Agency Narratives

JUDICIARY

One of three branches of Government within the Commonwealth, the Judiciary presides over civil disputes and criminal prosecutions and consists of the following departments.

Supreme Judicial Court

The Supreme Judicial Court (SJC), established in 1692, is the oldest continuously operating appellate court in the Western Hemisphere. Serving as the Commonwealth’s highest court, the SJC consists of a Chief Justice and six Associate Justices appointed by the Governor.

The responsibilities of the SJC include hearing appeals on criminal and civil cases and providing advisory opinions on various legal issues upon request of the Governor or the Legislature. The SJC is also responsible for the general superintendence of the judiciary and of the bar, making and approving rules for the operations of the courts.

Included within the jurisdiction of the SJC is oversight responsibility for several entities affiliated with the judicial branch, including the Commission on Judicial Conduct, the Board of Bar Examiners, the Committee for Public Counsel Services and Mental Health Legal Advisors.

Committee for Public Counsel Services

The Committee for Public Counsel Services (CPCS) is responsible for providing legal representation to indigent persons in criminal as well as civil cases. Consisting of thirteen regional offices and two family law offices, CPCS provides the majority of its representation by contracting with private attorneys through the various courts. In addition to employing the services of private attorneys, the Committee’s workforce includes public attorneys as well as administrators and staff who assist in providing various legal services to indigent persons.

Appeals Court

The Appeals Court of the Commonwealth was created in 1972 and serves as an intermediary appellate court between the Trial Court and the SJC. The Appeals Court consists of a Chief Justice and 24 Associate Justices.

Trial Court

The Trial Court consists of seven departments – The Superior, District, Probate, Land, Housing, and Juvenile courts as well as the Boston Municipal Court. These departments operate under the supervision of the Chief Justice for Administration and Management (CJAM), who is appointed by the Supreme Judicial Court to manage and administer the Administrative Office of the Trial Court as well as its several departments. Included under the supervision of the CJAM are the Office of the Commissioner of Probation, which is responsible for probation services within the courts, the Office of Community Corrections, which provides intermediate sanctions and services through corrections centers to probationers, prisoners and parolees, and the Jury Commissioner, who organizes and distributes information relative to the jury service in the Commonwealth.

Jurisdictions and responsibilities of the several departments of the Trial Court:

Superior Court Department

Civil actions over $25,000 and matters where equitable relief is sought; actions involving labor disputes where injunctive relief is sought; exclusive authority to convene medical malpractice tribunals; exclusive original jurisdiction in first degree murder cases; original jurisdiction for all other crimes; appellate jurisdiction over certain administrative proceedings.

District Court Department

All felonies punishable by a sentence up to five years; all misdemeanors; all violations of city and town ordinances and by-laws; probable cause hearings involving felonies not within District Court jurisdiction to determine whether probable cause exists to detain persons arrested without a warrant; any jury-waived civil matter in which the amount likely to be awarded does not exceed $25,000; several other specialized proceedings.

Probate Court department

Family matters such as divorce, paternity, child support, custody, visitation, adoption, termination of parental rights, and abuse prevention; probate matters such as wills, administrations, guardianships, conservatorships, and changes of name; cases involving general equity.

Land Court

Exclusive, original jurisdiction over the registration of title to real property, as well as all matters and disputes concerning such title subsequent to registration; exclusive, original jurisdiction over the foreclosure and redemption of real estate tax liens; shared jurisdiction with other departments over other property matters; shared jurisdiction with other departments over matters arising out of local planning boards and zoning boards of appeal; shared jurisdiction with the Superior Court department over the processing of mortgage foreclosure cases, determining the military status of the mortgagor; superintendency authority over registered land offices in each registry of deeds.

Boston Municipal Court

Most criminal offenses not requiring the imposition of a state prison sentence; for cases in which a prison sentence is mandated, the Court may conduct probable cause hearings to determine whether offenses will be transferred to the Superior Court; civil jurisdiction including contract and tort actions, cases remanded from the Superior Court, small claims, mental health commitments, summary process, supplementary proceedings, unemployment compensation appeals, paternity and support actions and domestic abuse actions; jurisdiction over findings of the State Police Trial Board, equitable jurisdiction in lead poisoning prevention, landlord interference with quiet enjoyment or failure to provide utilities, family abuse prevention, sanitary code, and residential nuisances.

Housing Court Department

Jurisdiction over the use of any real property and activities conducted thereon as such use affects health, welfare, and the safety of any resident, occupant, user or member of the general public.

Juvenile Court Department

Delinquency; children in need of services (CHINS); care and protection petitions; adult contributing to the delinquency of a minor cases; adoption; guardianship; termination of parental rights proceedings; youthful offender proceedings.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $538,151,959 for the Judiciary.

DISTRICT ATTORNEYS

The offices of the eleven District Attorneys, who are popularly elected to terms of four years, represent the Commonwealth in criminal prosecutions. Each office has jurisdiction over every crime committed within its district, unless the office of the Attorney General chooses to exercise its prosecutorial authority. The eleven districts are the Suffolk District (Suffolk County), the Northern District (Middlesex County), the Eastern District (Essex County), the Middle District (Worcester County), the Western District (Hampden County), the Northwestern District (Franklin and Hampshire Counties), the Norfolk District (Norfolk County), the Plymouth District (Plymouth County), the Bristol District (Bristol County), the Cape and Islands District (Nantucket, Dukes and Barnstable Counties), and the Berkshire District (Berkshire County). The District Attorneys also represent the counties within their districts in some civil suits and investigate possible violations of the open meeting laws.

The District Attorneys' offices support specialized units for domestic violence and child abuse. Each office employs a number of victim and witness advocates who assist victims of crimes with guidance, emotional and legal support as well as advice regarding restitution, and may maintain one or more educational programs for the public, police and social service agencies.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $76,635,400 for the District Attorneys.

EXECUTIVE

The Governor is the Chief Executive Officer for the Executive branch of government in Massachusetts. In addition to his or her managerial duties, the Governor represents the people of the Commonwealth and their interests to other states and to the Federal government. The budget for the Executive funds the Offices of the Governor and Lieutenant Governor, as well as the expenses of the Executive Council and the Governor's Commission on Mental Retardation, which oversees the policies and practices of the Department of Mental Retardation.

The Constitution directs the Governor to present annual budget recommendations to the Legislature and grants the Governor the authority to veto items of expenditure within appropriations acts sent for his or her approval. The Governor approves or vetoes all enacted legislation, nominates judicial officers and is the Commander-in-Chief of the Massachusetts National Guard. Six cabinet secretaries, appointed by the Governor, each head an Executive office, developing and implementing the Governor's policies and managing the activities of agencies under their jurisdiction.

The Executive, or Governor's, Council is composed of eight members who are independently elected for two-year terms and who meet on a weekly basis. The Council approves certain gubernatorial and judicial appointments, pardons, commutations and eminent domain takings. Furthermore, it approves all payments by the Commonwealth and lends advice or approval to the Governor as required by law or as requested.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $5,312,247 for the Executive.

SECRETARY OF STATE

The Secretary of the Commonwealth is the principal information officer for the government of Massachusetts. The Office of the Secretary of State, established in the Massachusetts Constitution, is responsible for administering elections, maintaining and supervising public records, regulating securities and corporations, providing public information, publishing state statutes and regulations, operating the Commonwealth museum and preserving historic items through the State Archives and Massachusetts Historical Commission.

The State Secretary also has oversight of the 13 Registries of Deeds located throughout the Commonwealth where public deeds and documents are filed. The Secretary of State oversees each Registry but the Registers remain independently elected officials and have the responsibility for the management of their registry.

The Address Confidentiality Program (ACP), created as its own line item in Chapter 409 of the Acts of 2000, sets up confidential mailing addresses for victims of sexual abuse, assault, rape, and stalking. This line item was not included in the FY02 document since sufficient dollars from its previous year were still available. In FY03 the line item is included in the SWM document, funded at its fiscal year 2002 level of spending.

Elections Administration

The Elections Division administers state elections by distributing and receiving nomination papers and petitions for ballot questions, by printing ballots, and by compiling election results. The Division also oversees the work of 351 local election offices, who conduct state and local elections, register voters, and certify petition signatures. In addition, the Division provides election information to local officials, candidates and voters through voter information packets, a toll-free statewide telephone system, and dozens of publications available online and by mail.

Regulating Securities and Corporations

The Securities Division adopts and periodically updates rules and regulations to ensure that investors are adequately protected and that unreasonable burdens on legitimate capital raising activities are avoided. The Securities Division includes the Corporate Finance Section, the Licensing Section and the Enforcement Section. The primary mission of the Massachusetts Securities Division is investor protection. Consistent with that mission, the Division works to ensure a free and competitive securities market in Massachusetts, thereby increasing investor confidence, encouraging the formation of capital, and supporting the creation of new jobs in the Commonwealth.

The Corporations Division is the repository for the records of over four hundred thousand business and nonprofit corporations registered to do business in the Commonwealth. In addition, the Corporations Division maintains filings and records from limited partnerships, business trusts, limited liability companies, limited liability partnerships, service marks, trademarks, and filings regulated under the uniform commercial code.

Public Records and Historic Preservation

The historical documents and state papers of the Commonwealth, ranging from colonial charters to present-day legislative acts, are housed in a facility at Columbia Point in Dorchester, which includes the State Archives, the State Records Center and the Commonwealth Museum. The Secretary's Public Records Division administers and enforces the state Freedom of Information Act and files other important state records, including the financial disclosure reports of lobbyists.

The Massachusetts Historical Commission protects the State's historic structures through nominations to the State and National Registers of Historic Places, reviews developmental impacts, and consults with local historical agencies and private developers.

The Senate recently passed two separate bond authorizations for the Massachusetts Preservation Projects Fund (MPPF), which will provide grants to municipalities for historic preservation of properties, landscapes, and sites.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $36,217,226 for the Office of the Secretary of State.

OFFICE OF THE TREASURER AND RECEIVER-GENERAL

The Office of the Treasurer and Receiver-General oversees the management of the Commonwealth's cash resources, investing and disbursing funds on behalf of the State. The Treasurer is responsible for paying the bills of state agencies and for processing checks and deposit notices yearly to vendors, state employees and retirees. The Treasurer is also responsible for managing the state debt as well as short and long-term investments. Popularly elected to terms of four years, the Treasurer serves as Chair of the Massachusetts Lottery Commission, the State Retirement Board, the Pension Reserve Investment Management Board, the Massachusetts Convention Center Authority, the Emergency Finance Board and the Massachusetts Water Pollution Abatement Trust.

Debt Management

The Treasurer is responsible for managing the State's cash flow and capital financing needs by orchestrating the issuance of Commonwealth debt. Within the Treasury, the Office of Debt Management administers the issuance, redemption and payment of interest on state bonds and notes.

The funds required to meet interest expenses and principal payments related to the sale of bonds are appropriated in the debt service accounts. When the Commonwealth issues bonds to investors, it agrees to pay investors a fixed rate of interest for a fixed number of years. The fact that the interest rate is fixed makes these bonds attractive because their return is predictable. The term “debt service” simply refers to the Commonwealth’s obligation to pay the interest and principal amounts owed to investors on bonds issued by the Treasury. The interest is the “charge” for the privilege of borrowing money, typically expressed as an annual percentage rate.

Pension Fund Management

The Pension Reserves Investment Trust (PRIT) Fund is a pooled investment fund established to invest the assets of the Massachusetts State Teachers’ and Employees’ Retirement Systems, as well as the assets of county, authority, district, and municipal retirement systems that choose to invest in the Fund. The PRIT Fund was created by the Legislature in December 1983 with a mandate to accumulate assets through investment earnings and other revenue sources in order to reduce the Commonwealth’s significant unfunded pension liability, and to assist local participating retirement systems in meeting their future pension obligations. The Pension Reserves Investment Management (PRIM) Board is charged with the general supervision of the PRIT Fund. The Treasurer and Receiver-General of the Commonwealth is a member ex officio and serves as the Chair.

There are 106 contributory retirement systems in the Commonwealth, including the State and Teachers retirement systems. The Public Employee Retirement Administration Commission (PERAC) was created for and is dedicated to the oversight, guidance, monitoring and regulation of these public pension systems. The purpose of these pension systems, and the reason for their oversight, is to guarantee benefits to all qualifying public employees who have dedicated their professional careers to the service of the people of the Commonwealth.

Addressing the Pension Schedule

The Treasurer and Receiver General’s budget also includes the pension appropriation, the objective of which is to eliminate the Commonwealth’s unfunded pension liability. In order to accomplish this task, a long-term schedule for funding the payment of current pensions as well as the payment of debt accumulated from past pension shortfalls must be agreed upon between the administration and the legislature. In the final months of fiscal year 2002, this schedule was responsibly addressed, pushing back the targeted year for the elimination of the liability in order to create a savings of $130 million. These savings will be reallocated, preserving services and programs that would otherwise be in jeopardy during difficult fiscal times.

Massachusetts Cultural Council

The Massachusetts Cultural Council promotes excellence, access, education and diversity within the arts, humanities and sciences throughout the State by providing support services and awarding grants to local cultural councils in every city and town, to thousands of non-profit cultural organizations and schools, and to individual practitioners. The Massachusetts Cultural Council receives and distributes federal funds from the National Endowment for the Arts.

Lottery Commission

The Lottery Commission is charged with the operation of the Massachusetts State Lottery, which creates a source of revenue for cities and towns struggling with the ever-increasing demand for municipal services and the tight constraints on local revenue. In FY02, the lottery will deliver $778 million in unrestricted aid to cities and towns. This money subsidizes schools, roads, municipal police and fire departments, among other local services.

