access".
SECTION 76. The second paragraph of section 2 of said chapter 118G, as so appearing, is hereby amended by adding the following sentence:– The division shall make available actual costs of health care services, as supplied by each provider, to the general public in a conspicuous manner on the division’s official website.
SECTION 77. Section 6 of said chapter 118G is hereby amended by inserting after the third paragraph, as so appearing, the following paragraph:-
The division shall ensure the timely reporting of information required under this section. The division shall notify payers of any applicable reporting deadlines. The division may assess penalties against any private health care payer that fails to meet a reporting deadline. The division shall notify, in writing, a private health care payer that it has failed to meet a reporting deadline and that failure to respond within 2 weeks of the receipt of the notice may result in penalties. A payer that fails, without just cause, to provide the requested information within 2 weeks following receipt of the written notice required under this paragraph may be assessed a penalty of up to $1,000 per week for each week of delay after the 2 week period following the payer’s receipt of the written notice; provided, however, that the maximum annual penalty against a private payer under this section shall be $50,000. Amounts collected pursuant to this section shall be deposited in the General Fund.
SECTION 78. Section 34 of said chapter 118G, as so appearing, is hereby amended by striking out the definition of "Critical access services".
SECTION 79. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the definition of "Health services" the following definition:-
"Managed care organization", a managed care organization, as defined in 42 CFR 438.2, and any eligible health insurance plan, as defined in section 1 of chapter 118H, that contracts with MassHealth or the commonwealth health insurance connector authority; provided, however, that “managed care organization” shall not include a senior care organization, as defined in section 9D of chapter 118E.
SECTION 80. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word “basis”, in lines 83 and 84, the following words:- ; provided further, that “payments subject to surcharge” shall include payments made by a managed care organization on behalf of: (i) Medicaid recipients under age 65; and (ii) enrollees in the commonwealth care health insurance program.
SECTION 81. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by striking out, in lines 107 and 108, the words "emergency, urgent and critical access".
SECTION 82. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word “shall”, in line 122, the following words:- include a managed care organization; and provided further, that “surcharge payor” shall.
SECTION 83. Subsection (a) of section 36 of said chapter 118G, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The purposes of the fund shall be: (i) to maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents; and (ii) to support a portion of the costs of the Medicaid program under chapter 118E and the commonwealth care health insurance program under chapter 118H.
SECTION 84. Said section 36 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word "hospitals", in line 29, the following words:- ; and provided further, that any amounts collected from surcharge payors in any year in excess of $160,000,000, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid and commonwealth care health insurance programs.
SECTION 85. Subsection (a) of section 38 of said chapter 118G, as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:- The office shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate payments subject to the surcharge, excluding projected annual aggregate payments based on payments made by managed care organizations. The office shall determine the surcharge percentage before the start of each fund fiscal year and may redetermine the surcharge percentage before April 1 of each fund fiscal year if the office projects that the initial surcharge percentage established the previous October will produce less than $150,000,000 or more than $170,000,000 in surcharge payments, excluding payments made by managed care organizations.
SECTION 86. Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) The department may pay to a funeral establishment a sum not to exceed $1,100 for the funeral and final disposition of a child in its care if there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the child.
SECTION 87. Section 10 of chapter 119A of the General Laws, as so appearing, is hereby amended by inserting after the figure “10A”, in line 14, the following words:- and on child support services authorized pursuant to Title IV, Part D of the Social Security Act.
SECTION 88. Section 11 of said chapter 119A, as so appearing, is hereby amended by inserting after the word “fund”, in line 7, the following words:- and from the child support penalties account.
SECTION 89. The General Laws are hereby amended by inserting after chapter 120 the following chapter:-
CHAPTER 120A
INTERSTATE COMPACT ON JUVENILES
SECTION 1. The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and, in so doing, have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and, in so doing, have left their state of residence. The compacting states also recognize that Congress, by enacting 4 U.S.C. section 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (i) ensure that adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (ii) ensure that the public safety interests of citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (iii) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (iv) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) provide for the effective tracking and supervision of juveniles; (vi) equitably allocate the costs, benefits and obligations of the compacting states; (vii) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (viii) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (ix) establish procedures to resolve pending charges against juvenile offenders prior to transfer or release thereof to the community under the terms of this compact; (x) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators; (xi) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (xii) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (xiii) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
SECTION 2. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:
“By–laws”, those by-laws established by the interstate commission for its governance or for directing or controlling its actions or conduct.
“Compact administrator”, the individual in each compacting state responsible for the administration and management of such state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
“Compacting state”, any state which has enacted the enabling legislation for this compact.
“Commissioner”, the voting representative of each compacting state appointed pursuant to section 3.
“Court”, any court having jurisdiction over delinquent, neglected or dependent children.
“Deputy compact administrator”, the individual, if any, in each compacting state appointed to act on behalf of a compact administrator, pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
“Interstate commission”, the interstate commission for juveniles created by section 3.
“Juvenile”, any person defined as a juvenile in any member state or by the rules of the interstate commission, including:
(1) “Accused delinquent”, a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) “Adjudicated delinquent”, a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) “Accused status offender”, a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) “Adjudicated status offender”, a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) “Non-offender”, a person in need of supervision who has not been accused or adjudicated a status offender or a delinquent.
“Non-compacting state”, any state which has not enacted the enabling legislation for this compact.
“Probation or parole”, any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
“Rule”, a written statement by the interstate commission adopted pursuant to section 4 that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission, and has the force and effect of statutory law in a compacting state and includes the amendment, repeal or suspension of an existing rule.
“State”, a state of the United States, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.
SECTION 3. (a) The compacting states hereby create the interstate commission for juveniles. The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from a state who shall serve on the interstate commission in such capacity pursuant to the applicable law of such compacting state.
(c) In addition to the commissioners, who shall be the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials and crime victims. All non-commissioner members of the interstate commission shall be ex-officio members. The interstate commission may provide in its by-laws for such additional ex-officio members, including members of other national organizations, in such numbers as shall be determined by the commission.
(d) Each compacting state represented at any meeting of the commission shall be entitled to 1 vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the interstate commission.
(e) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(f) The interstate commission shall establish an executive committee, which shall include commission officers, members and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking power or power to amend the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff; administer enforcement and compliance with the compact, its by-laws and rules; and perform such other duties as directed by the interstate commission or set forth in the by-laws.
(g) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state; provided, however, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of such commissioner from that state, to cast a vote on behalf of such compacting state at a specified meeting. The by-laws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.
(h) The interstate commission’s by-laws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests.
(i) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public if it determines, by two-thirds vote, that an open meeting would be likely to:
(1) relate solely to the interstate commission’s internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclose trade secrets or commercial or financial information which is privileged or confidential;
(4) involve accusing any person of a crime or formally censuring any person;
(5) disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) disclose investigative records compiled for law enforcement purposes;
(7) disclose information contained in, or related to, examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission relative to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
(9) specifically relate to the interstate commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.
(j) For every meeting closed pursuant to this section, the interstate commission’s legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemption. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes.
(k) The interstate commission shall collect standardized data relative to the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
SECTION 4. The commission shall have the following powers and duties:
(1) to provide for dispute resolution among compacting states;
(2) to promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) to oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules adopted by the interstate commission;
(4) to enforce compliance with the compact provisions, the rules adopted by the interstate commission and the by-laws, using all necessary and proper means including, but not limited to, the use of judicial process;
(5) to establish and maintain offices which shall be located within 1 or more of the compacting states;
(6) to purchase and maintain insurance and bonds;
(7) to borrow, accept, hire or contract for services of personnel;
(8) to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee, as required by section 3, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;
(9) to elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel;
(10) to accept donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of the same;
(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;
(12) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(13) to establish a budget and make expenditures and levy dues as provided in section 11;
(14) to sue and be sued;
(15) to adopt a seal and by-laws governing the management and operation of the interstate commission;
(16) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states relative to the activities of the interstate commission during the preceding year, including any recommendations that may have been adopted by the interstate commission;
(18) to coordinate education, training and public awareness relative to the interstate movement of juveniles for officials involved in such activity; and
(19) to establish uniform standards of the reporting, collecting and exchanging of data.
The interstate commission shall maintain its corporate books and records in accordance with the by-laws.
SECTION 5. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:
(1) establishing the fiscal year of the interstate commission;
(2) establishing an executive committee and such other committees as may be necessary;
(3) providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;
(4) providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting;
(5) establishing the titles and responsibilities of the officers of the interstate commission;
(6) providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;
(7) providing “start-up” rules for initial administration of the compact; and
(8) establishing standards and procedures for compliance and technical assistance in carrying out the compact.
SECTION 6. (a) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission but, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(b) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.
SECTION 7. (a) The commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities except that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. Nothing in this section shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(c) The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, unless the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(d) The interstate commission shall indemnify and hold the commissioner of a compacting state or the commissioner's representatives or employees and the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
SECTION 8. (a) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate, consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding, as of the date specified, as published with the final version of the rule as approved by the commission.
(c) When promulgating a rule, the interstate commission shall, at a minimum:
(1) publish the proposed rule's entire text, stating the reasons for such proposed rule;
(2) allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;
(3) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and
(4) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.
(d) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the interstate commission’s principal office is located for judicial review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this section, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.
(e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
(f) The existing rules governing the operation of the interstate compact on juveniles superseded by this chapter shall be null and void 12 months after the first meeting of the interstate commission.
(g) Upon determination by the interstate commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, but the rulemaking procedures provided hereunder shall be retroactively applied to such rule as soon as reasonably possible, but not later than 90 days after the effective date of the emergency rule.
SECTION 9. (a) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. This compact, and the rules adopted thereby, shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state relative to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
SECTION 10. (a) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities relative to compliance with the compact and its by-laws and rules.
(b) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in section 16.
SECTION 11. (a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs such assessment.
(c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its by-laws; provided, however, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
SECTION 12. Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least 1 representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state shall retain the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy relative to such state’s participation in interstate commission activities and other duties as may be determined by such state including, but not limited to, development of policy relative to operations and procedures of the compact within such state.
SECTION 13. (a) Any state, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands as defined in section 2 shall be eligible to become a compacting state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by not less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by such state. The governors of non-member states or their designees shall be invited to participate in the activities of the interstate commission, on a non-voting basis, prior to adoption of the compact by all states and territories of the United States.
(c) The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
SECTION 14. (a) Once effective, the compact shall continue in force and remain binding upon each compacting state but a compacting state may withdraw from the compact by repealing the statute which enacted the compact into law in such state.
(b) The effective date of withdrawal shall be the effective date of the repeal.
(c) The withdrawing state shall immediately notify the chairperson of the interstate commission, in writing, upon the introduction of legislation repealing the compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.
