JUDICIARY.
0320-0003 For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices............................................................................................................................................................. $6,405,521
0320-0010
For the operation of the clerk's office of the supreme judicial court for
0321-0001 For the operation of the commission on judicial conduct........................................................................ $478,153
0321-0100 For the services of the board of bar examiners ................................................................................. $1,044,803
Committee for Public Counsel
Services.
0321-1500
For the operation of the committee for public counsel services as
authorized by chapter 211D of the General Laws; provided that the committee
shall submit a report to the clerks of the house of representatives and senate,
not later than
0321-1505
For additional costs of the public defender division, including the costs
of hiring new public defender attorney positions and the establishment of an
additional
0321-1510 For compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D; provided, that not more than $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2005; and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year 2004........................................................................................................................................................... $67,404,445
0321-1518 The chief counsel for the committee for public services may expend an amount not to exceed $750,000 from revenues collected from fees charged for attorney representation of indigent clients; provided however, that said revenues credited to this account shall only be those revenues in excess of the amounts for the fees collected in fiscal year 2004 as calculated on a monthly basis in addition to revenues generated pursuant to the Middlesex Indigency Verification Pilot Program................................................................................................................................................................ $750,000
0321-1520 For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $500,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2005................................................................................... $6,428,967
0321-1600
For the Massachusetts Legal Assistance Corporation to provide legal
representation for indigent or otherwise disadvantaged residents of the
commonwealth; provided, that notwithstanding section 9 of chapter 221A of the
General Laws, $1,190,129 shall be expended for the disability benefits project,
$544,286 shall be expended for the Medicare advocacy project, and $2,490,993
shall be expended for the battered women’s legal assistance project; provided
further, that the corporation shall submit a report to the house and senate
committees on ways and means not later than
0321-2000 For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, as provided in section 34E of chapter 221 of the General Laws ............................................................... $501,085
0321-2100
For the
0321-2205
For the expenses of the social law library located in
Appeals
Court.
0322-0100 For the appeals court, including the salaries, traveling allowances and expenses of the chief justice, recall judges and the associate justices, prior appropriation continued................................................................................ $9,036,340
Trial
Court.
0330-0101 For the salaries of the justices of the superior court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer $8,585,047
0330-0102 For the salaries of the justices of the district court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer $17,597,934
0330-0103 For the salaries of the justices of the probate and family court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer $5,643,572
0330-0104 For the salaries of the justices of the land court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer ................. $681,384
0330-0105 For the salaries of the justices of the Boston municipal court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer .................. $2,598,593
0330-0106 For the salaries of the justices of the housing court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer $1,132,492
0330-0107 For the salaries of the justices of the juvenile court department of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of such transfer $4,628,579
0330-0300 For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreement, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rental and leases, operation of courthouse facilities, witness fees, printing expenses, equipment maintenance and repairs, court interpreter program, and insurance and chargeback costs; provided, that funds may be expended for the judicial training institute; provided further, that the amount of increased compensation to certified private counsel appointed by the committee for public counsel services ordered by any court under Supreme Judicial Court Rule 3.10, section 5, shall be paid from this item; provided further, that 50 percent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that notwithstanding section 9A of chapter 30, or any general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any veteran, as so defined, who holds a trial court office or position in the service of the commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed term or an office or position under section 7 of chapter 30, and who (1) has held the office or position for not less than 1 year and (2) has 30 years of total creditable service to the commonwealth, as defined in chapter 32; provided further, that not less than $100,000 shall be expended for the implementation of a changing lives through literature program; provided further, that not less than $100,000 shall be expended from this item for a contract with Massachusetts General Hospital for a research program on abused children; provided further, that the chief justice for administration and management of the trial Court shall make a report to the general court relative to the annual cost of maintaining the court system’s electronic equipment and systems and identify means to reduce the costs; provided further, that the report shall include, but not be limited to the following: an analysis of current equipment maintenance service contracts, a review of alternative equipment maintenance programs which, if implemented, would result in cost savings, better management of the equipment repair process, and enhanced equipment protection; provided further that in preparing said report the chief justice for administration and management may utilize the services of appropriate third parties knowledgeable in equipment service contracts; provided further, that the chief justice for administration and management shall file said report with the house and senate committees on ways and means on or before October 1, 2004; provided further, that notwithstanding any general or special law or regulation to the contrary, the chief justice of administration and management of the trial court, in consultation with the state secretary, shall, not later than October 31, 2004, issue a request for purchase through the competitive bidding process for the provision of public records storage, except those records that receive federal reimbursement, for all state agencies within the jurisdiction of the trial court in order to achieve cost savings including, but not limited to, those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. The chief justice shall, in consultation with the state secretary, report, not later than March 31, 2005, a plan to improve public records storage and office space efficiencies to the joint committee on state administration and to the house and senate committees on ways and means; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that said report shall include, but not be limited to, the number of cases in which said assessment was reduced or waived by a judge or clerk-magistrate within said courts; provided further, that said report shall be submitted to the victim and witness assistance board on or before January 14, 2005; provided further, that notwithstanding any general or special law to the contrary, the chief justice for administration and management shall not transfer any criminal or civil cases from the third district court of Essex at Ipswich prior to June 30, 2005; provided further, that said chief justice shall submit a report to the house and senate chairmen of the joint committee on the judiciary not later than October 1, 2004 detailing a plan to provide for the closure of the third district court of Essex at Ipswich; and provided further, that said report shall include, but not be limited to, transfer of personnel, reallocation of resources, the impact on other district courts resulting from the closure of said court, and other factors that may affect implementation of said closure ........................................................................................................ $103,671,838
0330-0317
For the operation and expenses of the
0330-0410 For alternative dispute resolution services for the trial court; provided, that such services shall be made available to the extent possible in connection with child care, protection and custody proceedings in juvenile and probate courts; provided further that not less than $44,337 shall be expended for North Central Court Services, Inc.; provided further, that not less than $40,000 shall be expended for the North Shore Community Mediation Program in Salem; provided further, that not less than $48,032 shall be expended for Metropolitan Mediation Services; provided further, that not less than $36,947 shall be expended for Community Mediation of Worcester; provided further, that not less than $62,811 shall be expended for Mediation Works, Inc; provided further, that not less than $50,000 shall be expended for Quabbin Mediation in Athol; provided further, that not less than $25,863 shall be expended for the Mediation and Training Collaborative of Franklin County in Greenfield; provided further, that not less than $50,000 shall be expended for Framingham Court Mediation Services; provided further, that not less than $42,737 shall be expended for Dispute Resolution Services, Inc., in Springfield district court; provided further, that not less than $25,863 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield; provided further, that not less than $50,000 shall be expended for the Cape Cod Dispute Resolution Center; provided further, that not less than $50,000 shall be expended for the Community Dispute Settlement Center, Inc., of Cambridge; provided further, that not less than $29,558 shall be expended for Berkshire Mediation Services inc.; provided further, that not less than $48,031 shall be expended for the Somerville Mediation Program; provided further, that not less than $48,032 shall be expended for the Middlesex Multi-door Court House Program; and provided further that not less than $30,000 shall be expended for the Martha’s Vineyard Mediation Program................................................................................................................................................................ $800,000
0330-0441 For permanency mediation services in the probate and juvenile courts ............................................... $476,598
0330-2200 For the rental of county court facilities, in accordance with section 4 of chapter 29A of the General Laws; provided, that all county facilities shall be reimbursed at 100 per cent from this item in fiscal year 2005..................... $9,068,874
0330-3200
For the court security program, including personnel and expenses;
provided, that the chief justice for administration and management shall submit
a report to the house and senate committees on ways and means not later than
0330-3333 The chief justice for administration and management may expend an amount not to exceed $17,000,000 from fees charged and collected pursuant to section 3 of chapter 90C, chapter 185, section 22 of chapter 218 and sections 2, 4A, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that said chief justice shall only expend or allocate funds from this item to the seven departments of the trial court for the operation of said departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days prior to said expenditures or allocations; provided further, that the only revenue available for expenditure in this item for fiscal year 2005 shall be revenue collected from said fees in excess of the amount collected and deposited into the General Fund in fiscal year 2003 from said fees; provided further, that no such allocation shall occur until said schedules have been approved by said committees; provided further, that said fees shall continue to be transmitted to the treasurer for deposit into the General Fund prior to the expenditure authorized by this item; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, said chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of one half of this authorization or the most recent revenue estimate therefor as reported in the state accounting system ............................................................................................................. $17,000,000
0330-3334 The chief justice for administration and management may expend an amount not to exceed $18,000,000 from fees charged and collected pursuant to section 87A of chapter 276 of the General Laws; provided, that said chief justice shall only expend or allocate funds from this item to the district court and Boston Municipal Court departments of the trial court for the operation of said departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days prior to said expenditures or allocations; provided however, that said chief justice shall allocate or expend said funds authorized herein in a manner that accounts for the individual district court's compliance with section 13 of chapter 300 of the acts of 2002; and provided further, that said fees shall continue to be transmitted to the treasurer for deposit into the General Fund prior to the expenditure authorized by this item ............................................................................................................................................. $18,000,000
0331-0100 For the administrative office of the superior court department .......................................................... $6,015,097
0331-0300 For medical malpractice tribunals established in accordance with the provisions of section 60B of chapter 231 of the General Laws ........................................................................................................................................................ $59,323
0331-2100 For the Barnstable superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................. $689,500
0331-2200 For the Berkshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ...................................................... $194,011
0331-2300 For the Bristol superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................................ $826,697
0331-2400 For the Dukes superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................................ $154,522
0331-2500 For the Essex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ......................................................... $1,393,927
0331-2600 For the Franklin superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ...................................................... $288,556
0331-2700 For the Hampden superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................... $1,240,186
0331-2800 For the Hampshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................. $298,680
0331-2900 For the Middlesex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................... $3,111,751
0331-3000 For the Nantucket superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ...................................................... $130,215
0331-3100 For the Norfolk superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................... $1,142,317
0331-3200 For the Plymouth superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................... $1,047,213
0331-3300
For the
0331-3400 For the Suffolk superior criminal court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ........................ $1,868,410
0331-3404
For an education and community outreach pilot program to be administered
in the
0331-3500 For the Worcester superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ............................................... $1,030,766
District Court
Department.
0332-0100 For the administrative office of the district court department, including a civil conciliation program ..... $834,311
0332-1100 For the first district court of Barnstable ................................................................................................. $518,876
0332-1200
For the second district court of Barnstable at
0332-1203
For the third district court of Barnstable at
0332-1300
For the district court of northern
0332-1400
For the district court of central
0332-1500
For the district court of southern
0332-1600
For the first district court of Bristol at
0332-1700
For the second district court of Bristol at
0332-1800
For the third district court of Bristol at
0332-1900
For the fourth district court of Bristol at
0332-2000 For the district court of Edgartown ........................................................................................................ $164,337
0332-2100
For the first district court of Essex at
0332-2300
For the third district court of Essex at
0332-2400
For the central district court of northern
0332-2500
For the district court of eastern
0332-2600
For the district court of
0332-2700
For the district court of southern
0332-2800
For the district court of
0332-2900
For the district court of
0332-3000
For the district court of
0332-3100
For the district court of
0332-3200
For the district court of
0332-3300
For the district court of
0332-3400 For the district court of eastern Hampden at Palmer ............................................................................. $293,203
0332-3500
For the district court of
0332-3600
For the district court of western Hampden at
0332-3700
For the district court of Hampshire at
0332-3800 For the district court of eastern Hampshire at Ware ............................................................................. $161,045
0332-3900
For the district court of
0332-4000
For the district court of
0332-4100
For the district court of
0332-4200
For the district court of
0332-4300
For the district court of
0332-4400
For the first district court of eastern Middlesex at
0332-4500
For the second district court of eastern Middlesex at
0332-4600
For the third district court of eastern Middlesex at
0332-4700
For the fourth district court of eastern Middlesex at
0332-4800 For the first district court of northern Middlesex at Ayer ...................................................................... $358,348
0332-4900
For the first district court of southern Middlesex at
0332-5000
For the district court of central Middlesex at
0332-5100
For the district court of
0332-5200
For the district court of northern
0332-5300
For the district court of East Norfolk at
0332-5400
For the district court of western
0332-5500
For the district court of southern
0332-5600 For the municipal court of Brookline ....................................................................................................... $335,715
0332-5700
For the district court of
0332-5800
For the second district court of Plymouth at
0332-5900
For the third district court of Plymouth at
0332-6000
For the fourth district court of Plymouth at
0332-6300 For the district court of Chelsea; provided, that notwithstanding the provisions of any general or special law to the contrary, said district court shall be the permanent location for the northern trial session to handle six person jury cases; provided further, that all personnel within said district court whose duties relate to said northern trial session shall report to the clerk magistrate of said district court; and provided further, that the clerk magistrate shall utilize whatever space within the facility at-large he deems necessary to comply with S.J.C. Rule 3:12, Canon 3(A)6 ...................................... $781,820
0332-6900 For the central district court of Worcester ......................................................................................... $1,491,891
0332-7000
For the district court of
0332-7100
For the district court of
0332-7200 For the district court of Winchendon ..................................................................................................... $134,005
0332-7300
For the first district court of northern
0332-7400
For the first district court of eastern
0332-7500
For the second district court of eastern
0332-7600
For the district court of southern
0332-7700
For the second district court of southern
0332-7800
For the third district court of southern
0332-7900
For the district court of western
Probate and
0333-0002 For the administrative office of the probate and family court department; provided, that the case manager shall meet monthly with the department of social services and shall report quarterly to the house and senate committees on ways and means on the backlog of cases in the probate court and the parties' progress made in such backlog each month $1,289,406
0333-0100
For the
0333-0150 For the operation of a child and parents program in the Barn-stable probate court ............................... $79,495
0333-0200
For the
0333-0300
For the
0333-0400 For the Dukes probate court .................................................................................................................. $120,603
0333-0500
For the
0333-0600
For the
0333-0700 For the Hampden probate court .......................................................................................................... $1,911,173
0333-0711 For the operation of the Berkshire, Franklin, Hampden and Hampshire family court clinic to be administratively located in the city of Springfield and to serve the Berkshire, Franklin, Hampden and Hampshire divisions of the probate court .................................................................................................................................................................. $39,748
0333-0800 For the Hampshire probate court ........................................................................................................... $636,139
0333-0900 For the Middlesex probate court ......................................................................................................... $3,330,136
0333-0911 For the Middlesex probate court family services clinic .......................................................................... $193,762
0333-1000
For the
0333-1100
For the
0333-1111 For the Norfolk probate court family services clinic .............................................................................. $139,772
0333-1200
For the
0333-1300
For the
0333-1313 For the Suffolk probate community access program of community outreach and education; provided, that said program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that said program shall be administered by the register of probate of Suffolk county .......................... $189,041
0333-1400
For the
0333-1411 For the Worcester probate court family services clinic ......................................................................... $169,362
Land Court
Department.
0334-0001 For the operation of the land court ..................................................................................................... $2,350,474
0335-0001
For the central division of the
0335-0100
For the
0335-0200
For the
0335-0300
For the
0335-0400
For the East Boston division of the
0335-0500
For the Roxbury division of the
0335-0600
For the South Boston division of the
0335-0700
For the West Roxbury division of the
0336-0002 For the administrative office of the housing court department................................................................. $94,546
0336-0100
For the
0336-0200 For the western division of the housing court ....................................................................................... $634,164
0336-0300
For the
0336-0400 For the southeastern division of the housing court ............................................................................ $1,113,400
0336-0500 For the northeastern division of the housing court ................................................................................ $596,525
0337-0002 For the administrative office of the juvenile court department ............................................................... $886,387
0337-0100
For the
0337-0200
For the
0337-0300
For the Hampden county juvenile courts; provided further that $145,841
shall be expended for the
0337-0400
For the Worcester county juvenile courts; provided further that $72,920
shall be expended for the
0337-0500
For the
0337-0600
For the Essex county juvenile courts; provided further that $91,150 shall
be expended for the
0337-0700
For the Hampshire and Franklin counties juvenile courts; provided further
that $77,478 shall be expended for the Franklin/Hampshire
0337-0800
For the Plymouth county juvenile courts; provided further that $72,920
shall be expended for the
0337-0900
For the Berkshire county juvenile courts; provided further that $54,690
shall be expended for a Berkshire
0337-1000 For the Middlesex county juvenile courts ........................................................................................... $1,096,081
0337-1100
For the
Office of the Commissioner of
Probation.
0339-1001 For the office of the commissioner of probation; provided, that notwithstanding the provisions of any general or special law, rule or regulation to the contrary, said commissioner, subject to appropriation, shall have exclusive authority to appoint, dismiss, assign and discipline probation officers, associate probation officers, probation officers-in-charge, assistant chief probation officers and chief probation officers; provided further, that said associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service subject to collective bargaining agreements to perform intensive, community-based supervision of probationers, including the provisions of intensive supervision and community restraint services as described in item 0339-1004; provided further, that notwithstanding the provisions of any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that said office shall enter into an interagency service agreement with the department of revenue to verify income data and to utilize the departments wage reporting and bank match system for the purpose of weekly tape-matching, so-called, for the purposes of determining an individual's eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that said office shall submit quarterly reports to the house and senate committees on ways and means detailing the progress of eligibility verification with said department; and provided further, that said report shall include, but not limited to, the number of individuals to be found misrepresenting assets, revenue generated through collection of indigent client fees, the average indigent client fee that each court division collects per case since the effective date of this act, recommendations on improvements in verifying eligibility for counsel and other pertinent information to ascertain the effectiveness of verification ........................................................................................................... $114,890,795
0339-1003 For the operation of the trial court office of community corrections, including the costs of personnel $4,049,087
0339-1004
For the cost of intensive supervision and community corrections programs;
provided, that the programs shall include, but not be limited to, tracking,
community service, educational assistance, drug and alcohol testing and
treatment, curfew enforcement, home confinement, day reporting, means-tested
fines, restitution, and community incapacitation or restraint; provided further,
that the number of placements in the programs shall not exceed a daily average
goal of 5,000 intensively-supervised probationers; provided further, that funds
from this item shall be expended to cover the costs of the programs that are
undertaken and administered by court probation offices and county sheriffs’
offices; provided further, that said funds shall be expended for the purpose of
providing said programs in Barnstable, Berkshire, Bristol, Dukes, Essex,
Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk,
and Worcester counties in fiscal year 2005; provided further, that the executive
director of the office of community corrections of the trial court shall enter
into interagency service agreements and memoranda of understanding with the
probation offices and sheriffs’ offices for the provision of said programs,
including the contracting for detention space for probationers arrested for
violating probation and awaiting court action and detention space for
probationers who have been ordered by the trial court to be supervised at a
higher level of restraint; provided further, that said agreements and memoranda
shall be entered into at the direction of the executive director; provided
further, that the executive director shall submit a spending and management plan
for the programs to the house and senate committees on ways and means not later
than
Office of the Jury
Commissioner.