The profits of the lottery also support cultural grants through Massachusetts Cultural Council and certain other local activities funded through the Local Aid Fund.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $3,704,316,450 for the Office of the Treasurer and Receiver General, including pensions and debt service.

AUDITOR

The Auditor of the Commonwealth is an elected official, required by the state Constitution to audit the activities and operations of every state entity at least once every two years and to report any findings and recommendations to the citizens of the Commonwealth. The Auditor is also authorized to examine the records of any vendor providing services to or on behalf of the Commonwealth. Most importantly, the office of the State Auditor acts as a catalyst, helping to improve the state's fiscal management and making sure that government-funded programs are working efficiently and effectively.

The Division of Local Mandates within the Auditor's office ensures that the Commonwealth approves no law, rule or regulation that would impose cost obligations upon local communities.

The Auditor also ensures compliance with the 1993 Privatization Act, which requires that privatization occur only when the Administration can show that it will actually save money and preserve the quality of public services.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $14,985,403 for the Auditor.

ATTORNEY GENERAL

The Attorney General is the Commonwealth's chief legal officer. His staff of assistant attorneys general, investigators, paralegals and support personnel defends all civil lawsuits against the Commonwealth and initiates suits on the Commonwealth's behalf in a wide range of cases affecting the public interest. The Attorney General prosecutes criminal cases having statewide importance or impact and assists the offices of the eleven District Attorneys. The Attorney General also issues opinions on legal questions posed by the Legislature, the Governor or state agencies.

The Attorney General's responsibilities include enforcing the Commonwealth's consumer protection, civil rights, environmental and anti-trust laws, representing consumers in utility and insurance rate proceedings, regulating public charities to protect against fraud, waste and abuse in the use of charitable funds, enforcing compliance with the state's campaign finance laws and reviewing new town by-laws.

In addition, the Attorney General administers the Commonwealth's program of compensation to victims of violent crimes, which provides some monetary restitution to persons who have suffered physical or psychological injury as a result of crimes.

In fiscal year 2003, the Senate transfers the Bureau of Special Investigations to the Attorney General. BSI is charged with investigating and identifying welfare fraud and recouping state welfare dollars received through fraudulent means.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $35,131,880 for the Attorney General.

STATE ETHICS COMMISSION

The State Ethics Commission is the initial civil enforcement and advisory agency for the Commonwealth's conflict of interest and financial disclosure laws.

The conflict of interest law applies to all employees of state, county and municipal government, and regulates the conduct of public officials and employees.

The financial disclosure law requires public officials, political candidates, and certain designated public employees to file annual statements disclosing their principal financial interests.

The Commission provides information related to the laws through educational seminars and publications. Its legal division also advises public employees by answering telephone inquiries and writing advisory opinions. The enforcement division reviews complaints concerning officials' conduct to determine whether to initiate disciplinary action.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $1,414,608 for the State Ethics Commission.

INSPECTOR GENERAL

The Office of the Inspector General, created in 1981 in the wake of a major construction procurement scandal, is responsible for preventing and detecting fraud, waste and abuse in the expenditure of public funds. The Inspector General has legal authority to supervise, coordinate, and conduct audits and investigations of programs and operations involving the expenditure of public funds. He or she may also have access to all printed correspondence, data and materials maintained by or available to any public body involved in the expenditure of funds.

When the Inspector General has reasonable grounds to believe that there has been a violation of federal or state criminal law, he must report that violation to the Attorney General. The Inspector General may refer audit or investigative findings to the State Ethics Commission or to any other state or federal agency that may have an interest in the findings. The Inspector General Council must authorize these referrals. Additionally, if authorized by the Attorney General, the Inspector General may sue to recover funds on behalf of the Commonwealth.

The Inspector General, appointed by vote of the Governor, the Auditor and the Attorney General, is eligible to serve two five-year terms. The Inspector General Council, consisting of the Attorney General, the Auditor, the Secretary of Public Safety, the Comptroller, an attorney nominated by the Speaker of the House of Representatives and appointed by the Attorney General, a person with business or accounting experience nominated by the President of the Senate and appointed by the Auditor, and two members of the general public nominated by the minority leaders of both branches of the Legislature and appointed by the Governor, approves requests for subpoenas, referrals of cases to agencies other than the Attorney General or United States Attorney, and requests for budgets and federal funds. The Council also determines the Inspector General's salary and provides other assistance and consultation as deemed necessary.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $1,922,188 for the Office of the Inspector General.

OFFICE OF CAMPAIGN AND POLITICAL FINANCE

The Office of Campaign and Political Finance (OCPF) is responsible for administering and enforcing the Massachusetts campaign finance laws. The Office is headed by a Director, appointed to a six-year term jointly by the Secretary of State, the state chairs of the two major political parties and a law school dean designated by the Governor.

OCPF receives, maintains and makes publicly available campaign finance reports of candidates for state office and of political committees at the state level. The Office also issues regulations, provides advice regarding the campaign finance laws to candidates, committees, local officials and the public, and administers the state's system of limited public financing of campaigns for statewide office.

Finally, OCPF investigates alleged violations of the campaign finance laws. If it determines that a violation has occurred, the Office may enter into a disposition agreement or may refer the case to the Attorney General for prosecution.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $1,089,292 for the Office of Campaign and Political Finance.

OFFICE OF THE STATE COMPTROLLER

The Office of the State Comptroller (OSC) oversees all accounting policies, practices and fiscal management functions for the Commonwealth. The Governor appoints the Comptroller for a coterminous period. OSC operates the state accounting system, administers the annual comprehensive audit that is a requirement of all states receiving federal funds, and prepares the financial reports of the Commonwealth. The Office additionally holds an annual Chief of Financial Officers’ Conference, which provides a forum for the Commonwealth’s department chief financial officers to share ideas surrounding e-government, state finance, internal controls, and the current budgetary and economic situation.

An advisory board must review all rules and regulations promulgated by the Comptroller. This board is chaired by the Secretary for Administration and Finance and includes the State Treasurer, the Attorney General, the State Auditor, the Chief Administrative Justice of the Trial Court and two persons appointed by the Governor.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $7,930,392 for the Office of the State Comptroller.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

The responsibilities of the Executive Office for Administration and Finance (A&F) fall under the broad directives of devising statewide financial and management policy and overseeing its implementation. The eighteen agencies and offices within A&F are responsible for administering and supervising fiscal, programmatic and personnel policies. A&F’s responsibilities include state budget implementation and the monitoring of agency expenditures during the fiscal year as well as the enforcement of the Commonwealth's tax laws and collection of tax revenues. Policies governing the management and benefits of state personnel are within the scope of A&F, as are the administration of the civil service system and the implementation of executive orders concerning equal opportunity. A&F is also responsible for overseeing certain areas of the state's technological and capital investments.

A&F oversees the following offices and divisions:

The Massachusetts Office of Dispute Resolution (MODR) provides mediation, arbitration, facilitation, case evaluation and alternative dispute resolution training to public agencies, municipalities, the courts and citizens of the Commonwealth using MODR staff and private sector neutrals. MODR additionally provides negotiation skills and resolution training to state and municipal employees and officials.

The Central Business Office (CBO) provides human resources, financial services and web and business technology services to small state agencies whose current budgets do not accommodate staff to perform these functions. CBO works to streamline the business support services it provides to fifteen state agencies and is funded in FY03 through an intergovernmental chargeback account.

Fiscal Affairs Division (FAD) is responsible for developing the Governor’s annual budget recommendation submitted to the Legislature for consideration. FAD weighs the fiscal impact of existing and new legislation against incoming revenues and compiles reports on the fiscal health of the Commonwealth. Federal grants, trust funds and foundation grants are also within the scope of the FAD's oversight.

The Division of Capital Asset Management and Maintenance (DCAMM) is responsible for the planning, repair, construction, capital budgeting, real property acquisition, disposition and leasing of the Commonwealth's facilities, including its colleges and universities, hospitals, courthouses, prisons, police stations, recreation centers and other specialized facilities. DCAMM manages approximately $200 million annually in new construction and renovation projects. Additionally, the Division is managing the redevelopment of over 3,700 acres of surplus state property.

The Bureau of State Office Buildings (BSOB) provides a range of services to buildings including the McCormack, Saltonstall, Hurley, Pittsfield and Springfield buildings, as well as to the State House. BSOB is responsible for monitoring and managing private contractors who clean and maintain the buildings, providing pest control and life safety systems. The Bureau also organizes and supervises all State House events.

The Office on Disability conducts training programs for both employers and the disabled. These programs seek to involve the disabled in all aspects of life and teach prospective employers how to incorporate the skills of the disabled in their work force. The Office on Disability is also responsible for monitoring enforcement of the Federal Americans with Disabilities Act.

The Disabled Persons Protection Commission (DPPC) is charged with the investigation of instances involving the abuse of persons who, due to a mental or physical disability, are dependent on others for daily living needs. The Commission investigates abuse of disabled persons in state-operated facilities and private hospitals, as well as cases of abuse by families or caretakers. In addition to remedying abusive situations, DPPC also ensures that victims of abuse are protected. DPPC conducts its own investigations and reviews investigations conducted by law enforcement agencies and other state agencies. DPPC runs a 24-hour hotline and works to inform disabled people and human service providers of its services and goals.

The Civil Service Commission is a quasi-judicial administrative body that has investigatory responsibilities and hears and determines appeals regarding the merit system in public employment. The Commission protects the rights of the non-union employees of the Commonwealth.

The Division of Administrative Law Appeals (DALA) conducts adjudicatory hearings of appeals to or from state agencies, or as a result of a notification of intended state agency action. The Division hears cases relevant to decisions made by a range of agencies including the State Retirement Board, the department of Mental Retardation, and the Boards of Medicine and Registration.

The Massachusetts Commission Against Discrimination (MCAD) enforces the civil rights laws and regulations of the Commonwealth in both the public and private sector. MCAD pursues its anti -discrimination mandate through the resolution of complaints of discrimination in areas of employment, housing, public accommodations, services, credit and education. MCAD also advises the Governor’s cabinet concerning the policy and practices of the affirmative mandates in employment, housing, construction contract compliance and minority and women-owned business enterprises.

The Department of Human Resources (HRD) conducts testing and training programs for Commonwealth employees. HRD administers civil service tests, including public safety exams for firefighters and police officers. The HRD classification unit standardizes wages and job responsibilities for civil service employees. The Department also offers human resource and development courses and manages a performance recognition program.

The Information Technology Division (ITD) sets information technology standards and plans, designs and operates information technology systems. ITD also manages the Commonwealth’s mailing operations, and is responsible for the launching of Mass.Gov, the new Massachusetts statewide portal. Offices within the division include the Operational Services Bureau, Enterprise Applications Bureau, Commonwealth Information Warehouse, Strategic Planning Group and Technology Finance Group.

A&F is the secretariat under which quasi-judicial agencies serve as forums for appeals of decisions made by other governmental bodies. The Appellate Tax Board (ATB) hears appeals from the decisions of any state or local taxing authority.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $254,589,579 for the Executive Office of Administration and Finance, not including Veterans Services, Department of Revenue and Group Insurance Commission.

Department of Veterans Services

The Department of Veteran Services (DVS) is the state agency responsible for addressing the concerns of veterans and their families. The agency promotes awareness of the employment needs and qualifications of veterans, as well as their entitlement to tuition-free education at state institutions. DVS maintains nine outreach centers across the Commonwealth, providing employment assistance, peer counseling, referrals service and housing services. DVS also funds 16 shelters and transitional housing programs and, recently, opened a state veterans’ cemetery in Agawam.

Veterans who do not receive benefits such as unemployment, worker's compensation, federal assistance or Medicaid are eligible for benefits issued by local agents in cities and towns. This monetary aid helps to provide food, clothing, shelter, utilities and insurance, as well as medical service and burial. Veterans who are permanently disabled as a result of a wartime incident as well as dependents of veterans who died in combat are eligible for a $1,500 annuity funded through the Department. DVS also receives an annual appropriation that is devoted to expanding and supporting a network for women veterans throughout the Commonwealth, increasing the awareness of benefits available to all veterans.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $29,113,715 for the Department of Veterans Services.

Group Insurance Commission

The Group Insurance Commission is a quasi-independent state agency that provides and administers health insurance and other benefits to the Commonwealth’s employees and retirees, as well as to their dependents and survivors. The GIC also covers personnel from housing and redevelopment authorities, retired employees in certain governmental units and retired municipal teachers. The Commission is comprised of eleven members, encompassing a range of interests and expertise including labor representatives, retirees, public members, executive branch representatives and a health economist.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $799,152,547 for the Group Insurance Commission.

Department of Revenue

The Department of Revenue performs functions including and pertaining to the collection of taxes. In an effort to maintain and increase the Department’s efficiency in this mission, it continues to offer and enhance paperless filing methods, including telefile and efile options. The Department also serves citizens of the Commonwealth by providing an extensive list of tax law changes on its website highlighting increased deductions to taxpayers. Additionally, DOR compiles a variety of reports detailing the periodic and projected collections of revenue, and estimates the likely costs of proposed legislation and changes to tax laws.

Within DOR exist several divisions responsible for investigating, collecting and managing the Commonwealth’s fiscal resources. The Division of Local Services provides financial oversight and assistance to cities and towns by certifying free cash, assisting municipalities in making revenue and expenditure projections, and certifying tax rates. The Division also provides access and training for the Computer Assisted Massachusetts Appraisal and Tax Administration System. DOR's Child Support Enforcement Unit collects delinquent child support payments on behalf of custodial parents. CSE is charged to pursue child support payments for recipients of state assistance, thereby ensuring that non-custodial parents’ financial obligations are not an additional financial burden to the state welfare system.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $263,702,170 for the Department of Revenue.