(d) The withdrawing state shall be responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
SECTION 15. (a) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly adopted rules, the interstate commission may impose any or all of the following penalties:
(1) remedial training and technical assistance as directed by the interstate commission;
(2) alternative dispute resolution;
(3) fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; and
(4) suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. Grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws or duly adopted rules and any other grounds designated in interstate commission by-laws and rules. The interstate commission shall immediately notify the defaulting state, in writing, of the penalty imposed by the interstate commission and of the default, pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure the default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination of membership.
(b) Within 60 days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature and the state council of such termination.
(c) The defaulting state shall be responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(d) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon, in writing, between the interstate commission and the defaulting state.
(e) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
SECTION 16. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district wherein the interstate commission offices are located, to enforce compliance with the compact, its duly adopted rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.
SECTION 17. (a) The compact shall dissolve effective on the date of the withdrawal or default of the compacting state, which reduces membership in the compact to 1 compacting state.
(b) Upon the dissolution of this compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded. Any surplus funds of the interstate commission shall be distributed in accordance with the by-laws.
SECTION 18. (a) The provisions of this compact shall be severable and, if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuate its purposes.
SECTION 19. (a) Nothing in this compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(b) All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
SECTION 20. (a) All lawful actions of the interstate commission, including all rules and by-laws adopted by the interstate commission, shall be binding upon the compacting states.
(b) All agreements between the interstate commission and the compacting states shall be binding in accordance with the terms thereof.
(c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
(d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
SECTION 90. ection 150 of chapter 127 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 1, the word “Sunday” and inserting in place thereof the following words:- Saturday, Sunday.
SECTION 91. Clause (2) of section 15 of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out subclause (iii) and inserting in place thereof the following subclause:-
(iii) in municipalities where regional planning agencies have regulatory authority, a regional planning agency shall define the appropriate scale of offshore renewable energy facilities and review such facilities as developments of regional impact, and the applicant may seek review of the regional planning agency’s development of regional impact determination, but not its determination of appropriate scale, pursuant to the authority of the energy facilities siting board to issue certificates of environmental impact and public interest pursuant to sections 69K to 69O, inclusive, of chapter 164.
SECTION 92. Section 33 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “12:00 noon and in any county other than Suffolk,” and inserting in place thereof the following words:- 10:00 a.m. and.
SECTION 93. Section 33B of said chapter 138, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “eleven o’clock ante meridian and twelve o’clock” and inserting in place thereof the following words:- 10:00 a.m. and 12:00.
SECTION 94. The third paragraph of section 47C of chapter 175 of the General Laws is hereby amended by striking out the last sentence, as amended by section 83 of chapter 27 of the acts of 2009, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 95. The third paragraph of section 8B of chapter 176A of the General Laws is hereby amended by striking out the last sentence, as amended by section 84 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 96. The third paragraph of section 4C of chapter 176B of the General Laws is hereby amended by striking out the last sentence, as appearing in section 85 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 97. The second paragraph of section 4 of chapter 176G of the General Laws is hereby amended by striking out the last sentence, amended by section 86 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 98. Chapter 211B of the General Laws, is hereby amended by adding the following section:–
SECTION 21. Whenever a department established under this chapter is required to publish a notice in a newspaper by any general or special law, order, rule or judgment of any court, that department shall be deemed as having met all notice requirements by publishing in a newspaper which by its title page purports to be printed or published in such town, city or county, or having a circulation therein. For purposes of this section, the definition of newspaper shall include legal newspapers.
SECTION 99. Section 3 of chapter 258B of the General Laws, as appearing in 2008 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-
(i) for victims, family members and witnesses to be provided, by the court as provided in section 17 of chapter 211B, with a secure waiting area or room which is separate from the waiting area of the defendant or the defendant’s family, friends, attorneys or witnesses and separate from the district attorney’s office; provided, however, that the court shall designate a waiting area at each courthouse; and provided further, that designation of those areas shall be made in accordance with the implementation plan developed by the task force.
SECTION 100. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by adding the following paragraph:-
There shall be conspicuously posted in all courthouses and police stations a summary of the rights afforded under this section. The victim and witness assistance board, pursuant to section 4, shall devise and provide posters to satisfy this requirement to court officials and police station personnel, and, upon request and at the discretion of the office and board, to any other institution or organization to post and maintain in space accessible to the general public. The board shall develop such posters in a variety of languages as determined by the Massachusetts office for victim assistance. Upon request, the board will respond, to the extent possible, to any requests for additional language translations of such posters.
SECTION 101. Section 126A of chapter 266 of the General Laws, as so appearing, is hereby amended by inserting after the word “obliteration”, in line 18, the following words:- ; and provided, however, that if the property marked, injured, marred, defaced or destroyed is a war or veterans' memorial, monument or gravestone, the fine under this section shall be doubled and the person convicted shall be ordered to perform not less than 500 hours of court-approved community service.
Governor disapproved the following section for message see H4840
SECTION 102. Subsection (m) of section 22 of chapter 270 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
(6) A local board of health or other municipal health department may make reasonable restrictions and requirements for the licensed operation of a smoking bar but it shall not unreasonably restrict or prohibit the operation of a smoking bar if the smoking bar complies with this section.
SECTION 103. Section 98 of said chapter 276, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- There shall be a commissioner of probation, who shall have executive control and supervision of the probation service. The commissioner shall be appointed by the chief justice for administration and management for a term of 5 years and shall devote his full-time during business hours to the duties of his office.
SECTION 104. Chapter 687 of the acts of 1955 is hereby repealed.
SECTION 105. Chapter 773 of acts of 1960 is hereby amended by inserting after section 17 the following section:–
SECTION 17A. The Authority may indemnify and defend present and past members, officers and employees of the Authority against liabilities, claims, actions, suits, demands, judgments, reasonable costs and expenses, including reasonable legal expenses, in connection with an actual or threatened suit or proceeding, including any compromise or settlement thereof approved by the Authority, arising by reason of any act or omission of such person within the scope of such person’s employment, official duties or responsibilities for the Authority; provided, however, that no indemnification shall be provided concerning a matter as to which such person acted with: (1) malice; (2) without a reasonable good faith belief that such person’s conduct was in the best interest of the Authority; or (3)with the knowledge that such person’s conduct was unlawful. The Authority may procure insurance for itself and for its members, officers and employees against liabilities, losses and expenses which may be incurred by virtue of this section or otherwise.
SECTION 106. The third sentence of paragraph (i) of subsection (a) of subdivision (1) of section 4A of chapter 1078 of the acts of 1973, as amended by section 14 of chapter 300 of the acts of 2002, is hereby further amended by inserting after the word “SEIU” the following words:- ,New England PBA, I.U.P.A., AFL-CIO.
SECTION 107. Section 8 of chapter 324 of the acts of 1987 is hereby amended by striking out the word “July”, inserted by section 302 of chapter 159 of the acts of 2000, and inserting in place thereof the following word:- “August”.
SECTION 108. Section 25 of chapter 45 of the acts of 2005 is hereby amended by striking out subsection (a).
SECTION 109. Subsection (e) of said section 25 of said chapter 45 is hereby is amended by striking out the words “,the University of Massachusetts at Amherst”.
SECTION 110. Subsection (f) of said section 25 of said chapter 45 is hereby is amended by striking out the words “,the University of Massachusetts at Amherst”.
Governor disapproved the following section for message see H4840
SECTION 111. Section 144 of chapter 122 of the acts of 2006 is hereby amended by striking out, in lines 4 to 6, inclusive, the words “; provided, however, that no waiver or exemption shall be granted without the written approval of the secretary of administration and finance”.
SECTION 112. Section 2 of chapter 229 of the acts of 2008 is hereby repealed.
SECTION 113. Subsection (b) of section 75 of chapter 303 of the acts of 2008 shall not apply in fiscal year 2011.
SECTION 114. Chapter 453 of the acts of 2008 is hereby amended by striking out section 9 and inserting in place thereof the following section:-
Section 9. Section 3 shall take effect on September 30, 2011, and section 4 shall take effect as of July 1, 2010.
SECTION 115. Section 23 of chapter 5 of the acts of 2009 is hereby amended by striking out the figure “2010” and inserting in place thereof the following figure:- 2011.
SECTION 116. Section 23 of chapter 21 of the acts of 2009 is hereby amended by adding the following 2 sentences:- The retirement allowance of any retired member which included in the calculation of such allowance amounts paid as clothing allowance upon which contributions were made shall not be reduced, modified or changed because of the inclusion of such clothing allowance payments. Notwithstanding any special or general law to the contrary, any amount paid to an active member for clothing allowance upon which contributions were made and included in any applicable collective bargaining agreement or individual contract for employment in effect on May 1, 2009, shall continue to be included in the definition of “regular compensation” during the term of that collective bargaining agreement or contract; provided, however, that any such amount, benefit or payment received after June 30, 2012, shall not be considered regular compensation.
SECTION 116A. Item 0330-0300 of section 2 of chapter 27 of the acts of 2009 is hereby amended by inserting after the words “January 11, 2010” the following words:- “; and provided further, that the unspent balance in this item shall be available in fiscal year 2011 in addition to any amount previously appropriated herein”.
SECTION 117. The definition of “Plan” in section 1 of chapter 59 of the acts of 2009 is hereby amended by inserting after the word “reuse” in the definition of “Plan”, the following words:- or visioning.
SECTION 118. Said section 1 of said chapter 59 is hereby further amended by striking out the definition of “TDC committee” and inserting in place thereof the following definition:-
“TDC committee”, the Templeton Developmental Center Visioning Committee, which shall include 3 representatives of the town of Templeton, 1 of whom shall be a member of the Templeton board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Templeton planning board or his designee, and 1 of whom shall be chosen by the Templeton board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; 1 representative of the employees of the Templeton Development Center; and 1 representative of the legal guardians of the clients currently housed at Templeton Developmental Center; provided, however, that the members, other than the members who are representatives of the state agencies, shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.
SECTION 119. Section 2 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The TDC committee and MDC committee shall submit their recommendations for the reuse or visioning plans with the commissioner within 180 days after the division provides a local polling package to the town.
SECTION 120. Said chapter 59 is hereby further amended by inserting after section 2 the following section:-
SECTION 2A. The TDC committee shall evaluate and make recommendations to the commissioner on the use of the TDC site including, but not limited to, the continued use of the site as a state facility or other alternative uses for the TDC site. The TDC committee shall inform the town’s governing authority and the local community periodically of its proposals and decisions relevant to the use of the TDC site.
SECTION 121. The first sentence of section 3 of said chapter 59 is hereby amended by inserting after the word “reuse” the following words:- or visioning.
SECTION 122. Section 4 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The right of first refusal shall be exercised, if at all, by the affected town by giving written notice of the town’s intention to acquire the property to the division within 180 days after the completion and submission of the plan.
