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JUDICIARY.
Supreme Judicial Court.
0320-0003 For
the operation of the supreme judicial court, including salaries of the chief
justice and the 6 associate justices....................................................................................... $6,644,733
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 ................................... $538,187
0321-0100 For
the services of the board of bar examiners .............................................. $1,056,470
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
January 31, 2006 that shall include, but not be limited to the following: (a)
the number of clients assisted by the committee in the prior fiscal year; (b)
any proposed expansion of legal services delineated by type of service, target
population, and cost; (c) the total number of persons who received legal
services by the committee, by type of case and geographic location; (d) the
costs for services rendered per client, by type of case and geographic
location; (e) the amount paid, if any, to the committee by clients for services
rendered by type of case and geographic location; (f) the average cost for
services rendered by the committee by type of case; (g) the average number of
hours spent per attorney or staff per type of case................................................................. $16,275,695
0321-1505 For
additional costs of the public defender division; provided, that no funds from
this appropriation shall support existing costs associated with line item
0321-1500; provided further, that the committee shall submit a report to the
house and senate committees on ways and means not later than January 31, 2006
on the efficiencies gained from the additional resources provided in this item;
provided further, that the report shall include, but not be limited to the
following: (1) the number of assignment of counsel that this appropriation has
shifted from private bar advocates to the public defender division since the
effective date of this act, (2) the savings the commonwealth has realized from
this appropriation since the effective date of this act, and (3) number of
public defender positions filled and the location of the Sexually Dangerous
Persons office .............................................................................................. $657,436
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 2006; 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 2005.............................................................................. $95,146,675
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 2005 as calculated on a monthly basis................................................................................................ $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 2006 .................................................................. $7,460,513
0321-1600 For
the Massachusetts Legal Assistance Corporation to provide legal representation
for indigent or otherwise disadvantaged residents of the commonwealth;
provided, that notwithstanding section 9 of chapter 221A of the General Laws,
$1,204,604 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 January 30, 2006 that shall include, but not
be limited to the following: (a) the number of persons whom the programs funded
by the corporation assisted in the prior fiscal year; (b) any proposed
expansion of legal services delineated by type of service, target population,
and cost; and (c) the total number of indigent or otherwise disadvantaged
residents of the commonwealth who received services of the corporation, by type
of case and geographic location; and provided further, that the corporation may
contract with any organization for the purpose of providing the representation ......................................................... $8,564,142
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 $585,905
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............................................ $9,433,517
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........................ $9,271,389
0330-0102 For
the salaries of the justices of the district court department of the trial
court $18,509,673
0330-0103 For
the salaries of the justices of the probate and family court department of the
trial court................................................................................................................. $5,778,489
0330-0104 For
the salaries of the justices of the land court department of the trial court....... $684,005
0330-0105 For
the salaries of the justices of the
0330-0106 For
the salaries of the justices of the housing court department of the trial court $1,132,492
0330-0107 For
the salaries of the justices of the juvenile court department of the trial
court $4,629,031
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 chief justice for administration and management
shall expend funds for the purposes of acquiring, through a lease agreement,
suitable space in the town of
Belchertown for the district court of eastern Hampshire by June 15, 2006;
provided further, that funds from this item or any other item shall not be
expended for the cost associated with the district court of eastern Hampshire,
unless said division is located in the town of Belchertown as of said date;
provide further, notwithstanding any general or special law to the contrary,
all criminal and civil business within the eastern Hampshire district court
jurisdiction shall be conducted in the town of Belchertown as of said date;
provided further, that said chief justice shall submit a report to the house
and senate committees on ways and means not later than September 17, 2005
detailing the status of said lease agreement; provided further, that 50 per
cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure
15(d) and 30(c)(8) shall be paid from this item; provided further, that
notwithstanding section 9A of chapter 30, or any 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 the 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 the report with the house and senate committees on ways and means on
or before October 1, 2005; provided further, that the trial court shall submit
a report to the victim and witness assistance board detailing the amount of
assessments imposed within each court by a justice or clerk-magistrate during the
previous calendar year pursuant to section 8 of chapter 258B of the General
Laws; provided further, that the report shall include, but not be limited to,
the number of cases in which the assessment was reduced or waived by a judge or