0339-2100 For the office of the jury commissioner in accordance with chapter 234A of the General Laws ..... $1,990,901
Suffolk District
Attorney.
0340-0100
For the Suffolk district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, the domestic violence unit and the children’s advocacy center;
provided, that the office shall submit a report to the house and senate
committees on ways and means not later than
Middlesex District
Attorney.
0340-0200
For the Middlesex district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that the office shall submit
a report to the house and senate committees on ways and means not later than
Essex District
Attorney.
0340-0300
For the Essex district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that the office shall submit
a report to the house and senate committees on ways and means not later than
Worcester District
Attorney.
0340-0400
For the Worcester district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program and the domestic violence unit; provided, that the office shall submit a
report to the house and senate committees on ways and means not later than
0340-0410
For the analyses of narcotic drug synthetic substitutes, poisons, drugs,
medicines and chemicals at the
Hampden District
Attorney.
0340-0500
For the Hampden district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that the office shall submit
a report to the house and senate committees on ways and means not later than
Hampshire/Franklin District
Attorney.
0340-0600
For the Hampshire/Franklin district attorney’s office, including the
victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than
Norfolk District
Attorney.
0340-0700
For the Norfolk district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that the office shall submit
a report to the house and senate committees on ways and means not later than
Plymouth District
Attorney.
0340-0800
For the Plymouth district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that the office shall submit
a report to the house and senate committees on ways and means not later than
Bristol District
Attorney.
0340-0900
For the Bristol district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program and the domestic violence unit; provided, that the office shall submit a
report to the house and senate committees on ways and means not later than
0340-1000
For the Cape and Islands district attorney’s office, including the victim
and witness assistance program, the child abuse and sexual assault prosecution
program and the domestic violence unit; provided, that $125,000 shall be
expended to support the sex offender management unit pursuant to the provisions
in this act; provided further, that 2 prosecutors and administrative support
shall be provided to the Cape Cod offender management task force; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than
Berkshire District
Attorney.
0340-1100
For the Berkshire district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that the office shall submit
a report to the house and senate committees on ways and means not later than
District Attorneys
Association.
0340-2100 For the operation of the Massachusetts District Attorneys' Association, including the implementation and related expenses of the district attorneys' office automation and case management and tracking system; provided, that expenses associated with the system may be charged directly to this item; provided further, that the 11 district attorneys of the commonwealth may contribute a portion of their fiscal year 2005 appropriation to the Massachusetts District Attorneys' Association in order to alleviate the cost of the case management and tracking system as well as the cost of data lines associated with the district attorney's computer network; provided further, that each district attorney shall submit a report to the Massachusetts District Attorneys' Association and the house and senate committees on ways and means delineating all funds expended for the purpose of implementing the case management and tracking system not later than January 30, 2005; provided further, that the report shall include, but not be limited to, an analysis of the total cost of the district attorneys' computer network, the total cost incurred by each district attorney's office, a detailed list of all hardware and software leased, owned or operated by each district attorney, a plan for any purchases to be made in the remainder of fiscal year 2005 and a detailed summary of any policies implemented to contain the costs of the network by either the Massachusetts District Attorneys Association or the individual district attorneys' offices; provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated in this item; and provided further, that said association shall submit a report to the house and senate committees on ways and means not later than January 31, 2005 detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2004, and the amount of each source of revenue $1,506,600
0340-2101 For the overtime costs of state police officers assigned to the district attorneys; provided, that costs associated with those officers shall not be funded from item 8100-0007; provided further, that not less than $261,479 shall be expended at the direction of the district attorney for the Suffolk district; provided further, that not less than $366,410 shall be expended at the direction of the district attorney for the Middlesex district; provided further, that not less than $348,894 shall be expended at the direction of the district attorney for the Essex district; provided further, that not less than $281,208 shall be expended at the direction of the district attorney for the Worcester district; provided further, that not less than $219,703 shall be expended at the direction of the district attorney for the Hampden district; provided further, that not less than $127,953 shall be expended at the direction of the district attorney for the Franklin/Hampshire district; provided further, that not less than $318,672 shall be expended at the direction of the district attorney for the Norfolk district; provided further, that not less than $242,316 shall be expended at the direction of the district attorney for the Plymouth district; provided further, that not less than $229,498 shall be expended at the direction of the district attorney for the Bristol district; provided further, that not less than $187,750 shall be expended at the direction of the district attorney for the Cape and Islands district; provided further, that not less than $70,603 shall be expended at the direction of the district attorney for the Berkshire district; and provided further, that no expenditures shall be made on or after the effective date of this act which would cause the commonwealth’s obligation for thepurpose of this item to exceed the amount appropriated herein............................... $3,379,377
General Fund ............................................................................ 11.80%
Highway Fund .......................................................................... 88.20%
0340-8908 For the costs associated with maintaining the association’s wide area network............................... $1,285,000
EXECUTIVE.
0411-1000 For the offices of the governor, the lieutenant governor and the governor’s council; provided, that the amount appropriated in this item may be used at the discretion of the governor for the payment of extraordinary expenses not otherwise provided for and for transfer to appropriation accounts where the amounts otherwise available may be insufficient; provided further, that not more than $205,161 shall be spent on the governor’s commission on mental retardation; and provided further, that the advisory council on Alzheimer’s disease and related disorders, as established in the office of the governor by section 379 of chapter 194 of the acts of 1998, and section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2005............................................................................................................................................................. $5,135,418
Secretary Of The
Commonwealth.
0511-0000
For the operation of the office of the secretary; provided, that said
office shall submit a report detailing staffing patterns for each program
operated by said office; provided further, that said report shall include, but
not be limited to, actual and functional job titles by program, compensation
rates and lengths of service for each employee; provided further, that said
office shall submit said report not later than
0511-0001
The state secretary is hereby authorized to expend revenues not to exceed
$30,000 from the sale of merchandise at the
0511-0108 The state secretary acting on behalf of the commonwealth may sell, transfer or license the Division of Corporations' software and related documents pertaining to its web based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as in his sole discretion reasonably compensates the commonwealth for its interests; provided, that the secretary may retain and expend revenues collected from such sales, licensure or user agreements in an amount not to exceed $75,000 for technical activities of the corporations division the remainder to be deposited in the General Fund; provided further, that the secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications; and provided further, that the department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the department ........................................................ $75,000
0511-0200 For the operation of the state archives division .................................................................................... $530,450
0511-0230 For the operation of the records center ................................................................................................ $155,985
0511-0250 For the operation of the archives facility ............................................................................................... $416,804
0511-0260 For the operation of the commonwealth museum .................................................................................. $187,390
0511-0420 For the operation of the address confidentiality program ...................................................................... $108,662
0517-0000 For the printing of public documents ...................................................................................................... $850,107
0521-0000
For the operation of the elections division, including preparation,
printing and distribution of ballots and for other miscellaneous expenses for
primary and other elections; provided, that the secretary of state may award
grants for voter registration and education in the cities of Boston, Springfield
and Worcester; provided further, that the registration and education activities
may be conducted by community-based voter registration and education
organizations; and provided further, that the secretary shall submit a report to
the house and senate committees on ways and means not later than
0521-0001
For the operation of the central voter registration computer system;
provided, that a report detailing the status, remaining costs and further
implementation requirements of the central voter registration system shall be
submitted to the house and senate committees on ways and means not later than
0524-0000 For providing information to voters ..................................................................................................... $1,355,744
0526-0100
For the operation of the
0527-0100 For the operation of the ballot law commission ....................................................................................... $16,286
0528-0100 For the operation of the records conservation board.............................................................................. $30,740
0540-0900
For the registry of deeds located in
0540-1000
For the registry of deeds located in
0540-1100
For the registry of deeds in the former
0540-1200
For the registry of deeds in the former
0540-1300
For the registry of deeds in the former
0540-1400
For the registry of deeds located in
0540-1500
For the registry of deeds located in
0540-1600
For the registry of deeds located in
0540-1700
For the registry of deeds located in
0540-1800
For the registry of deeds located in Great Barrington in the former
0540-1900
For the registry of deeds in the former
0540-2000
For the registry of deeds located in
0540-2100
For the registry of deeds located in the city of
TREASURER
Office of the Treasurer and
Receiver General.
0610-0000
For the office of the treasurer and receiver-general; provided, that the
treasurer shall provide computer services required by the teachers’ retirement
board; provided further, that to the extent that bank fees exceed the amount
appropriated in item 0610-0100, the treasurer may, subject to an allocation plan
filed in advance with the house and senate committees on ways and means,
transfer from this item to said item 0610-0100, an amount sufficient to ensure
full payment of the bank fees; provided further, that not less than $37,000
shall be granted to the elder advocacy organization known as the Silver-Haired
Legislature; provided further, that the treasurer’s office shall submit a report
to the victim and witness assistance board which details the amount of
assessments transmitted to the treasurer during the previous calendar year on a
monthly basis from the courts, the registrar of motor vehicles and the sheriff
or superintendent of any correctional facility pursuant to section 8 of chapter
258B; provided further, that the report shall be submitted to the board on or
before
General Fund ............................................................................. 90.0%
Highway Fund ........................................................................... 10.0%
0610-0050 For the administration of the alcoholic beverages control commission in its efforts to regulate and control the conduct and condition of traffic in alcoholic beverages; provided, that said commission shall maintain at least one chief investigator and other investigators for the purpose of regulating and controlling the traffic of alcoholic beverages; provided further, that said commission is authorized and directed to work and cooperate with the Alcohol, Tobacco, and Firearms division of the United States Department of Justice and other relevant federal agencies to assist in its efforts to regulate and control the traffic of alcoholic beverages; provided further, that not less than $60,000 be provided for an additional investigator for Western Massachusetts region; and provided further, that said commission is directed to seek out matching federal dollars and to apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages ........................................................................................................................................... $1,826,478
0610-0100 For the payment of bank fees; provided, that the treasurer may transfer funds from this item to item 0610-0000 for one-time, non-recurring expenditures upon certification to the secretary of administration and finance that the remaining balance in this account will be sufficient to make all necessary expenditures .......................................................... $3,600,000
General Fund ............................................................................. 90.0%
Highway Fund ........................................................................... 10.0%
0610-0140 For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the Commonwealth’s General and Stabilization Fund investments.................. $150,000
0610-1500 For tuition payments as required by section 12B of chapter 76 of the General Laws, notwithstanding chapter 29 of the General Laws to the contrary; provided, that the state treasurer may expend in anticipation of revenue amounts necessary to meet payments; and provided further, that the state treasurer shall deduct the amount expended from this account from items 7061-0008 and 0611-5500 and from the amounts specified in section 3, in accordance with said section 12B of said chapter 76.
0611-1000 For bonus payments to war veterans ..................................................................................................... $50,000
0611-5500 For additional assistance to cities and towns to be distributed according to section 3 and for assistance to certain public entities of the commonwealth which have constructed water pollution abatement facilities; provided, that the distribution to the public entities shall equal $1,249,948; and provided further, that if there is a conflict between the provisions of the distribution set forth in section 3 and any other provisions of this act, the distribution set forth in section 3 shall control ......................................................................................................................................................... $379,767,936
0611-5510 For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws ...................................................................................................... $12,500,000
0611-5800 For distribution to each city and town within which racing meetings are conducted pursuant to section 18D of chapter 58 of the General Laws, as amended by section 186 of chapter 26 of the acts of 2003 .......................... $2,500,000
Pension
Benefits.
0612-0105 For payment of the public safety employee killed in the line of duty benefit authorized by section 100A of chapter 32 of the General Laws ........................................................................................................................................ $500,000
Commission on Firefighters'
Relief.
0620-0000 For financial assistance to injured firefighters .......................................................................................... $9,808
Lottery
Commission.
0640-0000 For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that positions funded by this item shall not be subject to chapters 30 and 31 of the General Laws; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund $67,072,388
0640-0001 For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less $3,653,019
0640-0005 For the costs associated with the continued implementation of the game of keno; provided, that any sums expended on promotional activities shall be limited to point of sale promotions and agent newsletters; provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ............................................................................................................................................................. $1,233,347
0640-0010 For the promotional activities associated with the state lottery program; provided, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ............ $10,000,000
0640-0013 For costs to establish, develop, implement and promote a lottery anti-litter program; provided, that said lottery may develop regional environmental awareness events to limit the number of discarded instant tickets that become litter; provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ......................................................................................................................................... $100,000
0640-0096
For the purpose of the commonwealth’s fiscal year 2005 contributions to
the health and welfare fund established pursuant to the collective-bargaining
agreement between the lottery commission and the service employees international
union, Local 254,
0640-0300 For the services and operations of the council, including grants to or contracts with public and non-public entities; provided, that notwithstanding any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections 52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times as the council may determine pursuant to section 54 of said chapter 10; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund; provided further, that any funds expended from this item for the benefit of schoolchildren shall be expended for the benefit of all Massachusetts schoolchildren and on the same terms and conditions; provided further, that the council shall not expend funds from this item for any grant or contract recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; provided further, that not more than $1,000,000 of the funds appropriated herein shall be used to assist cultural organizations in augmenting or initiating endowments to promote the financial stability of the organizations and the assistance shall be in the form of challenge grants to the organizations; provided further, that in order to receive a grant a cultural organization shall raise an amount at least equal to the amount of the grant for the organization’s endowment; provided further, that funds provided by the grants shall, in perpetuity, be used solely to provide free or reduced rate public programs or services to citizens of the commonwealth; provided further, that a grant made under this program shall not exceed $100,000; and provided further, that a person employed under this item shall be considered an employee within the meaning of section 1 of chapter 150E of the General Laws and shall be placed in the appropriate bargaining unit.................................................................................................................. $6,603,354
0640-0350 For the purposes of cultural resources pursuant to section 36 of chapter 69 of the General Laws including grants to or contracts with public and non-public entities; provided, that the council shall not expend funds from this item for any recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund .................................................................................................. $743,520
0640-0351 For the John and Abigail Adams Arts Program, as established herein, to promote innovations in the arts and humanities within the commonwealth through the disbursement of cultural economic development grants including grants for cultural activities that have the capacity to revitalize communities, stimulate income, create or enhance jobs, and attract tourism; provided, that said funds shall be administered by the Massachusetts cultural council; provided further, that the mission of grant applicants may include demonstrated scholarship or creativity in, or distinguished service to, the arts and humanities; provided, that grants may focus on seed funding for early stage planning or implementation, creation of enduring partnerships among cultural and non-cultural organizations, defined community needs or opportunities, and creation of innovative and sustainable development models that can be replicated throughout and beyond the commonwealth; provided further, that eligible applicants shall include, but not be limited to, not-for-profit organizations and public sector entities; provided further, that collaborating partners may also include private, for-profit organizations, educational institutions and state or federal agencies; provided further, that grants shall not exceed $100,000 and shall be leveraged by not less than $1 for each $1 granted; provided further, that preference shall be given to an applicant with multiple funding sources that can demonstrate project viability, community support and potential for long-term sustainability; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund $1,000,000
Debt
Service.
0699-0015 For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth, previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that payments of certain serial bonds maturing previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary, the state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item and item 0699-9100; provided further, that the payments shall pertain to the bonds, notes, or other obligations authorized to be paid from each item; provided further, that notwithstanding any general or special law to the contrary, the comptroller may transfer the amounts that would otherwise be unexpended on June 30, 2005, from item 0699-0015 to item 0699-9100 or from item 0699-9100 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2005; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; provided further, that payments on bonds issued pursuant to section 2O of chapter 29 of the General Laws shall be paid from this item and shall be charged to the Infrastructure sub-fund of the Highway fund; provided further, that payments of interest, discount and principal on certain bonded debt of the commonwealth associated with the Watershed Management Fund for the acquisition of development rights and other interests in land, including fee simple acquisitions of watershed lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above the Ware river intake pipe shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary or other provisions of this item, the comptroller may charge the payments authorized herein to the appropriate budgetary or other fund subject to a plan which the comptroller shall file 10 days in advance with the house and senate committees on ways and means; and provided further, that the comptroller shall transfer from this item to the government land bank fund an amount equal to the amount by which debt service charged to said fund exceeds revenue deposited to said fund .................................................................................... $1,568,573,000
General Fund ............................................................................ 68.07%
Highway Fund .......................................................................... 31.93%
0699-2004 For the payment of interest, discount and principal on certain indebtedness which may be incurred for financing the central artery/third harbor tunnel funding shortfall ....................................................................................... $76,264,000
Highway Fund ......................................................................... 100.0%
0699-9100
For the payment of interest and issuance costs on bonds and bond and
revenue anticipation notes and other notes pursuant to sections 47 and 49B of
chapter 29 of the General Laws; provided, that the treasurer shall certify to
the comptroller a schedule of the distribution of costs among the various funds
of the commonwealth; provided further, that the comptroller shall charge costs
to such funds in accordance with such schedule; and provided further, that any
deficit in this item at the close of the fiscal year ending
0699-9101 For the purpose of depositing with the trustee under the trust agreement authorized in section 10B of chapter 11 of the acts of 1997 an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund .................... $74,698,000
0699-9200
For certain debt service contract assistance to the
STATE AUDITOR.
Office of the State
Auditor.
0710-0000
For the office of the state auditor, including the review and monitoring
of privatization contracts in accordance with sections 52 to 55, inclusive, of
chapter 7 of the General Laws and shared oversight of the central artery/third
harbor tunnel project; provided, that a report shall be submitted to the house
and senate committees on ways and means not later than
0710-0100 For the operation of the division of local mandates ............................................................................... $585,103
0710-0200 For the operation of the bureau of special investigations; provided, that the department shall file quarterly reports with the house and senate committees on ways and means detailing the total amount of fraudulently obtained benefits identified by the bureau of special investigations of the office of the state auditor, the total value of settlement restitution payments, actual monthly collections, and any circumstances that produce shortfalls in collections ........................... $1,600,000
ATTORNEY
GENERAL.