SECTION 123. The second sentence of section 5 of said chapter 59 is hereby amended by inserting after the word “reuse” the following words: - or visioning
SECTION 124. Section 6 of said chapter 59 is hereby further amended by inserting after the word “reuse” the following words: - or visioning
SECTION 125. Notwithstanding any general or special law to the contrary, the division of marine fisheries shall adopt size regulations relative to the possession and sale of oysters produced under the authority of an aquaculture or propagation permit issued by the division. These regulations shall take into account market needs and economic opportunities. The division shall adopt the regulations required by this section not later than December 31, 2010.
SECTION 126. (a) Notwithstanding any general or special law to the contrary, a state agency that purchases drug testing equipment shall purchase the equipment through the use of the statewide contract maintained by the operational services division if it is the most cost-efficient means of purchase.
(b) Notwithstanding any general or special law to the contrary, a state agency that purchases electronic monitoring devices including, but not limited to, global positioning systems, shall purchase the equipment through the use of the contract maintained by the commissioner of probation if the terms of that contract provide the most cost-efficient means of purchase and do not present any undue risk to public safety and include the use of a dual monitoring platform to address potential for lapse of coverage due to the absence of cellular service; provided, however, that the operational services division shall conduct a study to determine the feasibility of creating a statewide contract for the devices.
SECTION 127. Notwithstanding any general or special law to the contrary, section 112 shall take effect upon the Essex regional retirement board under subsection (b) of section 19A of chapter 34B of the General Laws and the Essex regional retirement board advisory council under subsection (h) of said section 19A of said chapter 34B being elected, selected or appointed under the requirements of said section 19A of said chapter 34B; provided, however, that until the Essex regional retirement board and the Essex regional retirement board advisory council are operating, the abolished county’s retirement board and retirement board advisory council and its members shall continue to serve.
SECTION 128. (a) The Massachusetts Department of Transportation shall prepare and issue a plan for an intercity high-speed rail network that includes recommendations for the development and implementation of a high-speed rail system; provided, however, that the recommendations shall consider federal, state and local activities necessary to implement the plan.
(b) The Massachusetts Department of Transportation may, to the extent feasible, coordinate high-speed rail planning activities with the transportation departments of other New England states, in order to streamline plans, policies, priorities, possible funding mechanisms and timelines for the development of high-speed rail. The Department shall utilize and build upon, with the goal of improvement, any previously developed passenger or high-speed rail plans to meet the reporting deadline; provided, however, that the plan shall include preliminary recommendations for the implementation of the best design, construction, operation, and maintenance for an intercity high-speed rail system with connections to bordering states and Canadian provinces. The plan shall comply with federal guidelines, definitions and recommendations including those provided by the United States Department of Transportation’s vision for high-speed rail in the United States; provided, however, that the plan shall include recommendations for integrating the high-speed rail system into existing and planned Amtrak expansions, airports and public transportation systems. The plan shall include recommendations for possible funding sources, including private capital, revenue bonds and a specific structure for public-private partnerships; provided, however, that the plan shall include specific recommendations including any necessary state or federal legislation or regulations required to implement the recommended high-speed rail system. The department shall provide its report to the governor, the house and senate committees on ways and means, the joint committee on transportation and publish the report on the Massachusetts Department of Transportation website not later than May 2, 2011.
(c) After the May 2, 2011 reporting deadline, the department shall provide a supplemental report; provided, however, that the supplemental report shall include public and stakeholder input on recommendations related to the building, designing, maintaining, operating and financing of a high-speed intercity rail system with connections to bordering states and Canadian provinces; provided further, that the department shall to the extent possible, consult and coordinate with the transportation departments of other New England states and bordering Canadian provinces; provided, further, that the department shall hold at least 1 public hearing to receive testimony from global high-speed rail operators, including, but not limited to, Amtrak; provided, further, that the plan shall include the solicitation and receipt of formal expressions of interest and other testimony from global high-speed rail operators including, but not limited to, Amtrak; provided further, that representatives of New England states shall be invited and encouraged to attend the public hearing and provide testimony; and provided, further, that the supplemental report shall be filed with the governor, the house and senate committees on ways and means, the joint committee on transportation and published on the Massachusetts Department of Transportation website on or before January 30, 2012.
SECTION 129. (a) Notwithstanding any general or special law to the contrary, the University of Massachusetts system and the president of the university shall retain all tuition for out-of-state students in the University of Massachusetts system and the board of trustees for the University of Massachusetts shall promulgate regulations to allow the administration of each campus to retain all tuition paid by students who are not residents of the commonwealth. The regulations shall ensure that no resident of the commonwealth is denied admission to any campus as a result of the tuition retention program.
(b) All out-of-state tuition and fees received by the board of trustees at Bridgewater State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(c) All out-of-state tuition and fees received by the board of trustees at Fitchburg State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(d) All out-of-state tuition and fees received by the board of trustees at Framingham State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(e) All out-of-state tuition and fees received by the board of trustees at Salem State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(f) All out-of-state tuition and fees received by the board of trustees at Westfield State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(g) All out-of-state tuition and fees received by the board of trustees at Worcester State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(h) All out-of-state tuition and fees received by the board of trustees at Berkshire Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(i) All out-of-state tuition and fees received by the board of trustees at Bristol Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(j) All out-of-state tuition and fees received by the board of trustees at Bunker Hill Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(k) All out-of-state tuition and fees received by the board of trustees at Cape Cod Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(l) All out-of-state tuition and fees received by the board of trustees at Greenfield Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(m) All out-of-state tuition and fees received by the board of trustees at Holyoke Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(n) All out-of-state tuition and fees received by the board of trustees at Massachusetts Bay Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(o) All out-of-state tuition and fees received by the board of trustees at Massasoit Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(p) All out-of-state tuition and fees received by the board of trustees at Middlesex Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(q) All out-of-state tuition and fees received by the board of trustees at Mount Wachusett Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(r) All out-of-state tuition and fees received by the board of trustees at North Shore Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(s) All out-of-state tuition and fees received by the board of trustees at Northern Essex Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(t) All out-of-state tuition and fees received by the board of trustees at Quinsigamond Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(u) All out-of-state tuition and fees received by the board of trustees at Roxbury Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(v) All out-of-state tuition and fees received by the board of trustees at Springfield Technical Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(w) Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees' salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the respective boards of trustees for the University of Massachusetts system, Bridgewater State College, Fitchburg State College, Framingham State College, Salem State College, Westfield State College, Worcester State College, Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, North Shore Community College, Northern Essex Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College, as a direct result of the implementation of this section.
(x) The respective boards of trustees for the University of Massachusetts system, Bridgewater State College, Fitchburg State College, Framingham State College, Salem State College, Westfield State College, Worcester State College, Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, North Shore Community College, Northern Essex Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College shall each issue an annual report on the progress of this initiative not later than February 1 of each year to the chairs of the joint committee on higher education, the chairs of the house and senate committees on ways and means and the executive office for administration and finance. The report shall include the number of out-of-state students attending the school, the amount of tuition revenue retained under the program and any programs or initiatives funded with the retained revenue.
SECTION 130. (a) Notwithstanding any general or special law to the contrary, any restriction on use of, and any reversionary interest held by the commonwealth on, the parcel designated as the Walnut Lodge property in the first paragraph of chapter 544 of the acts of 1976 conveyed to Caritas Norwood Hospital, Inc., on June 20,> 1978, are hereby released.
(b) For the purposes of this section “Caritas Norwood Hospital, Inc. or its successors” shall mean Caritas Norwood Hospital Inc. or any person, group or entity that purchases all, or substantially all, of the assets of Caritas Christi Healthcare System or all, or substantially all, of the assets of Caritas Norwood Hospital, Inc. including any subsequent purchasers, whether such purchase is effected by sale, merger or otherwise.
(c) In consideration for the releases set forth in subsection (a), Caritas Norwood Hospital, Inc., or its successors, shall maintain services for the treatment of alcoholism and related conditions at the Walnut Lodge property or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital, Inc. and upon any disposition of said Walnut Lodge property by Caritas Norwood Hospital, or its successors, 50 per cent of the gross proceeds from the sale, lease or other disposition of said parcel shall be paid by the seller to the commonwealth acting by and through the commissioner of capital asset management and maintenance. For the purposes of this section, “gross proceeds” shall mean all payments paid to Caritas Norwood Hospital, Inc. or its successors, as and when paid, by a transferee who shall not use the property as a medical care facility. Under any change of use by Caritas Norwood Hospital, Inc. or any successor thereto, if said Walnut Lodge property, or any portion thereof, ceases to be used for the treatment of alcoholism and related conditions or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital Inc., then Caritas Norwood Hospital, Inc. or any successor thereto, shall pay to the commonwealth, acting by and through the commissioner of capital asset management and maintenance, the sum of 50 per cent of the assessed valuation of the land included in such change of use, as such assessment valuation appears on the real estate tax assessment listing maintained by the assessors of the town of Foxborough for the fiscal year in which such change of use occurs. Nothing in this section shall restrict the transfer or conveyance of said property, or any portion thereof, for use as a medical care facility.
Governor disapproved the following section for message see H4840
The Legislature overrode the Governor's veto
SECTION 131. The following agencies or authorities shall contribute the amounts below for programs or services in fiscal year 2011:
(a) The Massachusetts Housing Finance Authority, $2,700,000 for the Massachusetts rental voucher program;
(b) The Massachusetts Development Finance Authority, $3,000,000 for the Massachusetts cultural council, $700,000 for Massachusetts office of business development small business technical assistance grants and $335,000 for the permitting office;
(c) The Massachusetts Educational Finance Authority, $1,000,000 for the McNair Scholarship Program;
(d) The Massachusetts Housing Partnership, $2,000,000 for the soft second mortgage program;
(e) The Massachusetts Convention Center Authority, $5,000,000 for the office of travel and tourism marketing program;
(f) The Massachusetts Technology Collaborative, $500,000 for Massachusetts science, technology, engineering and mathematics grants, $300,000 for the office of trade, $500,000 for innovation initiatives and $275,000 for the department of housing and economic development’s broadband initiative;
(g) The University of Massachusetts, $541,000 for the Collins Center;
(h) The Massachusetts Life Sciences Center, $210,000 for the Massachusetts Biotech Research Institute.
SECTION 132. Notwithstanding any general or special law to the contrary, federal grant funds in items 7061-0004 and 7061-0005 distributed to school districts in fiscal year 2011 through the State Fiscal Stabilization Fund under Title XIV of the American Reinvestment and Recovery Act of 2009 shall not be subject to indirect charges under section 32A of chapter 35 of the General Laws and section 5D of chapter 40 of the General Laws. Subsection (f) of section 6B of chapter 29 of the General Laws shall not apply to these funds. School districts shall continue to provide for and make contributions to appropriate pension funds, as required by paragraph (c) of subdivision (7) of section 22 of chapter 32 of the General Laws, for employees whose salaries are paid from these federal funds in the same manner as contributions are made when receiving state education aid under chapter 70 of the General Laws.