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

The Executive Office of Environmental Affairs (EOEA) is responsible for the protection, preservation, and regulation of the natural resources and environmental integrity of the Commonwealth. Offices within the secretariat include the Massachusetts Environmental Policy Act (MEPA) Office, the Coastal Zone Management (CZM) Office, the Geographic Information System (GIS) Office, the Office of Technical Assistance for Toxic Use Reduction, and the Division of Conservation Services.

EOEA also oversees the operations of the following five departments:

The Department of Environmental Management (DEM) is the Commonwealth's principal land management and natural resources planning agency. DEM oversees the nation's ninth largest forest and park system, including 144 staffed recreation areas, 20 swimming pools, eight ocean beaches, eight urban heritage state parks, 1,894 miles of state forest and park, and 28 modern camping areas.

The Department of Environmental Protection (DEP) administers the state's environmental regulatory programs for the protection of air, water, and land resources. DEP is organized into three bureaus: Resource Protection, Waste Prevention, and Waste Site Cleanup.

The Department of Fisheries, Wildlife and Environmental Law Enforcement (DFWELE) preserves the state's marine and freshwater fisheries, wildlife species and rare or threatened plants. In addition to identifying critical ecosystems, acquiring land and restoring habitat, DFWELE enforces all environmental protection laws and issues licenses for hunting and fishing. The Commissioner’s office oversees the divisions of Fisheries and Wildlife, Law Enforcement, Marine Fisheries, the Public Access Board, and the Riverways Program.

The Metropolitan District Commission (MDC) manages and operates 20,000 acres of parkland and reservations, in addition to river ways, dams, beaches, golf courses, swimming pools, skating rinks and other recreational facilities within the metropolitan Boston area. The MDC is also responsible for a vast watershed and reservoir system including 120,000 acres of property and such water resources as the Quabbin and Wachusett Reservoirs. These areas provide the water supply for over two million Massachusetts residents as well as habitat for rare and endangered species.

The Department of Food and Agriculture (DFA) coordinates programs to preserve farmlands, reduce the use of pesticides and promote food and farm products produced in the Commonwealth.

Open Space Acquisition

In fiscal year 2002, the legislature created the Open Space Acquisition Fund, designated for use by EOEA to fund existing environmental programs that purchase open space lands. 15% of statewide end-of-year surpluses are directed to the fund, creating a permanent annual funding source dedicated to the Commonwealth’s biodiversity and habitat conservation, water supply protection, acquisition of outdoor recreation parklands, and farm and forest land preservation.

Commonwealth Zoological Corporation

In mid-April of this year, the Senate passed over $900 million in five-year bond authorizations for the Executive Office of Environmental Affairs and the departments within the secretariat. $18 million is allocated over three years for capital costs of the Commonwealth Zoological Corporation, which includes the Stoneham Zoo and the Franklin Park Zoo. With this funding the Senate proposes to maintain the same level of financial commitment to the zoos that the Commonwealth has provided since fiscal year 1998.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $195,477,175 for the Executive Office of Environmental Affairs.

Massachusetts Water Resources Authority

The Massachusetts Water Resources Authority (MWRA), an independent public authority, is charged with ensuring the region's compliance with the Federal Clean Water Act. The Authority is located within, but not subject to the control of, EOEA.

The MWRA is governed by a Board of Directors, who are appointed by the Governor, member communities and the Secretary of Environmental Affairs, who Chairs the Board. The Authority provides wholesale water and sewer services to 61 Massachusetts cities and towns; 48 additional communities purchase water services from the MWRA and 43 communities purchase sewage disposal and treatment. The MWRA is responsible for the $3.8 billion dollar Boston Harbor Clean-up Project, which includes construction of the new Deer Island treatment facility, a submerged tunnel across Boston Harbor connecting Nut and Deer Islands, an effluent outfall tunnel, and sewage residual management facilities.

The Division of Medical Assistance

Historical Perspective

The Division of Medical Assistance, established in 1993 as an independent state agency, operates under the Executive Office for Health and Human Services and is responsible for administering the state’s Medicaid program and Children’s Health Insurance Program, commonly known together as MassHealth. Through this program, nearly 1,000,000 residents of the Commonwealth currently receive health care benefits that they would not have access to without public assistance. Members typically are offered access to physician visits, prescription drugs, hospital stays, and various other life-preserving services. Virtually all of the Division’s expenditures are eligible for partial reimbursement by the federal government at a minimum rate of 50%. This means that every two dollars worth of benefits provided by the program cost the state a single dollar.

While state public health insurance programs have existed for decades, MassHealth has experienced significant change in recent years, both in increased enrollment and in the addition of comprehensive benefit programs. The first 20 years of the state’s Medicaid program, which commenced in 1968 under the Department of Public Welfare, passed without any significant changes. Benefits were provided to a very limited group of children, extremely poor families and disabled individuals based on very strict financial guidelines. However, a push for Universal Health Care coverage in the late 1980s began a sequence of successful attempts at increasing the magnitude of our Medicaid program. Despite the repeal of the state’s 1988 Universal Health Care law in the early 1990s, progressive healthcare legislation throughout the 1990s propelled us significantly closer to achieving the spirit of that law, taking monumental strides in the effort to reduce the number of uninsured individuals in the state.

In 1990, the state’s Medicaid program covered only 550,000 people, at a time when the state’s rate of uninsured fluctuated between 10 and 14 percent. Individuals without preventive, comprehensive insurance coverage were being charged off at enormous costs to the state’s Uncompensated Care Pool, which at the time was funded solely by hospitals and insurers. Pool expenditures were skyrocketing, increasing by over $100,000,000 within the 4-year period from 1992-1995. At the same time, the Medicaid program was experiencing only minimal and often negligible increases in expenditures per member. These moderate increases are generally attributed to innovative changes in the administration and structure of the Medicaid program. One of the most lauded modifications has been the implementation of a Managed Care system and the departure from the traditional “fee-for-service” based program. Introduced in 1992, the Managed Care program now covers over 630,000 MassHealth members who are enrolled in either a Managed Care Organization or in a Primary Care Clinician plan. Both of these options offer substantial savings to the state and provide members with increased access to provider networks.

Health Care Reform

Despite the innovations mentioned above, as many as 800,000 individuals did not have access to any type of health insurance and were increasingly threatening the stability of the state’s health care system. In 1996, the legislature responded to this growing problem by passing the McDonough-Montigny legislation, extending benefits to low-income children, families and certain unemployed individuals, and creating a prescription drug program for seniors and the disabled. Subsequent legislation passed over the next few years extended benefits to a greater number of families, employees of small businesses, and individuals diagnosed with HIV/AIDS. As a result of this expansion, Massachusetts has one of the most comprehensive Medicaid programs in the country, providing essential care to the most needy residents in the Commonwealth. Statistics easily delineate the success of these reforms:

Ø The number of uninsured children has dropped dramatically from 5.8% to 2.8%, and the number of uninsured adults is now less than 6%;

Ø Over 110,000 additional children have enrolled in Medicaid programs that were authorized by the Legislature during the mid-to-late 90s;

Ø Massachusetts has been ranked among the top three states in the nation for its progress in enrolling children in public health insurance programs;

Recent expenditure growths have caused some concern and have earned the Medicaid program the unfortunate title of “budget buster”. It is not coincidental, nor unreasonable, that MassHealth expenditures have grown with the expansion of the program. The Legislature has monitored this growth, and with enrollment and spending levels doubling since the early 1990s, has approved several cost-containment initiatives that save the state valuable general fund dollars. The most lucrative of these efforts have been the aggressive audits of fraudulent claims and reduction in waste. Through these reviews, the state avoids over $1 billion in cost each year. More recently, efforts have been made to provide care in the most cost-efficient setting, while maintaining the quality of life for those served by the Division. The Division has also made significant progress in providing seniors and disabled individuals with the option of receiving community-based care, rather than requiring care to be provided in a more costly institutional setting.

MassHealth Standard

The most comprehensive of the Medicaid programs, the Standard benefit package is offered to low income families and children, pregnant women, low-income seniors and certain disabled adults. There are 840,000 people enrolled in the MassHealth standard program. Individuals under age 65 are generally enrolled in one of the Division’s managed care programs. Members are charged low co-pays for non-emergency services and receive a full range of preventive health care benefits, including: inpatient and outpatient services, pharmaceuticals, physician services and durable medical equipment. While the cost of providing care to these members has increased over the last several years, these increases are comparable to those seen in private insurer premiums.

If their health requires, seniors and some disabled members are placed into either a long-term care facility, such as a nursing home, or are given the option of receiving community-based care. Recent lawsuits at the federal level have made it clear that priority should be given to providing comprehensive care in the least restrictive setting possible. Placing members in community-based settings also saves the state a considerable amount of money, as per member nursing homes expenditures are more than six times the average cost of providing care in alternative settings. Currently, just over 36,000 seniors are in institutionalized settings while over 67,000 receive care through various community-based options, including: personal care attendants, private duty nursing, adult foster care and home health services.

Certain disabled members receive benefits through the CommonHealth program, which provides a comparable benefit package to MassHealth Standard, however members in this population with incomes over 200% of the Federal Poverty Limit pay sliding-scale premiums and may be subject to a one-time deductible in order to be eligible to receive services.

MassHealth Basic

The MassHealth Basic program provides benefits to 60,000 long-term unemployed individuals at or below 133% of the FPL. These individuals are often marginally disabled or mentally retarded and are unable to work. Members are required to enroll in a managed care plan and are eligible for all MassHealth Standard benefits with the exception of non-emergency transportation and long term care facilities. The Division of Health Care Finance and Policy estimates that this program reduces expenses in the Uncompensated Care Pool by as much as $160 million per year.

MassHealth Family Assistance

Also known as the Children’s Health Insurance Program, this program provides benefits to children and families with incomes that are above those allowed by the MassHealth Standard program, but are less than 200% of the Federal Poverty Limit. Direct coverage, with benefits comparable to MassHealth Standard, is provided to children who do not have access to insurance through their parents’ place of employment. Premium assistance is offered to families that have access to employer-sponsored health insurance, which provides a significant savings to the state over enrolling these children in the direct coverage program. Most of the 34,000 members enrolled in the MassHealth Family Assistance Program are charged a nominal monthly premium for each enrollee. Adults with incomes at or below 200% of the FPL, who are otherwise ineligible for MassHealth but who are working for qualified small employers (50 or fewer full time employees) may also participate in the Insurance Partnership Program, which provides premium assistance and reimbursement to both the employee and the employer.

MassHealth Limited

MassHealth Limited provides coverage for emergency services for 28,000 undocumented immigrants, both adults and children, who would otherwise be eligible for MassHealth standard but for their immigration status. The services covered are extremely restricted and are limited to those necessary for acute, medically necessary conditions, including labor and delivery.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $5,729,472,746 for the Department of Medical Assistance.

The Tobacco Settlement Fund

Established pursuant to the Master Settlement Agreement, the resolution of a multi-state lawsuit against the tobacco industry, the Tobacco Settlement Fund serves as a vital source of revenue for health care programs in the Department of Public Health, the Division of Medical Assistance and the Executive Office of Elderly Affairs. As a result of this settlement, the state has received $850,000,000 over the last 3 years from some of the largest tobacco companies in the country. Massachusetts is slated to receive almost $8 billion in the first 25 years following the decision and will continue to receive payments indefinitely. Legislation drafted in the late 1990s directs a significant portion of those receipts to the Health Care Security Trust, an off-budget trust that is intended to provide for the long-term financial stability of the state’s health care programs. Because this settlement is intended to re-pay states for the cost of health care services provided to individuals with tobacco-related illnesses that have been treated by state public health programs, the legislature has also established that all funds expended will be directed towards health care related services.

The largest chunk of the expenditure fund is directed towards the Prescription Advantage Plan, an innovative insurance program that covers pharmaceuticals for the elderly and disabled populations. The State has appealed to the federal government to receive federal reimbursement for a portion of these funds, which would significantly decrease the costs of the program and would recognize its effectiveness in preventing more costly acute care services. The state has also been able to step-up its smoking cessation and treatment efforts, with the legislature appropriating over $20 million per year to enhance the Department of Public Health’s tobacco control program.

In fiscal year 2003, the Senate Ways and Means budget recommends using 80% of the settlement receipts to preserve funding for vital health care programs.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Established in 1971 as a cabinet level agency, the Executive Office of Health and Human Services (EOHHS) provides oversight to its 15 member agencies. Together, these agencies provide essential services in order to promote health, safety, independence, and quality of life to those in need. Those receiving assistance include children and the elderly, the physically sick and disabled, and the mentally ill and retarded. The largest secretariat in the Commonwealth, EOHHS oversaw the expenditure of a $9.1 billion annual budget in fiscal year 2002. The Secretariat has almost 28,500 employees.

EOHHS directs the policy and fiscal affairs of the following agencies: Division of Medical Assistance, Division of Health Care Finance and Policy, Massachusetts Commission for the Blind, Massachusetts Rehabilitation Commission, Massachusetts Commission for the Deaf and Hard of Hearing, Office of Child Care Services, the Soldier’s Home in Chelsea, and the Soldier’s Home in Holyoke, Department of Youth Services, Department of Transitional Assistance, Department of Public Health, Department of Social Services, Department of Mental Health, Department of Mental Retardation, and the federally funded Massachusetts Office for Refugees and Immigrants.

Division of Health Care Finance and Policy

On July 1, 1996, the Massachusetts Rate Setting Commission and the Department of Medical Security were consolidated to create the Division of Health Care Finance and Policy (DHCFP). The Division is responsible for the health care information and pricing and most regulatory functions formerly handled by the Rate Setting Commission. DHCFP also administers the Uncompensated Care Pool, a fund that reimburses Massachusetts acute care hospitals and community health centers for services provided to uninsured individuals. In addition, the Division collects, analyzes and disseminates information on the healthcare delivery system in Massachusetts and conducts a bi-annual survey of the number of uninsured individuals in the Commonwealth.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $15,084,422 for the Division of Health Care Finance and Policy.