Office of the Attorney
General.
0810-0000 For the office of the attorney general, including the administration of the local consumer aid fund, the operation of the anti-trust division, all regional offices, a high-tech crime unit and the victim and witness compensation program; provided, that the victim and witness compensation program shall be administered in accordance with chapters 258B and 258C of the General Laws; provided further, that the attorney general shall submit to the general court and the secretary of administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0810-0004 indicating both the number and costs for each category of claim; provided further, that not more than $250,000 shall be expended for a grants program for the safe neighborhood initiative-jobs for youth program; provided further, that not more than $250,000 shall be expended from the funds appropriated in this item for a safe neighborhood initiative pilot program in the Bowdoin/Geneva area, of Dorchester; provided further, that the public proceedings unit shall review the water rate increases; provided further, that no more than $240,000 shall be expended for the operation of a child protection unit; provided further, that funds may be expended for the commission on uniform state laws; and provided further that $100,000 shall be expended for the Ella J. Baker House and the Tieng Xanh-Voice Program................................................................... $20,951,774
0810-0004 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of chapter 258C of the General Laws, if a claimant is 60 years of age or older at the time of the crime and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with said chapter 258C even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of $50; and provided further, that notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section 5 of chapter 258B of the General Laws ............................................. $2,156,000
0810-0006 For the increase in rental costs and unavoidable space rental lease obligations associated with the move of certain divisions of the office of the attorney general to the Leverett Saltonstall building in fiscal year 2005 ............. $2,414,150
0810-0007 For the overtime costs of state police officers assigned to the attorney general; provided, that costs associated with those officers shall not be funded from item 8100-0007; and provided further, that expenditures shall not be made on or after the effective date of this act which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item............................................................................................................. $486,517
Highway Fund ......................................................................... 88.20%
General Fund ........................................................................... 11.80%
0810-0014 For the operation of the department of telecommunications and energy proceedings unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or special law to the contrary, the amount assessed to the unit shall be equal to the amount expended from this item............................................................ $1,390,301
0810-0017 For the expenses related to judicial proceedings relevant to the fuel charge pursuant to section 94G of chapter 164 of the General Laws and such other proceedings as may be reasonably related to the section; provided, that the assessment levied for such expense shall be credited to the General Fund............................................................... $73,500
0810-0021 For the operation of the Medicaid fraud control unit; provided, that the federal reimbursement for any expenditure from this item shall not be less than 75 per cent of the expenditure; provided further, that not less than $225,000 shall continue to be used specifically for the investigation and prosecution of abuse, neglect, mistreatment and misappropriation based on referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide training for all investigators of the department’s division of health care quality responsible for the investigations on a periodic basis pursuant to a comprehensive training program to be developed by the division and the unit; and provided further, that training shall include instruction on techniques for improving the efficiency and quality of investigations of abuse, neglect, mistreatment and misappropriation pursuant to said section 72H.. $2,566,248
0810-0045 For the labor law enforcement program pursuant to subsection (b) of section 1 of chapter 23 of the General Laws; provided, that notwithstanding any general or special law to the contrary, a non-management position funded by this item shall be considered a job title in a collective bargaining unit as prescribed by the labor relations commission and shall be subject to chapter 150E of the General Laws..................................................................................................... $3,005,711
0810-0201 For the costs incurred in administrative or judicial proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this item may be used to supplement the automobile insurance fraud unit and the workers’ compensation fraud unit of the office of the attorney general; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for the costs shall be equal to the amount expended from this item....................................................................................................................... $1,376,948
0810-0338 For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164................................................................................................................................................................ $280,164
0810-0399 For the investigation and prosecution of workers' compensation fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $278,771; provided further, that the attorney general shall investigate and prosecute, where appropriate, employers who fail to provide workers' compensation insurance in accordance with the laws of the commonwealth; and provided further, that said unit shall investigate and report on all companies not in compliance with chapter 152 of the General Laws $278,771
Victim Witness Assistance
Board.
0840-0100
For the operation of the Massachusetts office for victim assistance;
provided, that the office shall submit a comprehensive report compiled from the
information required of and submitted to the office by the trial court, the
registry of motor vehicles and the state treasurer relative to the collection of
assessments for the previous calendar year under section 8 of chapter 258B of
the General Laws; and provided further, that the report shall be submitted to
the house and senate committees on ways and means on or before
0840-0101
For the safeplan advocacy program; provided, that the amount allocated in
this item shall be expended on the salaries and employee benefits of safeplan
advocates and regional coordinators, including the advocates in the Hampshire
probate and family court and the Northampton and Ware district courts; provided
further, that funds may be expended by the Massachusetts office for victim
assistance to administer the program; provided further, that said office shall
submit to the house and senate committees on ways and means not later than
State
Ethics Commission.
0900-0100 For the operation of the state ethics commission ............................................................................... $1,265,221
OFFICE
OF THE INSPECTOR GENERAL.
0910-0200 For the operation of the office of the inspector general ..................................................................... $2,201,150
0910-0210 The office of the inspector general may expend revenues collected up to a maximum of $493,819 from the fees charged to participants in the Massachusetts public purchasing official certification program and the certified public manager program for the operation of such programs; provided, that for the purpose of accommodating discrepancies between the receipts of retained revenues and related expenditures, the office of the inspector general may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .................................................................................................................. $493,819
OFFICE
OF CAMPAIGN
0920-0300 For the operation of the office of campaign and political finance .......................................................... $998,178
OFFICE
OF THE STATE COMPTROLLER.
1000-0001 For the office of the state comptroller for the purpose and cost of compliance with the Single Audit Act of 1984, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June 30, 2005 in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of the audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the office of the comptroller shall charge not more than a total of $750,000 to other items of appropriation for the cost of the audit; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be retained and expended from a separate item without further appropriation, in addition to state funds appropriated to this item, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary for administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues and revenues collected; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller shall deduct an amount of $1,000 from any item of appropriation in section 2 of this act in which a reporting requirement is stipulated within said item and which report is not filed within ten days of the stated due date; provided further, that any and all amounts deducted shall be deposited in the General Fund and the comptroller shall notify the house and senate committees on ways and means of any and all amounts so deducted; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided further, that 60 days prior to entering into any interdepartmental service agreements the comptroller shall notify the house and senate committees on ways and means; provided further, that said notification shall include, but not be limited to, a description of the project, the purpose and intent of the interdepartmental service agreement, a projection of the costs avoided in the current fiscal year, a copy of the contract with the private vendor including the proposed rate of compensation and any previous agreements related or similar to the new agreement with the above information; provided further, that payments to private vendors on account of such cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the purpose of this section; provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to the provisions of this section; and provided further, that the comptroller shall report on said projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws . $7,905,392
1000-0004 The office of the comptroller shall expend an amount not to exceed $25,000 from fees collected from vendors who participate in training on statewide financial systems including, but not limited to, the Massachusetts management accounting and reporting system; provided, that the office shall provide the training, offer sessions to vendors who do business with the commonwealth and establish and charge a reasonable fee for the training .......................................... $25,000
EXECUTIVE OFFICE FOR ADMINISTRATION
Office of the
Secretary.
1100-1100 For the office of the secretary and the administration of the fiscal affairs division; provided, that the secretary shall conduct an ongoing review of affirmative action steps taken by the various agencies, boards, departments, commissions or divisions to determine whether such agencies, boards, departments, commissions or divisions are complying with the commonwealth’s policies of non-discrimination and equal opportunity; provided further, that whenever non-compliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the Massachusetts commission against discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or non-compliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on commerce and labor on or before December 1, 2004; provided further, that not less than $250,000 shall be expended on the state office of minority and women business assistance to support monitoring and enforcement of minority business enterprise and women business enterprise activity on state assisted building projects; provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements; provided further, that notwithstanding any general or special law or regulation to the contrary, the secretary for administration and finance, in consultation with the state secretary, shall, not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage, except those records that receive federal reimbursement, for all state agencies within the jurisdiction of the governor in order to achieve cost savings including, but not limited to, those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel; and provided further, that the secretary, in consultation with the state secretary, shall report, not later than March 31, 2005, a plan to improve public records storage and office space efficiencies to the joint committee on state administration and to the house and senate committees on ways and means ... $3,297,608
Office of Dispute
Resolution.
1100-1103
For the operation of the office of dispute resolution; provided, that
said office may enter into an intergovernmental service agreement with the
University of Massachusetts at Boston; provided further, that said agreement may
transfer the functions of the office to the Boston campus; provided further,
that said agreement shall apply to line items 1100-1103, 1100-1104, 1100-1108
and 1100-1117; and provided further, that the office shall submit a report that
details the status of the transition of the office to the University of
Massachusetts at Boston to the house and senate committees on ways and means not
later than
1100-1104 The office of dispute resolution may expend an amount not to exceed $436,381 in revenues collected from fees charged to cities, towns or public instrumentalities and other political subdivisions of the commonwealth or to corporations and individuals for the costs of mediation and related services; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the office of dispute resolution may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the cost of personnel $436,381
Division of Capital Asset
Management and Maintenance.
1102-3205 The division may expend for the maintenance and operation of the Massachusetts information technology center an amount not to exceed $5,500,000 in revenues collected from rentals, commissions, fees, parking fees and any and all other sources pertaining to the operations of said center; and provided further, that notwithstanding any general or special law to the contrary, and for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system ............................................................................................................................................................. $5,500,000
1102-3206
For the costs associated with the maintenance and security of surplus
state properties; provided, that the division shall submit quarterly reports
that detail the hire date, salary, and job title of every employee at the
division and the amount associated with each bond authorization; provided
further, the division shall submit a report that details every employee at the
division including the hire date, salary, and job title for fiscal years 2002,
2003, 2004 and 2005 to the house and senate committees on ways and means on or
before
1102-3214 For the state transportation building; provided, that the division may expend revenues collected up to a maximum of $6,100,000 from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building for the maintenance and operation of said building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................................... $6,100,000
1102-3231 For the Springfield state office building; provided, that the division may expend revenues collected up to a maximum of $654,322 from rents charged to agencies occupying said building for the maintenance and operation of said building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system $654,322
1102-3232 For the division of capital asset maintenance and management; provided, that the division may expend an amount not to exceed $300,000 received from application fees charged in conjunction with the certification of contractors and subcontractors pursuant to section 44D of chapter 149 of the General Laws; and provided further, that only expenses, including staffing, incurred to implement and operate the certification program shall be funded from this item $300,000
1102-3233
For a reserve to commence the environmental remediation and any necessary
work related to said remediation at the property located in Norfolk,
Massachusetts formerly known as the Department of Public Health Pondville
Hospital as said property is identified in chapter 519 of the acts of 1980 so as
to ensure that any and all contamination and hazardous waste or material is
eliminated from said site as required by section 679 of chapter 26 of the acts
of 2003; provided, that the commissioner of the division of capital asset
management and maintenance shall submit a expenditure plan no later than
1102-3299 For additional renovations to the third floor of the Cohannet School building in the City of Taunton to ensure that the temporary court facility to be housed in said building will be adequate for the court's business and to ensure said facility will be in full compliance with public health and safety standards.......................................................................... $1,500,000
Bureau of State Office
Buildings.
1102-3301 For the operation of the bureau and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau ......................................................... $6,432,413
1102-3302 For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings ............................................................................................................................................................. $5,128,342
1102-3305 For the maintenance and joint operation of the state house under the jurisdiction of the state superintendent of buildings and the joint committee on rules of the house of representatives and the Senate; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for any and all materials and services required in the operation of the state house............................. $500,000
Office on
Disability.
1107-2400 For the office on disability ...................................................................................................................... $573,469
Disabled Persons Protection
Commission.
1107-2501 For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means not later than the last day of each quarter on the number of claims of abuse by caretakers made by employees or contracted service employees of the departments of mental retardation and mental health and the Massachusetts rehabilitation commission; provided further, that the report shall include: (i) the number of claims found to be substantiated; (ii) the number of claims found to be unsubstantiated; and (iii) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline are recorded, that all persons who call said hotline shall be immediately informed that all calls are recorded, and each such person shall be provided with the opportunity to elect that the call not be recorded ............................................................................... $1,704,742
Civil Service
Commission.
1108-1011 For the civil service commission; provided, that the General Fund shall be reimbursed for the appropriation herein through a fee charged on a per claim basis; provided further, that said commission shall develop and implement regulations to implement said reimbursement to the General Fund; and provided further, the civil service commission shall have the power to assess a fee upon the appointing authority when inappropriate action has occurred ......................................... $501,454
Group Insurance Commission.
1108-5100 For the administration of the group insurance commission; provided, that the commission shall generate the maximum amounts allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws............................................... $1,984,318
1108-5200 For the commonwealth's share of the group insurance premium and plan costs incurred in fiscal year 2005; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that prior year costs incurred by the state indemnity health insurance plan and the preferred provider organization shall be funded from this item; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for said prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than one year; provided further, that the amounts received in payment for such charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of said chapter 32A and for the purposes of section 14 of said chapter 32A, the commonwealth's share of the group insurance premium for state employees who have retired before July 1, 1994 shall be 90 per cent and the commonwealth's share of the group insurance premium for state employees who have retired on or after July 1, 1994 shall be 85 per cent; provided further, that the commonwealth's share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that notwithstanding section 8 of chapter 32A of the General Laws, the commonwealth's share of such premiums for active state employees and their dependents whose salary, as determined by the group insurance commission in consultation with the human resources division and the office of the state comptroller, is between $0 and $34,999 shall be 85 per cent of such premiums and rates; provided further, that the commonwealth's share of such premiums for active state employees and their dependents whose salary, as determined by the group insurance commission in consultation with the human resources division and the office of the state comptroller, is $35,000 and greater shall be 80 per cent of such premiums and rates; provided further, that the preceding provisions pursuant to employee contributions shall sunset June 30, 2005 at which time the commonwealth's share of such premiums for active state employees and their dependents shall be 85 per cent; provided further, that the commonwealth's share of such premiums for active state employees and their dependents who are hired after June 30, 2003 shall be 75 per cent of such premiums and rates; provided further, that notwithstanding any general or special law to the contrary, during fiscal year 2005, said commission shall continue to provide health insurance coverage for employees and members of the board of bar examiners, both full-time and part-time, that were employed by said board as of January 1, 2003 consistent with coverage provided to state employees pursuant to this item; provided further, that notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority's percentage share of premiums for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy or policies from one or more insurance companies, or nonprofit hospital, medical, dental or other service corporations, including health maintenance organizations, or by means of a self insurance plan or preferred provider arrangement plan, shall be determined by the authority, or where collective bargaining is authorized through the process of collective bargaining; provided further, that the percentage share of premiums for employees of the authority to whom a collective bargaining agreement is in force, shall be the percentage share which was paid during the month that such collective bargaining agreement first went into effect and shall continue until such time as that agreement expires; and provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth's projected share of group insurance premiums for the next fiscal year ........................................................................ $770,693,026
1108-5350 For elderly governmental retired employee premium payments .......................................................... $1,044,704
1108-5400 For the costs of the retired municipal teachers’ premiums and the audit of such premiums ............ $50,926,930
1108-5500 For the costs, notwithstanding chapter 32A of the General Laws to the contrary, of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivision, who are not otherwise provided those benefits pursuant to a separate appropriation or the terms of a contract or collective bargaining agreement; provided, that the employees shall pay 15 per cent of the monthly premium established by the commission for the benefits ............................................................................................................................................... $6,236,609
Division of Administrative Law
Appeals.
1110-1000
For the operation of the division of administrative law appeals
established by section 4H of chapter 7 of the General Laws; provided, that said
office shall maintain, to the fullest extent practicable, a complete physical
and technological separation from any agency, department, board, commission or
program whose decisions, determinations or actions may be appealed to it;
provided further, that every decision issued by a commissioner or other head of
agency, or designee, following the issuance of a recommended decision by an
administrative law judge of the division, shall be an agency decision subject to
judicial review pursuant to chapter 30A of the General Laws; provided further,
that not less than $404,226 shall be expended for the processing and
adjudication of department of environmental protection appeals by the
administrative law judges, chief administrative law judge, and docket clerk who,
on
George Fingold
Library.
1120-4005
For the administration of the library; provided, that said library shall
maintain regular hours of operation from
1150-5100
For the office of the commission, including the processing and resolution
of cases pending before the commission that were filed on or before
1150-5104 The Massachusetts commission against discrimination may expend revenues from federal reimbursements received for the purposes of the United States Department of Housing and Urban Development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2005 and federal reimbursements received for these and other programs in prior years; provided, that notwithstanding any general or special law to the contrary, the commission may also expend revenues generated through the collection of fees and costs so authorized; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $2,467,982 shall be credited to the General Fund .............................................................................................................. $2,467,982
1150-5116
The
Department of
Revenue.