SECTION 133. [/ S 269] Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a chronic disease management program for members enrolled in the MassHealth primary care clinician program to better manage and improve the quality of care for members suffering from chronic conditions. The chronic disease management program shall be designed to ensure a financial return on investment in fiscal year 2011 through the reduction of health care costs for patients with chronic diseases. A contract with a private vendor to provide disease management services shall include a requirement that such vendor share the risk for its fees if return on investment targets are not met. The executive office shall pursue any opportunities for federal grants to support funding this program.
The executive office shall submit to the joint committee on health care financing, the joint committee on public health and the house and senate committees on ways and means a report on the status of this program including, but not limited to, data detailing adherence to evidence-based guidelines, hospital admission rates, emergency room utilization, clinical outcomes and cost effectiveness of the program not later than December 31, 2012.
SECTION 134. There shall be a task force established to conduct a court-by-court assessment and develop an implementation plan regarding the designation or creation of separate and secure waiting areas in district and superior courthouses for victims and witnesses of crimes, as required under section 17 of chapter 211B and clause (i) of the first paragraph of section 3 chapter 258B of the General Laws.
The task force shall be chaired by both the executive director of the Massachusetts office for victim assistance and the chief justice for administration and management or their designees; the task force shall include, but not be limited to, the chair of the victim and witness assistance board or a designee; 1 victim, public member of the victim and witness assistance board chosen by the chairs; 1 community-based victim services provider chosen by the executive director of the Massachusetts office for victim assistance; the commissioner of capital asset management or a designee; 1 district attorney victim witness program director to be chosen by the president of the Massachusetts District Attorneys Association; 1 representative from the court clerks chosen by the chief justice for administration and management; 1 representative of the chief probation officers to be chosen by the commissioner of probation; 1 representative of the administrative office of the trial court fiscal department chosen by the chief justice for administration and management; and 1 representative of the court facilities department chosen by the chief justice for administration and management. Additional members may be appointed by the governor in consultation with the co-chairs of the task force.
The task force shall convene no later than January 1, 2011 and develop a plan for conducting the court-by-court assessment and a timeline to guide the completion of the implementation plan. The implementation plan shall include, but not be limited to, a definition of a separate and secure waiting area under section 17 of chapter 211B and clause (i) of the first paragraph of section 3 of chapter 258B of the General Laws; a list of courthouses that do and do not have separate and secure waiting areas that meet the definition; the feasibility of allocating existing space for use as a separate and secure waiting area in those courts that do not have waiting areas; a comprehensive fact-based analysis of the fiscal and operational impacts, if any, of such allocations; a recommendation on who would staff the safe and secure waiting areas; the fiscal impact of such staffing recommendations, if any; a timeline for designating or creating the spaces in those courthouses in which allocation of such space is deemed feasible; the sequence in which separate and secure waiting areas shall be designated or created in courthouses in which the task force has determined that such allocation is feasible; and a recommendation for interim accommodations, where allocation of such space is not deemed immediately feasible and such interim accommodations are practicable. For those district and superior courthouses undergoing new construction or substantial renovation as defined by the task force, the separate and secure waiting areas shall be included in the final plans and completed construction. The task force chairs shall file an implementation progress report every 365 days and a final plan to the chairs of the house and senate ways and means committees, the senate and house chairs of the joint committee on the judiciary and the clerks of the senate and house of representatives not later than July 1, 2012.
SECTION 135. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall submit a report including, but not limited to, the following information: (1) the total number of lease renegotiation requests received by the division from state agencies in fiscal years 2008, 2009 and 2010; (2) the number of leases that were renegotiated by the division resulting in a tangible benefit to the commonwealth; (3) the amount, in dollars, saved by the commonwealth due to lease renegotiations conducted by the division; (4) the reasons that leases could not be renegotiated to produce a tangible benefit to the commonwealth; and (5) recommendations relative to improving the lease renegotiation process. The division shall submit its report not later than October 15, 2011 to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.
SECTION 136. (a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b) or (c), an eligible individual pursuant to section 3 of chapter 118H of the General Laws shall not include a person who is not eligible to receive federally-funded benefits under sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, as amended, for fiscal year 2011.
(b) Notwithstanding any general or special law to the contrary, except as provided in subsection (c), the secretary of administration and finance, the secretary of health and human services and the executive director of the health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, make payments from the fund established in section 2OOO of chapter 29 to operate the health insurance plan established pursuant to subsection (b) of section 31 of chapter 65 of the acts of 2009 for such time as is necessary to notify persons whose benefits will be terminated pursuant to this section of such termination; provided however, that no payments shall be made for benefits to persons who were not receiving benefits under that health insurance plan on the first day of the last month of fiscal year 2010; and provided further, that no payments shall be made after August 31, 2010.
(c) Notwithstanding any general or special law to the contrary, upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, subsection (b) shall be disregarded and the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, establish or designate a health insurance plan in which a person who is not eligible to receive federally-funded benefits under said sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended, but who is an eligible individual pursuant to said section 3 of said chapter 118H may enroll for the period including July 1, 2010 to June 30, 2011, inclusive. The plan may be contracted for selectively from the health plans that contracted in fiscal year 2010 to provide insurance coverage to commonwealth care or MassHealth enrollees. Total state costs of providing coverage to all such persons, net of enrollee contributions and any federal financial participation, shall not exceed $60,000,000 for fiscal year 2011. To the extent that additional federal financial participation becomes available for paying the costs of such coverage, the secretary of administration and finance may direct the comptroller to make such amounts available from the General Fund for the purpose of paying for the costs of such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority determine that the projected costs of enrolling eligible individuals in such coverage in fiscal year 2011 will exceed net state costs of $60,000,000, they may limit enrollment in such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority are unable to establish or designate a health insurance plan under this section, the secretary of administration and finance may direct the comptroller to transfer up to $60,000,000 from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund for the cost of health safety net claims for these individuals.
SECTION 137. (a) Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer $34,500,000 from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust to the General Fund.
(b) Notwithstanding chapter 169 of the acts of 2004 or any other general or special law to the contrary, the balance left in the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust after taking this transfer into account shall be used exclusively for the funding of the Springfield Promise Program; provided, however, that the funds remaining in the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust shall be deposited into a new expendable trust to be created and administered by the city of Springfield, to be called the City of Springfield Promise Program Expendable Trust; and provided further, that funds in the City of Springfield Promise Program Expendable Trust shall not be used for any purpose other than funding of the Springfield Promise Program, including its administrative costs.
(c) Any amount transferred from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust under subsections (a) and (b) shall be considered as an amount repaid to reduce a loan balance under section 2 of said chapter 169 and section 2 of chapter 468 of the acts of 2008.
SECTION 138. Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer to the General Fund the unexpended balance of a fund, trust fund or other separate account, in existence on April 1, 2010, whether established administratively or by law, including a separate account established under section 6 of chapter 6A of the General Laws or section 4F of chapter 7 of the General Laws; provided, however, that the secretary and comptroller shall report to the house and senate committees on ways and means 45 days prior to any such transfer. The request shall certify that the secretary, in consultation with the comptroller, has determined this balance not to be necessary for the purposes for which it was made available.
NO SECTION 139.
NO SECTION 140.
SECTION 141. Notwithstanding section 1 of chapter 29D of the General Laws or any other general or special law to the contrary, all payments received by the commonwealth in fiscal year 2011 pursuant to the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378, shall be deposited in the General Fund. Notwithstanding section 3 of said chapter 29D to the contrary, the comptroller shall transfer 100 per cent of the earnings generated in fiscal year 2011 from the Health Care Security Trust, as certified under subsection (f) of said section 3 of said chapter 29D, to the General Fund.
SECTION 142. (a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2010 by transferring: (1) $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and (2) the remaining balance from the General Fund to the Commonwealth Stabilization Fund.
(b) All transfers pursuant to this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances, but no such transfer shall cause a deficit in any of the funds.
SECTION 143. Notwithstanding any general or special law to the contrary, the comptroller shall, not later than June 30, 2011, transfer the interest earned from the Commonwealth Stabilization Fund during fiscal year 2011 to the General Fund.
SECTION 144. Notwithstanding section 40G of chapter 7 of the General Laws or any other general or special law or regulation to the contrary, the commissioner of capital asset management and maintenance may, on behalf of any state agency or the administrative office of the trial court, renegotiate any existing facilities lease of that agency or office, which was procured pursuant to said chapter 7, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of any such lease for a period of time beyond the 10-year limitation provided in said section 40G of said chapter 7; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. The commissioner shall first make a written determination that the renegotiated lease provisions of each renegotiated lease are favorable to the commonwealth based on a cost-benefits analysis.
SECTION 145. (a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2011, the executive office of health and human services may determine the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002 and the dental services that were covered for adults in the MassHealth basic program as of January 1, 2002.
(b) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2011, medically necessary dental services covered through health insurance plans procured by the board of the Commonwealth Health Insurance Connector Authority for any resident with a household income that does not exceed 100 per cent of the federal poverty level shall include preventative procedures but shall exclude those categories of services that are not provided through MassHealth.
SECTION 146. Notwithstanding any general or special law to the contrary, the executive office of health and human services, acting in its capacity as the single state agency under Title XIX of the Social Security Act and as the principal agency for all of the agencies within the executive office and other federally-assisted programs administered by the executive office, may enter into interdepartmental services agreements with the University of Massachusetts medical school to perform activities that the secretary of health and human services, in consultation with the comptroller, determines appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to support the programs and activities of the executive office. The activities may include: (1) providing administrative services including, but not limited to, providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) providing consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) providing activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third-party liability and recouping payments to third parties. Federal reimbursement for any expenditures made by the University of Massachusetts medical school relative to federally-reimbursable services the university provides under these interdepartmental service agreements or other contracts with the executive office shall be distributed to the university and recorded distinctly in the state accounting system. The secretary may negotiate contingency fees for activities and services related to pursuing federal reimbursement or avoiding costs and the comptroller shall certify these fees and pay them upon the receipt of this revenue, reimbursement or demonstration of costs avoided. Contracts for contingency fees shall not exceed 3 years and shall not be renewed without prior review and approval from the executive office for administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2011; provided, however, that contingency fees paid to the University of Massachusetts medical school under the terms of an interagency service agreement for recoveries related to the special disability workload projects shall be excluded from that $40,000,000 limit for fiscal year 2011. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts expended on personnel and the amount of federal reimbursement and recoupment payments that the university collected.
SECTION 147. Notwithstanding any general or special law to the contrary, not later than October 1, 2010 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws, the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2010. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2011, the amount of the transfer authorized by this section and any allocation thereof as certified by the director of the health safety net office.
SECTION 148. Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective July 1, 2010 under section 7 of chapter 118G of the General Laws may be developed using the costs of calendar year 2005.