The Commission for the Blind

In serving the more than 35,000 blind residents of the Commonwealth, the Massachusetts Commission for the Blind (MCB) develops public policy and delivers a variety of services to blind citizens of the Commonwealth. MCB programs range from Braille instruction and mobility classes to financial and vocational assistance.

Community Services provided by MCB include after-school programs to help children and adolescents adjust to mainstreaming in the school systems, as well as vision stimulation for children and a variety of support groups. MCB sponsors the Radio Reading Services, which provide the blind and the visually impaired with prompt access to current newspaper articles, periodicals and best sellers. In addition, MCB provides independent living assistance for blind elderly and multi-handicapped individuals who might otherwise be institutionalized.

The Commission's "Turning 22" program aids deaf-blind and multi-handicapped individuals in making the transition from special education programs to adult human services programs. The majority of the funds for the “Turning 22” program are used to provide intensive residential or day services to eligible clients. In recent years, the state has increased funding in order to ensure that all newly eligible clients receive services and do not fall onto a waiting list. MCB also administers the state Supplemental Security Income account for an average of 4,275 blind people each month and is responsible for determining eligibility for approximately 7,000 blind Medicaid recipients.

The Commission also manages a number of programs that enable the blind to fulfill their employment potential. MCB provides vocational rehabilitation services to blind clients, providing them with the necessary tools to achieve competitive employment. Vocational rehabilitation programs include diagnostic and evaluation services, job training with the possibility of financial aid towards college tuition, and job placement as well as follow-up services. As the work place becomes increasingly specialized, MCB has incorporated technological training of its clients through the purchase of training equipment.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $26,166,780 for the Commission for the Blind.

The Massachusetts Rehabilitation Commission

The Massachusetts Rehabilitation Commission (MRC) provides comprehensive services to enhance the quality of life for people with disabilities. MRC focuses on enabling disabled people to live independently and to attain a higher level of self-sufficiency. To further these goals, MRC provides a variety of services including vocational rehabilitation, counseling, job training, vehicle modification, adaptive housing, transportation, job placement, home care, protective services and head injury services.

The goal of the Vocational Rehabilitation program at MRC is to assist individuals with disabilities in obtaining competitive employment. In fiscal year 2001, the Vocational Rehabilitation program provided counseling, training, assistive technology, and support for over 36,000 people with disabilities and successfully placed over 4,800 individuals in competitive, paid employment. For severely disabled individuals incapable of working in a competitive setting, the Extended Employment program contracts with 42 nonprofit workshops to provide supervised long-term employment, either in a rehabilitation facility or a private sector business setting. MRC also provides supported employment programs for mentally retarded individuals and individuals with emotional disabilities.

Twelve Independent Living Centers, contracted by MRC, form the core of the Independent Living Program. The Centers serve an average of 845 clients annually, helping severely disabled clients develop skills that enable them to live in the community and avoid institutionalization. The “Turning 22” program within the Commission funds residential and/or case coordination and skills training services for disabled individuals, who, at the age of 22 are no longer eligible for Special Education services through the Department of Education. As with other “Turning 22” programs, the Commonwealth continues to increase funding in order to keep newly eligible clients off the waiting list and instead receiving the services they need.

MRC provides two types of home care programs. The Personal Care Assistance program assists employed individuals with tasks such as bathing, dressing, and meal preparation, enabling them to remain in the community and maintain employment, and thereby eliminating the financial incentive of unemployment for individuals who are able to work but unable to pay for a personal attendant. For severely disabled individuals, the Home Care Assistance Program provides homemaker services to individuals who are between 18 and 59 years of age, allowing them to live in their own homes rather than in less familiar and more costly institutions.

MRC administers the Statewide Head Injury Program (SHIP), which serves the needs of Massachusetts’ residents who have sustained external, traumatic head injury resulting in severe damage to physical, behavioral or cognitive ability. Prior to SHIP's launching, head injured residents were sent out of state for treatment that removed them from their familiar surroundings and was costly to the Commonwealth. The SHIP program enables the state to serve clients within the Commonwealth, often within their own communities and homes, helping them to adjust to changes in their lives caused by their injuries. A significant portion of these services are funded through a separate Head Injury Treatment Services Trust Fund, comprised of speeding ticket surcharges and DUI fines, the belief being that the individuals acting in ways that cause many of these injuries should be those held responsible for the funding of these services.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $45,432,487 for the Massachusetts Rehabilitation Commission.

The Commission for the Deaf and Hard of Hearing

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) is responsible for enhancing communication access and improving the quality of life for residents of the Commonwealth who are deaf or hard of hearing. The agency provides services to clients through case management, consumer information and independent living services.

MCDHH maintains and coordinates a statewide interpreter referral service for deaf, late deafened and hard of hearing persons. The Commission receives over 29,000 requests for interpreters each year and acts as a technical consultant to state agencies, private organizations and professionals who serve deaf clients. Ten independent living centers provide skills training as well as communication and living assistance to deaf and hard of hearing persons.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $5,352,437 for the Commission for the Deaf and Hard of Hearing.

Office of Child Care Services

Created in 1997 to bring together under one agency all aspects of child care services in Massachusetts, the Office of Child Care Services (OCCS) is responsible for ensuring the quality of child care and coordinating services to children receiving state-subsidized child care. OCCS monitors and licenses childcare centers and develops public policy and programs related to children. OCCS also administers a wide variety of child care programs, including child care for recipients and former recipients of transitional assistance, child care for low-income families, and child care for children receiving services from the Department of Social Services.

OCCS also oversees other programs and services. OCCS contracts with regional Child Care Resource and Referral Agencies (CCRRAs) to help parents across the Commonwealth find child care and to provide training for child care providers. The Children's Trust Fund (CTF), a public-private partnership administered through OCCS, coordinates a number of child abuse prevention programs in Massachusetts, including the Healthy Families Newborn Home Visiting Program for parents under the age of twenty-one.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $388,817,208 for the Office of Child Care Services.

Soldiers’ Homes

The Soldiers' Homes in Massachusetts, located in Chelsea and Holyoke, provide outpatient treatment, accredited hospitalization care, and residential care for eligible veterans residing in Massachusetts. Both Soldiers' Homes also provide special health care and recreational services for veterans with Alzheimer's disease.

The Soldiers' Homes provide acute care, long-term care, and dormitory housing. The majority of services provided at Holyoke are high-quality hospital services, with the vast majority of residents receiving skilled nursing care in the long-term care unit. In response to requests from veterans, Holyoke also provides outpatient dental services and pharmacy programs.

The Soldiers' Home in Chelsea provides predominantly residential services, with 350 residents living in its dormitories. The residents enjoy a great degree of independence that is supplemented by services, including physical therapy, recreational therapy, substance abuse counseling and nursing care. An accredited School of Practical Nursing operates a 42-week Licensed Practical Nurse program at the Soldiers’ Home. The students are primarily single parents, older homemakers, minorities and individuals whose tuition is funded through programs of the Departments of Transitional Assistance or Employment and Training.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $39,408,034 for the Soldiers’ Homes in Chelsea and Holyoke.

Department of Youth Services

The Department of Youth Services is the Commonwealth's juvenile correctional agency, charged with providing a comprehensive and coordinated program for preventing delinquency.

The Department provides services to three categories of children: children who have been permanently committed to the Department after a Juvenile Court has found them to be delinquent or, if they have been tried as adults, after a Superior Court has convicted them; children who have been temporarily committed to the Department in lieu of bail while a court proceeding is pending; and children who have been referred to the Department under a voluntary probation agreement, while remaining under the supervision of the Juvenile Court.

The Department offers a variety of different programs tailored to the varying needs of the children receiving its services. Residential secure treatment, the most intensive of the Department's programs, provides long term treatment for delinquent children who have committed violent crimes against persons or who have a history of committing less serious offenses. These programs are physically restrictive and highly structured, providing academic instruction, counseling and vocational training.

Youth who have committed less serious, non-violent offenses receive treatment from a variety of community-based rehabilitative programs, such as residential group care, foster care, independent living, outreach and tracking, and intensive community supervision. The Department also provides medical and educational services in an effort to prevent the recurrence of delinquent or criminal behavior.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $119,319,441 for the Department of Youth Services.

Department of Transitional Assistance

The Department of Transitional Assistance (DTA) is the state agency responsible for administering public assistance programs and assisting the Commonwealth's most impoverished citizens. Emphasizing temporary assistance, DTA provides financial help to those in economic distress while encouraging recipients of aid to participate in education, training and job search activities that promote responsibility and self-sufficiency. The Department currently provides services to over 350,000 families and individuals across the commonwealth.

Transitional Aid to Families with Dependent Children

Transitional Aid to Families with Dependent Children (TAFDC) is the program most commonly identified as “Welfare.” Jointly funded through Federal revenues and state resources, TAFDC provides financial support to families and children who have little or no assets and income. In addition to receiving an average monthly grant of about $510, TAFDC recipients living in unsubsidized housing receive a rent allowance of $40 per month, and children eligible for TAFDC receive a one-time clothing allowance of $150 each September. The typical TAFDC family consists of a single mother with two children.

In 1994, the TAFDC caseload had as many as 114,000 recipients. The caseload showed a steady decline until reaching a low of 42,000 recipients in July 2000- a result of both the strong economy and the provisions of Welfare Reform implemented in the mid-1990s. Since reaching its low point in July 2000, the caseload has increased again as the economy has softened. Current projections are for approximately 50,000 recipients to be on the TAFDC monthly caseload in state fiscal year 2003.

Emergency Assistance and Homelessness

The Emergency Assistance program provides rent arrearages to families in crisis situations below 130% of the Federal Poverty Level to help prevent eviction and homelessness. If a family below 130% of the Federal Poverty Level does become homeless, the Emergency Assistance program funds a system of homeless shelters that insures all families have a roof over their heads and a place to stay when no other options are available. The Emergency Assistance program also helps fund housing search programs to make sure that a struggling family’s stay in the shelter system is as short as possible. In recent years, the number of Massachusetts’ residents seeking shelter has been on the rise, with the number of families in the family shelter system increasing from 850 to 1,300 between fiscal year 1999 and the present. In addition to the Emergency Assistance program providing shelter to families, the state also funds a separate program to provide shelter to homeless individuals.

Supplemental Security Income

The Federal government administers a Supplemental Security Income program for elderly and disabled individuals who meet prescribed income limits. Massachusetts also provides each recipient of Federal SSI an additional sum each month to help offset the high cost of living in the Commonwealth. In fiscal year 2003, over 163,500 people will receive this supplemental income payment.

Emergency Aid to the Elderly, Disabled and Children

Emergency Aid to the Elderly Disabled and Children (EAEDC) provides benefits to poor individuals and families who do not qualify for other programs. Roughly two-thirds of the cases are related to disability. In 1994, approximately 22,000 individuals received EAEDC benefits. The caseload showed a steady decline until reaching a low of 13,200 in November 2000. Since then, the caseload has increased. In fiscal year 2003, projections are for approximately 17,000 recipients to be on the monthly EAEDC caseload.

Food Stamp Program

The Food Stamp program provides benefits to insure low-income people across the commonwealth access to the food they need to maintain good health and nutrition. Operated by DTA under the direction of the United States Department of Agriculture, the federal food stamp program serves 240,000 people each month in Massachusetts. DTA also operates the State Supplemental Food Stamp Program. Paralleling the federal food stamp program, this program provides state-funded food stamp benefits to people who are not eligible for the federal food stamp program because they are non-citizens. This program for legal non-citizens provides vital nutritional help to an additional 7,000 low-income people a month.

With only 50% of eligible individuals participating in the food stamp program in Massachusetts, a growing concern was that people were not receiving the nutritional assistance they needed because of administrative obstacles. In response to these concerns, a number of administrative changes have been made to the program. These changes included simplifying the food stamp application, extending DTA office hours, placing outreach workers at community organizations, expanding the number of people categorically eligible for benefits, continuing food stamp benefits for people when TAFDC benefits are terminated, and reducing the frequency of reporting requirements for recipients.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $915,515,807 for the Department of Transitional Assistance.

Department of Public Health

The Department of Public Health (DPH) is the state agency responsible for promoting and protecting the health of the Commonwealth's citizens. Services provided by the Department include licensing and inspecting the state's health care facilities, monitoring and controlling communicable and sexually transmitted diseases, and monitoring the use of hazardous substances. DPH also administers programs that target family and community health, drug and alcohol rehabilitation, lead poisoning prevention, and infant mortality reduction.

Bureau of Family and Community Health

Through several programs within the Bureau of Family and Community Health, DPH purchases health care, education, and screening services for families, infants and children. Two programs run by the Bureau attempt to address the problems of infant mortality and low birth weight. The Healthy Start program provides health care services to uninsured pregnant women whose income level is at or below 250 percent of the federally defined poverty level. Healthy Start coordinates with other state programs to ensure its participants receive early and continuous access to health care, and screens clients for Medicaid eligibility.

The Women, Infants and Children (WIC) program provides nutritional screening, education, and food vouchers for low-income women who are pregnant, breastfeeding or postpartum, as well as for infants and children under the age of six who are at nutritional risk. Through a statewide network of 36 local programs at 150 sites, WIC offers specialized programs that address the nutritional needs of its clients. Women are taught the importance of nutrition and are provided with food vouchers designated for the purchase of healthy food staples. The WIC program also receives federal rebates for infant formula purchases; those rebates are used to provide food vouchers for additional clients.

The Bureau of Family and Community Health also administers the Early Intervention program, which offers family-centered developmental services for children from infancy to age three who are experiencing, or are at risk of, developmental delay.