1201-0100 For the operation of the department of revenue, including tax collection administration, audits of certain foreign corporations, and the division of local services; provided, that the department may allocate an amount not to exceed $250,000 to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department shall maintain regional offices in the cities of Hyannis, Springfield, Pittsfield, Fall River, and Worcester; provided further, that the department shall provide to the general court access to the municipal data bank; and provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; and provided further, that seasonal positions funded by this account may not be filled by incumbent for more than 10 months within a 12 month period ............................... $111,470,805
General Fund .............................................................................. 95.0%
Highway Fund .............................................................................. 5.0%
1201-0130 The department of revenue may expend an amount not to exceed $9,640,000 from revenues collected by auditors and for the costs of administering an enhanced audit program, for discovering and identifying persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth, for the costs of obtaining those delinquent returns and collecting those delinquent taxes for a prior fiscal year; provided, that the commissioner may expend funds from this item to support the operational costs of the department funded from item 1201-0100; provided further, that the department of revenue shall conduct an investigation pursuant to the recommendations made by the office of the inspector general in a report dated January 23, 2004 to determine whether any tax credits previously authorized under section 38N of chapter 63 of the General Laws should be recaptured by the commonwealth; provided further, that the department shall file a report with the house and senate committees on ways and means no later than September 1, 2004 on the findings of said investigation; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; provided further, that the commissioner of revenue shall study the potential impacts of the disclosure by the commissioner of a list of all taxpayers, including but not limited to individuals, trusts, partnerships, corporations, 121A corporations and other taxable entities, that are delinquent in the payment of their tax liabilities in an amount greater than $25,000 for a period of six months from the time the taxes were assessed; provided further, that the commissioner shall at least annually publish a list of all taxpayers who are delinquent in the payment of any tax liability and shall publish said list on the department’s website, with a link to said list clearly situated on the website, and at the same time, may also publish the list in any print media and electronic media of the commissioner’s choosing; provided however, that the commissioner shall not publish or post on any list of delinquent taxpayers the name of any taxpayer or person who is accused of being delinquent in the payment of any tax liability until said taxpayer or person has exhausted all appellate action including, but not limited to, appeals before the appellate tax board, any division of the trial court, the commissioner of revenue, any municipality, any other tax collecting authority in the commonwealth or any other possible avenue of appeal; provided further, that said list shall include, at a minimum, information indicating whether the taxpayer is an individual, the name of the taxpayer, if the taxpayer is a business entity; provided further, that the list shall include also the address of the taxpayer, the type of tax for which the taxpayer is delinquent, the year the tax was assessed, and the amount of total tax liability outstanding, including penalties and interest; provided further, that the commissioner shall make the list available for public inspection at the department upon request during the regular business hours; provided further, that the commissioner shall provide the registrar of motor vehicles and the assessors in each city and town with a list of the names and addresses of taxpayers who filed resident income tax returns; provided further, that the purposes of the lists are to identify residents who may have improperly registered their motor vehicles and failed to pay motor vehicle registration fees, state sales and use taxes and local motor vehicle excises; and provided further, that the commissioner shall direct the assessors to provide to all real property owners a notice inserted with each tax bill describing section 3 of chapter 90 of the General Laws .................................................................................... $9,640,000
1201-0160
For the child support enforcement unit; provided, that the department may
allocate funds appropriated herein to the department of state police, the
district courts, the probate and family courts, the district attorneys and other
state agencies for the performance of certain child support enforcement
activities, and that such agencies are hereby authorized to expend said funds
for the purposes of this item; provided further, that all such allocations shall
be reported quarterly to the house and senate committees on ways and means upon
the allocation of said funds; provided further, that the federal receipts
associated with the child support computer network shall be drawn down at the
highest possible rate of reimbursement and deposited into a revolving account to
be expended for said network; provided further, that federal receipts associated
with child support enforcement grants shall be deposited into a revolving
account to be drawn down at the highest possible rate of reimbursement and to be
expended for the grant authority, so-called; provided further, that the
department shall file quarterly reports with the house and senate committees on
ways and means, detailing the balance, year-to-date and projected receipts and
year-to-date and projected expenditures, by subsidiary, of the child support
trust fund established pursuant to section 9 of chapter 119A of the General
Laws; and provided further, that the department shall file a performance report
with the house and senate committees on ways and means on or before
1201-0164 For the child support enforcement division; provided, that said division may expend revenues in an amount not to exceed $6,547,280 from the federal reimbursements awarded for personnel and lower subsidiary related expenditures ............................................................................................................................................................. $6,547,280
1231-1000 For the Commonwealth Sewer Rate Relief Fund established in section 2Z of chapter 29 of the General Laws $10,000,000
1231-1020 For a program of loans, loan purchases or loan guarantees or interest subsidies to assist homeowners, homeowner associations or condominium associations in complying with revised state environmental code for subsurface disposal of sanitary waste, Title V, so called; provided, that the program shall be in addition to the loan program established pursuant to item 2200-9959 in section 2 of chapter 85 of the acts of 1994; provided further, that the department may contract with third parties, including, but not limited to, commonwealth-based financial institutions to manage said program; provided further, that the department and the third parties shall take all steps necessary to minimize the program’s administrative costs; provided further, that the loans, loan purchases or loan guarantees shall be available on the basis of a sliding scale that relates a homeowner’s income and assets to the cost of Title V compliance; provided further, that interest subsidies shall be means-tested and may be for zero-interest loans pursuant to income standards developed by the department; and provided further, that the department of revenue shall consult with the department of environmental protection in developing rules, regulations and guidelines for said program, prior appropriation continued.
1232-0100 For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws; prior appropriation continued ....................................................... $9,200,000
1232-0200
For the Underground Storage Tank Petroleum Cleanup Fund Administrative
Review Board pursuant to chapter 21J of the General Laws and for the
administration of the underground storage tank program associated with the
implementation of chapter 21J of the General Laws; provided, that
notwithstanding section 4 of chapter 21J or any other general or special law to
the contrary, appropriations made in this item shall be sufficient to cover said
administrative expenses of the underground storage tank program; provided
further, that the board shall submit to the house and senate committees on ways
and means a report on the status of the underground storage program, including,
but not limited to, the number of municipal grants made for the removal and
replacement of underground storage tanks and the reimbursements for remediated
petroleum spills; provided further, that the report shall detail how many tanks
are out of compliance with chapter 21J; and provided further, that the report
shall be submitted not later than
1232-0300 For underground storage tank municipal grants to remove and replace the tanks pursuant to section 2 of chapter 21J of the General Laws and section 37A of chapter 148 of the General Laws .................................................. $489,901
1233-2000 For reimbursing cities and towns for taxes abated pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second E and Thirty-seventh of section 5 of chapter 59 of the General Laws ............................................................................................................................................................. $8,400,000
1233-2010 For reimbursing cities and towns for tax abatements granted to certain homeowners over the age of 65 pursuant to clause Fifty-second of section 5 of chapter 59 of the General Laws .................................................................. $9,655
1233-2310 For reimbursing cities and towns for taxes abated pursuant to the clauses Forty-first, Forty-first B and Forty-first C of section 5 of chapter 59 of the General Laws; provided, that the commonwealth shall reimburse each city or town that accepts said clause Forty-first B or clause Forty-first C for additional costs incurred in determining eligibility of applicants under those clauses in an amount not to exceed $2 per exemption granted ..................................... $9,890,345
Appellate Tax
Board.
1310-1000
For the operation of the appellate tax board; provided, that the board
shall schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton,
Pittsfield, Springfield, Worcester and southeastern Massachusetts; and provided
further, that the board shall report to the house and senate committees on ways
and means no later than
1310-1001 The appellate tax board may expend revenues up to a maximum of $300,000 from fees collected; provided, that in order to accommodate discrepancies between the receipt of retained revenues and related expenditures, the board may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .................................................. $300,000
Department of Veterans
Services.
0610-0093 For the purposes of allowing the department of veterans' services to make bonus payments to Persian Gulf war veterans; provided, that all such payments shall be consistent with the purposes of the trust instrument for "A Hero's Welcome Trust Fund" ........................................................................................................................................................ $23,000
A Hero's Welcome Trust Fund .................................................. 100.0%
1410-0010 For the operation of the office of veterans’ services; provided, that the office may fund a housing specialist from this item; provided further, that not less than $10,000 shall be expended for the Korean War Veterans committee of Massachusetts for the purpose of maintaining the Massachusetts Korean War Memorial located in the shipyard park of the Charlestown Navy Yard; provided further, that not less than $10,000 shall be expended for the purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in the Green Hill Park in Worcester; and provided further, that the department may expend funds for the Glory 54th Brigade ........................................................................................................ $1,652,348
1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that said centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that not less than $228,771 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of Boston; provided further, that not less than $82,757 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not less than $106,102 shall be obligated for a contract with the North Shore Veterans Counseling Center in the city of Beverly; provided further, that not less than $84,879 shall be obligated for a contract with the Veterans Association of Bristol county in the city of Fall River; provided further, that not less than $100,000 shall be obligated for a contract with NamVets of the Cape and Islands in the town of Hyannis; provided further, that not less than $84,879 shall be obligated for a contract with the Outreach Center, Inc., in the city of Pittsfield; provided further, that not less than $292,480 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, that not less than $84,453 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham; provided further, that not less than $15,000 be expended for the oral history project at the Morse Institute Library in Natick; provided further, that not less than $50,000 shall be expended for Veteran's Services to be administered by the Falmouth Veterans Agent through the Falmouth Free Clinic and Community Center; and provided further, that not less than $134,879 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield ............................................ $1,264,200
1410-0015 For the women veterans’ outreach program ........................................................................................... $40,281
1410-0018 The department may expend for the maintenance and operation of Agawam and Winchendon veterans’ cemeteries an amount not to exceed $300,000 from revenue collected from fees, grants, gifts or other contributions to the cemeteries ................................................................................................................................................................ $300,000
1410-0100 For the revenue maximization project of the executive office of elder affairs to identify individuals eligible for veterans' pensions who are currently receiving home health care services ......................................................... $98,000
1410-0250 For homelessness services; provided, that not less than $453,966 shall be obligated for a contract with the central Massachusetts shelter for homeless veterans located in the city of Worcester; provided further, that not less than $352,395 shall be obligated for a contract with the southeastern Massachusetts veterans housing program, Inc. located in the city of New Bedford; provided further, that $100,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Dorchester; provided further, that not less than $199,405 shall be obligated for a contract with Unity House located in the city of Gardner; provided further, that not less than $75,000 shall be obligated for a contract with the Transition House located in the city of Springfield; provided further, that not less than $51,975 shall be expended for a contract with the Springfield bilingual veterans outreach center for the operation and maintenance of a transitional housing unit at the YMCA of Springfield; provided further, that not less than $44,888 shall be obligated for a contract with the Mansion located in the city of Haverhill; provided further, that not less than $28,350 shall be obligated for a contract with the Homestead located in the town of Hyannis; provided further, that not less than $120,000 shall be obligated for contracts with the veterans hospice homestead in the city of Leominster and the veterans hospice in the town of Fitchburg; provided further, that not less than $22,500 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $73,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Roxbury; provided further, that not less than $200,000 shall be obligated for a contract with the United Veterans of America shelter located in the town of Leeds; and provided further, that not less than $90,000 shall be obligated for a contract with Habitat P.L.U.S. in the city of Lynn ................................................................................................................................... $1,812,179
1410-0251 For homelessness services, including the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Shelter for Homeless Veterans located in the city of Boston ............. $2,093,735
1410-0300 For the payment of annuities to certain disabled veterans and the parents and unremarried spouses of certain deceased veterans; provided, that such payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall take reasonable steps to terminate payments upon the death of a recipient; provided further, that the department shall prorate annuity payments to ensure that the total payments in fiscal year 2005 shall not exceed the amount appropriated herein; provided further, that the commissioner of veterans’ services shall file with the house and senate committees on ways and means a report detailing the number of applications received for annuities offered under this program at the end of each fiscal quarter; provided further, that the secretary of veterans’ services may transfer up to 5 per cent of the amount appropriated herein between this item and item 1410-0400; and provided further, that 30 days before any such transfer is made, the secretary of veterans’ services shall file with the secretary for administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer ............................................................................................................................. $11,362,800
1410-0400 For reimbursing cities and towns for money paid for veterans’ benefits and for payments to certain veterans; provided, that the reimbursements shall be made pursuant to section 6 of chapter 115 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amounts of veterans’ benefits paid by cities and towns to residents of a soldiers’ home shall be paid by the commonwealth to the several cities and towns; provided further, that pursuant to section 9 of the chapter 115, the department shall reimburse cities and towns for the cost of United States flags placed on the graves of veterans on Memorial Day; provided further, that notwithstanding any general or special law to the contrary, the secretary of veteran services may continue a training program for veterans’ agents and directors of veterans’ services in cities and towns; provided further, that the purpose of such training program shall be to maximize federal assistance available for veterans and to assure that such agents and directors receive uniform instruction on providing veterans and dependents with advice relative to procurement of state, federal and local benefits to which they are entitled, including employment, education, health care, retirement and other veterans’ benefits; provided further, that the subject matter of such training program shall include benefits available under the chapter 115 and alternative resources, including those which are partially or wholly subsidized by the federal government, such as medicaid, Supplemental Security Income and Social Security Disability benefits, as well as federal pension and compensation entitlements; provided further, that the secretary shall promulgate regulations for the training program; provided further, that upon successful participation by such veterans’ agents or directors of veterans’ services in such training program, the costs of such training program incurred by the several cities and towns shall be reimbursed by the commonwealth on or before November 10 following the fiscal year in which such costs were paid; provided further, that any person applying for veterans’ benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical assistance under chapter 118E to minimize cost of the commonwealth and its municipalities; provided further, that veterans’ agents shall complete applications authorized by the division of medical assistance under chapter 118E for any veteran, widow and dependent applying for medical assistance under chapter 115; provided further, that the veterans’ agent shall file the application for the veteran or dependent for assistance under the chapter 118E; provided further, that the division of medical assistance shall act on all chapter 118E applications and advise the applicant and the veterans’ agent of the applicant’s eligibility for chapter 118E healthcare; provided further, that the veterans’ agent shall advise the applicant of the right to assistance for medical benefits under chapter 115 pending approval of the application for assistance under chapter 118E by the division of medical assistance; provided further, that the commissioner may supplement healthcare pursuant to the chapter 118E with healthcare coverage under the chapter 115 if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support; provided further, that payments to or on behalf of a veteran or dependent pursuant to chapter 115 shall not be considered income for the purposes of determining eligibility under chapter 118E; provided further, that benefits awarded pursuant to section 6B of chapter 115 shall be considered countable income; provided further, that the secretary of veterans’ services may transfer up to 5 per cent of the amount appropriated herein between this item and item 1410-0300; and provided further, that 30 days before any such transfer is made, the secretary of veterans’ services shall file with the secretary for administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer......................... $11,282,800
1410-0630
For the administration of the veterans’ cemeteries in the towns of
Reserves.
1599-0035 For certain debt service contract assistance to the Massachusetts Convention Center Authority in accordance with section 39 of chapter 190 of the acts of 1982; provided, that the assistance shall be expended notwithstanding section 35J of chapter 10 of the General Laws ...................................................................................................... $16,302,000
1599-0042 For a reserve to improve the quality of the commonwealth’s child care system by enabling child care providers to better attract and retain quality staff; provided, that payments from this reserve shall be distributed by the office of child care services to increase reimbursement rates for subsidized child care; provided further, that the increases shall be directed to expenditures for salaries, benefits, and stipends for professional development of child care workers; and provided further, that such increases may be allocated to adjust rates of reimbursement paid to each provider by the same percentage across the common wealth.............................................................................................................................. $5,000,000
1599-0049 For contract assistance payments to the Foxborough Industrial Development Finance Authority in accordance with section 8 of chapter 16 of the acts of 1999 ....................................................................................................... $5,336,488
1599-0050 For Route 3 North contract assistance payments ............................................................................ $26,755,107
1599-0093 For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with sections 6 and 6A of chapter 29C of the General Laws ................................................................. $55,176,893
1599-1970 For a reserve for the Massachusetts turnpike authority for costs incurred in fiscal year 2004 for the operation and maintenance of the central artery/tunnel project pursuant to chapter 235 of the acts of 1998 ....... $25,000,000
1599-1971 For the cost of hired and leased equipment, vehicle repair, and sand, salt, and other control chemicals used for snow and ice control; provided, that the secretary for administration and finance shall submit to the house and senate committees on post audit and oversight, the house and senate committees on transportation and the house and senate committees on ways and means a report on snow and ice control efforts no later than September 1, 2004 which shall include, but not be limited to, the following: (a) a list of amounts paid to each vendor from state appropriations for snow and ice control efforts for fiscal years 1998, 1999, 2000, 2001, 2002, 2003 and 2004; (b) a comparison of the average snowfall by county as reported by the national weather service and the amount of state snow and ice control effort funds appropriated by county for fiscal years 1998, 1999, 2000, 2001, 2002, 2003 and 2004; (c) a detailed account of the administrative oversight exercised by either the secretary for administration and finance, the secretary of transportation or the department of highways for snow and ice control efforts, including an explanation of measures taken to verify services provided, audit vendor payment vouchers, or any other measures taken to ensure accountability relative to the expenditure of the state funds for snow and ice control efforts; (d) a comparison delineated by county of the commonwealth of the amounts expended on snow and ice control efforts to the daily snowfall amounts as reported by the national weather service; (e) information on the transponder program that was implemented during fiscal year 2004, including, but not limited to, the number and cost of transponders leased or purchased, costs associated with maintenance and warranties for said transponders, the useful life of said transponders, the number of incidents when transponders failed or malfunctioned, the number of transponders that were damaged, estimated costs of continuing said program, the compliance rate of vendors using transponders, the number of transponders that were damaged or broken, the number of appeals by contractors for transponders that may have failed or malfunctioned, a list of any contractors that were accused of, charged with or prosecuted for fraudulent snow and ice removal claims; and (f) any other information that said secretary determines is necessary to account for and explain the extraordinary expenditure of state appropriations for the control and removal of snow and ice; provided further that the study indicates how many salt storage facilities in the Commonwealth are in conformance with M.G.L. c. 85, sec. 7A and how many are not; and provided further, that no funds shall be expended or allocated from this item of appropriation until said secretary, the commissioner of highways and any other officer of the commonwealth involved in snow and ice control efforts has submitted all documentation, testimony, data and other information as required by the provisions of this appropriation and said report has been filed with said committees in the exact manner as stipulated herein $35,000,000
1599-3234
For the commonwealth’s south
1599-3384
For a reserve for the payment of certain court judgments, settlements and
legal fees, in accordance with regulations promulgated by the comptroller, which
were ordered to be paid in fiscal year 2004 or a prior fiscal year; provided,
that the comptroller shall report quarterly to the house and senate committees
on ways and means on the amounts expended from this item; provided further, that
no amount appropriated in this item shall fund attorneys' fees for Boulet, et al
v. Cellucci, et al, civil action No.