clerk-magistrate within the courts; provided further, that the report shall be
submitted to the victim and witness assistance board on or before January 14,
2006; and provided further, that not less than $9,522,318 shall be expended for the rental of county
court facilities, in accordance with section 4 of chapter 29A of the General
Laws; and provided further, that all county facilities shall be reimbursed at
100 per cent from this item in fiscal year 2006.............................................................................................................. $114,794,156
0330-0317 For
the operation and expenses of the
0330-0410 For
alternative dispute resolution services for the trial court; provided, that the
services shall be made available to the extent possible in connection with child
care, protection and custody proceedings in juvenile and probate courts;
provided further, that not less than $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 $29,558
shall be expended for Berkshire Mediation Services Inc.; 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 $62,811 shall be expended for Mediation Works, Inc;
provided further, that not less than $50,000 shall be expended for Quabbin
Mediation in Athol; provided further, that not less than $50,000 shall be
expended for the Mediation and Training Collaborative of Franklin County in
Greenfield; provided further, that not less than $50,000 shall be expended for
Framingham Court Mediation Services; 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
$50,000 shall be expended for the Greater Brockton Center for Dispute
Resolution; provided further, that not less than $48,031 shall be expended for
the Somerville Mediation Program; provided further, that not less than $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; and provided further, that not less than $42,737
shall be expended for Dispute Resolution Services, Inc. in the city of
Springfield; and provided further, that not less than $50,000 shall be expended
for Community Mediation of Worcester ................................................................................. $842,737
0330-0441 For
permanency mediation services in the probate and juvenile courts................ $476,598
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 January 31,
2006, detailing the number of court officers and security personnel located in
each trial court of the commonwealth $54,610,296
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 the chief justice
shall only expend or allocate funds from this item to the 7 departments of the
trial court for the operation of the 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 before
the expenditures or allocations are made; provided further, that the only
revenue available for expenditure in this item for fiscal year 2006 shall be
revenue collected from the fees in excess of the amount collected and deposited
into the General Fund in fiscal year 2003 from the fees; provided further, that
no allocation shall occur until the
schedules have been approved by the committees; provided further, that the fees
shall continue to be transmitted to the treasurer for deposit into the General
Fund before 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, the 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 $20,000,000 from fees charged and collected pursuant to section 87A of
chapter 276 of the General Laws; provided, that the chief justice shall expend
or allocate funds from this item only to the district court and Boston
Municipal Court departments of the trial court for the operation of those
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 before the expenditures or allocations are made;
provided however, that the chief justice shall allocate or expend the funds
authorized in this item 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 the fees shall continue to be transmitted to the
treasurer for deposit into the General Fund before the expenditure authorized
by this item ........................ $20,000,000
0331-0100 For
the administrative office of the superior court department........................... $6,248,393
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.................................................................................................................... $716,338
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.................................................................................................................... $201,536
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.................................................................................................................... $858,760
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.................................................................................................................... $160,515
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................................................................................................................. $1,447,990
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.................................................................................................................... $299,747
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................................................................................................................. $1,288,286
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.................................................................................................................... $310,264
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................................................................................................................. $3,232,440
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.................................................................................................................... $135,265
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................................................................................................................. $1,186,622
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................................................................................................................. $1,087,829
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............................................................................................ $1,940,875
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................................................................................................................. $1,070,743
District Court Department.