In 1992, Massachusetts became the first state in the nation to fund a breast cancer research program. The program awards 40 grants to scientists in the formative stages of their careers, with the goal of fostering interest and expertise in the field of breast cancer research in Massachusetts. Funding from the Breast Cancer Program also provides over three million dollars for screenings as well as information and referral services to low-income women between the ages of 40 and 64 who are uninsured or underinsured.

The Bureau of Family and Community Health also oversees the Teen Pregnancy Prevention Program, which provides funding to 17 communities with historically high rates of teen pregnancy. Programs are community-based and focus on peer leadership and education in an effort to build awareness among teens in the targeted communities.

The Bureau also administers programs in occupational health, dental health services for the developmentally disabled, and provides grants for 52 community health centers across the state.

Health Care Quality

The Division of Health Care Quality oversees the delivery of all health care services in the Commonwealth to ensure that standards for patient care are met. The Division inspects and certifies all nursing homes, hospitals, ambulance services and institutions for the mentally retarded and the mentally ill to insure quality of care and investigates allegations of abuse and neglect on behalf of clients receiving health services. Since 1999, expanded resources have been made available to strengthen health care in Massachusetts, including additional investigators to allow DPH to respond to abuse allegations in a timely manner, enhanced regional coordination of emergency services, and fully funded scholarships for individuals seeking certified nurses’ aide training as an effort to alleviate staffing shortages in long-term care facilities. Through the Managed Care Law of 2000, the Office of Patient Protection was created in order to provide individuals with the option to contest denial of care by their health provider through a hearing before an independent review panel.

As part of restructuring certain aspects of state government, the oversight of certain health care related boards of registration were transferred from the Division of Professional Licensure and the Office of Consumer Affairs and Business Regulation to the care and control of the Department of Public Health. The boards targeted for transfer are those responsible for licensing health professionals that work in facilities currently licensed by DPH. These boards specifically include the boards of registration in Nursing, Pharmacy, Medicine, Physicians Assistants, Nursing Home Administrators, Perfusionists, and Respiratory Care Therapists. Such boards are necessary to protect the health, safety, and welfare of the Commonwealth’s citizens by setting standards for practice. These individual boards grant and renew licenses, investigate complaints, and prosecute disciplinary actions against licensees.

State Laboratory Institute

The Bureau of Laboratory Sciences provides testing, scientific data and evaluation, training and emergency response for programs involving infectious diseases, environmental health, newborn diseases and drugs of abuse. The Communicable Disease Bureau investigates outbreaks and educates communities in reducing the incidence of communicable diseases, contracts with private clinics to prevent and educate clients about tuberculosis, works with STD clinics to educate clients, collects, interprets and disseminates data regarding AIDS, and provides comprehensive health assessment, case management and referral to newly arriving refugees.

HIV/AIDS Bureau

The HIV/AIDS Bureau consists of three programmatic units: Prevention and Education, which targets at-risk populations; Client Services, which include case management, meals, transportation, childcare, peer support, mental health services counseling as well as financial and legal support; and HIV Health Services, including HIV counseling and testing, home health care, corrections services, community health center capacity development programs, and ACT Now (Access to Care and Treatment Now) primary care sites. In response to a needs assessment conducted by the Department, the AIDS Bureau has identified and targeted underserved populations at high risk of HIV infection, including intravenous drug users, gay men of color, homeless people, and new immigrant groups.

Bureau of Substance Abuse Services

The Bureau of Substance Abuse Services provides a variety of treatment and prevention programs designed to target the significant health problems arising from drug and alcohol abuse. The Bureau provides alcohol/drug treatment services designed to meet the specific needs of many diverse geographical areas and populations throughout the Commonwealth. Particular emphasis is placed on the specialized needs of ethnic and linguistic minorities, high-risk youth, pregnant and parenting women, men and women with disabilities, homeless individuals, individuals with HIV/AIDS, individuals involved in the criminal justice system, and individuals with both mental illness and addiction. Services include outpatient counseling and health education, medically monitored detoxification services, youth intervention and family support services, residential rehab services, and transitional support services to bridge the gap between acute treatment and residential rehabilitation.

Smoking Prevention and Cessation

DPH runs the Massachusetts Tobacco Control Program, funded through a voter-approved increase of the cigarette tax as well as through payments received from the State’s settlement with the tobacco industry.

The most visible aspect of the program is the statewide media campaign of television, radio, newspaper and billboard advertising. Other education efforts include providing funds through the Department of Education to local school districts for tobacco education in the classroom. In addition to educating the Commonwealth, the Tobacco Control Program funds research and evaluation studies regarding public attitudes toward tobacco as well as the health consequences of second-hand smoke.

Regional tobacco cessation programs provide treatment services consisting of individual counseling combined with pharmacological treatments; the programs provide outreach and referral services to attract candidates less likely to seek help on their own. Thirty-one Innovative Smoking Intervention Programs are utilized for groups who have not traditionally taken advantage of center-based cessation services, such as young mothers, homebound populations and immigrants with limited English.

Disease Prevention and Education

The Department addresses both communicable and non-communicable diseases through prevention and education campaigns for individuals as well as health care providers, grants for innovative disease research, screenings for uninsured individuals at risk and case management services for those who have acquired disease. Since the advent of the tobacco settlement in 2000, the Commonwealth has directed settlement funding towards research and education for individuals and health providers on Hepatitis C, as well as towards providing case management services to victims. In 2000, DPH began a case management and home care assistance program for individuals with multiple sclerosis funded through the Tobacco Settlement Fund. Since the same year, the Commonwealth has also expanded available funding for research into prostate and breast cancer, including targeted environmental research efforts in areas of unique opportunity. The Department also funds education and outreach programs on osteoporosis, colorectal cancer and neurofibromatosis.

Public Health Hospitals

Although a number of DPH facilities were closed in the early 1990s, the Department continues to run four state hospitals. Western Massachusetts Hospital, located in Westfield, provides chronic care to 75 adults and children. The hospital includes a coma unit, a rehabilitation unit for neuro-degenerative diseases, an Alzheimer's disease program, a hospice program for the terminally ill, and a head injury unit. The Massachusetts Hospital School, located in Canton, provides chronic and rehabilitative care for severely physically disabled children and young adults. The facility offers speech, occupational and physical therapies, and runs a summer camp for disabled children. Tewksbury State Hospital provides chronic care for adult and geriatric patients, a rehabilitation unit for mentally ill adults and youth, two substance abuse centers, and a day program for head injured clients. The Lemuel Shattuck Hospital, located in Jamaica Plain, offers a wide variety of health care services, including acute medical and surgical units for DOC, DMH, and DMR clients, an AIDS treatment center and transitional housing program, the Bay Cove Community Health Center, a 200-bed homeless shelter, and a tuberculosis unit.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $515,079,872 for the Department of Public Health.

Department of Social Services

The Department of Social Services (DSS) is charged with the protection of children and the preservation of families in the Commonwealth. The primary responsibility of DSS is to provide for the permanent safety and well being of children who have been abused or neglected in a family setting.

The Department works to keep families together whenever it is possible. To achieve this goal, DSS provides family-based services to assist parents in better caring for their children. These services include parenting instruction, general education, nutrition education, day care and babysitting, family counseling, individual therapy, and crisis intervention teams that enable families to remain intact or to reunite. For those children who are unable to remain at home because of severe abuse or neglect or who are considered to be at risk for abuse or neglect, DSS provides temporary out-of-home care through foster care, group care, and residential programs. Children from families whose problems necessitate long-term intervention are placed with a foster family or, if the child’s special needs warrant a more structured environment, into group care. For children too troubled for placement in a family home, DSS contracts with private agencies running group care homes, capable of housing small groups of children in a residential setting with staff available 24 hours a day. These short-term measures are meant to provide interim guidance and support to families until the children can safely be returned home. In cases where this is not possible, DSS will seek to provide a child with an alternate permanent situation such as adoption, guardianship or, in the case of an older teenager, independent living.

DSS also operates programs to serve the needs of battered women and their children. The Department estimates that sixty percent of its caseload is comprised of people affected by domestic violence. DSS has created a statewide network of shelters that provide a range of services including a 24-hour hotline, temporary shelter and transitional living services in order to help address the problem of domestic violence in the Commonwealth.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $671,064,068 for the Department of Social Services.

Department of Mental Health

The Department of Mental Health (DMH) provides care to adults, adolescents and children experiencing acute, chronic or long-term mental illness. Programs offered at DMH include community residential and day services, acute care services, forensic mental health services, and treatment-oriented services for the homeless. DMH manages seven community mental health centers and four mental health hospitals.

Adult Mental Health

A wide range of inpatient and community-based services are offered through the Adult Mental Health system. Four inpatient hospitals provide clinical, therapeutic and transitional services for the severely ill and difficult to manage. DMH also operates seven community mental health centers. In addition to inpatient care, these facilities offer outpatient services such as counseling, group therapy, educational programs and vocational training. In accordance with a national trend in favor of community-based care, DMH has made efforts to consolidate and privatize these services. These efforts have included the contracting out of acute patient care to private and public hospitals, utilizing the money saved through this process for the expansion of community-based services.

In response to the U.S. Supreme Court’s Olmstead decision regarding discriminatory institutionalization, and in order to prevent individuals ready for discharge from psychiatric hospitals from being unnecessarily confined in a less integrated setting, the state has funded in 2002 two new teams of diverse specialists to treat psychiatric emergencies without hospitalization as well as residential rehabilitation services for 170 individuals ready for integration into the community.

Child and Adolescent Mental Health

DMH offers similar care for children and adolescents who are at risk of or who are suffering from serious mental illness. Through a combination of facility and community-based assistance, DMH's young clients receive inpatient, residential and case management services. Individual terms of care vary widely in length and are often coordinated with special education. These structured programs are complemented by more flexible services, including home-based treatment, crisis intervention, day programs, outreach and education to parents, teachers and peers of mentally ill children/adolescents, and family and group therapy. Since 2000, a new $10 million effort has been made to fund expanded community services to integrate children and adolescents who are ready for discharge from psychiatric hospitals, in order to provide growth opportunities for these youth in a clinically appropriate setting.

Forensic Mental Health

In addition to the direct services provided to the mentally ill in community and hospital settings, DMH provides clinical and forensic evaluation services in the courts and at correctional facilities through its Forensic Mental Health Division. This division is charged with providing court-ordered mental health evaluations and with treating the mentally ill within the criminal justice system.

Homelessness and Housing

Since 1992, DMH has funded the Special Initiative to House the Homeless Mentally Ill, a program placing clients in scattered-site housing with rehabilitative support services. The US Department of Housing and Urban Development funds development of, or access to, the actual housing units, while DMH funds the mental health services required by clients to maintain individual living in their new apartments. Efforts are also made to identify eligible individuals in homeless shelters and in the streets.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $607,592,772 for the Department of Mental Health.

Department of Mental Retardation

The Department of Mental Retardation (DMR) provides residential (facility care and community-based group homes), day, respite, and transportation services to adults as well as support services to children/adolescents served in special education programs.

Facility, Residential and Day Services

The Department of Mental Retardation offers services to more than 29,000 people. Care is provided through facilities, community-based residences and day programs, transportation services, family and individual respite support, and service coordination. DMR operates six facilities, or state schools, that provide 24-hour care to approximately 1,200 adults.

The community residential programs serve approximately 8,000 people with mental handicaps. Some residences offer flexible environments, which are conducive to recreational activity and the development of social skills. Other homes are more structured with maximal staffing levels.

DMR's day programs provide education, training, work preparation and supported employment to over 8,000 persons. DMR transports over 7,000 people each day to various day programs. In addition to DMR clients, the Department's transportation program serves individuals in programs funded by the Department of Transitional Assistance and the Massachusetts Rehabilitation Commission.

Each year, new funds are added to DMR to provide care to a group of approximately 450 mentally retarded individuals, who have reached the age of twenty-two and are therefore no longer eligible for the Department of Education's special education services. At this point, each individual is provided with an Individual Transition Plan for recommended community-based services, including residential, day and support services. In recent years, this initiative has received full funding, ensuring these individuals of the support in the transition from adolescent to adult services that they require and keeping them from falling onto a wait list.

In January of 2001, the Department entered into a legal agreement that requires the Commonwealth to provide services by 2006 to 1,925 individuals who were on the wait list as of July 14, 2000. Known as the Boulet settlement, This initiative required the Commonwealth to begin funding these services in 2001 and to integrate an agreed number of clients into residential services over the five-year period, while funding individual and family support services for those individuals waiting for residential placements.

Respite Services

The respite care provided by DMR is instrumental in enabling families to care for their mentally retarded relatives at home. In emergency situations and instances when caregivers must take a short leave, a DMR provider will temporarily offer services in the home or will take the client to a facility. The respite placement, in concert with family counseling and other interventions, helps a family restore and maintain the well being of the family unit.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $997,513,175 for the Department of Mental Retardation.

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION

The Executive Office of Transportation and Construction (EOTC) was established by the Massachusetts Legislature to develop, implement and coordinate transportation policies and projects statewide. EOTC oversees and supervises the planning, design, construction and maintenance of public transit services, general aviation programs, and the state and local highway network operated by the agencies and authorities under and within its jurisdiction.

The Massachusetts Highway Department

Mass Highway is responsible for the design, construction and maintenance of the Commonwealth’s highways and bridges, and spends approximately $700 million on statewide capital improvement projects every year exclusive of the Central Artery/Third Harbor Tunnel Project (CA/T) through programs such as the Statewide Road and Bridge Program, the Small Town Road Assistance Program (STRAP), the Public Works Economic Development program (PWED) and the Chapter 90 Program. Mass Highway employs more than 2,200 men and women working at the Boston headquarters and five district offices located in Lenox, Northampton, Worcester, Arlington and Taunton.

