I disapprove the following items:

in Section 2

1599-6425

4510-0716

7061-0011

7061-9634

8910-8200

8910-8210

8910-8300

8910-8310

8910-8400

8910-8500

8910-8600

8910-8610

8910-8700

8910-8710

8910-8800

8910-8810

I disapprove Sections 89, 90, 91, 92, 93, 120, 129, 140, and 145.

I reduce the following items in Section 2 to the following amounts:



Section 2

Reduce By

Reduce To

0321-0100

111,341

1,000,000

0321-2205

506,704

1,000,000

0330-0300

5,763,036

190,422,288

0330-3337

1,892,192

9,300,000

0333-0002

702,478

18,611,265

0335-0001

310,109

6,862,466

0339-1001

9,000,000

122,138,285

0339-1003

788,786

23,404,762

0699-0015

20,986,427

1,804,013,573

0699-0016

996,269

11,003,731

0810-0045

363,636

3,133,588

1201-0118

54,800

5,429,718

1310-1000

466,000

1,459,270

2200-0100

117,228

29,637,373

2200-0107

200,000

275,000

2511-0100

100,000

4,683,708

2511-0105

1,000,000

11,000,000

2800-0501

74,976

13,060,407

2820-0101

250,000

1,291,621

4000-0265

400,000

450,000

4000-0355

133,128

813,128

4000-0500

3,873,282

3,456,559,882

4000-0950

2,311,037

65,688,963

4200-0200

500,000

23,868,223

4510-0715

250,000

250,000

4510-0810

500,000

3,003,336

4512-0202

2,000,000

2,000,000

4512-0203

1,000,000

1,000,000

4513-1000

100,000

4,655,623

4513-1002

1,100,000

12,465,092

4513-1111

1,159,313

7,295,685

4590-0915

797,000

137,664,607

4800-0038

2,500,000

299,234,364

5046-0000

500,000

309,783,591

5095-0015

600,000

169,333,412

6000-1700

564,146

5,586,841

6005-0015

435,854

44,235,055

6030-7201

7,000,000

58,000,000

7000-9401

2,250,000

12,341,160

7002-0017

114,202

2,783,169

7002-0500

202,534

20,555,968

7003-0605

450,000

450,000

7003-0803

441,231

4,994,467

7004-9005

2,800,000

62,500,000

7004-9316

1,940,000

3,060,000

7006-0040

222,000

2,760,991

7007-0500

210,000

210,000

7007-0951

4,000,000

2,500,000

7007-1000

1,500,000

4,500,000

7030-1002

1,000,000

25,748,947

7061-0012

1,000,000

140,113,160

7061-9604

53,081

1,546,270

7066-0009

67,500

300,000

7100-0200

1,500,000

411,898,263

8000-1700

165,848

21,098,510

8700-1150

449,174

3,582,564

9110-1633

1,500,000

36,068,041

9500-0000

568,921

17,067,606

9600-0000

1,009,726

30,292,914

9700-0000

158,808

6,333,424

I reduce the following items in Section 2 to the following amounts, and disapprove the wording as indicated:

Section 2

Reduce By

Reduce To

Wording Stricken

0610-0050

100,000

2,057,305

"; provided further, that $100,000 shall be expended for the investigation and enforcement division of the alcoholic beverages control commission's implementation of the enhanced liquor enforcement programs"

2810-0100

125,000

46,558,361

"; provided further, that the parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the department of conservation and recreation"

4000-0600

25,000,000

2,114,610,628

"; 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, care management under section 3 of chapter 211 of the acts of 2006 shall be implemented through Aging & Disability Resource Consortiums, which shall include a combination of 1 or more Aging Services Access Points and Independent Living Centers"

4200-0300

500,000

99,326,675

"; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after March 15, 2009 ; and provided further, that after March 15, 2009 , no charge or contract shall be made with alternate vendors to provide pharmacy services other than the state office of pharmacy services"

8324-0000

2,514,767

14,394,926

"; provided further, that not less than $1,750,000 shall be provided for the Boston fire department training academy; provided further, that $100,000 shall be expended to Norfolk county to maintain and improve services of the Norfolk county regional fire & rescue dispatch center"

and

"; provided further, that $500,000 shall be provided for the Boston, Cambridge and Everett fire department hazardous material response teams"

I reduce the following items in Section 2 by striking the wording as indicated and inserting in place thereof the following wording set forth below:

Section 2

Reduce By

Reduce To

4000-0700

23,374,735

1,607,619,796

Wording Stricken

"; provided further, that $25,000,000 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"

and

"; provided further, that the executive office shall not, in fiscal year 2010, fund programs relating to case management with the intention of reducing length of stay for neonatal intensive care unit cases; provided further, that the division of health care finance and policy and the executive office of health and human services shall establish a new rate methodology to cover the cost of care provided by any facility licensed by the department of public health as a chronic disease hospital providing services solely to children and adolescents as follows: (1) the rate of reimbursement for any such facility shall be developed collaboratively through an agreement among the office of Medicaid, the division of health care finance and policy and any such facility; (2) the reimbursement rate for any such facility shall incorporate the following components: (a) utilization of the reimbursement methodology used by the division and the executive office of health and human services to determine payments for Medicaid disproportionate share pediatric hospitals in effect in 2007 utilizing the most recently filed 403 cost report with the division and the payments received from Medicaid-eligible patients for the base period; (b) a per-diem rate for inpatient and a payment on account factor for outpatient shall be established which reimburses the full unrecovered cost, including capital; and (c) the rates shall be inflated over the base period by the applicable Medicare market basket inflation factors; and (3) notwithstanding any general or special law to the contrary, in no event shall the rates of payment be lower than the rates in effect for such facility in the prior fiscal year"