99-CV-10617-
1599-3837
For the payment to the water pollution abatement trust to fund financial
assistance to municipalities and other eligible borrowers to meet debt service
obligations incurred by the municipalities and other eligible borrowers after
1599-3838 For a reserve for payment to the water pollution abatement trust to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, after the promulgation date of the department’s regulations related to the implementation of the federal Safe Drinking Water Act ............................................................................................................................................................. $9,118,270
1599-3856
For rent and associated costs at the
1599-3857
For capital lease payments from the
1599-4121
For a reserve for the payment of a portion of the salary adjustments and
other economic items provided for in various collective bargaining agreements
negotiated between the board of trustees of the University of Massachusetts and:
the USA/
1599-4122
For a reserve for the payment of a portion of the salary adjustments and
other economic items provided for in various collective bargaining agreements
negotiated between the board of higher education and: the Association of
Professional Administrators; and the American Federation of State, County and
Municipal Employees, Council 93, Local 1067,
1599-6901 For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this appropriation; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the operational services division shall condition the expenditure of the reserve upon assurances that the funds shall be used solely for the purposes of adjustments to wages, compensation or salary; provided further, that not later than February 15, 2005, the division shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving such adjustment in fiscal year 2005 and the average percentage adjustment funded by this reserve; provided further, that the report shall also include, for each contract scheduled to receive any allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for child care services or programs for which payment rates are negotiated and paid as class rates as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that the total fiscal year 2005 cost of salary adjustments and any other associated employee costs authorized thereunder shall not exceed $20,000,000; provided further, that $10,000,000 shall be expended in fiscal year 2005 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $25,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided further, that $10,000,000 shall be expended in fiscal year 2005 to adjust the wages, compensation or salary and associated employee-related costs to personnel earning more than $25,001 and less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided further, that the annualized cost of the adjustments in fiscal year 2006 shall not exceed the amount appropriated herein; and provided further, that the raises provided through this item shall be in addition to any already agreed to or collectively bargained for pay increases...................................................................... $20,000,000
1599-7092 For a reserve for the county correctional programs; provided, that notwithstanding any general or special laws to the contrary, the sheriffs, in conjunction with the county government finance review board, shall maintain and continue to collaborate with the comptroller’s office to collect and report all revenue collection and all spending on the Massachusetts Management Accounting and Reporting System; provided further, that the comptroller shall not transfer the funds from this item to item 8910-0000 unless the plan is in place; provided further, that the county government finance review board shall, by January 1, 2005, have developed a plan for the spending of all funds for fiscal year 2005, and developed a sound fiscal spending plan for fiscal year 2006; provided further, that the board shall build the spending plans with the direct input of the seven sheriffs still functioning under the county government system; provided further, that by January 15, 2005 the board shall report all spending plans to the house and senate committees on ways and means; provided further, that the information shall satisfy all fiscal requirements for a maintenance level of funding, including, but not limited to, collective bargaining increases, legal fees, debt services, one time costs, energy costs, equipment leases, medical costs, and workers’ compensation issues; provided further, that no other spending information or requests shall be submitted to the house and senate committees on ways and means by the individual sheriffs until February 15, 2005; provided further, that the board shall also provide a projection of all county funds to be collected for fiscal year 2005 and 2006; provided further, that the board shall release all funds from fiscal year 2005 quarterly; provided further, that any sheriff that spends more than the quarterly approved budget shall have the money allocated for the following quarter reduced by the excess amount overspent in the previous quarter; and provided further, that it is the intent of the General Court that funds shall not be spent from this item nor any funds be transferred from this item to another item until all of aforementioned restrictions and conditions have been satisfied ................................................................................................................................... $39,319,632
1599-7104 For a reserve for the facilities costs associated with the college of visual and performing arts at the University of Massachusetts at Dartmouth; provided, that funds may be expended for Bristol community college $2,565,093
Division of Human Resources.
1750-0100 For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth's human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the commissioner of administration shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that no funds shall be obligated for purposes of executive search programs except any executive search program which may be conducted pursuant to Executive Order 227 adopted on February 25, 1983; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards and reviewing appeals for reclassification; provided further, that upon certification of any open competitive list for a public safety position in a city or town, the personnel administrator shall cause to be published in a newspaper of general circulation in a city or town, public notice that such eligible list has been certified along with the notice of the last date to respond to the notice of circulation; provided further, that the secretary for administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees' unions; provided further, that the nature and scope of economic proposals contained in such agreements shall include all fixed percentage or dollar based salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that any employee of the commonwealth who chooses to participate in a bone marrow donor program or an organ donor transplant program shall be granted a leave of absence with pay to undergo the medical procedure and for associated physical recovery time, but this leave shall not exceed 5 days ...................................... $3,825,000
1750-0102 The human resources division may expend revenues up to a maximum of $1,327,500 from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions, and the general public fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil examination, notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system .............................................................................................................................. $1,327,500
1750-0111 For the planning and implementation of a civil service continuous testing program and the operation of the bypass appeals process program; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the number of tests administered and the amount of revenue collected through said program $102,437
1750-0119 For payment of workers' compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify said former employees pursuant to current workers' compensation procedures ................................................................................................................................................................ $233,350
1750-0201
The division may expend an amount not to exceed $163,115 for
implementation of the medical and physical fitness standards program established
pursuant to sections 61A and 61B of chapter 31 and chapter 32 of the General
Laws; provided, that the personnel administrator shall charge a fee of not less
than $50 to be collected from each applicant who participates in the physical
ability test; provided further, that the human resources division shall submit a
semi-annual report to the house and senate committees on ways and means
detailing all expenditures on said program including, but not limited to, the
costs of personnel, consultants, administration of the wellness program,
establishment of standards and any other related costs of said program; and
provided further, that said division shall report to the house and senate
committees on ways and means by
1750-0300 For the commonwealth’s contributions in fiscal year 2005 to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that the contributions shall be calculated as provided in the applicable collective bargaining agreement and shall be paid to such health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides ................................................................. $20,284,800
Operational Services
Division.
1775-0100 For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to provisions included in this act ........................................................... $1,300,000
1775-0110 The operational services division may expend for the costs associated with the Comm-PASS computer system an amount not to exceed $20,000 from revenues collected from the use of Comm-PASS by government entities other than state agencies and the sale of advertising space on Comm-PASS ................................................................................. $20,000
1775-0124 The operational services division may expend an amount not to exceed $300,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division’s audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; provided that, the division may only retain revenues collected in excess of $207,350 ................................................................................................................................................................ $300,000
1775-0600 The operational services division may expend revenues collected up to a maximum of $100,000 from the sale of state surplus personal property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel ........................................................................... $100,000
1775-0700 The operational services division may expend revenues collected up to a maximum of $53,000 in addition to the amount authorized in item 1775-1000 of section 2B, for printing, photocopying, related graphic art or design work and other reprographic goods and services provided to the general public, including all necessary incidental expenses $53,000
1775-0900 The operational services division may expend revenues in an amount not to exceed $55,000 collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter 7 of the General Laws, including the costs of personnel, from the sale of federal surplus property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .................................................................................................................... $55,000
1775-1100 The operational services division may expend revenues in an amount not to exceed $250,000 collected from the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel ............................................................................................................................................... $250,000
Information Technology
Division.
1790-0100 For the operation of the information technology division; provided, that the division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall develop a formula to determine the cost that will be charged to each agency for its use of the human resources and compensation management system; provided further, that the division may coordinate with any state agency or state authority which administers a grant program to develop a statewide grant information page on the commonwealth's official worldwide web site, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May 16, 2005 with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2005; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000 including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for such project or purchase; and provided further, that the chief information officer may establish such rules and procedures as he deems necessary to implement this item $5,200,000
1790-0300 The information technology division may expend up to a maximum of $447,404 in revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment ................................. $447,404
Executive Office of Environmental Affairs
Office of the Secretary.
2000-0100 For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control chapter program, and a central data processing center for the secretariat; provided, that the secretary of environmental affairs may enter into interagency agreements with any line agency within the secretariat, whereby the line agency may render data processing services to said secretary; provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that said secretary shall file a plan with the house and senate committees on ways and means 20 days before entering into any interdepartmental service agreements with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that funds may be expended for volunteer water monitoring grants; provided further, that $100,000 shall be expended for a coastal shore water testing program administered by the Coalition for Buzzards Bay; provided further, that funds may be expended on the watershed initiative; and provided further, that the secretary, in conjunction with the commissioner of the department of capital asset management and maintenance, shall submit a building condition assessment report to the house and senate committees on ways and means by December 6, 2004 detailing a plan to repair the building on 20 Somerset Street that houses the department of conservation and recreation; provided further, that said report shall include, but not be limited to, the following: (1) a list of structural deficiencies, (2) a list of heating, ventilation, and air-conditioning system deficiencies, (3) a list of projects that are required to update said building to comply with current standards including any sprinkler, American with disabilities act improvements or other such improvements, (4) an environmental assessment done in conjunction with the department of public health to identify any environmental hazards including asbestos and lead hazards, (5) total project costs and cost estimates delineated by specific repair, (6) an estimate of the time to complete said repairs, (7) a plan on how to minimize staff disruption by examining the possibility of repairing portions of the building while staff inhabit other portions, (8) a plan to minimize the cost of leased space if staff have to move to privately owned or operated buildings............................................... $7,575,647
2000-9900 For the office of geographic and environmental information established pursuant to section 4B of chapter 21A of the General Laws ...................................................................................................................................................... $278,791
2000-9912 The executive office of environmental affairs may expend an amount not to exceed $400,000 from additional fees paid on the registration of watercrafts as described in this act, for milfoil, fanwort, and other exotic plants prevention grant program ................................................................................................................................................................ $400,000
2001-1001 The secretary of environmental affairs may expend an amount not to exceed $125,000 accrued from fees charged to authorities and units of government within the commonwealth, other than state agencies, for the distribution of digital cartographic and other data, and the review of environmental notification forms pursuant to sections 61 to 62H, inclusive, of chapter 30 of the General Laws, for the purposes of providing those services.................................. $125,000
2010-0100
For recycling and related purposes consistent with the recycling plan of
the solid waste master plan which includes municipal equipment, a municipal
recycling incentive program, recycled product procurement, guaranteed annual
tonnage assistance, recycling transfer stations, source reduction and technical
assistance, consumer education and participation campaign, municipal household
hazardous waste program, the recycling loan program, research and development,
recycling market development and recycling business development, and the
operation of the Springfield materials recycling facility; provided, that the
department shall be prohibited from increasing the number of full-time employees
paid from this item above the number assigned to this item on
2010-0200
For redemption centers; provided, that the department of environmental
protection shall expend the funds appropriated herein for a program to preserve
the continuing ability of redemption centers to maintain operations in pursuit
of the commonwealth's recycling goals consistent with section 323 of chapter 94
of the General Laws; provided further, that for the purposes of this item and
said chapter 94, a redemption center shall be any business registered with the
commonwealth whose primary purpose is the redemption of reusable beverage
containers; provided further, that such program shall take into consideration
the volume of redeemables per redemption center, the length of time such center
has been in operation, the number of returnables redeemed quarterly by such
centers, the submission by such centers of documentation of their redeemed
returnables to the department and the costs of transportation, packing, storage
and labor; and provided further, that said redemption centers shall be eligible
for such funds if they were registered with the commonwealth as of
2020-0100 For toxics use reduction technical assistance and technology, in accordance with chapter 21I of the General Laws ............................................................................................................................................................. $1,299,323
2030-1000 For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004 ............................................................................................................... $9,702,003
2030-1004 For environmental police private details; provided, that the office may expend revenues of up to $250,000 collected from fees charged for private details ..................................................................................................................... $250,000
Department of Environmental
Protection.
2200-0100 For the operation of the department of environmental protection, including the environmental strike force, the office of environmental results and strategic planning, the bureau of resource protection, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research, notwithstanding the provisions of section 323F of chapter 94 of the General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws; provided further, that enactment of the appropriations made available by this act to the department shall be deemed a determination, pursuant to subsection (m) of section 19 of chapter 21A of the General Laws; provided further, that $168,000 shall be expended for sediment control in Lake Webster; provided further, that funds may be expended for a water resource identification project in the town of Carver; provided further, that $350,000 shall be expended for coastal pollution remediation for storm water discharge to improve the water quality of Buzzards Bay in the town of Dartmouth; and provided further, that funds may be expended for the purpose of conducting a Comprehensive Site Assessment of South Meadow Pond and the presence of leachate from the former Clinton Landfill site..................................................................................... $28,373,935
2200-0102
The department of environmental protection may expend an amount not to
exceed $1,200,000 from revenues collected from fees collected from wetland
permits; provided, that notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment the amounts not to exceed the lower
of this authorization or the most recent revenue estimate as reported in the
state accounting system; provided further, that the department shall submit a
report by
2210-0100
For the implementation and administration of chapter 21I of the General
Laws; provided, that the department shall submit a report to the house and
senate committees on ways and means on or before
2220-2220 For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto related state implementation program, the low emission vehicle program, the non-auto related state implementation program, and the commonwealth's commitments under the New England Governor's/Eastern Canadian Premier's Action Plans for reducing acid rain deposition and mercury emissions ................................ $899,814
2220-2221 For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act ................................................................................................................................................. $1,877,420
2250-2000 For the purposes of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws ..................................................................................................................................... $1,506,194
2260-8870
For the expenses of the hazardous waste cleanup and underground storage
tank programs, notwithstanding section 323F of chapter 94 of the General Laws
and section 4 of chapter 21J of the General Laws; provided, that the department
of environmental protection shall be obligated to test and remediate solid waste
contamination at the Rivers Edge development in Methuen; provided further, that
the department shall submit a report to the house and senate committees on ways
and means on or before
2260-8872 For the brownfields site audit program ............................................................................................... $1,741,362
2260-8881 For the operations of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws .................................................................................................... $334,308
Department of Fish and Game.
2300-0100 For the office of the commissioner; provided, that the commissioners office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the riverways programs, and all other programs under the control of the department of fish and game; provided further, that the purpose of said assessments shall be to cover appropriate administrative costs of the department, including but not limited to payroll, personnel, legal and budgetary costs; and provided further, that said amount and contribution from each division or program shall be determined by the commissioner of fish and game .................................................................................................. $450,001
2300-0101 For a program of riverways protection, restoration and promotion of public access to rivers, including grants to public and non-public entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws ................................................................................................................................................................ $401,147
2310-0200 For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth's share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds from this item shall be made available to the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2004 for such research; provided further, that funds may be expended to supplement the natural heritage and endangered species program; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns of Montague and Sandwich; provided further, that the department shall expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended; and provided further, that $25,000 shall be expended for a matching grant to repair a culvert on brook hollow road on the mill river in the town of Hatfield, in cooperation with the United States fisheries and wildlife service, to improve stream flow and promote the migration of anadromous fish .................. $7,307,279
Inland Fisheries and Game Fund .............................................. 100.0%
2310-0316 For the purpose of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to section 2A and 2C of chapter 131 of the General Laws; provided, that funds shall not be expended from this item in the AA subsidiary for the compensation of state employees assigned to any item............................................................................................................................ $1,500,000
Inland Fisheries and Game Fund............................................... 100.0%
2310-0317 For the waterfowl management program pursuant to section 11 of chapter 131 of the General Laws $100,000
Inland Fisheries and Game Fund ............................................. 100.0%
2320-0100 For the administration of the public access board, including the maintenance, operation, and improvements of public access land and water areas as authorized by section 17A of chapter 21 of the General Laws; provided, that $350,000 shall be expended for the design, construction and repair of the Kernwood Marina parking lot, drainage system and boat ramp; provided further, that $50,000 shall be expended for the repair of the state boat ramp on Apponagansett Bay in the town of Dartmouth; provided further, that $75,000 shall be expended for a floating dock system at the Plymouth State Boat Ramp; provided further, that trash dumpsters shall be prohibited in all public landings situated in residential areas; provided further, that the division of fisheries and wildlife shall post signs in said areas prohibiting littering; provided further, that said signs shall require users of said public landings to carry off all personal belongings and trash; and provided further, that positions funded herein shall not be subject to the provisions of chapter 31 of the General Laws .................... $945,092
2330-0100 For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program including coastal area classification, mapping and technical assistance, and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that $300,000 shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that not less than $333,000 shall be expended for the operation of the Newburyport shellfish purification plant and that plant shall generate not less than $115,000 from purification fees; provided further, that not less than $45,000 shall be expended for shellfish propagation on the islands of Martha’s Vineyard and Nantucket to be administered by the state aquaculture coordinator and Dukes and Nantucket counties; provided further, that not less than $90,000 shall be expended for the joint operation of a shellfish propagation program on Cape Cod between the division and Barnstable County Department of Health and Environment; provided further, that $50,000 shall be expended for the National Marine Life Center in the town of Bourne; provided further, that the sum expended for the School for Marine Science and Technology to help mitigate the negative economic impact to the Massachusetts ports which has resulted from the change in federal fisheries regulations in fiscal year 2005 shall not be reduced from fiscal year 2004 except in proportion to adjustments consistent with the deparment’s budget adjustment; and provided further, that funds shall be expended for the Center for Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations shall not be reduced from fiscal year 2004 except in proportion to adjustments consistent with the department’s budget adjustment................................................................................................................................ $3,930,804
2330-0120 For the division of marine fisheries for a program of enhancement and development of marine recreational fishing and related programs and activities, including the cost of equipment maintenance, staff and the maintenance and updating of data ................................................................................................................................................................ $530,836
2330-0121 For the division of marine fisheries to utilize reimbursable federal sportfish restoration funds to further develop marine recreational fishing and related programs, including the costs of activities that increase public access for marine recreational fishing, support research on artificial reefs, and otherwise provide for the development of marine recreational fishing; provided, that the division of marine fisheries may expend revenues up to $167,898 collected from federal sportfish restoration funds and from the sale of materials which promote marine recreational fishing .............. $167,898
2350-0101 For the hunter safety training program .................................................................................................. $450,000
Inland Fisheries and Game Fund............................................... 100.0%
Department of Agricultural
Resources.