SECTION 149. Notwithstanding any general or special law to the contrary, when the comptroller disposes of the consolidated net surplus for fiscal year 2011 under subsection (a) of section 5C of chapter 29, the comptroller shall not carry forward 0.5 per cent of the total revenue from taxes in fiscal year 2011;
SECTION 150. Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2011.
SECTION 151. Notwithstanding any general or special law to the contrary, the nursing home assessment established by subsection (b) of section 25 of chapter 118G of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2011.
SECTION 152. Notwithstanding any general or special law to the contrary, in hospital fiscal year 2011, the office of the inspector general may continue to expend funds from the Health Safety Net Trust Fund, established by section 36 of chapter 118G of the General Laws, for the costs associated with maintaining a pool audit unit within the office. The unit shall continue to oversee and examine the practices in all hospitals including, but not limited to, the care of the uninsured and the resulting free care charges. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2011. For the purposes of these audits, allowable free care services shall be defined pursuant to said chapter 118G and any regulations adopted thereunder.
SECTION 153. There shall be a special commission to study the University of Massachusetts at Amherst and the University of Massachusetts at Lowell jointly establishing a public school of pharmacy. The commission shall consist of the president of the University of Massachusetts system or a designee who shall be the chair; the commissioner of higher education or a designee; the chair of the board of higher education or a designee; the chair of the University of Massachusetts board of trustees or a designee; a member of the University of Massachusetts board of trustees or a designee; the chancellor of the University of Massachusetts at Amherst or a designee; the chancellor of the University of Massachusetts Lowell or a designee; the commissioner of public health or a designee with experience in pharmaceutical science and the senate and house chairs of the joint committee on higher education. The commission shall convene its first official meeting not later than September 1, 2010.
The commission shall make a comprehensive study of the feasibility of establishing, as a joint venture between the University of Massachusetts at Amherst and the University of Massachusetts at Lowell, a public school of pharmacy. The study shall include, but not be limited to, establishing a doctor of pharmacy degree program as well as graduate degree programs in pharmaceutical science; the needed additional resources and infrastructure necessary to build the appropriate curriculum and establish a school of pharmacy; the tuition and fees necessary to support a pharmacy program; a timeline for establishing a school of pharmacy; the start-up costs for establishing a school of pharmacy; a plan for the sharing of resources and costs by the University of Massachusetts at Amherst and the University of Massachusetts at Lowell; and the cost of any recommendations the commission may make.
The commission shall prepare a report of the findings and recommendations together with recommendations for legislation to implement those recommendations by filing the same with the clerks of the senate and house of representatives, the chairs of the house and senate committee on ways and means and the chairs on the joint committee of higher education not later than April 1, 2011.
SECTION 154. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall develop a global or bundled payment system for high-risk pediatric asthma patients enrolled in the MassHealth program, designed to prevent unnecessary hospital admissions and emergency room utilization. Consistent with the National Asthma Education and Prevention Program guidelines developed by the National Institutes of Health, the global or bundled payments shall reimburse expenses necessary to manage pediatric asthma, including, but not limited to, patient education, environmental assessments, mitigation of asthma triggers and purchase of necessary durable medical equipment. The executive office may pursue demonstration authority for this program from the federal center for Medicare and Medicaid Services pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148 or other federal law. The global or bundled payments shall be designed to ensure a financial return on investment through the reduction of costs related to hospital and emergency room visits and admissions not later than 2 years after the effective date of this act. This high-risk pediatric asthma global or bundled payment demonstration project shall be piloted in communities with high rates of uncontrolled childhood asthma. The executive office of health and human services shall consult with the providers that manage the Community Asthma Initiative at Children’s Hospital Boston and with other relevant providers in the commonwealth in designing and implementing the high-risk pediatric asthma global or bundled payment demonstration program and shall collaborate with participating entities in evaluating the efficacy of the program. The executive office of health and human services shall report its findings on the cost effectiveness of this program to the joint committee on health care financing, the joint committee on public health and the house and senate committees on ways and means not later than December 31, 2012.
Governor disapproved the following section for message see H4840
SECTION 155. The commonwealth health insurance connector authority shall transfer $2,500,000 to the executive office of health and human services for MassHealth outreach enrollment grants in fiscal year 2011, to be administered by the executive office in consultation with the health care reform outreach and education unit. The grants shall be awarded to groups statewide, including areas in which the division of health care finance and policy has determined that there exists a high percentage of uninsured individuals and areas in which there are limited health care providers. Funds shall be awarded as grants to community and consumer-focused public and private nonprofit groups to provide enrollment assistance, education and outreach activities directly to consumers who may be eligible for MassHealth, the Commonwealth Care Program, the Commonwealth Choice Program or the Commonwealth Care Bridge Program and who may require individualized support due to geography, ethnicity, race, language, culture, immigration or disease.
SECTION 156. Notwithstanding any general or special law to the contrary, the state and community colleges, with the approval of the executive office for administration and finance and the board of higher education, may borrow an amount not to exceed $50,000,000 in the aggregate through the Massachusetts Health and Educational Facilities Authority or any other authorized funding source for support of projects authorized under chapter 258 of the acts of 2008 and which have undergone a project study by the division of capital asset management and maintenance, provided that any such project shall also be considered eligible for financing by the Massachusetts State College Building Authority as a project within the meaning of chapter 703 of the acts of 1963.
SECTION 157. (a) Notwithstanding any general or special law to the contrary, upon the request of the board of selectmen in a town, the city council in a city with a plan E form of government or the mayor in any other city, the department of revenue may recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the General Laws, in the fiscal year ending June 30, 2011. Based on the criteria established in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of elementary and secondary education.
(b) A city or town that used qualifying revenue amounts in a fiscal year which are not available for use in the next fiscal year or that shall be required to use revenues for extraordinary non school-related expenses for which it did not have to use revenues in the preceding fiscal year or that has an excessive certified municipal revenue growth factor which is also greater than or equal to 1.5 times the state average municipal revenue growth factor may appeal to the department of revenue not later than October 1, 2010, for an adjustment of its minimum required local contribution and net school spending.
(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year ending June 30, 2011, shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.
(d) If upon submission of adequate documentation the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of elementary and secondary education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.
(e) The board of selectmen in a town, the city council in a city with a plan E form of government, the mayor in any other city or a majority of the member municipalities of a regional school district which used qualifying revenue amounts in a fiscal year that are not available for use in the next fiscal year may appeal to the department of revenue not later than October 1, 2010, for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.
(f) If the regional school budget has already been adopted by 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 elementary and secondary education in accordance with this section.
(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined pursuant to this section shall be the minimum required local contribution described in chapter 70 of the General Laws. The department of revenue and the department of elementary and secondary education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount.
(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided in this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized by this section.
(i) The amount of financial assistance due from the commonwealth in fiscal year 2011 pursuant to chapter 70 of the General Laws or any other law shall not be changed on account of any redetermination of the minimum required local contribution pursuant to this section.
(j) The department of revenue and the department of elementary and secondary education shall issue guidelines for their respective duties pursuant to this section.
SECTION 158. Notwithstanding any general or special law to the contrary, during fiscal year 2011 the comptroller shall not transfer 0.5 per cent of the total revenue from taxes in the preceding fiscal year to the Commonwealth Stabilization Fund, established in section 2H of chapter 29 of the General Laws, as otherwise required pursuant to clause (a) of section 5C of said chapter 29.
SECTION 159. (a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b), contingent upon receipt of at least $27,200,000 in TANF contingency funds authorized by Title IV, Section 403(b) of the Social Security Act, a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011 in item 4000-0640 of section 2.
(b) Subsection (a) shall take effect only upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011.
SECTION 160. There is hereby established a special commission to make an investigation and study relative to the rehabilitative residential and integrated community-based support services for persons with acquired brain injury and persons with traumatic brain injury in the commonwealth. The commission shall consist of the chairs of the joint committee on health care financing or their designees, who shall serve as co-chairs; 1 member of the house of representatives appointed by the minority leader; 1 member of the senate appointed by the minority leader; the secretary of health and human services or a designee; the assistant secretary for the office of disabilities and community services or a designee; the commissioner of public health or a designee from the office on health and disability; the commissioner of medical assistance or a designee; and 4 persons appointed by the governor. The target populations for the investigation shall be persons of all ages with neurocognitive and neurobehavioral deficits stemming from traumatic or acquired brain injury.
The investigation and study shall include, but not be limited to the availability, nature and adequacy of the following services for the target population: acute and long-term medical and cognitive rehabilitation and outpatient services; therapy services; residential nursing care; structured day treatment and day activity programs; club programs; respite care services; community-based housing; home-based services; family support programs; case management; companion services; personal care attendant services; specialized medical equipment and supplies; environmental modifications; counseling and training; and prevocational services.
The commission shall file a report of its findings with the clerks of the house of representatives and the senate and the house and senate committees on ways and means not later than April 1, 2011. The report shall include recommendations for improving services for people with acquired or traumatic brain injury, the cost of maintaining or establishing those services and any legislation necessary to implement or allow for the development or expansion of services for the target population.
SECTION 161. Notwithstanding chapter 79 of the acts of 1814 or any other general or special law to the contrary, for fiscal year 2011, the social law library may collect monies from all executive, legislative and judicial branch offices and constitutional officers for access to the library and its services for the Suffolk social law library chargeback, item 0321-2215 of section 2B.
SECTION 162. There shall be established a special commission to make an investigation and study relative to higher education in-state tuition retention. The commission shall consist of the commissioner of higher education who shall be the chair; the secretary of education or a designee; the chair of the board of higher education or a designee; the chair of the University of Massachusetts board of trustees or a designee; the president of the University of Massachusetts system or a designee; 1 state college president to be appointed by the governor; 4 state or community college presidents or their designees, 1 each to be appointed by the speaker of the house of representatives, the minority leader of the house of representatives, the senate president, and the minority leader of the senate; and 1 member of a state or community college board of trustees to be appointed by the governor. The commission shall convene its first official meeting not later than September 1, 2010.
The commission shall make a comprehensive study of in-state tuition retention for all institutions of higher education in the commonwealth. The study shall include, but not be limited to, the feasibility of implementing a cost-neutral tuition retention program at higher education institutions; providing Massachusetts public colleges and universities with the authority to set both tuition and fee levels and retain the revenue from both, including, but not limited to, the potential costs, savings or benefits related to: allowing campuses to set and retain tuition; fringe benefits; fee waivers; the effects of tuition retention on campus appropriations; and the cost of any recommendations the commission may make.
The commission shall report to the general court the results of its investigation and study and its recommendations together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the senate and house of representatives, who shall forward the same to the e house and senate committee on ways and means and the joint committee on higher education on or before February 1, 2011.