Wording Inserted

"; provided further, that $20,000,000 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"

I disapprove in the following items in Section 2 the wording as indicated:

Section 2

Wording Stricken

1000-0001

"; provided further, that notwithstanding any general or special law to the contrary, the comptroller shall deduct $1,000 from any item of appropriation in section 2 in which a reporting requirement is stipulated within such item and which report is not filed within 10 days of the stated due date; provided further, that all amounts deducted shall be deposited into the General Fund and the comptroller shall notify the house and senate committees on ways and means of all amounts so deducted"

1100-1100

" that the secretary shall conduct an ongoing review of affirmative action steps taken by the various agencies, boards, departments, commissions or divisions to determine whether such agencies, boards, departments, commissions or divisions are complying with the commonwealth's policies of non-discrimination and equal opportunity; provided further, that whenever non-compliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report her resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the Massachusetts commission against discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or non-compliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on labor and workforce development on or before December 1, 2009; and provided further,"

1201-0100

"; provided further, that the department may conduct a public awareness and education outreach campaign about state and local tax credits, deductions, deferrals and exemptions and other tax information available to persons age 65 and over including, but not limited to, section 6 of chapter 62 and section 5 of chapter 59 of the General Laws; provided further, that the department may work in conjunction with the executive office of elder affairs in disseminating information and conducting the campaign; provided further, that the department may conduct the campaign from July 1, 2009, to April 15, 2010, inclusive, and shall report their efforts to the house and senate committee on ways and means and the joint committee on elder affairs not later than May 31, 2010; and provided further, that the department shall also file an interim report to the house and senate committee on ways and means and the joint committee on elder affairs not later than January 1, 2010"

1790-0100

"; and provided further, that the division shall file a report by secretariat with the house and senate committees on ways and means not later than December 15, 2009 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"

2800-0100

"; provided further, that the amount transferred pursuant to interagency service agreements shall not increase from fiscal year 2009; and 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"

4180-0100

"; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services"

4190-0100

"; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services"

4403-2000

"; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a detailed and comprehensive report setting forth the text of, basis, and reasons for the proposed changes; and provided further, that the report shall state the department's most accurate assessment of the probable effects of benefit or eligibility changes upon recipient families"

4408-1000

"; and provided further, that, notwithstanding any general or special law to the contrary, 60 days before implementing any eligibility or benefit changes, the commissioner shall file with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the proposed changes"

4800-0015

"; provided further, that the report shall also contain, for each area office, the number of kinship guardianship subsidies that it provided for the calendar quarters ending on March 31, 2009 and June 30, 2009, 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"

6010-0001

"; provided further, that the costs of routine highway maintenance provided by private and union workers in contract areas 1A, 1B, 2A, 2B, 3A, 3B, 3C, 4A, 4B, 4C, 4D, 5A, 5B and 5C and for costs associated with police services and overtime within such areas shall be paid from this item"

7004-0101

"; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any such eligibility or benefit changes, the undersecretary shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of the executive office 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"

7009-1700

"; provided, that the secretary shall file a report with the house and senate committees on ways and means not later than December 15, 2009 that shall include, but not be limited to, the following: (a) financial statements detailing savings realized from said consolidation; (b) the number of personnel assigned to the information technology services within the executive office; and (c) efficiencies that have been achieved from the sharing of resources"

7010-0033

"; and provided further, that funds appropriated in this item for said Institute may be expended through June 30, 2011"

8000-0125

"; provided, that the $75 registration fee paid by convicted sex offenders shall be directed from the General Fund to the Massachusetts office for victim assistance"

8400-0001

"; provided further, that the registrar of motor vehicles shall report to the house and senate committees on ways and means and the joint committee on transportation 60 days prior to the closure of any registry branch; provided further, that said report shall include all cost savings associated with the closure"

8900-0001

"; provided, that before closing any correctional facility, the commissioner of corrections and the secretary of public safety and homeland security shall report to the house and senate committees on ways and means and public safety on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved"

8910-0102

"; and provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B"

8910-0105

"; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services"

8910-0107

"; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services"

8910-0108

"; and provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B"

8910-0110

"; and provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B"

8910-0145

"; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services"

8910-0619

"; and provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B"

I disapprove in the following items in Section 2B the wording as indicated:

Section 2B

Wording Stricken

4510-0108

"; 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"

I return for amendment, pursuant to the authority vested in me by Article 56, as amended by Article 90, Section 3, of the Amendments to the Constitution, Sections 5, 21, 22, 31, 40, 66, 76, 87, 105, 112, 121, 130, 132, 133, 144, and 146. The text of my recommended amendments is set forth in separate letters of this date to the Senate and House of Representatives.

The remainder of this bill I approve.

Approved, June 29, 2009

at o'clock and minutes, .M.

Deval Patrick

Governor