2511-0100 For the operation of the department of agricultural resources, including the office of the commissioner, the expenses of the board of agriculture, the division of dairy services, the division of regulatory services and animal health, including a program of laboratory services at the University of Massachusetts at Amherst, the expenses of the pesticides board, the division of agricultural development and fairs; provided, that notwithstanding any general or special law or regulation to the contrary, any regulation promulgated or enforced by said department that, if finally enforced with regard to a person or entity violating said regulation, would cause the closure of a business or the loss of a license issued by said department and ultimately result in job loss to such persons or entities shall be reviewed by the division of administrative law appeals in an expedited fashion prior to final enforcement of said regulation unless said closure and/or license revocation is designated as a public health emergency by the commissioner of said department; provided further, that said person or entity shall be entitled to present to said division, at the time of said review, information summarizing the economic impact that would result from final enforcement as it relates to the nature of the violation alleged by said department; provided further, that $100,000 shall be expended for 4 H activities from this item; provided further, that funds may be expended for the Southeastern Massachusetts Agricultural Partnership; provided further, that funds may be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board; provided further, that the department shall, to the extent possible, encourage corporate sponsorships for the purposes of providing agricultural fair prizes; and provided further, that funds may be expended for implementation of the agricultural marketing strategic plan, including, but not limited to, a "Buy Local" campaign and funding for agricultural business training and technical assistance ........................................... $3,725,650
2511-0105 For the purchase of supplemental foods for the emergency food assistance program within the second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall be expended for food to be distributed by the greater Boston food bank as follows: 73.5 per cent to the greater Boston food bank, including a portion to be distributed to the Merrimack Valley food bank under a contractual agreement between the food bank and the greater Boston food bank, 15.2 per cent to the food bank of western Massachusetts, and 11.3 per cent to the Worcester county food bank; and provided further, that the department is authorized to assess an administrative charge not to exceed two percent of the total appropriation herein ............................................................................................. $6,280,000
2511-3002 For the Integrated Pest Management program ....................................................................................... $100,000
Department of Conservation and
Recreation.
2800-0100 For the operation of the department of conservation and recreation; provided, that said department shall enter into an interagency agreement with the department of state police to provide police coverage on department of conservation and recreation properties and parkways; provided further, that the department of state police shall reimburse said department of conservation and recreation for costs incurred by said department including, but not limited to vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division performing construction activities for the department of conservation and recreation shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of said department; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments not later than February 14, 2005; provided further, that notwithstanding the provisions of any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; provided further, that no funds shall be expended from this item for personnel overtime costs; provided further, that the department of conservation and recreation shall file a report with the house and senate committees on ways and means no later than December 6, 2004 detailing the merger of the former metropolitan district commission with the former department of environmental management into the department of conservation and recreation; provided further, that said report shall include, but not be limited to, the following: (1) the names, salaries, and the positions of all full time equivalent, so-called personnel that were scheduled to be paid out of item 2800-0100 as of September 1, 2003, March 1, 2004 and August 1, 2004, (2) the job descriptions, employee name, current job title, and the item of appropriation said employees were assigned to in fiscal years 2002 and 2003 and the item of appropriation that they are currently funded from, (3) a list by subsidiary and object code of all expenditures or allocations from items of appropriations under the executive office of environmental affairs in fiscal year 2004 on the commonwealth development coordinating council, (4) a list of all deputy commissioners and deputy associate commissioners, and their assigned duties, (5) the number of full time equivalent positions, so-called that have been eliminated due to said merger, (6) any efficiencies that have been achieved from said merger; provided further, that said secretary shall file a report on the number of employees funded through capital authorizations with the house and senate committees on ways and means no later than December 6, 2004, that shall include, but not be limited to, the following: (1) the number of full time equivalent positions so-called, delineated by fiscal year, item of appropriation and position number, job title and job code for that have been funded from capital authorizations for fiscal years 2001 to 2005 inclusive, for every item of appropriation under control of said secretary, (2) every program that has been funded from capital authorizations for fiscal years 2001 to 2005 inclusive delineated by fiscal year, program and item of appropriation, (3) detail every full time equivalent, so-called and program that has been moved to capital authorizations since fiscal year 2001; and provided further, that $60,000 shall be expended for the Martha's Vineyard Commission ........................................................................................................... $5,023,416
2800-0101 For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the department and the office of water resources in the department of conservation and recreation; provided, that $500,000 shall be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of the payment shall be charged to the General Fund and not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to the authority under section 113 of chapter 92 of the General Laws; provided further, that $48,000 shall be expended for the flood control activities undertaken by the Thames River Valley communities of Massachusetts in conjunction with the state of Connecticut; provided further, that $80,000 shall be expended for a Buzzards Bay water quality restoration projects including, but not limited to engineering and permitting costs for restoration in Mattapoisett of the Eel Pond drainage culvert, storm separators in West Island and Little Bay in the Town of Fairhaven and similar water quality projects in Buzzards Bay; provided further, that $100,000 shall be expended for Pine Tree Brook in the town of Milton to implement phase IV of a project for clearing and dredging; provided further, that $25,000 shall be expended for aquatic weed control treatments in the Upper Mystic Lake; provided further, that $8,000 shall be expended for the protection and rehabilitation of the Wachusett Reservoir Dam 5 area in the town of Clinton; provided further, that the water assets management project include the towns of Plymouth, Carver, Wareham, Plympton, Bourne, Middleborough, and Kingston; and provided further, that the department develop and implement a written plan to protect and manage the Plymouth-Carver sole source aquifer in consultation with these 7 towns...................................................................................................................................... $1,367,114
2800-0200
For the operation of the Commonwealth Zoological Corporation pursuant to
chapter 92B of the General Laws; provided, that $50,000 shall be expended for
the Buttonwood Park Zoo; provided further, that $50,000 shall be expended for
the Forest Park Zoo; provided further, that funds appropriated in this item
shall be expended for the purposes of promoting private fundraising, achieving
self-sufficiency and serving as a catalyst for urban economic development and
job opportunities for local residents; provided further, that the corporation
shall take all steps necessary to increase the amount of private funding
available for the operation of the zoos; provided further, that the corporation
shall report to the house and senate committees on ways and means not later than
2800-9004 For certain payments for the maintenance and use of the trailside museum and the Chickatawbut Hill center $375,000
2810-0100 For the operations of the division of state parks and recreation; provided, that funds appropriated herein shall be used to operate all of the division's parks, heritage state parks, reservations, campgrounds, beaches, pools, and, for the oversight of rinks, to protect and manage the division's lands and natural resources including the forest and parks conservation services and the bureau of forestry development; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the department is authorized to issue grants to public and non-public entities from this item; provided further, that $99,000 shall be expended for repairs to the portico at Pilgrim State Park; provided further, that $50,000 shall be expended for the improvement and reconstruction of the Daly Field located in the Allston-Brighton section of the City of Boston; provided further, that $100,000 shall be expended for the Schooner Ernestina Commission; and provided further, that $50,000 shall be expended for a public waterfront accessibility project on Plum Island in the City of Newburyport................................................................................................................. $17,749,682
2810-2000 For the seasonal hires of the division of state parks and recreation, including hires for the forest fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2004 shall continue to receive such benefits in fiscal year 2005 during the period of their seasonal employment; provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified herein; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; provided further, that funds shall be expended for 2 additional summer staff positions at the Lawrence Heritage State Park; and provided further, that notwithstanding the section 1 of the chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period .................................................................................... $5,417,735
2810-2040 The division of state parks and recreation may expend revenues collected up to a maximum of $3,703,218 from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system of the division; provided, that no funds from this item shall be expended for the costs of personnel, including seasonal employees; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the budget director and the chairmen of the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that the variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item ......................................................................... $3,703,218
2820-0100 For the administration, operation and maintenance of the division of urban parks and recreation including, for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the division, flood control activities of the division, purchase of all necessary supplies and related equipment, and the civilianization of crossing guards located at division intersections where state police previously performed such duties; provided, that said parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the division of urban parks and recreation; and provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that $150,000 shall be expended for Legion Park in the town of Weymouth; provided further, that not less than $3,902 shall be expended on additional school crossing guards for the corner of Mystic Avenue and Shore Drive in the city of Somerville; provided further, that $250,000 shall be expended for a linked trail system for state and local parks along the Back River in the town of Weymouth; provided further, that $30,000 shall be expended for child safety equipment in the town of Milford; provided further, that $45,000 shall be expended on the maintenance of Red Rock Park on Lynn Shore Drive, in the city of Lynn; provided further, that said Division shall file a report with the house and senate committees on ways and means no later than October 1, 2004 on the reconstruction on the Vietnam Veterans Memorial Pool in Chelsea; provided further, that said report shall include, but not be limited to the following: (a) the current condition of the pool and all related structures, (b) a detailed list of all structural deficiencies, (c) a detailed cost estimate to repair said pool and structures, (d) an estimate of the time to complete said repairs, (e) and any other information that said division deems necessary for the completion of this report; provided further, that $225,000 shall be expended for maintenance and infrastructure repair of the southwest corridor park; provided further, that $50,000 shall be expended for the removal of a pedestrian bridge at the end of Fairlawn Street in the City of Malden; provided further, that $50,000 shall be expended for flood mitigation at Fellsmere Pond; provided further, that $247,000 shall be expended for the James Michael Curley Recreation Center in Boston; provided further that $85,000 shall be expended for the town of Boylston; and provided further that funds shall be expended for environmental preservation of the historic Park Avenue Fire Barn in Worcester ......................................................................................................................................... $20,186,478
2820-0101 For the costs associated with the department’s urban park rangers specific to the security of the state house; provided, that the commissioner shall collaborate and coordinate with the legislature’s joint committee on rules on the development of a plan of security for the state house; and provided further, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house....................................................................... $1,750,000
2820-0200 For seasonal hires of the division of urban parks and recreation; provided, that no funds in this item shall be used for year-round seasonals; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding section 1 of chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12 month period ................ $2,991,820
2820-1000 The division of urban parks and recreation may expend an amount not to exceed $200,000 from revenue generated pursuant to section 34B of chapter 92 of the General Laws ............................................................................... $200,000
2820-1001 The division of urban parks and recreation may expend $50,000 for the operation and maintenance of the division’s telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways central artery/Ted Williams tunnel project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system ..................................................................... $50,000
2820-2000
For the expenses of snow and ice control on the parkways within the
division of urban parks and recreation, including the costs of personnel;
provided, that the department of conservation and recreation shall take all
measures to ensure that said department's snow and ice control efforts are
efficient and cost affective; provided further, that the secretary of
environmental affairs shall submit to the house and senate committee on post
audit and oversight and the house and senate committees on ways and means a
report no later than
2820-3001
The division of urban parks and recreation may expend an amount not to
exceed $1,000,000 from skating rink fees and rentals for the operation and
maintenance, including personnel costs, of four rinks between
2820-4420 For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend revenues up to $1,100,000 collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning no earlier than April 1 and ending no later than November 30 ....................................................................................................................................... $1,100,000
2820-4421 For the operation and maintenance of the Leo J. Martin golf course; provided, that the division of urban parks and recreation may expend revenues up to $700,000 collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30 .......................................................................................................................................... $700,000
2820-9005
For the operation of street lighting on the division of urban parks and
recreation parkways; provided, that no expenditure shall be made other than in
the GG subsidiary; provided further, that the department of conservation and
recreation shall take all measures to further ensure that said department's
street lighting efforts are efficient and cost affective; provided further, that
said department shall implement a plan to achieve efficiencies and reduce said
lighting costs; provided further, that said department shall file a report with
the house and senate committees on ways and means no later than
EXECUTIVE OFFICE OF HEALTH
Office of the
Secretary.
4000-0112
For matching grants to boys’ and girls’ clubs, YMCA and YWCA
organizations and nonprofit community centers; provided, that the secretary of
health and human services shall award the full amount of each grant to each
organization upon commitment of matching funds from the organization; provided
further, that the secretary shall report to the house and senate committees on
ways and means on the exact amounts distributed in fiscal year 2005 by
4000-0115
For matching grants to the Massachusetts Technology Collaborative to
implement inpatient hospital-based computerized physician order entry systems in
eligible hospitals in Massachusetts for the purposes of improving patient safety
and hospital efficiency; provided, that said secretary shall submit a report not
later than
4000-0300
For the operation of the executive office, including the operation of the
managed care oversight board; provided, that the executive office shall provide
technical and administrative assistance to agencies under the purview of the
secretariat receiving federal funds; provided further, that the executive office
and its agencies, when contracting for services on the islands of Martha's
Vineyard and Nantucket, shall take into consideration the increased costs
associated with the provision of goods, services, and housing on said islands;
provided further, that the executive office shall monitor the expenditures and
completion timetables for systems development projects and enhancements
undertaken by all agencies under the purview of the secretariat, and shall
ensure that all measures are taken to make such systems compatible with one
another for enhanced interagency interaction; provided further, that the
executive office shall continue to develop and implement the common client
identifier; provided further, that the executive office shall ensure that any
collaborative assessments for children receiving services from multiple agencies
within the secretariat shall be performed within existing resources; provided
further, that funds appropriated herein shall be expended for the
administrative, contracted services and non-personnel systems costs related to
the implementation and operation of programs authorized by sections 9A to 9C,
inclusive, and sections 16B and 16C of chapter 118E of the General Laws;
provided further, that such costs shall include, but not be limited to,
pre-admission screening, utilization review, medical consultants, disability
determination reviews, health benefit managers, interagency service agreements,
the management and operation of the central automated vendor payment system,
including the recipient eligibility verification system, vendor contracts to
upgrade and enhance the central automated vendor payment system, the medicaid
management information system and the recipient eligibility verification system
MA21, costs related to the information technology chargebacks, contractors
responsible for system maintenance and development, personal computers and other
information technology equipment; provided further, that 50 per cent of the cost
of provider point of service eligibility verification devices purchased shall be
assumed by the providers utilizing the devices; provided further, that the
executive office of health and human services shall assume the full cost of
provider point of service eligibility verification devices utilized by any and
all participating dental care providers; provided further, that in consultation
with the division of health care finance and policy, no rate increase shall be
provided to existing medicaid provider rates without taking all measures
possible under Title XIX of the social security act to ensure that rates of
payment to providers do not exceed such rates as are necessary to meet only
those costs which must be incurred by efficiently and economically operated
providers in order to provide services of adequate quality; provided further,
that expenditures for the purposes of each item appropriated for the purpose of
programs authorized by chapter 118E shall be accounted for according to such
purpose on the Massachusetts management accounting and reporting system not more
than 10 days after such expenditures have been made by the medicaid management
information system; provided further, that the no expenditures shall be made for
the purpose of such programs that are not federally reimbursable, except as
specifically authorized herein, or unless made for cost containment efforts the
purposes and amounts of which have been submitted to the house and senate
committees on ways and means 30 days prior to making such expenditures; provided
further, that the executive office may continue to recover provider overpayments
made in the current and prior fiscal years through the medicaid management
information system, and that such recoveries shall be deemed current fiscal year
expenditure refunds; provided further, that the executive office shall report
quarterly to the house and senate committees on ways and means the amounts of
said expenditure refunds credited to each item of appropriation; provided
further, that the executive office shall report quarterly to the house and
senate committees on ways and means the amount of hand generated payments, to
providers by item of appropriation from which said payments were made; provided
further, that the executive office may collect directly from a liable third
party any amounts paid to contracted providers under chapter 118E of the General
Laws for which the executive office later discovers another third party is
liable if no other course of recoupment is possible; provided further, that no
funds shall be expended for the purpose of funding interpretive services
directly or indirectly related to a settlement or resolution agreement, with the
office of civil rights or any other office, group or entity; provided further,
that interpretive services currently provided shall not give rise to enforceable
legal rights for any party or to an enforceable entitlement to interpretive
services; provided further, that the federal financial participation received
from claims filed for the costs of outreach and eligibility activities performed
at certain hospitals or by community health centers which are funded in whole or
in part by federally permissible in-kind services or provider donations from the
hospitals or health centers, shall be credited to this item and may be expended
without further appropriation in an amount specified in the agreement with each
donating provider hospital or health center; provided further, that the federal
financial participation received from claims filed based on in-kind
administrative services related to outreach and eligibility activities performed
by certain community organizations, under the so-called "covering kids
initiative" and in accordance with the federal revenue criteria in 45
General Fund ........................................................................... 85.84%
Children's and Seniors' Health Care Assistance Fund ............ 14.16%
4000-0320 The executive office may expend an amount not to exceed $333,500,000 from the monies received from recoveries of any current or prior year expenditures and collections from liens, estate recoveries, third party recoveries, drug rebates, accident and trauma recoveries, case mix recoveries, computer audits, insurance recoveries, provider overpayment recoveries, bankruptcy settlements, Masspro and Healthpro refunds, medicaid fraud returns, data match returns, Medicare appeals and program and utilization review audits; provided, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; provided further, that the executive office shall file quarterly with the house and senate committees on ways and means, a report delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures; and provided further, that additional categories of recoveries and collections, including the balance of any personal needs accounts collected from nursing and other medical institutions and a recipient’s death and held by the executive office for more than 3 years may, notwithstanding any general or special law to the contrary, be credited to this item after providing written notice to the house and senate committees on ways and means and the secretary of administration and finance .............................................................................................................. $333,500,000
4000-0430
For the commonwealth program to provide primary and supplemental medical
care and assistance to disabled adults and children under sections 9A, 16 and
16A of chapter 118E of the General Laws; provided, that funds may be expended
from this item for health care services provided to the recipients in prior
fiscal years; provided further, that the executive office shall maximize federal
reimbursement for state expenditures made on behalf of such adults and children;
provided further, that children shall be determined eligible for the medical
care and assistance if they meet the disability standards as defined by the
executive office, which standards shall be no more restrictive than the
standards in effect on
4000-0500 For health care services provided to medical assistance recipients under the executive office’s primary care clinician/mental health and substance abuse plan or through a health maintenance organization under contract with the division; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that said secretary shall take all steps necessary to maximize enrollment in managed care organizations in order to utilize federal dollars available under the federal upper payment limit cap; provided further, that the secretary shall submit a report to the house and senate committees on ways and means which shall include MassHealth enrollment in managed care organization as of July 1, 2004 compared to said enrollment on December 1, 2004; provided further, that said report shall be submitted no later than December 15, 2004; provided further, that the commissioners of medical assistance and mental health shall report quarterly to the house and senate committees on ways and means relative to the performance of the managed care organization under contract with the division to administer the mental health and substance abuse benefit; provided further, that such quarterly reports shall include, but not be limited to, analyses of utilization trends, quality of care and costs across all service categories and modalities of care purchased from providers through the mental health and substance abuse program, including those services provided to clients of the department of mental health; provided further, that in conjunction with the new medicaid management information system project, said division study the feasibility of modifying its claim payment system, in collaboration with the MassHealth behavioral health contractor, to routinely process for payment valid claims for medically necessary covered medical services to eligible recipients with psychiatric and substance abuse diagnoses on a timely basis in an effort to avoid delay and expenses incurred by lengthy appeals processes; provided further, that said secretary shall report to the house and senate committee on ways and means not later than February 1, 2004 the results of said study, any proposed modifications to said payment system, and a timeline of steps to be taken to implement said modifications; provided further, that not less than $10,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units, including pediatric chronic and rehabilitation long-term care hospitals as allowable under federal law; provided further, that $1,100,000 shall be available for medical interpreter services to MassHealth members in emergency rooms and acute psychiatric units within acute care or psychiatric hospitals; and provided further, that not less than 20 per cent of the amount shall be expended for grants awarded through a competitive bidding process intended for innovative methods to improve interpreter services and contain costs; and provided further, that $11,700,000 shall be expended on disproportionate share payments to high public payer hospitals ................................................ $2,319,197,919
4000-0550 For the purposes of funding in fiscal year 2005 a one-time program of one-time incentive payments to community health centers which enroll MassHealth eligible patients in MassHealth managed care organizations dedicated to providing primary care in low cost settings; provided further, that said program shall provide a one-time rate add-on to participating community health centers which shall be passed through and paid to patients who enroll in MassHealth and simultaneously choose their primary care physician at a community health center; provided further, that said add-on shall not result in a payment to any enrollee which would exceed $5 per enrollee; provided further, that enrollees shall be eligible for only one $5 incentive payment and that said payments shall not apply to persons currently enrolled at a community health center; provided further, that no funds shall be expended in excess of the amount appropriated herein; provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or enforceable entitlement to the services funded herein; and provided further, that said division shall work in consultation with the division of health care finance and policy on the implementation of the provisions herein ....................................................... $500,000
Department of Elder
Affairs.