0332-0100 For
the administrative office of the district court department, including a civil
conciliation program.................................................................................................................... $858,068
0332-1100 For
the first district court of Barnstable............................................................ $536,692
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................................................................... $169,016
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.......................................... $301,552
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 Belchertown................................ $165,631
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..................................... $368,553
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................................................................. $345,274
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 further, 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.................................................................................................. $804,083
0332-6900 For
the central district court of Worcester...................................................... $1,534,374
0332-7000 For
the district court of
0332-7100 For
the district court of
0332-7200 For
the district court of Winchendon................................................................ $137,821
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.................. $1,307,828
0333-0100 For
the
0333-0150 For
the operation of a child and parents program in the
0333-0200 For
the
0333-0300 For
the
0333-0400 For
the Dukes probate court........................................................................... $122,327
0333-0500 For
the
0333-0600 For
the
0333-0700 For
the Hampden probate court.................................................................... $2,061,173
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..................................................................... $645,228
0333-0900 For
the Middlesex probate court................................................................... $3,377,715
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................................... $191,719
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................................................................ $2,386,331
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.............................. $103,132
0336-0100 For
the
0336-0200 For
the western division of the housing court.................................................... $691,755
0336-0300 For
the
0336-0400 For
the southeastern division of the housing court.......................................... $1,214,514
0336-0500 For
the northeastern division of the housing court.............................................. $650,698
0337-0002 For
the administrative office of the juvenile court department.............................. $895,237
0337-0100 For
the
0337-0200 For
the
0337-0300 For
the Hampden county juvenile courts; provided that $145,841 shall be expended
for the CASA program in Springfield Juvenile Courts........................................................... $1,297,623
0337-0400 For
the Worcester county juvenile courts; provided further, that $72,920 shall be
expended for the CASA program in the Worcester Juvenile Court........................................ $1,083,597
0337-0500 For
the Barnstable county juvenile court, including the Barnstable county juvenile
court located in the town of Plymouth.................................................................................. $737,608
0337-0600 For
the Essex county juvenile courts; provided further, that $100,000 shall be
expended for the CASA program in the Lawrence Juvenile Court............................................... $1,055,220
0337-0700 For
the Hampshire and Franklin counties juvenile courts; provided further, that
$77,478 shall be expended for the Franklin/Hampshire CASA Program, including
Northampton, Greenfield, Orange and Ware District Courts..................................................................... $686,132
0337-0800 For
the Plymouth county juvenile courts; provided further, that $72,920 shall be
expended for the CASA program in the Plymouth County Juvenile Court...................................... $790,686
0337-0900 For
the Berkshire county juvenile courts; provided further, that $54,690 shall be
expended for a Berkshire CASA program in the Berkshire County Juvenile Court....................... $499,471
0337-1000 For
the Middlesex county juvenile courts....................................................... $1,104,188
0337-1100 For
the
Office of the Commissioner of
Probation.
0339-1001 For
the office of the commissioner of probation; provided, that notwithstanding the
any general or special law, rule or regulation to the contrary, the
commissioner, subject to appropriation, shall have exclusive authority to
appoint, dismiss, assign and discipline probation officers, associate probation
officers, probation officers-in-charge, assistant chief probation officers and
chief probation officers; provided further, that the associate probation
officers shall only perform in-court functions and shall assume the in-court
duties of the currently employed probation officers who shall be reassigned
within the probation service subject to collective bargaining agreements to
perform intensive, community-based supervision of probationers, including the
provisions of intensive supervision and community restraint services as
described in item 0339-1004; provided further, that notwithstanding any general
or special law, rule or regulation to the contrary, probation officer personnel
and probation clerical support staff assigned to the courts shall be provided
with suitable office space in their current location in and around the various