In addition to its responsibility of overseeing the highway, road and bridge construction projects, Mass Highway is also responsible for the removal of snow and ice from state roads during the winter.

Transportation projects are funded through several mechanisms depending on the size and scope of a project. These projects relate to highways, bridges, and economic development and are funded through appropriation, bond issuance, and federal funds. The largest area of funding for highway projects is the Statewide Road and Bridge Program, which is responsible for spending $400 million annually on road and bridge projects outside of the CA/T.

In a recent bond authorization, the Senate approved $220M toward the state’s Chapter 90 program and $40M toward the Public Works Economic Development Program (PWED). If approved by the House, this would lead to additional funding for local road, bridge and economic development projects across the commonwealth that are currently awaiting state funding.

In addition to its state funding, Mass Highway acts as the conduit through which hundreds of millions of dollars in federal support for transportation capital improvements are received by the state. The Central Artery/Third harbor Tunnel Project represents the largest single city highway improvement project in the country. Although the Metropolitan Highway System, a portion of the Massachusetts Turnpike Authority, is assigned responsibility for overseeing the construction and management of the CA/T, they must work hand in hand with Mass Highway to ensure federal funding for the project. The completion of the CA/T will result in seven and one-half miles of new urban highway, with half of it lying beneath the ground. The project will result in a new multi-lane Central Artery between the Massachusetts Avenue/l-93 interchange and Charlestown, an extension of the 1-90 Turnpike to Logan Airport through a tunnel under Boston Harbor including a South Boston bypass road for commercial traffic, and the Leonard P. Zakim Bunker Hill Memorial Bridge. The Third Harbor Tunnel, officially named the Ted Williams Tunnel, is currently open to traffic during limited hours while the opening of the Depressed Central Artery is not expected to occur until the year 2004.

The Massachusetts Aeronautics Commission

The Massachusetts Aeronautics Commission (MAC) oversees the development and operation of 42 airports that are either municipal or privately owned and open to the public. MAC's responsibilities include promoting aviation and ensuring that the airports under its supervision are safe and efficient. MAC performs airport inspections to certify that airports are in compliance with state and federal safety standards and regulations. In addition, MAC distributes federal airport aid, administers the State's share of planning grants and supervises the registration of privately owned aircraft.

The Regional Transit Authorities

The 15 Regional Transit Authorities provide 232 cities and towns with the tools to improve regional mobility and to spur economic growth. The Commonwealth funds up to 75 percent of each RTA's net cost of service, composed of total operating expenses less revenues, local assessments and federal assistance. This amounts to a state subsidy to the RTAs of approximately 30% of the actual cost of operation. State aid has assisted in maintaining RTA services despite declining or capped federal and local funds.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $98,958,139 for the Executive Office for Transportation and Construction.

LABOR, EDUCATION, AND WORKFORCE DEVELOPMENT

Board of Library Commissioners

The Board of Library Commissioners provides financial and technical support to the Commonwealth's public libraries and sets standards of service. Each public library is affiliated with a regional library offering a wider range of resources. Libraries are eligible to receive financial aid from the Commonwealth once they have received a minimum level of support from their community.

Additionally, the board oversees Talking Book Libraries, which provide services and aids to the blind and physically impaired. Talking Book Libraries currently serve these communities throughout the Commonwealth with audio equipment and book mailing services from locations in Worcester and in Watertown.

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $29,524,042 for the Board of Library Commissioners.

Department of Labor and Workforce Development

The Department of Labor and Workforce Development (DLWD) is charged with promoting and protecting the legal, economic, health and safety interests of Massachusetts’ workers.

Located within the labor secretariat are three offices that work closely with unions and management to facilitate negotiations and resolve disputes. The Labor Relations Commission is a quasi-judicial agency that administers and enforces the state's public and private sector collective bargaining laws. The Commission investigates violations, conducts hearings and adjudicates labor disputes. The Joint Labor-Management Committee assists municipalities and public safety labor unions by providing mediation and arbitration of disputes that arise during the collective bargaining process. The Board of Conciliation and Arbitration offers dispute resolution services to all employers and unions, including impasse resolution, grievance mediation and grievance arbitration.

The Department of Industrial Accidents (DIA) oversees the Commonwealth's workers' compensation system. DIA approves workers' compensation claims, holds hearings on such claims and adjudicates those that cannot be resolved by mutual agreement. The administrative costs of the Department are fully assessed against employers. The Department provides training and information to employers and employees regarding occupational health and safety standards and ensures that all employers provide worker's compensation coverage as required by law.

The Division of Occupational Safety administers and enforces state and federal occupational health and safety laws, with the goal of limiting accidents and injuries in the workplace. DOS determines industrial and construction site compliance with these laws, monitors the levels of lead and asbestos in the workplace and provides assistance to workers and communities concerning their "right to know" about health hazards and toxic substances. The Division inspects job sites to determine compliance with state health and sanitation laws and conducts tests to determine the existence and levels of toxic substances.

The Mass Workforce Investment Board seeks to stimulate the Commonwealth's economy by investing in the training and education of its youth. Workforce Investment Boards are responsible for building locally administered, regionally responsive workforce development systems. Workforce Investment Boards also play a key role in career center development, the school-to-work programs, and federal youth and adult training programs.

The Division of Employment and Training (DET) is charged with coordinating placement and training programs and overseeing the Unemployment Insurance Trust Fund, including the unemployment insurance claims process. DET is the agency that pays unemployment benefits to people who have been laid off and are actively seeking new employment. DET also offers recruitment, screening and referral services to Massachusetts’ residents and businesses free of charge as well as targeted educational and employment services through the commonwealth’s network of career centers. In addition, DET performs specialized research providing labor market and regulatory information

DET manages the quarterly contributions paid by employers to the unemployment compensation trust fund. The unemployment insurance system is financed by employers who pay premiums determined by their individual claims histories, in concert with Legislatively determined rates. The U.S. Department of Labor advises states to maintain unemployment insurance systems with sufficient funds to support benefits during a foreseeable economic downturn. The Federal government also encourages states to reduce the employers' burden when reserves are high.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $55,997,201 for the Department of Labor and Workforce Development.

Department of Housing and Community Development

The Department of Housing and Community Development is responsible for assisting communities with affordable housing development and revitalization efforts. In this capacity, the department works with local government entities, community non-profit organizations and private developers through state programs that include matching grants, direct aid and low-cost financing programs to promote housing and community development. Affordable housing efforts include providing financial assistance to developers of low-cost units and direct assistance to low and moderate-income renters in need of finding and keeping affordable housing.

Affordable Housing

DHCD provides for affordable housing in the Commonwealth through several state and federal programs. The Department helps to oversee the new Affordable Housing Trust Fund, which provides funding to stimulate affordable housing development and modernization. To encourage mixed-income private housing developments, DHCD provides financing assistance to eligible developers through programs managed by MassHousing (formerly known as the Mass Housing Finance Agency). The Rental Development Action Loan program (RDAL) provides loans to developers to build affordable, mixed-income family housing. The State Housing Assistance for Rental Production program (SHARP) offers reduced interest costs to private developers in return for their guarantee that certain units will be available to low-income families.

Moreover, DHCD serves as an arbiter of disputes between tenants and landlords through the Housing Services program. The program has been successful in preventing thousands of evictions. Included in the funding for this program is an earmark for Housing Consumer Education Centers, where households may seek assistance in navigating the intricacies of finding and holding on to housing in Massachusetts. The agency also manages three state-funded programs, which provide direct rental assistance to eligible tenants: the Mass Rental Voucher Program, the Alternative Housing Voucher Program for disabled tenants, and Chapter 707 Rental Assistance for clients of the Department of Mental Health.

In addition, the department addresses the problem of homelessness in Massachusetts through two transitional housing programs. Transitional Housing for Victims of Domestic Violence offers supportive housing to families that have been displaced from their homes because of domestic violence. Between July 1, 2001 and February 28, 2002, 63 families participated in the program, receiving support services in addition to case management and family life assistance. The second program, called the Individual Self-Sufficiency Initiative, provides a shallow subsidy to working homeless individuals that assists them in meeting the high costs of moving into permanent housing. The program supports over 400 tenancies per year.

Local Housing Authority Subsidies

DHCD subsidizes the operating costs of approximately 200 of the Commonwealth's 254 local housing authorities (LHAs), which provide reduced-cost housing for elderly and disabled renters and income-eligible families. Each LHA operates with an individual budget that includes operating receipts from rents and utility charges as well as administrative and maintenance costs. While the running surpluses within these budgets offset some of the deficiencies, the Commonwealth fully funds any remaining shortage.

Community Development Corporations

DHCD provides operating support to Community Development Corporations (CDCs) through the Community Economic Enterprise Development grants, which the CDCs use to promote development projects, help local businesses, and create job opportunities in low to moderate income communities. There are also two urban renewal programs that provide funding for community development projects, which in turn stimulate job creation and economic development in several blighted regions of the Commonwealth.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $111,142,979 for the Department of Housing and Community Development.

Office for Consumer Affairs and Business Regulation

The Office of Consumer Affairs & Business Regulation (OCABR) is responsible for educating, informing and protecting consumers. The duties of this office include operating the Consumer Hotline; investigating consumer problems; publishing brochures, alerts, and reports; and monitoring the marketplace to promote fair and honest competition. In addition, they oversee the Lemon Law Program and the Home Improvement Contractor Law Program. OCABR also encourages businesses to produce products and services that meet high standards of safety and quality, provides consumers with the information they need to make informed choices, and ensures consumer protection by monitoring standards in a wide variety of professions for the nine regulatory divisions under its supervision.

The Division of Banks regulates the competitive banking and financial services throughout the Commonwealth. The Division charters, licenses and supervises banks, credit unions, mortgage companies, sales finance agencies, small loan companies, collection agencies and other similar financial organizations.

The Division of Insurance licenses and regulates insurance companies. The core work of the Division of Insurance is to monitor the solvency of its licensees in order to promote a healthy, responsive and willing marketplace for consumers who purchase insurance products.  The protection of consumer interests is safeguarded by providing accurate information to consumers so they can make informed decisions.  The Division of Insurance publishes a variety of guides and brochures to consumers free of charge and also intervenes on behalf of consumers who believe they have been victimized by unfair business practices.

The Division of Professional Licensure, consisting of 30 boards of registration and regulating more than 40 trades and professions, is responsible for licensing and regulating the activities of over 530,000 individuals, corporations and partnerships. The goal of this agency is to protect the health, safety and welfare of the public by licensing qualified individuals who provide services to consumers and by the fair and consistent enforcement of the statutes and regulations governing the boards of registration. As part of fiscal year 2003 restructuring, certain boards of registration were moved to the care and control of the Department of Public Health.

As part of a restructuring effort for fiscal year 2003, and to better ensure coordination and cooperation among regulators of our health care industry and health care professionals, the Senate has proposed transferring the care and control of c the Boards of Registration in Medicine, Nursing, Pharmacy, Physicians Assistants, Perfusionists, Respiratory Care Therapists and Nursing Home Administrators from the Division of Professional Licensure to the care and control of the Department of Public Health. The Department is well equipped to cooperate with the experts on the health-related boards of registration to improve patient care.

The Division of Standards is responsible for enforcing laws, rules, and regulations related to weights and measures as well as the use of weighing and measuring devices in commercial transactions. Additionally, the Division regulates the advertising of motor fuels and oils, issuing licenses for their retail sale. The Division issues licenses to hawkers, peddlers, transient vendors, and auctioneers, and registrations to automobile damage repair shops. Finally, The Division enforces the item pricing law and inspects price scanners in retail stores for accuracy.

The Department of Telecommunications and Energy regulates the structure and control of companies dealing in telecommunications and energy. The Department aims to ensure that utility consumers are provided with the most reliable service at the lowest possible cost, to protect the public from transportation and gas pipeline related accidents, to oversee the energy facilities siting process, and to ensure that residential ratepayers' rights are protected.

The Alcoholic Beverages Control Commission (ABCC) is responsible for licensing and monitoring the manufacture, import, export, storage, transport, quality and sales of alcoholic beverages in the Commonwealth. The Commission has the authority to grant, suspend, or revoke liquor licenses for shippers, taverns and bars, restaurants and hotels, package stores, chartered clubs, and pharmacies. The ABCC also provides education and information to consumers, local licensing boards and the industry.

The State Racing Commission regulates thoroughbred, harness and dog racing within the Commonwealth to ensure the compliance of the industry with all state laws. In addition, the Commission oversees the State's simulcast wagering program, under which racetracks may send and receive live television broadcasts of races occurring at other tracks across the country, thus increasing the pool of wagerers and bringing additional revenues to the Commonwealth. The Commission also promulgates and enforces rules and regulations, proposes legislation and develops policies to better regulate the racing industry.

In November of 2001, legislation was passed in order to equitably redistribute funds within the racing industry without adversely affecting the percentage of money that is returned to bettors. In doing this, prize amounts for winning jockeys and horse owners were enhanced, enabling the industry to be more competitive and, consequently, generate greater total revenue for the state. Aside from fiscal considerations, the legislation also emphasizes the need for humane care of greyhounds during and after their racing careers through a greyhound adoption trust fund.

The Division of Energy Resources (DOER) produces and promotes statewide energy management policies. DOER emphasizes conservation and structural improvements when devising savings plans with residential, commercial and government entities.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $40,638,502 for the Office for Consumer Affairs and Business Regulations.

Department of Economic Development

The Executive Office of Economic Affairs (EOEA) is responsible for fostering economic development and employment opportunities within the Commonwealth.

The Massachusetts Office of Business Development (MOBD) works both with businesses already located within Massachusetts and with others evaluating the Commonwealth as a possible site. MOBD provides assistance to businesses regarding location, relocation, and financing, and by consulting on expansion and growth.