4000-0600 For health care services provided to medical assistance recipients under the department's senior care plan; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that not less than $9,240,000 shall be expended for the purposes of a demonstration project known as the "community choices" initiative, so-called; provided further, that under the demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver, so-called, shall be covered for any needed community services, including case management, from among those services available under the waiver or under the Commonwealth's Title XIX state plan, for the purpose of delaying or preventing an imminent nursing home admission; provided further, that elders enrolled in the waiver at risk of imminent nursing home admission shall be provided information about the availability of such services; provided further, that for elders who, pursuant to the aforementioned interagency agreement, have been determined to be at such imminent risk, have chosen to remain in the community, and for whom community care is medically appropriate, the department shall establish a funding level that, on a monthly average basis, is equal to fifty percent of the median monthly per capita expenditure made by the department for nursing facility services provided to elders; provided further, that such funding level may include the costs of needed waiver services or other needed community services available to the elders under the state plan, provided further, that the interagency agreement shall be amended to implement the demonstration project and shall describe how the funding level will be made available to meet the costs of needed waiver services or other needed community services available to the elders under the state plan; provided further, that the department shall enter into an agreement with each aging service access point participating in the demonstration, which shall describe a system to be followed by each aging service access point, in accordance with state law and requirements under Title XIX of the Social Security Act, for coordination of both waiver and non-waiver community services needed by such eligible elders; provided further, that each aging services access point receiving funds under the demonstration project shall submit monthly reports to the executive office of health and human services and to the department of elder affairs on the care provided and the service expenditures made under the 2176 elder care waiver and such other information as specified by the department and the executive office; provided further, that executive office of health and human services shall prepare a report on all relevant costs and savings associated with the demonstration project; provided further, that the report shall be submitted to the house and senate committees on ways and means by April 1, 2005; provided further, that the department shall expend funds for the purpose of funding base hourly wage increases and related payroll taxes for certified nurses' aides at nursing facilities, in accordance with 114.2 CMR 6.00 et seq; provided further, that effective January 1, 2002, such wage increases shall be over and above any previously collectively bargained for wage increases; provided further, that the division shall report to the house and senate committees on ways and means on the increases given at each facility by February, 1, 2005; provided further, that the department shall in correlation with the senior care options program explore options for enrolling the senior care population into managed care programs through federal waivers or other necessary means; provided further, that not less than $75,000 shall be made available to reimburse providers of dementia-specific adult day care at the rate paid on January 1, 2003; provided further, that notwithstanding any general or special law to the contrary, for any nursing home that provides kosher food to its residents, the division of medical assistance, in consultation with the division of health care finance and policy, is directed to approve a special innovative program, and the division of health care finance and policy, in recognition of the unique special innovative program status granted by the division of medical assistance, shall for any nursing home that provides kosher food to its residents, establish up to a $5 per day increase to the standard payment rates to reflect the high dietary costs incurred in providing kosher food; provided further, that notwithstanding any general or special law to the contrary, all licensed chronic care hospitals located in Hampden county shall be paid under the same Medicaid reimbursement methodology as applied to all other similarly situated chronic care hospitals; provided further, that in calculating the Medicaid reimbursement, such reimbursement shall exclude any costs associated with any beds licensed by the department of mental health; provided further, that effective July 1, 2004 through June 30, 2005, the division of health care finance and policy in collaboration with the executive office of elder affairs shall establish nursing facility payment rates and fully fund allowable costs using calendar year 2002 base year costs; provided further, that the secretary of elder affairs may transfer not more than 3 percent of funds appropriated in this item to item 4000-0620; and provided further, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer..................................................... $1,697,117,500
4000-0620 For the senior care options program; provided that the secretary of elder affairs may transfer not more than 15 percent of funds appropriated in this item to item 4000-0600; provided, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer...................... $83,275,500
4000-0625 For the recruitment and retention of home health workers including the cost of workforce training, direct wages and benefits of said workers; provided, that the funds authorized herein shall be in addition to any amounts appropriated in line item 4000-0600 of this act for the purpose of providing Title XIX services to patients; provided further, that said department shall work in consultation with the division of health care finance and policy on the implementation of the provisions herein; and provided further, that the funds authorized herein shall be eligible for federal financial participation .............. $4,000,000
Office of the
Secretary
4000-0700 For health care services provided to medical assistance recipients under the executive office's health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office's managed care or senior care plans; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; and provided further, that expenditures from this item shall be made only for the purposes expressly stated in this item ........................................................... $1,239,530,000
4000-0860 For MassHealth benefits provided to children and adults under clauses (a), (b), (c), (d) and (h) of subsection (2) of section 9A of chapter 118E of the General Laws; provided, that no funds shall be expended from this item for children and adolescents under the clause (c) of the subsection (2) of the section 9A whose family incomes, as determined by the executive office, exceeds 150 per cent of the federal poverty level; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; and provided further, that all federal reimbursements received for expenditures from this item under Title XIX and Title XXI of the Federal Social Security Act shall be credited to the Children’s and Seniors’ Health Care Assistance Fund ...................................... $390,030,100
Children’s and Seniors’ Health Care Assistance Fund ............. 100.0%
4000-0870 For health care services provided to adults participating in the medical assistance program pursuant to clause (g) of subsection (2) of section 9A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to such recipients in prior fiscal years .......................................... $121,642,118
4000-0875 For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall seek to obtain federal approval to limit the provision of said benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level; provided further, that eligibility for such benefits shall be extended solely for the duration of such cancerous condition; provided further, that prior to the provision of any benefits covered by this item, said division shall require screening for either breast or cervical cancer at the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with item 4570-1503 of section 2D; provided further, that the executive office shall seek to obtain federal approval for the implementation of a cost sharing system, including co-pays and sliding scale premiums for women whose annual income is between 133 per cent and 250 per cent of the federal poverty level; provided further, that funds shall only be expended and such program implemented, subject to federal approval and the availability of federal financial participation; and provided further, that all federal reimbursements received for expenditures from this item pursuant to the provisions of Title XIX of the federal Social Security Act shall be credited to the General Fund ..................................................... $2,848,206
4000-0880 For MassHealth benefits under clause (c) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws for children and adolescents whose family incomes as determined by the executive office are above 150 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to the children and adolescents in prior fiscal years; and provided further, that all federal reimbursements received for expenditures from this item under Title XXI of the Federal Social Security Act shall be credited to the Children’s and Seniors’ Health Care Assistance Fund ............................................................................................................................... $63,103,326
Children’s and Seniors’ Health Care Assistance Fund ............. 100.0%
4000-0890 For the cost of health insurance premium subsidies paid to employees of small businesses participating in the insurance reimbursement program pursuant to the provisions of section 9C of chapter 118E of the General Laws; provided, that all federal reimbursements received for expenditures from this item pursuant to the provisions of Title XIX and Title XXI of the federal Social Security Act shall be credited to the Children's and Seniors' Health Care Assistance Fund; and provided further, that expenditures made for the purposes of this item shall not exceed the amount appropriated herein ........................................................................................................................................................... $30,846,992
Children's and Seniors' Health Care Assistance Fund ............. 100.0%
4000-0891 For the cost of health insurance subsidies paid to employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office shall directly market the program to private human service providers that deliver human and social services under contract with departments within the executive office of health and human services and the executive office of elder affairs for the purpose of mitigating health insurance costs to the employers and their employees; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means and the executive office of administration and finance monthly expenditure data for the program, including the total number of employers participating in the program, the per centage of the employers who purchased health insurance for employees prior to participating in the program and total monthly expenditures delineated by payments to small employers and self-employed persons for individual, 2-person family and family subsidies; provided further, that the executive office shall seek federal reimbursement for the payments to employers; and provided further, that all federal reimbursements received for expenditures from this item, under Title XIX and Title XXI of the federal Social Security Act, shall be credited to the Children’s and Seniors’ Health Care Assistance Fund $6,473,121
Children’s and Seniors’ Health Care Assistance Fund ............. 100.0%
4000-0895 For the healthy start program to provide medical care and assistance to pregnant women and infants residing in the commonwealth pursuant to section 24D of chapter 111 of the General Laws; provided, that pursuant to an interagency agreement established with the executive office, the department of public health shall determine the presumptive eligibility of low-income pregnant women for services available under Title XIX and chapter 118E of the General Laws; provided further, that the department shall report to the house and senate committees on ways and means on the population served by the program delineated by federal poverty level, the cost of each segment of the population delineated by federal poverty level, as well as any long term cost savings achieved by providing the services to the populations; and provided further, that the department shall include in said report a breakdown of the costs incurred by said program from the time when eligibility was expanded to 225 per cent of the federal poverty level .................................................................... $14,213,532
4000-0990 For the children's medical security plan to provide primary and preventive health services for uninsured children from birth through age 18; provided, that the executive office shall pre-screen enrollees and applicants for Medicaid eligibility; provided further, that no applicant shall be enrolled in said program until said applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children's medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of said children; provided further, that any projection of deficiency in this item shall be reported to the house and senate committees on ways and means not less than 90 days prior to the projected exhaustion of funding; provided further, that the executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10E of chapter 118E of the General Laws; provided further, that said maximum benefit levels for this program shall be made available only to those children who have been determined by the division to be ineligible for MassHealth benefits; provided further, that the secretary of the executive office shall certify quarterly in writing to the house and senate committees on ways and means that premiums established pursuant to the fourth paragraph of said section 10E of said chapter 118E have been paid by all enrollees for whom said premiums are applicable............................................................................ $21,374,000
General Fund ............................................................................ 76.62%
Children's and Seniors' Health Care Assistance Fund ............. 23.38%
4000-1400 For the purposes of providing MassHealth benefits to persons with a diagnosis of human immunodeficiency virus with incomes up to 200 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years ................................................................... $8,732,000
Division of Health Care Finance and
Policy.
4100-0060 For the operation of the division and the administration of the uncompensated care pool established pursuant to chapter 118G of the General Laws; provided, that notwithstanding any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal year 2005, the estimated expenses, including indirect costs, of the division and shall be equal to the amount appropriated in this item less amounts projected to be collected in fiscal year 2005 from: (1) filing fees; (2) fees and charges generated by the division's publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division's administrative costs; provided further, that the assessed amount shall be not less than 65 per cent of the division's expenses as specified in this item; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the uncompensated care pool to report to the division the following utilization information: the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly to the house and senate committees on ways and means a summary report compiling said data; provided further, that the division, in consultation with the executive office of health and human services, shall not promulgate any increase in medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that the division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that the division shall share financial data and expertise about the Massachusetts health care industry with the Massachusetts Institute for Social and Economic Research for the purpose of enhancing, developing and marketing data products for the public; provided further, that the division and the institute shall share any revenue generated through sale, licensure, royalty and usage fees charged for said data products; provided further, that not later than October 24, 2004 the division shall submit to the comptroller and to the house and senate committees on ways and means a report describing the method by which the division shall generate revenues through said sale, licensure, royalty, and usage fees in an amount sufficient to meet 25 per cent of the projected costs of the division in any fiscal year, as required by section 612 of chapter 151 of the acts of 1996; provided further, that funds may be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that for hospital fiscal year 2005, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws shall be $320,000,000; provided further, that the division shall publish annual reports on the financial condition of hospitals and other health care providers through the Health Benchmarks project website, in collaboration with the executive office of health and human services, the office of the attorney general, and the University of Massachusetts; provided further, that the division shall submit to the house and senate committees on ways and means not later than December 6, 2004 a report detailing utilization of the uncompensated care pool; provided further, that the report shall include: (1) the number of persons in the commonwealth whose medical expenses were billed to the pool in fiscal year 2004; (2) the total dollar amount billed to the pool in fiscal year 2004; (3) the demographics of the population using the pool, and; (4) the types of services paid for out of the pool funds in fiscal year 2004; provided further, that the division shall include in the report an analysis on hospitals' responsiveness to enrolling eligible individuals into the MassHealth program upon the date of service rather than charging said individuals to the uncompensated care pool; provided further, that the division shall include in the report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that notwithstanding any general or special law or rule or regulation to the contrary, the division shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by said division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided or industrial accident patients if such a change would financially benefit the commonwealth; provided further, that notwithstanding any general or special law to the contrary said division shall maintain the rate paid for the dispensing fees to retail pharmacies for prescribed drugs to publicly aided or industrial accident patients at $3 in fiscal year 2005; and provided further, that said division shall not use any funds appropriated from the health care quality improvement trust fund for operating costs, including rent and utilities ........................................................................................................................................................... $10,028,104
OFFICE
OF DISABILITIES
4110-0001 For the office of the commissioner and the bureau of research; provided, that the commissioner may transfer funds between items 4110-0001, 4110-1000, 4110-1010, 4110-1020, 4110-2000, 4110-2001, 4110-3010 and 4110-4000; provided further, that the amount transferred from any of the items stated herein shall not exceed 10 per cent of the total amount appropriated for that item; provided further, that 30 days prior to any such transfer, the commissioner shall submit an allocation plan detailing the distribution of the funds to be transferred to the house and senate committees on ways and means; and provided further, that amounts appropriated to the commission in fiscal year 2005 that extend or expand services beyond the level of services provided in fiscal year 2004 shall not annualize above the amounts in fiscal year 2006 $939,292
4110-1000 For the community services program; provided, that not less than $350,000 shall be expended from this item for the deaf-blind community access network; provided further, that not less than $500,000 shall be expended for the talking information center; provided further, that not less than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and provided further, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network ............................................................................................... $3,733,070
4110-1010 For aid to the adult blind; provided, that funds may be expended from this item for burial expenses incurred in the prior fiscal year ..................................................................................................................................................... $8,351,643
4110-1020 For eligibility determination for the medical assistance program for the blind; provided, that the commission shall work with the division of medical assistance, the department of mental retardation and other state agencies to maximize federal reimbursement for clients so determined through this item including, but not limited to, reimbursement for home and community-based waiver clients ........................................................................................................... $321,461
4110-2000 For the turning 22 program of the commission; provided, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services ............................................................................................................................................................. $8,074,775
4110-2001 For services to clients of the department who turn 22 years of age during state fiscal year 2005; provided, that the amount spent from this item shall not annualize to more than $522,000 in fiscal year 2006; provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services .............................................................................................. $297,000
4110-3010 For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees ....................... $2,588,521
4110-4000 For the administration of the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to 3/4 of the salaries of current workshop employees; and provided further, that any funds received for goods and services purchased by private and public sector entities at Ferguson Industries shall be remitted to the General Fund ............................................................................................................................................................. $1,885,073
OFFICE
OF DISABILITIES
4120-1000 For the operation of the commission; provided, that the commissioner may transfer funds between items 4120-1000, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided further, that the amount transferred from any of the items stated herein shall not exceed 10 per cent of the total amount appropriated for that item; provided further, that 30 days prior to any such transfer, the commissioner shall submit an allocation plan to the house and senate committees on ways and means detailing the distribution of the funds to be transferred; provided further, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; provided further, that the lists shall include client names and social security numbers and payee names and other identification, if different from a client's; and provided further, that amounts appropriated in items of the department that extend or expand services beyond the level of services provided in fiscal year 2004 shall not annualize above the amounts in fiscal year 2006 ..................... $409,264
4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally reimbursed state employees; provided further, that the commissioner, in making referrals to service providers, shall take into account the client's place of residence and the geographic proximity of the nearest provider to said residence; provided further, that not less than $100,000 shall be expended on special vocational projects in the Charlestown neighborhood of Boston for people with disabilities; and provided further, that not less than $155,000 shall be expended for services provided by the Life Focus Center in the Charlestown neighborhood of Boston ............................................................................................................................................................. $7,459,207
4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided; provided further, that not less than $100,000 shall be expended on special projects in Charlestown for people with disabilities; and provided further, that not less than $305,000 shall be expended for the Charlestown Navy Yard Special Project for disabled adults ........................................................ $7,886,816
4120-4000 For independent living assistance service; provided, that not more than $858,000 shall be expended for assistive technology devices and training for individuals with severe disabilities; provided further, that not less than $25,000 will be used to assist the Living Independently for Equality, Inc. of Brockton; and provided further, that not less than $200,000 may be expended for the Center for Rehabilitation Engineering at the University of Massachusetts/Dartmouth................... $7,520,512
4120-4001 For the housing registry for the disabled ................................................................................................. $83,754
4120-4010 For services to clients of the department who turn 22 years of age; provided, that the amount appropriated herein shall not annualize to more than $1,394,220 in state fiscal year 2006; and provided further, that nothing stated herein shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein ............................................................................................................................................................. $1,065,000
4120-5000 For homemaking services ................................................................................................................... $4,339,768
4120-5050
$Notwithstanding any general or special law to the contrary, the
Massachusetts rehabilitation commission may expend an amount not to exceed
$2,000,000 for expanded independent living and employment services from federal
reimbursements received for services provided by the commission; provided, that
for the purpose of accommodating discrepancies between the receipt of retained
revenue and related expenditures, the department may incur expenses and the
comptroller may certify for payments amounts not to exceed the lower of this
authorization or the most recent revenue estimate reported in the state
accounting system; and provided further, that the commission shall submit a
report to the house and senate committees on ways and means not later than
4120-6000 For head injured services; provided, that the commission shall work with the division of medical assistance to maximize federal reimbursement for clients receiving head injured services; provided further, that the commission shall expend funds on a 24-hour basis for persons with severe head injuries in western Massachusetts; and provided further, that not less than $50,000 shall be expended for the Cape Cod head injury program ................................................... $6,000,568
4125-0100
For the operation of and services provided by the
4125-0101 $Notwithstanding any general or special law to the contrary, the Massachusetts commission for the deaf and hard of hearing may expend revenues in an amount not to exceed $175,000 from charges received on behalf of interpreter services and monies received from private grants, bequests, gifts or contributions; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................................................................ $175,000
OFFICE
OF CHILDREN, YOUTH
Office of Child Care Services.