SECTION 163. Notwithstanding any special or general law to the contrary, not later than October 31, 2010, the state treasurer shall report to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the senate and house committees on bonding, capital expenditures and state assets on the potential cost savings to municipalities and other efficiencies of a municipal infrastructure bond bank. The report shall include an analysis of the municipal infrastructure bond banks utilized in other states and recommendations together with drafts of legislation, if any, necessary to implement changes to finance laws in order to permit a bond bank to be established in the commonwealth.
SECTION 164. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall develop a plan for any city or town that has enrolled more than 25 students displaced by an earthquake since January 2010. The plan shall include, but not be limited to, the per pupil cost and the per pupil cost of counseling and interpretive services and shall be submitted, together with a draft of legislation necessary to implement these recommendations, if any, to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on education not later than December 31, 2010.
SECTION 165. The governor shall execute a compact, on behalf of the commonwealth, with any other state or states legally joined therein in the form substantially set out in chapter 120A of the General Laws; provided, however, that the commissioner of youth services shall serve as the compact administrator; and provided further, that accused status offenders and non-offender juveniles shall not be detained in a secure detention facility or as otherwise prohibited by the purpose and intent of applicable state or federal laws.
SECTION 166. The secretary of public safety and security shall conduct an audit and inventory of the commonwealth’s public safety vehicles and equipment including, but not limited to, those in possession of the department of the state police, sheriff’s offices, the department of correction, the Massachusetts Bay Transportation Authority police department and any law enforcement council incorporated or formed under the authority of a general or special law. The audit and inventory shall detail the type, age and use of the vehicles and equipment, whether similar vehicles and equipment are owned by multiple departments or underutilized by 1 department whereby the sharing of underutilized vehicles and equipment may be suitable for realizing cost savings and any other information as the secretary deems pertinent. The secretary shall report the findings to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on public safety and homeland security not later than January 1, 2011.
SECTION 167. Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the expenditure of funds received through the American Reinvestment and Recovery Act. The commission shall specifically investigate the possibility that the funds have been spent on or through non-domestic entities including, but not limited to, the purchase of raw materials, contracting of labor or the transaction of business with companies located, based or incorporated in a foreign country. The commission shall consist of the chairs of the joint committee on federal stimulus oversight, who shall chair the commission; the house and senate chairs of ways and means or their designees; the secretary of administration and finance or a designee; the attorney general or a designee; the treasurer of the commonwealth or a designee; the auditor of the commonwealth or a designee; the comptroller of the commonwealth or a designee; the minority leader of the senate and the minority leader of the house of representatives or their designees; and 1 person to be appointed by the governor. The commission shall report its findings and its recommendations, if any, to the clerks of the senate and house of representatives not later than January 30, 2011.
SECTION 168. There is hereby established a special commission to consist of 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the president of the senate; 1 member of the house of representatives appointed by the house minority leader; 1 member of the senate appointed by the senate minority leader; the secretary of administration and finance or a designee; the state comptroller or a designee; and 1 person to be appointed by the governor who shall have experience working with an agency budget that utilizes capital funds to pay personnel costs and utilizes operating costs to fund capital projects, for the purpose of making an investigation and study relative to the feasibility of transferring personnel that are currently funded from the capital budget to the operating budget and transferring capital projects funded from the operating budget to the capital budget. The commission shall review and provide information on the total number of full and part-time employees by department that are funded from the capital budget, including their salaries, and a description and cost of the capital projects by department that are funded from the operating budget. The commission shall submit its finding and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate who shall forward the same to the house and senate committees on ways and means on or before the last Wednesday of December, 2010.
SECTION 169. The Massachusetts Department of Transportation shall conduct a comprehensive analysis of the availability of public parking in coastal cities and towns within Essex county that have a history of flooding affecting local businesses. The report shall include recommendations to improve and increase access to public parking. The department shall provide its report and recommendations to the governor, to the house and senate committees on ways and means and to the joint committee on transportation not later than January 1, 2011.
SECTION 170. The executive office of health and human services shall report to the general court on the implementation of chapter 257 of the acts of 2008. The report shall include: (i) current rates for social service programs under section 22N of chapter 7 of the General Laws; (ii) the status of implementation of the prospective rate system established in said chapter 257; (iii) the process for establishing rates for social service programs, including inflation and geographic cost adjustments pursuant to section 2A of chapter 118G of the General Laws; (iv) the extent to which implementation of said chapter 257 has addressed the concerns raised in the executive office of health and human services report dated October 2007, entitled Financial Health of Providers in the Massachusetts Human Service System; and (v) initiatives undertaken to promote efficiency or to reduce or control costs and the results thereof. The executive office shall submit its report to the clerks of the house and senate, the house and senate who shall forward the same to the committees on ways and means, the joint committee on health care financing and the joint committee on children, families and persons with disabilities on or before December 1, 2010.
SECTION 171. The secretary of administration and finance and the secretary of health and human services shall evaluate the feasibility of contracting for recycling durable medical equipment purchased and issued by the commonwealth through its medical assistance programs.
Said evaluation shall include, but not be limited to, a request for qualifications and proposals for entities capable of developing, implementing and operating a system of recycling whereby an inventory of such equipment is developed and managed so as to maximize the quality of service delivery to equipment recipients and to minimize costs and losses attributable to waste, fraud and abuse.
After completion of the evaluation, if the secretary of health and human services, in consultation with the secretary of administration and finance, determines that there is a proposal that would result in substantial cost savings for the commonwealth, the secretary of health and human services may adopt the proposal.
Governor disapproved the following section for message see H4840
SECTION 172. The inspector general shall review and comment, within 30 days after the effective date of this act, on any award, transfer or procurement by the executive office of health and human services of any of the services currently being provided under the customer services contract responsible for the provision of key operations services to the MassHealth member and provider communities to a private vendor or to any department of the commonwealth as defined in 815 CMR 6.02.
SECTION 173. The department of revenue shall submit a report to the house and senate committees on ways and means and the joint committee on revenue on the planned encrypted digital tax stamp system to be implemented pursuant to section 7B of chapter 64C of the General Laws and section 3A of chapter 64H of the General Laws, within 60 days after the effective date of this act. The report shall include a detailed analysis of the department’s financing plan for the encrypted digital tax stamp system which shall include, but not be limited to, the department’s estimates of the cost of the acquisition and installation of the new equipment and the ongoing costs of maintaining and operating the equipment, including any annual service contract required. The report shall also include the estimated net revenue increase projected to be realized by the commonwealth as a result of the encrypted digital tax stamp system, recommendations, if any, and drafts of legislation necessary to carry those recommendations into effect in order to implement this program and a report by the department in the area of tobacco tax enforcement.
SECTION 174. (a) Notwithstanding any general or special law to the contrary, the dispute resolution functions of the bureau of special education appeals, which was established as an independent entity by the department of elementary and secondary education within the executive office of education, its employees, proceedings, rules and regulations, and legal obligations are hereby transferred to the division of administrative law appeals, established in section 4H of chapter 7 of the General Laws.
(b) Those employees of the department of elementary and secondary education covered by a collective bargaining agreement who, before the effective date of this act, were assigned to the bureau of special education appeals, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or who have tenure in their positions as provided by section 9A of chapter 30 of the General Laws, are hereby transferred to the division of administrative law appeals without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employees and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits and without change in union representation, if any, or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under said chapter 31 or has tenure in a position by reason of said section 9A of said chapter 30. Notwithstanding any general or special law to the contrary, all employees assigned to the bureau of special education appeals covered by collective bargaining agreements shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall confer upon an employee any right not held immediately before the date of this transfer or prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before the transfer date.
(c) The assistant director of special education appeals is hereby transferred to the division of administrative law appeals as the initial director of the bureau of special education appeals without interruption of service within the meaning of section 9A of chapter 30 of the General Laws, without impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits. The reorganization shall not impair any civil service status of such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of said section 9A of said chapter 30.
(d) All petitions, requests, hearings and other proceedings appropriately and duly brought before the bureau of special education appeals and pending before it before the effective date of this act shall continue unabated and remain in force, but shall be assumed and completed by the bureau of special education appeals as part of the division of administrative law appeals.
(e) All orders issued by the bureau of special education appeals that are in force immediately before the effective date of this act shall continue in full force and effect in accordance with the terms of such orders.
(f) All rules and regulations governing the bureau of special education appeals which are in force immediately before the effective date of this act shall continue in full force and effect until superseded, revised, rescinded or canceled by the board of elementary and secondary education, in consultation with the director of special education appeals and the chief administrative magistrate of the division of administrative law appeals.
SECTION 175. The special education appeals advisory council established in section 2A of chapter 71B of the General Laws shall hold its first meeting not later than 45 days after the effective date of this act and shall include in its duties advice and feedback relating to the bureau of special education appeals’ transition to the division of administrative law appeals.
SECTION 176. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“I-95 corridor”, the area within the town of Boxford located approximately 1,500 feet from any portion of interstate highway route 95.
"Safe drinking water", water that meets or exceeds all primary and secondary standards and recommended guidelines for drinking water as defined by the department of environmental protection.
(b) The Massachusetts Department of Transportation shall conduct a comprehensive study to determine the cumulative and immediate effects of deicing chemical storage and deicing operations on the groundwater aquifers and bedrock fissures within the I-95 corridor. Specifically, the study shall determine how and why deicing chemicals applied to interstate highway route 95 have infiltrated the groundwater aquifers and bedrock fissures and what measures need to be taken to prevent it from occurring in the future. The study shall provide recommendations as to: (1) the proximate causes of deicing chemicals, including sodium and chloride, infiltration into the groundwater aquifers and bedrock fissures within the I-95 corridor; (2) short-term and long-term remedial actions necessary to restore groundwater quality to a safe drinking water standard within the I-95 corridor; (3) a plan to modify highway drainage systems to prevent storm water runoff and highway drainage from adversely impacting aquifers, bedrock fissures and adjacent wetland resource areas; and (4) alternative means to provide a reliable and adequate safe drinking water supply to the residents located within the I-95 corridor that meet all state and local requirements.
(c) The department shall conduct the study utilizing an independent consultant. The development of the study scope of work, the selection of the independent consultant and the review of study recommendations shall all be conducted jointly by the Department and a committee to be appointed by the Boxford board of selectmen and the Boxford Board of Health. Within 1 year after the effective date of this act, the department shall file a report of its activities and the developed recommendations with the governor and the clerks of the senate and house of representatives who shall forward the same to the house and senate committees on ways and means and other committees as appropriate. To the extent the report provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of transportation and the secretary of administration and finance.