The Massachusetts Small Business Development Center Network provides training and capital access to small businesses throughout Massachusetts. The Center delivers its services through a network of professional staff supported by a federal, state, and higher education consortium and currently maintains eight centers and 42 outreach sites.

The State Office of Minority and Women Business Assistance is an agency within the Massachusetts Department of Economic Development that promotes the development of certified minority business enterprises (MBE), women-owned business enterprises (WBE), and minority non-profit (M/NPO) and women non-profit organizations (W/NPO) by facilitating their participation in Massachusetts’ business and economic development opportunities. Specifically, SOMWBA offers services in certification, enforcement, business assistance and advocacy.

The Massachusetts Office of Travel and Tourism (MOTT) promotes travel to and within the Commonwealth. MOTT promotes Massachusetts as a desirable destination for both pleasure and business travel. MOTT's campaigns target potential visitors throughout America, Canada, Europe and Asia. A separate appropriation dedicates funds for the Regional Tourist Councils (RTCs). MOTT manages the grant program, through which the funds are distributed. The thirteen RTCs are located throughout the Commonwealth and use this financial assistance to fund region-specific projects.

The Massachusetts Trade Office, or MassTrade, assists thousands of Massachusetts companies with international business interests, employing regional experts as well as logistical and administrative personnel to help Massachusetts companies develop and expand their presence in international markets. Through fostering this development, MassTrade also seeks to increase revenue and jobs in the Commonwealth. MassTrade also works to attract foreign investors to Massachusetts.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $29,581,279 for the Department of Economic Development.

Department of Education

Department Mission

The Department of Education is the state agency responsible for identifying and implementing, in the words of the General Laws, “comprehensive means to achieve a well-coordinated system of high achievement in public education in the commonwealth.” The Department of Education’s Master Plan identifies five goals: to ensure all students achieve high standards; to enhance the quality and professionalism of teachers; to support excellence and accountability in schools; to streamline and ensure compliance with state and federal regulations; and to create a statewide infrastructure of support for schools.

The Department’s areas of responsibility include the establishment of academic standards for K-12 schools, monitoring and support of special education, teacher preparation, coordination of early childhood education, coordination of adult basic education and vocational training, oversight of charter schools, management of the School Building Assistance program, and state-level information services and technology.

History and context

Because the economy of the Commonwealth was knowledge-based long before the phrase became a cliché, our greatest economic asset will always be the minds of our residents. The oldest public school and university in the country were formed here in the 1630s and, in the nineteenth century, Horace Mann championed mandatory public education from his position in the Massachusetts House of Representatives.

Education was traditionally financed and managed at the local level in hundreds of school districts across the state. Beginning in the latter half of the twentieth century, however, the Commonwealth took an increasingly active role in financing and regulating education as it became apparent that top quality schools were beyond the financial capacity of most municipalities. This trend accelerated after 1980 when Proposition 2 ½ placed caps on the main form of local revenue, the property tax.

Spurred on by the court case Webby v. Dukakis, which contended that the relatively poor quality of education offered to urban children violated the state’s Constitution, the Equal Educational Opportunity grants of the 1980s attempted to reduce the most glaring disparities in funding between the poorest and the wealthiest districts. Fiscal constraints at the state level crippled this attempt, and the claims of Webby v. Dukakis resumed in the form of McDuffy v.Robertson.

In 1993, many in the business and education communities and in state government welcomed the court order that resulted from McDuffy. To the extent that local government was not able to do so, the state was required to take responsibility for adequate education for all Massachusetts children. In response, the legislature enacted the Education Reform Law, a law that provides money but demands accountability and forms the model for the new federal No Child Left Behind Act, promising education aid to states in return for proof of quality schooling.

Education Reform

Education Reform is perhaps the state’s greatest political triumph of the past decade. The law has been fully funded every year in a display of state government’s commitment to schools. The many struggles over subsidiary issues should not distract from the essential unity of parents, teachers, school and district administrators, and state officials in seeking to create better educational opportunities for children and young adults.

The state’s commitment to funding education resulted in a large amount of the growth within the state budget throughout the 1990s. In 1993, after three years of state budget cuts that hit local aid disproportionately hard, the state budget totaled $14.7 billion, with the programs re-organized as Chapter 70 totaling $1.3 billion. In nearly ten years since that time, the state budget has grown by approximately $7.8 billion. In FY02, Chapter 70 was funded at $3.2 billion, representing growth of $1.9 billion since FY93. This increase in Chapter 70 funding represents a quarter of the growth in the state budget since FY93. In all, increased state spending on education has accounted for 32% – nearly one third – of the total increase in the state budget since 1993.

Department Budget

The vast majority – over 95% – of the Department’s total budget of $4.2 billion in FY02 goes directly to cities and towns for expenditure in school districts. This portion includes Chapter 70 aid ($3.2 billion), School Building Assistance ($361 million), transportation ($109 million), special education ($68 million), kindergarten and early literacy ($52 million), MCAS remediation ($47 million), and a range of smaller programs.

An additional $192 million is added to fund education outside the regular K-12 system, including early childhood education and adult education, as well as the administration of state-level activities such as the development of standards and the monitoring of school districts for compliance with state law adds. Of this $192 million, $113 million supports early childhood programs and $30 million funds Adult Basic Education programs. Twenty million dollars pays for the development and implementation of the MCAS tests. Only $35 million – less than 1% of state education spending – is reserved for activities by the Department of Education itself.

School Districts: Accountability and Flexibility

At the district level, Education Reform operates on a set of principles determining how high-quality education can be obtained. The state assures the financial stability of all school districts by estimating a budget for each district according to its school population (the foundation budget) and then accounting for any difference between the foundation budget and local property tax capacity. For wealthier districts, state funding represents only 15-30% of the foundation budget. The poorest cities and towns, on the other hand, rely on the state as their primary source of funding.

In return for the assurance of adequate resources, the state demands that high quality education be provided to students. The Department helps improve the quality of schools through the recruitment and certification of teachers, monitoring compliance with special education laws, and establishment of learning frameworks. Most efforts, however, must and do occur at the local level, through improvements to school management, construction of better school facilities, on-going professional development for teachers, the reduction of class sizes, remedial services in and out of school time, and, most of all, day-to-day efforts inside the classrooms to help students build their skills and their knowledge of the world.

When schools seem unable to improve on their own, the state is there to identify problems and to point the way to solutions through school and district improvement plans. The Department also provides funds to reduce class sizes in kindergarten through grade three, offer breakfast to all students in low income districts so that they may start the day ready to learn, and support the opening of suburban, traditionally white schools to minority students.

Charter schools

While the primary goal of Education Reform is the support of mainstream public schools, the act also enhances non-traditional school systems that work well for some families. Charter schools, established by local parents, educators, business people, or other community members, allow for experimental school structures to exist beyond public contracting requirements. Some charter schools focus on particular populations of students such as those returning to school after having dropped out.

Charter schools are established by way of a charter with the state that may be revoked if the school is of poor quality or does not live up to its stated goals. In this way, and through the renewal of contracts every five years, charter schools have the freedom to innovate but are required to live up to their promise.

Early childhood and adult basic education

The Department’s role goes beyond the activities of K-12 school systems. The Community Partnerships program mimics Ed Reform by funding local lead agencies, which then coordinate numerous, often small, early childhood centers. While accommodating the schedules of working parents, early childhood programs work to ensure that 3-5 year-old children enhance their pre-literacy and social skills.

Like early childhood, the adult basic education program distributes state funds to match demand for services at the local level. Adult basic education classes teach English to non-native speakers and aid adults in attaining literacy skills vital to pursuing competitive employment.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $4,248,205,020 for the Department of Education.

Higher Education

The system of public higher education in Massachusetts includes a university with five regional campuses, nine state colleges, and 15 community colleges overseen by the Board of Higher Education. The Board defines the mission of the state's system of higher education, sets tuition rates for the state and community colleges, works with boards of trustees to identify and define institutional missions, and publishes mission statements designed to promote accountability, efficiency, and focus. The Board also works with the boards of trustees of the individual colleges and universities to encourage economical and effective use of the Commonwealth's educational resources, particularly as they relate to the development of regional and local cooperative arrangements with public and independent institutions of higher education.

Among the state and community colleges, students can pursue a variety of degrees in a range of fields. State college program offerings include education, the sciences, and business and liberal arts, among others. Notable among Massachusetts’ state college is Mass College of Art, the only public art school in the country, offering coursework in a range of topics from environmental design to media and performing arts.

The state’s 15 community colleges play a unique role in responding to the ever-changing needs of the workplace, educating their students in the fields and skills vital to the Commonwealth’s economy. In 2001, the state initiated funding of a grant program called the Community College Workforce Training Program. This program works to enhance the ties between the community colleges and the businesses their students ultimately enter into by subsidizing the costs of skills training for people already in the workforce who are not seeking a degree. In this way, Massachusetts’ community colleges can more effectively serve the Commonwealth’s workforce and economy.

State funding to the state and community colleges and central service accounts including the Board of Higher Education and the various scholarship programs it administers has increased by nearly 73% over the last decade. Through the main scholarship account, $93 million in state aid is provided to residents in need of financial assistance who are pursuing degrees at both public and private schools in the state and around the country. Community and State College Access grants ensure that Massachusetts’ students with a family income of up to $80,000 can attend one of these public institutions for no more than $1,000 per year ($500 for Community Colleges), with students of lower family incomes able to attend for either less or at no cost at all. Mass Grants are awarded to Massachusetts’ residents attending either public or private schools, varying in size between $300 and $2900 per academic year. Additional grant programs are targeted toward students of significant disadvantage, children and spouses of fallen police officers, fire fighters, and veterans, enabling residents to attend private and public institutions, including the University of Massachusetts. $1 million is dedicated to grants through the foster care financial aid program.

The McNair Scholarship Program, administered separately from the other scholarships listed, provides nearly $4.5 million in additional assistance to minority and disadvantaged students. This money funds after school programs at middle schools and high schools, as well as tutoring services and computer lab assistance to students whose ultimate goal is to obtain a degree of higher education.

University of Massachusetts

The University of Massachusetts consists of five campuses offering a range of courses at Amherst, Lowell, Dartmouth, Boston and Worcester. Students in the UMass system have the opportunity to earn a Bachelor’s degree in 90 areas, Associate’s degrees in six, a Master’s degree in 70, or a doctorate in 50 different concentrations. State funding to the university system alone has increased over $250,000,000 in the last decade, demonstrating the state’s commitment to quality public higher education.

Each of the campuses in the university system is distinct. Amherst, the flagship campus, is renowned for its research capacity, with over 53 centers, 11 institutes and a variety of other organizations, conducting work in areas applicable to the global world in international education, environmental public health, and strategic information technology, and others which focus on the Massachusetts economy, such as the Center for Rural Massachusetts and the Massachusetts Institute for Social and Economic Research. These centers not only offer students the opportunity to be at the frontlines of cutting-edge research, but they provide the policy-making public with the latest information in many critical areas.

The Dartmouth campus, serving southeastern Massachusetts, has roots tracing back to the 1895 textile industry, when the New Bedford Textile School and Bradford Durfee Textile School in Fall River were chartered by the Massachusetts legislature. Over the years, the Dartmouth campus has adapted to the evolving area industries, educating students in a variety of concentrations including engineering, the arts, health care, education and business.

The University of Massachusetts at Lowell also has roots in the textile industry and similarly features a wide range of curriculum, and offering Bachelor’s, Master’s, Doctorate’s degrees and Professional Certificates from its Merrimack River location. The Lowell campus serves 13,000 students.

The Boston campus is known for both its urban location and service and its predominantly adult student body. The campus serves these students through its part time and evening coursework in both undergraduate and graduate studies. The Boston campus features colleges of Arts and Sciences, Management, Nursing and Health Sciences, Public and Community Service, Education, and Corporate, Continuing, and Distance Education.

The Worcester Medical School, founded by the Legislature in 1962, features a School of Medicine, a Graduate School of Biomedical Sciences and a Graduate School of Nursing. Research funding at the Worcester campus has grown by $58,000,000 since 1997 and acts as a local, regional, and statewide health resource.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $1,011,495,027 for the Department of Education.

EXECUTIVE OFFICE OF PUBLIC SAFETY

The Executive Office of Public Safety (EOPS) is the planning and management arm of the Commonwealth's public safety efforts, providing planning and guidance to a variety of Massachusetts’s public safety agencies, boards and commissions.

The Executive Office is also in charge of the Commonwealth's police career incentive program through which municipalities receive state reimbursement for salary increases provided to officers who complete higher education programs. In addition, EOPS manages the Statewide Emergency Telecommunications Board, or Enhanced 911 system, in order to ensure fast and accurate public safety response when citizens dial 911 from a wireless phone.

Since 1993, EOPS Programs Division has been administering Community Policing Grants to cities and towns across Massachusetts. Through these grants, local police departments have been given the opportunity to work with their communities to develop strategies aimed at reducing criminal activity.

Within EOPS is the Governor's Task Force on Hate Crimes. This Task Force was established to ensure state government's commitment to the eradication of bias-motivated crimes throughout Massachusetts. The Task Force has three objectives: To seek a more effective law enforcement response to hate crimes by providing updated training in the recognition and prosecution of hate crime incidents; to ensure accurate reporting of hate crimes throughout the Commonwealth; and to promote better reporting of hate crimes by victims and witnesses to law enforcement agencies.

Office of the Chief Medical Examiner

The Office of the Chief Medical Examiner is responsible for determining the cause of death for cases in which their assistance is requested. The Office employs several staff pathologists for this purpose, and maintains offices throughout the Commonwealth to provide rapid response to calls for their assistance. It is the responsibility of this office to provide analysis and evidence in cranial cases.