divisions and departments of the trial court, as the case may be, or in
suitable office space as appropriate, with the advice and consent of the
commissioner; provided further, that the office shall enter into an interagency
service agreement with the department of revenue to verify income data and to
utilize the 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 the office shall
submit quarterly reports to the house and senate committees on ways and means
detailing the progress of eligibility verification with the department; and
provided further, that the report shall include, but not be limited to, the
number of individuals to be found misrepresenting assets, revenue generated
through collection of indigent client fees, the average indigent client fee
that each court division collects per case since the effective date of this
act, recommendations on improvements in verifying eligibility for counsel and
other pertinent information to ascertain the effectiveness of verification; and
provided further, that not less than $2,000,000 shall be expended for the
commissioner of probation to implement a global positioning system in
collaboration with the Massachusetts parole board utilizing tamper free ankle
bracelets to track level 3 sex offenders actively on parole and sex offenders
currently being supervised by the office of the commissioner of probation and
considered appropriate for tracking by the commissioner............................. $117,890,795
0339-1003 For
the operation of the trial court office of community corrections, including the
costs of personnel................................................................................................... $5,100,000
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 2006; 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 January 30, 2006; and provided further, that the plan shall include
the projected number of probationers to be served by each program and include a
description of the oversight and services provided to the probationers........................................................................................ $12,564,824
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 February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total
number of personnel from private law firms participating in the program; 2)
name and address of the law firms; 3) duties performed by the personnel; and 4)
benefits and cost savings associated with the program; provided further, that
not more than $125,000 shall be expended for a North Dorchester safe
neighborhood initiative, in Suffolk county; provided further, that 50 per cent
of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d)
and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided
further, that not more than $125,000 shall be expended for a safe neighborhood
initiative, in Suffolk county; provided
further, that not less than $150,000 shall be expended for the purpose of a
targeted controlled substance interdiction pilot program to be administered
jointly by the district attorney for Suffolk county and the chiefs of police
for the city of Revere and the town of Winthrop; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than June 1, 2006 which shall include, but not be limited to, the quantity and
nature of drug seizures resulting from the implementation of the pilot program;
provided further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office’s use of drug forfeiture funds, so-called, collected pursuant to chapter
94C of the General Laws; provided further, that the report shall include, but
not be limited to, the following: (a) amount of the funds deposited into the
office’s special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys...... $14,312,233
0340-0101 For the overtime costs of state police
officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
Middlesex District Attorney.
0340-0200 For
the Middlesex district attorney’s office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program, and
the domestic violence unit; provided, that the office shall submit a report to
the house and senate committees on ways and means not later than February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office’s use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) amount of the funds
deposited into the office’s special law enforcement trust fund, so-called, in
fiscal years 2003, 2004 and 2005; (b) how the funds were used in those fiscal
years; and (c) balance of the trust fund as of January 1, 2006; provided, that
the office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by said office in calendar year 2005 and the disposition or status thereof
which shall be delineated by each jurisdiction of the district, juvenile,
probate or superior court in which the cases were managed or prosecuted; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 1, 2006 detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program, so-called; provided further, that the report shall include,
but not be limited to, the following: 1) total number of personnel from private
law firms participating in said program; 2) name and address of the law firms;
3) duties performed by the personnel; and 4) benefits and cost savings
associated with the program; provided further, that no assistant district
attorney shall be paid an annual salary of less than $35,000; and provided
further, that funds may be expended for increases in salaries for assistant
district attorneys........................................................ $11,189,824
0340-0201 For
the overtime costs of state police officers assigned to the Middlesex district
attorney’s office.................................................................................................................... $478,682
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
Eastern District Attorney.