SECTION 177. There shall be a special commission to study the feasibility of establishing inmate fees. The commission shall consist of the secretary of public safety and security or a designee, who shall be the chair; the president of the Massachusetts Sheriffs’ Association or a designee; 2 sheriffs to be designated by the president of the Massachusetts Sheriffs’ Association, each of whom shall be from a different political party; the chief counsel of the committee for public counsel services or a designee; a correctional system union representative; and a representative from prisoners’ legal services. The commission shall convene its first official meeting no later than September 1, 2010. The commission shall make a comprehensive study of the feasibility of establishing inmate fees within the correctional system of the commonwealth. The study shall include, but not be limited to, the types and amount of fees to be charged, including a daily room and board fee and medical co-pays; revenue that could be generated from the fees; the cost of administering the fees; the impact on the affected population; use of the collected fees by the respective sheriff’s office; method and sources of collecting the fees; impact on the prisoner work programs; waiver of the fees for indigents; exemptions from the fees for certain medical services; and forgiveness of the balance due for good behavior.
The commission shall report to the general court the results of its investigation and study, and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and the house of representatives, who shall forward the same to the chairs of the house and senate ways and means committees and the senate and house chairs of the joint committee on public safety on or before March 1, 2011.
SECTION 178. An advisory committee shall be convened to study the comparative costs and benefits of different care delivery models for the Medicaid program including, but not limited to, all-managed care, a state-contracted chronic disease management program and patient-centered medical homes. The advisory committee shall consist of the secretary of administration and finance or a designee, who shall serve as chair; the secretary of health and human services or a designee; the commissioner of health care finance and policy or a designee; the director of Medicaid or a designee; the executive director of the Commonwealth Health Insurance Connector Authority or a designee; the chairs of the house and senate committees on ways and means; the senate and house chairs of the joint committee on health care financing; the senate and house chairs of the joint committee on mental health and substance abuse; 1 member representing the house minority party; 1 member representing the senate minority party; 1 member representing the Massachusetts Association of Health Plans; 1 member of the Massachusetts Medical Society who shall be a practicing primary care physician; 1 member representing the Massachusetts Hospital Association; 1 member representing the Association for Behavioral Healthcare; 1 member appointed by the Governor who shall be an advocate for individuals with disabilities; and 1 member appointed by the Governor representing a health care consumer group.
The advisory committee shall compare the current and projected impact of the managed care program, the primary care clinician plan, the disease management program and patient-centered medical homes on the Medicaid budget including, but not limited to, an estimate of the potential increase or decrease in programmatic costs of transitioning from 1 care delivery system to another and the impact of the different delivery systems on the financial risk borne by the commonwealth. Cost estimates and projections shall adjust for acuity. The advisory committee shall compare the current and projected impact of the managed care program, the primary care clinician plan, the disease management program and patient-centered medical homes on quality and continuity of care provided to MassHealth members, access to disease management and care coordination programs, access and quality of care for MassHealth special populations, access to behavioral health services, accountability through the reporting of quality data and the potential to address racial and ethnic disparities. In conducting this analysis, the organization shall use actual and projected Medicaid and managed care data. The executive office of health and human services shall make any data requested by the advisory committee available in a timely manner. For the purpose of conducting this analysis, the executive office for administration and finance, in consultation with the advisory committee and subject to appropriation, shall contract with an independent, outside organization with expertise in fiscal analysis of the Medicaid program and the managed care model within state Medicaid programs by October 2, 2010. The advisory committee shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing not later than January 15, 2011.
SECTION 179. There shall be a special commission to investigate and study the organizational structure, function and operation of the judiciary. For the purposes of this section, the judiciary shall include, without limitation: the supreme judicial court; the court of appeals; the office of the chief justice for administration and management of the trial courts, including the superior court department, the district court department, the land court department, the probate and family court department, the housing court department, the Boston municipal court department and the juvenile court department; the trial court office of community corrections; the office of probation; the office of the jury commissioner; the office of the Suffolk county clerk; the commission on judicial conduct; the board of bar examiners; the Massachusetts legal assistance corporation; the mental health legal advisors; prisons‘ legal services; and the social law library.
The commission shall examine the judiciary, including the operational, fiscal, legal, administrative and personnel functions and legal obligations of the judiciary. Said examination shall include, but shall not be limited to, the models from other states, best practices for management of government, performance measures, clarity of reporting lines and responsibilities and opportunities for budget savings through efficiencies, all while protecting the safety of the public. The commission shall consider, in its investigation and study, the reports and recommendations of both the visiting committee on management of the state courts and the court management advisory board.
The commission shall further investigate and study the feasibility and advisability of transferring authority over the office of probation, office of community corrections and the parole board including the power of appointment, assignment, discipline and termination of staff, to either the chief justice for administration and management or the executive office of public safety and security, in an effort to best provide enhanced accountability, oversight, leadership, effectiveness in carrying out essential functions and efficiency of administration.
The judiciary shall comply with all reasonable requests by the commission for information in furtherance of the above-stated goals.
The commission shall consist of 10 members, 1 of whom shall be appointed by the senate president who shall have expertise in applied criminal justice research, 1 of whom shall be appointed by the speaker of the house who shall have expertise in applied criminal justice research, 1 of whom shall be appointed by the minority leader of the senate who shall have expertise in financial management and public policy, 1 of whom shall be appointed by the minority leader of the house of representatives who shall have expertise in financial management and public policy, 1 of whom shall be the attorney general, who shall serve as chair, 1 of whom shall be the secretary of administration and finance, or his designee, 1 of whom shall be the chief counsel of the committee for public counsel services or his designee, 1 of whom shall be the president of the Massachusetts District Attorneys’ Association, or his designee, 1 of whom shall be a representative of the Massachusetts Bar Association and 1 of whom shall be a person appointed by the chief justice of the supreme judicial court who shall be a retired first justice with court management experience. The commission shall report its findings and recommendations together with legislation, if any, to the clerks of the house of representatives and senate, to the joint committee on judiciary, the joint committee on public safety and the senate and house committees on ways and means not later than December 31, 2010.
SECTION 180. Notwithstanding any general or special law to the contrary, the undersecretary of housing and community development shall make a report detailing recommended regulations to end the practice of housing homeless residents in hotels and motels and the costs associated with that practice. The report shall include, but not be limited to, the recommended guidelines for usage of temporary housing alternatives which provide cost savings to the commonwealth; a timeline to eliminate the practice of using hotels and motels within 1 year after the report is filed; the cost of school transportation from out-of-district emergency assistance placements; the cost of the usage of hotels and motels versus the cost of using shelters; and the availability of unused shelter space not currently under contract by the department. The report shall be submitted to the clerks of the senate and house of representatives and to the chairs of the house and senate committees on ways and means not later than 60 days after the effective date of this act.
SECTION 181. Notwithstanding clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 29, 2011, transfer funds from any item of appropriation within the trial court; provided, however, that the chief justice for administration and management may transfer not more than 5 per cent of funds from each of the items 0339-1001, 0339-1003, 0339-1007 and 0339-1009 to any other item of appropriation within the trial court. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include: (1) the amount of money transferred from any item of appropriation to any other item of appropriation; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer shall be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.
SECTION 182. Notwithstanding any general or special law to the contrary, to prevent fraud and misuse of public assistance benefits, the department of transitional assistance shall:
(1) consistent with federal and state law, require all applicants for benefits to declare in writing under penalty of perjury whether the individual is a citizen of the United States and if not whether the individual meets applicable immigration status requirements; provided, however, that noncitizens shall be required to provide documentation from the United States Department of Homeland Security Immigration and Customs Enforcement agency or such other documents as the department determines constitutes reasonable evidence of required immigration status; provided further, that consistent with federal and state law, the state shall provide a reasonable opportunity to submit evidence of required immigration status and will not delay, deny, reduce or terminate benefits on the basis of immigration status until such verification is provided; provided further, that the department of transitional assistance shall use the federal Systematic Alien Verification for Entitlements or SAVE system to verify the immigration status of any noncitizen whose documentation includes an alien registration number to determine whether the individual meets noncitizen requirements for benefit eligibility purposes and shall verify the social security number of each individual seeking benefits, citizens as well as noncitizens, in accordance with procedures established by the Social Security Administration;
(2) implement data matching with the department of revenue, the department of children and families, the division of unemployment assistance and any other relevant state agencies to verify financial and categorical eligibility criteria;
(3) cooperate fully with the food and nutrition service of the United States Department of Agriculture in pursuing and prosecuting vendor fraud;
(4) refer all credible reports of fraud received from its fraud hotline or any other source to the bureau of special investigations for investigation in accordance with protocols for prioritizing cases;
(5) pursue, to the fullest extent possible, consistent with protocols for prioritizing cases, administrative disqualification penalties for instances of Supplemental Nutrition Assistance Program and cash assistance fraud; and
(6) report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
SECTION 182A. Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth’s Pension Liability Fund established in section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (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, for 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 state treasurer. The state 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 secretary of administration and finance 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 said subdivision (1) of said 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, established by subdivision (8) of section 22 of said chapter 32, for the purpose of reducing the unfunded pension liability of the commonwealth.
SECTION 182B. Notwithstanding any general or special law to the contrary, and subject to appropriation and the availability of funds as determined by the executive office of health and human services, MassHealth shall include in its medical home demonstration authorized under section 30 of chapter 305 of the acts of 2008 all practice sites that have participated in the Commonwealth Fund safety net medical home initiative and that have submitted a qualifying response to the executive office’s primary care medical home initiative request for responses. Subject to appropriation and the availability of funds, as determined by the executive office, the executive office may selectively contract with additional practice sites that have not participated in the Commonwealth Fund safety net medical home initiative.
SECTION 183. (a) Notwithstanding any general or special law to the contrary, not later than January 1, 2011, the MassHealth program within the executive office of health and human services shall: (i) implement the state option provided by section 1902(ee) of the Social Security Act, 42 U.S.C. section 1396a(ee), to verify the citizenship or nationality of individuals declaring to be United States citizens or nationals; and (ii) register for the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of applicants presenting an alien admission number or alien file number. The executive office shall be exempt from the requirement to use the SAVE system if it has reported not later than January 1, 2011, to the senate and house committees on ways and means and the executive office for administration and finance that using the SAVE system would not be cost effective.
(b) Annually, on or before February 1, the executive office of health and human services shall report to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered from recipients, providers or other vendors who fraudulently received benefits or payments under chapter 118E of the General Laws.
SECTION 184. Consistent with federal and state law and to prevent fraud and misuse of unemployment benefits, the division of unemployment assistance shall:
(1) maintain interagency agreements with the United States Social Security Administration and the United States Citizenship and Immigration Service within the Department of Homeland Security to utilize a primary verification system to determine citizenship or work authorization at the time of new claim filings through the SAVE system;
(2) require noncitizen claimants to provide their alien registration number; provided, however, that the division of unemployment assistance shall verify claimant information and alien registration number with the United States Citizenship and Immigration Service within the Department of Homeland Security;
(3) require noncitizen claimants who cannot provide an alien registration number during the new claim process to send copies of any official documents they have that authorize them to work in the United States to the division of unemployment assistance;
(4) institute a secondary verification process for claims for which a non-citizen does not have an alien registration number or if primary verification does not establish satisfactory status, using division staff to review the documents and transmit pertinent information from the documents for verification with the United States Citizenship and Immigration Service within the Department of Homeland Security;
(5) in cases where secondary verification is required, issue no payment after the first payment until the claim has been verified by the secondary verification process;
(6) flag expiration dates of work authorizations or in the unemployment insurance system if such dates exist; and
(7) report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division of unemployment assistance from those who received benefits fraudulently as well as the numbers of recipients who were issued disqualifications.