4130-0001
For the administration of the office of child care services; provided,
that the office shall issue monthly reports detailing the number and average
cost of voucher and contracted child care slots funded from items 4130-3050 and
4130-3600 by category of eligibility; provided further, that the report shall
include the number of recipients subject to subsection (f) of section 110 of
chapter 5 of the acts of 1995 funded under item 4130-3050; provided further,
that the office shall report quarterly to the house and senate committees on
ways and means and the secretary of administration and finance on the
unduplicated number of children on waiting lists for state-subsidized child
care; provided further, that the office shall administer the child care resource
and referral system; provided further, that nothing contained herein shall be
construed as limiting the office's authority to issue variances or grant
licenses or certificates on a probationary basis as provided in 102 CMR 8.00 as
in effect on
4130-0002 For the administration of the Children’s Trust Fund ............................................................................... $870,198
4130-0005 For field operations and licensing........................................................................................................ $7,106,933
4130-1000 For statewide neonatal and postnatal home parenting education and home visiting programs for at-risk newborns to be administered by the Children's Trust Fund; provided, that such services shall be made available statewide to parents under the age of 21 years; and provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents................................................................................. $12,238,533
4130-2998 For child care quality expenditures; provided, that not less than $1,321,145 shall be expended for activities to increase the supply of quality child care for infants and toddlers; provided further, that not less than $234,248 shall be expended for resource and referral and school-age child care activities; provided further, that no funds from this item shall be used to fund capital assets or equipment for for-profit providers or agencies; and provided further, that no funds may be expended, obligated or transferred from this item prior to the submission of written certification by the commissioner to the house and senate committees on ways and means that all planned expenditures and allocations from this item shall have no fiscal impact beyond fiscal year 2005 .......................................................................................................... $4,158,403
4130-3050 For child care vouchers and contracted child care programs for low-income families; provided, that the employment services child care program for recipients of transitional aid to families with dependent children and the absent parents of the recipients, former recipients of the program who are working for up to 1 year after termination of benefits, former recipients of the program participating in education or training programs authorized by department of transitional assistance regulations, and parents under the age of 18 currently enrolled in a job training program who would qualify for benefits under the provisions of chapter 118 of the General Laws but for the deeming of grandparents’ income, shall be funded from this item; provided further, that post-transitional child care vouchers for former recipients of transitional aid to families with dependent children who have been working for more than 1 year after termination of program benefits shall be funded from this item; provided further, that not less than 500 child care slots shall be reserved for children in the foster care program at the department of social services; provided further, that income-eligible child care programs shall be funded from this item; provided further, that not less than the same amount shall be spent on income eligible child care programs in fiscal year 2005 as was spent on these programs in fiscal year 2004; provided further, that child care for the children of teen parents receiving transitional aid to families with dependent children benefits, teen parents receiving supplemental security income payments and whose dependent children receive the aid, and teen parents at risk of becoming eligible for transitional aid to families with dependent children benefits shall be paid from this item; provided further, that all teens eligible for year-round full-time child care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations promulgated for the program of transitional aid, whether or not such teens are recipients of benefits from the program; provided further, that informal child care benefits shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for such services; provided further, that child care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to child care for all eligible individuals; and provided further, that all child care providers that are part of a public school system shall be required to accept child care vouchers from recipients funded through this appropriation ......................................................................................................................................................... $278,936,661
4130-3100 For the regional administration of child care programs and related child care activities; provided, that the activities shall include, but not be limited to, voucher management, child care provider training, resource and referral for children with disabilities in child care programs, community-based programs that provide direct services to parents and coordination of waiting lists for state-subsidized child care; and provided further, that no funds shall be expended from this item for AA subsidiary payroll expenses ............................................................................................................. $10,043,732
4130-3600 For supportive child care associated with the family stabilization program; provided, that funds from this item shall only be expended for child care costs of children with active cases at the department of social services $48,344,206
OFFICE
OF DISABILITIES
Soldiers' Home in
4180-0100 For the maintenance and operation of the Soldiers’ Home in Massachusetts located in the city of Chelsea, including a specialized unit for the treatment of Alzheimer’s disease patients; provided, that graduates from the LPN school of nursing shall work in state -operated facilities for at least 1 year; provided further, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2004; and provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2005 ............................................................................................................................ $22,892,767
4180-1100 The Soldiers’ Home in Massachusetts located in the city of Chelsea may expend revenues up to $207,000 for facility maintenance and patient care, including personnel costs; provided, that 60 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws, through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued ............................ $207,000
Soldiers' Home in
4190-0100 For the maintenance and operation of the Soldiers’ Home in Holyoke, including the adult day care program, the Maguder House and the Chapin Mansion; provided, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2004; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2005; and provided further, that in the operation of the outpatient pharmacy, the Soldiers’ Home shall cover the cost of drugs prescribed at the Soldiers’ Home, excluding the required co-payment, only when the veteran has no access to other drug insurance coverage, including coverage through the program authorized by section 39 of chapter 19A of the General Laws $16,658,929
4190-0102
The Soldiers’ Home in Holyoke may expend for the outpatient pharmacy
program an amount not to exceed $225,000 from co-payments which it may charge to
users of the program; provided further, that no co-payments shall be imposed or
required of any person which exceed the level of co-payments charged in fiscal
year 2004; provided further, that no funds appropriated in this item shall be
expended until the superintendent has submitted a report to the secretary and
the house and senate committees on ways and means detailing projected
expenditures for fiscal years 2005 and 2006 and any and all assumptions used to
project outpatient pharmacy spending for the outpatient pharmacy program from
this item and item 4190-0100 by
4190-1100 The Soldiers’ Home in Holyoke may expend revenues up to a maximum of $163,000 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws, through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of said Soldiers’ Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, said Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued .................................................................. $163,000
4190-1101 The Soldiers’ Home in Holyoke may expend revenues up to a maximum of $579,000 from resident fees for long-term care beds and domiciliary beds; provided, that the only revenue available for expenditure in this item shall be amounts collected for fiscal year 2005 from the resident fees; provided further, that funds shall only be expended on items directly related to patient care; provided further, that funds shall not be expended on office furniture or any other ancillary administrative expenses; and provided further, that the Soldiers’ Home shall submit a quarterly report to the house and senate committees on ways and means on any expenditures made from this account ..................................................... $579,000
Department of Youth
Services.
4200-0010
For the administration of the department of youth services; provided,
that the department shall submit a report to the house and senate committees on
ways and means not later than
4200-0100 For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated herein to items 4200-0200 and 4200-0300; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer ........................ $20,141,916
4200-0200 For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated herein to items 4200-0100 and 4200-0300; and provided further, that 30 days before any transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer ............................................................................................................................. $18,907,464
4200-0300 For secure facilities, including purchase-of-service and state-operated programs incidental to the operations of the facilities; provided, that funds shall be expended for programs to address the needs of the female population including, but not limited to, the development of a stabilization unit and an independent living program, the enhancement of clinical services and at least 1 full-time female services coordinator; provided further, that the commissioner may transfer up to 5 per cent of the amount appropriated herein to items 4200-0100 and 4200-0200; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer $86,305,310
4200-0400 The department of youth services may expend an amount not to exceed $200,000 collected from federal reimbursements to fund internet services at institutional schools........................................................................................ $200,000
OFFICE
OF CHILDREN, YOUTH
Department of Transitional
Assistance.
4400-1000 For the central administration of the department, including the development and maintenance of automated data processing systems and services in support of department operations, and for the administration of department programs in local transitional assistance offices, including the expenses of operating a food stamp program; provided, that during fiscal year 2005 the department shall maintain 2 transitional assistance offices in the city of Springfield; provided further, that all costs associated with verifying disability for all programs of the department shall be paid from this item; provided further, that the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, public assistance caseloads and benefits; provided further, that the report shall comprehensively track statewide use of the emergency assistance program by eligibility category including, but not limited to, caseload, average length of use or stay and monthly expenditures; provided further, that the department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that under 21 U.S.C. section 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. section 862a, except that individuals incarcerated for a conviction which would otherwise be disqualifying under 21 U.S.C. section 862a(a) shall not be eligible for cash assistance funded through item 4403-2000 during the first 12 months after release from a correctional institution unless the individual qualifies for an exemption under subsection (e) of section 110 of chapter 5 of the acts of 1995 or a domestic violence waiver; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the division of medical assistance for a determination of eligibility under said chapter 118E; provided further, that the department shall continue policies to increase participation in the food stamp program; provided further, that funds shall be expended on investigating welfare fraud at the Lowell area office and that the department shall report no later than March 21, 2005 on the results of their investigation to the house and senate committees on ways and means; provided further, that not less than $250,000 shall be expended on services from the Food Source Hotline; provided further, that not less than $250,000 shall be expended for the food stamp outreach program; provided further, that the department may allocate funds, not to exceed $2,500,000 from this item to item 4400-1100 for the costs of the department's caseworkers; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and re-determinations; and provided further, that the department shall report to the house and senate committees on ways and means not later than December 15, 2004 on the extended office hours and placement of workers at community and human service organizations that the department has determined is feasible within the appropriation provided and that the department will provide in the current fiscal year ........................................................ $65,844,080
4400-1025 For domestic violence specialists at local area offices ......................................................................... $600,910
4400-1100 For the payroll of the department's caseworkers, provided that only employees of bargaining unit eight, shall be paid from this item; provided further, that the department may allocate funds, not to exceed $1,000,000 from this item to item 4400-1000 for the administrative costs of the department of transitional assistance ............................................. $51,500,000
4401-1000 For a program to provide employment and training services for recipients of benefits provided under the program of transitional aid to families with dependent children; provided, that certain parents who have not yet reached the age of 18, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws, but for the deeming of the grandparents’ income, shall be allowed to participate in the employment services program; provided further, that funds from this item may be expended on former recipients of the program for up to one year after termination of their benefits due to employment or subsection (f) of section 110 of chapter 5 of the acts of 1995; provided further, that funds from this item shall be expended for the purposes of the young parents program, transportation costs, pre-employment skills training and education programs, and structured subsidized employment services; provided further, that the department of transitional assistance may use funds from this item and shall collaborate with the department of workforce development to access funding through Title I of the federal Workforce Investment Act to ensure that sufficient resources are available to provide substantive, pre-employment skills training, including training that integrates basic education and English as a second language instruction, to recipients of transitional aid to families with dependent children who are in need of such services; provided further, that funds from this item may also be expended for re-employment services, job search assistance, vocational training services, job retention services, adult basic education, graduate equivalency degree courses, English as a second language courses and training programs for persons with limited English proficiency, and emergency work-related expenses for recipients, including emergency transportation costs; provided further, that the department shall inform all recipients and applicants of the full range of programs and of skills training programs funded by Title I of the federal Workforce Investment Act accessible through the one-stop career centers and adult education programs funded by the department of education available under this program; provided further, that funds may be allocated from this item to other agencies for the purposes of this program; provided further, that within 90 days of a recipient without a high school degree or a graduate equivalency degree or proficiency in English who is subject to subsection (f) of section 110 of chapter 5 of the acts of 1995 becoming eligible for benefits, the department may offer to the recipient a skills assessment to identify barriers to employment; and provided further, that all of this item is subject to appropriation and, in the event of a deficiency, nothing herein shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item ... $18,998,978
4401-1100 $Notwithstanding any general or special law to the contrary, the department of transitional assistance may expend reimbursements received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependent children $3,000,000
4403-2000 For a program of transitional aid to families with dependent children; provided, that notwithstanding any general or special law to the contrary, benefits under the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits; provided further, that notwithstanding any general or special law, or any provisions of this act to the contrary, no benefits under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year 2004; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under the provisions of subsection (e) of section 110 of chapter 5 of the acts of 1995 shall be 2 3/4 per cent below the otherwise applicable payment standard, in fiscal year 2005, pursuant to the provisions of the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify all teen parents receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5; provided further, that a $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that a nonrecurring children's clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September, 2004; provided further, that the children's clothing allowance shall be included in the standard of need for the month of September, 2004; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that notwithstanding section 2 of chapter 118 of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month such payments are to be made or within the three month period following such month of payment, and who, if such child had been born and was living with her in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits; provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for such loss; provided further, that no funds from this item shall be expended by the department for child care or transportation services for the employment and training program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that the department shall provide oral and written notification to all recipients of their child care benefits on a semi-annual basis; provided further, that the notification shall include the full range of child care options available, including center-based child care, family-based child care, and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits and post-transitional benefits; provided further, that the department shall work with the office of child care services to ensure that both recipients currently receiving benefits and former recipients during the one year period following termination of benefits are provided written and verbal information about child care services; provided further, that the notice shall further advise recipients of the availability of food stamps benefits; provided further, that not less than $418,074 shall be expended for the purposes of the operation of the Transportation Assistance Program operated by the Traveler's Aid Society; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility for, or levels of, benefits under the program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; and provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes $317,762,806
4403-2001 For the Lift Transportation Program operated by the Traveler’s Aid Society of Boston........................... $95,000
4403-2119 For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995 for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program ............................................................................................................................................................. $6,063,317
4403-2120 For certain expenses of the emergency assistance program as herein delineated: (i) contracted family shelters; (ii) transitional housing programs; (iii) programs to reduce homelessness in Barnstable, Dukes and Nantucket counties; (iv) residential education centers for single mothers with children; (v) intake centers; (vi) hotel and motel payments on behalf of homeless families; and (vii) voucher shelters; provided, that eligibility shall be limited to families with income at or below 100 per cent of the federal poverty level; provided, however, that any family whose income exceeds 100 per cent of the federal poverty level while the family is receiving assistance funded by this item, shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the 100 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow some or all of the portion of their income which exceeds 100 per cent of the federal poverty level; provided further, that any such escrowed funds shall be exempt from otherwise applicable asset limits; provided further that the family shall be allowed to withdraw the amount placed in escrow upon transition to permanent housing or losing eligibility for shelter services; provided further, that benefits under this item shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing under color of law in the United States; provided further, that the department shall take all steps necessary to enforce regulations to prevent abuse in the emergency assistance program; provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized; provided further, that no funds may be expended for heat or utility arrearages; provided further, that eligible households shall be placed in shelters as close as possible to their home community, unless a household requests otherwise; provided further, if the closest available placement is not within 20 miles of the household’s home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date, unless the household requests otherwise; provided further, that the department may add up to 150 new units of scattered site shelter above those contracted for in fiscal year 2004 provided that these new units shall be used to reduce the population placed in hotels and motels, and upon a determination that this action shall not entail additional costs to the family shelter program; provided further, that these new units shall be located in areas of greatest need to facilitate placement of eligible families within 20 miles of their home communities; provided further, that the department shall report quarterly to the house and senate committees on ways and means on the status of efforts to increase the number of units of scattered site shelter above the number contracted for in fiscal year 2004, any barriers encountered to increasing the number of units of scattered site shelter and the plan of action or recommendations for overcoming any barriers encountered; provided further, that the department shall make every effort to insure that children receiving services from this item are able to continue attending school in the community in which they lived prior to receiving services funded from this item; provided further, that no hotel or motel stay funded from this item shall establish tenancy on the part of the family; provided further, that in promulgating, amending or rescinding regulations with respect to eligibility or benefits under this program, the department shall take into account the amounts available to it for expenditure in this item so as not to exceed the amount appropriated herein; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that nothing herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to services other than to the extent that such rights or entitlements exist under the regulations promulgated by the department; provided further, that nothing in the preceding proviso shall authorize the department to alter eligibility criteria or benefit levels, except to the extent that such changes are needed to avoid a deficiency in this item; provided further, that the department shall report quarterly to the house and senate committees on ways and means on the number of families who apply for emergency assistance funded family shelter, the number of families approved for shelter, the number of families denied shelter along with reasons for denials, the home community of families receiving shelter, the number of families receiving shelter within each home community, the number of available shelter slots within each home community, the income level of families receiving shelter, the number of families receiving shelter who had previously accessed state-funded programs to reduce homelessness and the programs that had been accessed, the composition of families receiving shelter, the reason that the household is seeking emergency family shelter, the reasons that families exit shelter, including reasons for voluntary departure and termination, exiting families’ housing plans, including type of housing arrangement, subsidy status, monthly rent, and gross monthly income, and any other information that the department determines to be necessary in evaluating the operation of the emergency assistance family shelters program;and provided further, that the report shall also include information, by type of shelter, on average length of stay, average cost per household served, average number of shelter slots not used either as the result of no placement being made or of a placed family not making use of shelter, and an analysis of this data, including an analysis of causes relating to any significant differences in the data for each type of shelter................................................................................ $73,637,389
4405-2000 For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further, that the department, in collaboration with the division of medical assistance, may fund an optional supplemental living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified under chapter 19D of the General Laws who meet the income and clinic