Criminal History Systems Board

The Criminal History Systems Board is responsible for maintaining the Commonwealth’s criminal justice information system, maintaining firearms and licensing transaction records, disseminating Massachusetts’s criminal offender record information, and giving assistance to individuals or families who have been victimized by crime. These responsibilities are fulfilled through the maintenance of a statewide computer network capable of interfacing with networks from other states. The information is compiled through accessing driving, police and criminal records, undertaking background checks, and reviewing criminal offender record information. The department can also provide background check information to other public safety agencies to help in criminal investigations, or by companies looking to hire an individual.

The Criminal History Systems board is also responsible for maintaining a Firearms Instant Record Checking System that tracks gun sales throughout the Commonwealth electronically. The system is designed to remove the lag time associated with processing the paper forms for registering gun sales, instead making the process instantaneous through electronic input of the information. This information will not become a matter of public record, but instead will be available for police investigations. The project is set to begin with the close of fiscal year 2002, with two firearm authorities and two firearm dealerships joining the network. From there, all other authorities and dealerships in the Commonwealth will begin joining the program.

Sex Offender Registry Board

The Sex Offender Registry Board is responsible for classifying convicted sex offenders once they are released from a prison sentence and notifying the public of any offenders residing in the community. The goal of the Sex Offender Registry Board is to educate the public and to prevent further victimization. The board has begun to fulfill its mandate, classifying offenders in to three categories. Those offenders who are deemed the highest threat to the general public are required to register their address annually with the local police agencies and the Criminal History Systems board, while those deemed the lowest threat are asked to register annually with the board itself.

State Police

The Massachusetts State Police consists of more than 2,200 sworn officers and civilian personnel, who provide policing to the citizens of the Commonwealth by ensuring safe roadways, reducing violence, preventing crime, and contributing to public safety in times of disaster. The department is responsible for protecting the state’s highways and roads, as well as for responding to emergencies throughout the Commonwealth. The State Police maintain an elite K-9 unit, an air wing, composed of three helicopters and recently, have added a Civilian Search and Rescue division to their ranks, to aid in searches that extend over large areas or in areas with dense flora that require much man power to properly explore all potential hiding places.

In fiscal year 2002, the Senate authorized $60 million in bonds to replace 500 vehicles over five years. An additional $10,000,000 in bond money was authorized for new data terminals in the state police vehicles. If implemented, these terminals would allow a trooper to instantly pull up any relevant material about any vehicle or driver during a police stop.

In response to the tragic events of September 11^{th, the} legislature addressed the need for increased public safety by adding a class of 150 new state troopers in fiscal year 2002 that will graduate and become full time troopers in fiscal year 2003.

Criminal Justice Training Council

The Massachusetts Criminal Justice Training Council is an agency within the Executive Office of Public Safety responsible for training the municipal police departments of the Commonwealth.  While new recruits receive training in the traditional sense, expanded training is also provided for experienced municipal police officers.

Department of Public Safety

The Department of Public Safety is a regulatory department responsible for investigating private companies and dwellings to ensure that all building and safety codes are met. The department is required to inspect buildings, elevators, boiler tanks and air tanks, as well as traveling amusement parks to ensure that all safety requirements are met. Newly moved to the department by our budget recommendations are the Board of Building Regulations and the Architectural Access Board. The State Board of Building Regulations and Standards is a body of technical professionals appointed by the Governor and charged with the responsibility of promulgating and maintaining the Massachusetts State Building Code. The BBRS membership comprises registered, professional engineers, a registered architect, building officials, fire officials, general contractors, building and trades representatives, the State Fire Marshal and the Chief of Inspections for the Department of Public Safety. The Massachusetts State Building Code contains provisions for structural safety by specifying loading criteria, provisions for foundation and structural design, life safety provisions to provide for safe egress from buildings in the event of an emergency, provisions for fire safety through the installation of automatic sprinkler and fire detection and alarm systems, and standards for energy conservation in buildings. The Architectural Access Board is a regulatory agency within the Massachusetts Executive Office of Public Safety. Its legislative mandate states that it shall develop and enforce regulations designed to make public buildings accessible, functional, and safe for use by persons with disabilities.

Department of Fire Safety

The mission of the Department of Fire Services includes promoting and enhancing firefighter safety through policy and training, assisting and supporting the fire service community in protecting the lives and property of the citizens of Massachusetts, and directing policy and legislation on all fire-related matters through the Executive Office of Public Safety. This department provides training to all paid and volunteer firefighters at its training facility in Stow.

The Senate has recently authorized $7,500,000 in bonds to provide facility upgrades to the training facility in Stow. Slated for the project are dormitories for trainees to sleep in, rebuilding of the training grounds used in live fire training exercises, and the upgrade of the modular facilities that act as office space for the Department. A grant program of $10,000,000 was funded in fiscal year 2001 to provide new equipment to the municipal fire departments, enabling them to take better advantage of the new technological advances in fire fighting.

The department is also responsible for providing Massachusetts with a Hazardous Materials Response team dedicated to responding to Hazardous waste threats as well as biological threats. The department funds six regional response teams, capable of responding rapidly to any of the 361 communities in the Commonwealth.

Registry of Motor Vehicles

The Registry of Motor Vehicles is responsible for the licensing of drivers, registering of motor vehicles, collection of motor vehicle sales taxes, and enforcement of motor vehicle laws, including the suspension or revocation of licenses.

Merit Rating Board

The Merit Rating Board administers the Commonwealth's motor vehicle insurance policies, including those stemming from the Insurance Commissioner's Safe Driving Plan. The Board maintains a database cataloguing motor vehicle violations, citations and accidents. Insurance carriers use this system to determine premiums.

Committee on Criminal Justice

The Committee on Criminal Justice is responsible for developing, assessing and implementing the Commonwealth's strategy for crime prevention and criminal justice. In this capacity, the Council receives and distributes Federal funds. In addition, this department is responsible for providing rape evidence collection kits to hospitals, doctors and other women’s care facilities throughout the Commonwealth of Massachusetts.

Military Division

The Massachusetts National Guard is the only militia to have a federal mission as well as a state mission. The Guard's federal mission is to provide trained units and individuals to augment the active component in times of war or national emergency. The state mission is to provide the Commonwealth with organized units, equipped and trained to function effectively in the protection of life, property and the preservation of peace, order and public safety.

The Military Division is responsible for maintaining a branch of the Air National Guard here in Massachusetts.

Massachusetts Emergency Management Agency

The Massachusetts Emergency Management Agency is a member of the Executive Branch of Government and is responsible for the coordination of federal, state, local, voluntary and private resources during disasters and emergencies. Through its Framingham State Headquarters and four regional offices in Tewksbury, Bridgewater, Belchertown and Westborough, Massachusetts Emergency Management Agency helps develop plans for effective response to all hazards, disasters, and threats. In addition, the Agency trains emergency personnel to protect the public, provides information to the citizenry, and assists individuals and communities to respond to and recover from emergencies.

Massachusetts Emergency Management Agency’s resource network includes public health & safety officers, emergency workers, fire, police, public works and transportation officials, non-profit & volunteer agencies, private businesses & industry and all federal agencies. 

In addition, the Senate Ways and Means committee recently recommended funding a program for municipalities to develop Emergency Management Plans. $1,000,000 was reported out from the committee to help municipal emergency response teams develop plans for responding to urgent situations, and help develop training exercises.

Governor’s Highway Safety Bureau

The mission of The Governor's Highway Safety Bureau is to reduce fatalities, injuries and economic losses resulting from motor vehicle crashes throughout the Commonwealth of Massachusetts.

Department of Correction

Currently, there are more than 10,000 inmates in the thirty state facilities operated by the Department of Correction. These facilities range from the Commonwealth's maximum-security facility, reserved for dangerous inmates serving life sentences, to pre-release facilities, where prisoners complete the balances of their sentences. The majority of state inmates are held at the eight medium security facilities. The Massachusetts Department of Correction promotes public safety by imprisoning convicted felons while providing opportunities for rehabilitation through a structured reintegration model.

County Corrections

In the Commonwealth’s fourteen counties, a Sheriff is elected popularly and placed in charge of operating the county’s correctional facility. Seven of these sheriffs still operate under county government and these facilities are partially funded through state dollars. Sheriffs in these counties are responsible for budgeting for the facilities, transporting prisoners, and maintaining the daily operations of the institutions. These counties include Suffolk, Plymouth, Dukes, Nantucket, Barnstable, Bristol and Norfolk.

In an effort to make the county sheriffs more accountable in spending state dollars, the Senate Ways and Means Committee is proposing language to have the departments begin tracking their appropriation expenditures and revenue income on the state accounting system. In adopting this system, the county sheriffs will be held to the same standards and requirements as other state agencies.

State Sheriffs Departments

The remaining seven sheriff departments are now fully funded by state dollars. Sheriffs are still responsible for county policing, however, the Offices fall under the jurisdiction of the Commonwealth. Responsible for maintaining correctional facilities within the counties they serve, these departments maintain staffs of deputies who provide public safety. State sheriff departments operate in Hampden, Hampshire, Worcester, Middlesex, Franklin, Essex and Berkshire counties.

Parole Board

The Parole Board supervises the conditional release of offenders from state and county institutions and is responsible for the compliance of these ex-offenders with the conditions of parole. By helping these individuals readjust to life in the community, the Parole Board plays an important role in decreasing recidivism rates. Job placement assistance and specialized substance abuse programs are particularly in demand for parolees. The Parole Board is also responsible for revoking parole when an ex-offender poses a public safety risk.

In addition to working with parolees, the Parole Board helps those who are victims of or witnesses to a crime. Through the Victim/Witness program, the Parole Board offers counseling and referrals as well as notification of inmates' parole hearing dates and parole status to the victims and witnesses of crimes. Since 1987, the Parole Board has been mandated to notify victims, witnesses, parents or guardians of victims who were minors, and any other person designated by the Criminal History Systems Board when an offender is temporarily, provisionally or officially released from custody.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $1,204,027,134 for the Executive Office of Public Safety.

EXECUTIVE OFFICE OF ELDER AFFAIRS

The Executive Office of Elder Affairs is responsible for implementing programs that preserve the dignity and independence of elderly persons. The primary objective of the Office is to prevent unnecessary institutionalization and to allow older individuals to remain in their homes.

In response to the growing need for prescription drugs, Elder Affairs also now operates the Prescription Advantage drug insurance program. In 1996, the McDonough/Montigny bill created the Senior Pharmacy program that provided up to $750 in pharmacy assistance to low-income seniors. This program was subsequently expanded and a program to cover citizens with catastrophic drug costs was created. In fiscal year 2001, this program reached its current incarnation with the consolidation of the existing programs into the new Prescription Advantage drug insurance program. Providing free prescription drug coverage to the poorest elderly, and allowing other elders to enroll in Prescription Advantage as a standard insurance program, this first-in-the-nation drug insurance program has put Massachusetts in the forefront of the nation’s efforts to provide affordable prescription drug coverage to its oldest citizens. In fiscal year 2002, the first full year of operation for the program, enrollment has grown to over 73,000 people. Current indications are that this successful program will be serving more than 85,000 people by the end of fiscal year 2003.

Most of Elder Affairs' appropriation is channeled into the home care program, which aids elders in maintaining their independence. Elder Affairs contracts with 27 non-profit Home Care Corporations across the Commonwealth, whose case managers assess the needs of each elder, developing service plans and arranging services for approximately 37,000 clients a year. Services include homemaker assistance, personal care, transportation, laundry, home delivered meals, respite care and information and referral. Complementing the traditional home care program, Elder Affairs and the Home Care Corporations also operate an Enhanced Home Care program for the most frail elders, many of whom are eligible for the more expensive state subsidized nursing home care but choose to continue living in the community. The home care line items also fund Elder at Risk, a program for self-neglecting elders, and the Protective Services hotline, which operates 24 hours a day for abused or neglected elders.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $299,050,849 for the Executive Office of Elder Affairs.

THE LEGISLATURE

The Massachusetts Legislature, officially termed the General Court in the state constitution, is the oldest continuously sitting legislative body in the world. It is divided into two branches: a forty member Senate and a one hundred and sixty member House of Representatives. Members are elected to both branches for a term of two years, and the Constitution requires the Legislature to assemble every year on the first Wednesday in January. A President, elected by majority vote, presides over the Senate: a Speaker, over the House of Representatives.

The primary responsibility of the Legislature is the enactment of laws; both chambers have organized themselves through a number of standing committees, to which proposed legislation is referred for analysis and consideration. Joint committees, comprised of six Senators and eleven Representatives, are co-chaired by a member of each branch. There are joint committees on Banks and Banking, Commerce and Labor, Counties, Criminal Justice, Education, Arts and Humanities, Election Laws, Energy, Federal Financial Assistance, Government Regulations, Health Care, Housing and Urban Development, Human Services and Elderly Affairs, Insurance, Judiciary, Local Affairs, Natural Resources and Agriculture, Public Safety, Public Service, State Administration, Taxation, and Transportation.

In addition to the system of joint committees, each branch maintains separate committees on Rules, which address the procedural matters of each branch; Ways and Means, which consider all legislation affecting the finances of the Commonwealth; Bills in Third Reading, which review legislation to ensure proper drafting and constitutional form; Ethics, which monitor the conduct of all members and staff; Post Audit and Oversight, which perform financial and programmatic reviews of state government; Steering and Policy, which assist in identifying major priorities throughout the session; and Science and Technology, which assess and research the implications of emerging technologies and their impact on the development of public policy.

Fiscal Year 2003 Recommended Funding

For fiscal year 2003, the Senate Ways and Means Committee recommends an appropriation level of $54,405,572 for the Legislature.