SECTION 185. (a) Notwithstanding and general or special law to the contrary, an applicant for the MassGrant program administered by the department of higher education office of grant assistance shall complete the Free Application for Federal Student Aid or other federal student loan program that verifies both financial and citizenship eligibility.
(b) The secretary of education shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department of education from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
SECTION 186. (a)(1) Notwithstanding any general or special law to the contrary, the department of housing and economic development shall direct local housing authorities to:
(i) require an applicant to provide the local housing authority with access to reliable and reasonably obtainable documentation verifying the accuracy of information provided by an applicant on an application form or otherwise necessary at the time of determining final eligibility and qualification; provided, however, that income of applicants shall be verified by the procedure set forth in paragraph (2); provided further, that if the local housing authority has verified any information when making a preliminary determination of eligibility for the applicant, the local housing authority shall reverify that information on its final determination of eligibility and qualification; and provided further, that nonreceipt of requested documentation, without good cause established by the applicant, shall be cause for determining that the applicant is unqualified;
(ii) require an applicant to provide the names and current addresses of all landlords or housing providers for the applicant and the applicant’s household members during the 5 years immediately preceding the application to the date of the final determination; provided, however, that if after request the local housing authority has failed to receive a reference from a landlord or a housing provider, it shall notify the applicant of nonreceipt and the local housing authority shall request that the applicant use his best efforts to cause his landlord or housing provider to submit the reference to the local housing authority; provided further, that in the event that the applicant uses his best efforts but is unsuccessful, the applicant shall cooperate with the local housing authority in securing information from other sources relative to the tenancy; and provided further, that nonreceipt of a reference from a landlord or housing provider shall be cause for determining an applicant unqualified unless the applicant can show that he has used best efforts to secure the reference and that he has complied with reasonable requests for cooperation in securing other information;
(iii) obtain criminal offender record information for each applicant and, if necessary, check public records, credit reports, other sources of public information and other reliable sources; provided, however, that the local housing authority may conduct a home visit, which shall be scheduled reasonably in advance; and provided further, that observations by the person making such a visit shall be promptly reduced to writing and placed in the applicant's file; and
(iv) obtain information regarding eligibility or qualification from interviews with the applicant and with others from telephone conversations, letters or other documents and from other oral or written materials; provided, however, that all such information received shall be recorded in the applicant's file, including the date of its receipt, the identity of the source and the person receiving the information.
(2) The local housing authority shall assess financial eligibility by reviewing the applicant’s net household income. In reviewing the applicant’s financial status, the local housing authority shall assess net household income pursuant to regulations and guidelines promulgated by the department of housing and community development.”
(b) The secretary of housing and economic development shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
SECTION 187. Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2011, transfer $100,000,000 to the General Fund from the Commonwealth Stabilization Fund. The comptroller, in consultation with the secretary of administration and finance, may take the overall cash flow needs of the commonwealth into consideration in determining the timing of any transfer of funds. The comptroller shall provide a schedule of transfers to the secretary of administration and finance and to the house and senate committees on ways and means.
Governor disapproved the following section for message see H4840
SECTION 188. There shall be a Distressed Community Provider Trust Fund, which shall be administered by the secretary of health and human services.
Notwithstanding any general or special law to the contrary, in fiscal year 2011, the comptroller shall transfer not less than $10,000,000 from the General Fund to the Distressed Community Provider Trust Fund for the purpose of making expenditures as described in this section. The secretary shall authorize expenditures from the fund, without further appropriation, to assist acute care hospitals, including disproportionate share hospitals, that are in extreme financial distress. The secretary shall consider applications from hospitals that meet any of the following criteria: (i) have an operating margin below the median operating margin of eligible disproportionate share hospitals in hospital fiscal years 2007, 2008 and 2009; (ii) have a total margin below zero for both hospital fiscal years 2008 and 2009; (iii) have an operating margin at or below the median of eligible disproportionate share hospitals in hospital fiscal year 2009; (iv) operate an American College of Surgeons-verified region 3 level 3 trauma center; (v) operate a hospital licensed by the department of public health as a chronic disease hospital providing services solely to children and adolescents or a chronic hospital with inpatient children and adolescent services; (vi) operate as both a disproportionate share hospital and a sole community hospital; or (vii) operate as a disproportionate share hospital with a psychiatric lockdown inpatient unit in region 5. The secretary shall structure expenditures under this section to maximize allowable federal reimbursement under Title XIX. Hospitals receiving funds under this section shall not be precluded from also receiving funds through grants or rates authorized under items 4000-0500 or 4000-0700 of section 2 and expended to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively. The secretary shall accept applications to receive funds up to January 1, 2011, and shall distribute those funds not later than March 31, 2011. The secretary shall file with the house and senate committees on ways and means a distribution plan for the funds, and the extent to which expenditures qualify for federal financial participation, on or before March 1, 2011. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the General Fund.
SECTION 189. Notwithstanding any general or special law to the contrary, the Massachusetts Technology Collaborative shall conduct a review and evaluation of the feasibility and efficacy of managing and treating patients with specified chronic medical conditions using the delivery of health care services and information via telecommunication, known as telehealth. The study shall include the cost effectiveness, quality improvements and hospital admission and readmission rates associated with utilizing telehealth in treating chronic medical conditions which require health care services of unusually high frequency, urgency or duration. The evaluation may include a demonstration project in consultation with home health agencies and manufacturers of telehealth monitoring devices. The collaborative shall submit a final report and recommendations for use of telehealth technology, with any drafts of legislation necessary to carry out those recommendations, by filing the same with the joint committee on health care financing and the house and senate committees on ways and means not later than July 1, 2011.
Governor disapproved the following section for message see H4840
SECTION 190. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the FMAP Budget Relief Fund. The fund shall consist of revenues, not to exceed 750 million, generated or collected by the commonwealth in state fiscal year 2011, as a result of certain expenditures in section 2 that are eligible for an enhanced federal medical assistance percentage pursuant to an extension of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, as set forth in subsection (b), or as a result of any other obligation by the federal government, not in effect as of June 1, 2010, as set forth in subsection (b).
(b) The fund shall be expended in accordance with appropriations authorized in section 2 and shall be allotted pursuant to subsection (c); provided, however, that no department, office, institution or commission shall obligate, and the comptroller shall not authorize, expenditure of appropriations charged to this fund until:
(1) legislation, not in effect as of June 1, 2010, extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage, pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010 to the commonwealth during state fiscal year 2011; and
(2) the secretary of administration and finance has certified to the comptroller, and provided notice to the chairs of the house and senate committees on ways and means, the amount of revenue anticipated as a result of clause (1).
(c) Monies authorized for appropriation pursuant to section 2 shall be expended only in such amounts as may be allotted as provided in this section. The comptroller shall divide the fiscal year into allotment periods of not less than one month nor more than four months. The comptroller shall allot to each such item in section 2 the amount which it may expend for each such period out of the sums made available to it by appropriation in section 2. The amount so allotted initially by the comptroller shall be equal to an amount calculated in accordance with the following formula: the annual sum available for expenditure divided by twelve multiplied by the number of months in the allotment period, unless the full legislative objective of an appropriation would be accomplished, without amendment, by a lesser allocation than that required by the formula. The comptroller may, upon written request of the governor, so allocate a greater amount than required by the formula provided, however, that no less than 15 days prior to the initial allocation of such greater amount to any account for which a supplemental appropriation will become necessary if current rates of spending continue, the governor shall file with the house and senate committees on ways and means a report containing the following information: (1) the amount of the appropriation which the governor proposes to allocate; and (2) a detailed corrective action plan to prevent a deficiency in the account or accounts involved; a request for a supplemental or deficiency appropriation, if such corrective action plan would violate the legislative objective of the appropriation; or a statement explaining why neither a corrective action plan nor a supplemental appropriation is necessary.
(d) Upon enactment of legislation as described in clause (1) of subsection (b) and certification by the secretary as described in clause (2) of subsection (b) of amounts anticipated to be insufficient to fund appropriations authorized in section 2 pursuant to subsection (c), the comptroller shall proportionally reduce allotments available for expenditure in each item of section 2 receiving an appropriation from this fund. The comptroller shall not, however, under any circumstances fund appropriations authorized in section 2 pursuant to subsection (c) with revenues collected in the General Fund.
(e) For the purpose of calculating allotments in accordance with section 9B of chapter 29 of the General Laws the governor shall exclude from the calculation of the annual sums available for expenditure any amounts appropriated from this fund.
(f) This section shall expire on June 30, 2011 and any remaining balance shall be transferred to the General Fund.
Governor disapproved the following section for message see H4840
SECTION 191. Section 149 is repealed.
Governor disapproved the following section for message see H4840
SECTION 192. Section 191 shall take effect only when both conditions established in subsection (b) of section 190 have been satisfied.
SECTION 193. The searchable website established pursuant to section 14C of chapter 7 of the General Laws shall be accessible to the public not later than January 1, 2011 and shall contain data for fiscal year 2010; provided, however, that the requirement for the location of a recipient or agency receiving a state award in clause (1) of subsection (b) of said section 14C of said chapter 7 shall not take effect until July 1, 2011.
SECTION 194. Section 46 shall be effective for tax years beginning on or after January 1, 2010, with respect to installment obligations as of the close of the tax year.
SECTION 195. Section 144 shall expire on June 30, 2011.
SECTION 196. Sections 37, 38, 39 and 47 shall take effect on January 1, 2011.
SECTION 197. Notwithstanding any general or special law to the contrary and except as expressly provided otherwise, section 30 shall apply only to members appointed on or after the effective date of this act.
Governor disapproved the following section for message see H4840
SECTION 198. Section 103 shall apply to a person appointed to the office of commissioner of probation after the effective date of this act.
SECTION 199. Sections 108, 109, 110 and 129 shall take effect on July 1, 2011.
SECTION 200. Notwithstanding any general or special law to the contrary and except as expressly provided otherwise, section 23 shall apply only to employees who become members of a retirement system after January 1, 2011 and section 29 shall apply only to employees who are members of retirement systems who retire after January 1, 2011.
SECTION 201. Notwithstanding any general or special law to the contrary, no increases in allowances provided pursuant to sections 27 and 28 shall take effect before January 1, 2011.
SECTION 202. Except as otherwise specified, this act shall take effect on July 1, 2010.
Approved, June 30, 2010.