0340-0300 For
the Eastern district attorney’s office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program, and
the domestic violence unit; provided, that the office shall submit a report to
the house and senate committees on ways and means not later than February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office’s use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the General Laws; provided further, that the report
shall include, but not be limited to, the following: (a) amount of the funds
deposited into the office’s special law enforcement trust fund, so-called,
in fiscal years 2003, 2004 and 2005; (b) how the funds were used in
those fiscal years; and (c) balance of the trust fund as of January 1,
2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than $35,000;
provided further, that funds may be expended for increases in salaries for
assistant district attorneys; and provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total
number of personnel from private law firms participating in the program; 2)
name and address of the law firms; 3) duties performed by the personnel; and 4)
benefits and cost savings associated with the program......... $6,781,556
0340-0301 For
the overtime costs of state police officers assigned to the Eastern district
attorney’s office.................................................................................................................... $447,132
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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 February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that $75,000 may be expended for financial criminal investigations; provided
further, that 50 per cent of fees payable pursuant to Massachusetts Rules of
Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall
be paid from this item; provided further, that the office shall submit a report
to the house and senate committees on ways and means not later than February
15, 2006 detailing the office’s use of drug forfeiture funds, so-called,
collected pursuant to chapter 94C of the General Laws; provided further, that
the report shall include, but not be limited to, the following: (a) amount of
the funds deposited into the office’s special law enforcement trust fund, so-called,
in fiscal years 2003, 2004 and 2005; (b) how the funds were used in
those fiscal years; and (c) balance of the trust fund as of January 1,
2006; provided further, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 detailing the total number and use of private
attorneys participating in any volunteer prosecutor program, so-called;
provided further, that the report shall include, but not be limited to, the
following: 1) total number of personnel from private law firms participating in
the program; 2) name and address of the law firms; 3) duties performed by the
personnel; and 4) benefits and cost savings associated with the program;
provided further, that no assistant district attorney shall be paid an annual
salary of less than $35,000; and provided further, that funds may be expended
for increases in salaries for assistant district attorneys ................... $7,220,929
0340-0401 For
the overtime costs of state police officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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 February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office’s use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the General Laws; provided further, that the report
shall include, but not be limited to, the following: (a) amount of the funds
deposited into the office’s special law enforcement trust fund, so-called,
in fiscal years 2003, 2004 and 2005; (b) how the funds were used in
those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total
number of personnel from private law firms participating in the program; 2)
name and address of the law firms; 3) duties performed by the personnel; and 4)
benefits and cost savings associated with the program; provided further,
that no assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys........................................................................... $6,672,786
0340-0501 For the overtime costs of state
police officers assigned to the Hampden district attorney’s office........................................................................................................................................................... $322,619
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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
February 1, 2006 summarizing the number and types of criminal cases managed or
prosecuted by the office in calendar year 2005 and the disposition or status
thereof which shall be delineated by each jurisdiction of the district,
juvenile, probate or superior court in which the cases were managed or
prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office’s use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General
Laws; provided further, that the report shall include, but not be limited to,
the following: (a) amount of the funds deposited into the office’s special law
enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how
the funds were used in said fiscal years; and (c) balance of the trust fund as
of January 1, 2006; provided further,
that the office shall submit a report to the house and senate committees on
ways and means not later than February 1, 2006 detailing the total number and
use of private attorneys participating in any volunteer prosecutor program,
so-called; provided further, that the report shall include, but not be limited
to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall
be paid an annual salary of less than $35,000; provided further, that not less
than $150,000 shall be expended for the salaries and expenses of a children’s
advocacy project; and provided further, that funds may be expended for
increases in salaries for assistant district attorneys.................... $4,391,858
0340-0601 For the overtime costs of state
police officers assigned to the Hampshire/Franklin district attorney’s office................................................................................................................................................. $226,191
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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 February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office’s use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the General Laws; provided further, that the report
shall include, but not be limited to, the following: (a) amount of the funds
deposited into the office’s special law enforcement trust fund, so-called,
in fiscal years 2003, 2004 and 2005; (b) how the funds were used in
those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total
number of personnel from private law firms participating in the program; 2)
name and address of the law firms; 3) duties performed by the personnel; and 4)
benefits and cost savings associated with the program; provided further,
that no assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys........................................................................... $7,312,181
0340-0701 For the overtime costs of state
police officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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 February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office’s use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the General Laws; provided further, that the report
shall include, but not be limited to, the following: (a) amount of the funds
deposited into the office’s special law enforcement trust fund, so-called,
in fiscal years 2003, 2004 and 2005; (b) how the funds were used in
those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total
number of personnel from private law firms participating in the program; 2)
name and address of the law firms; 3) duties performed by the personnel; and 4)
benefits and cost savings associated with the program; provided further,
that no assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys........................................................................... $6,034,575
0340-0801 For the overtime costs of state
police officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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 February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that
the office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 detailing the total number and use of
private attorneys participating in any volunteer prosecutor program, so-called;
provided further, that the report shall include, but not be limited to, the
following: 1) total number of personnel from private law firms participating in
the program; 2) name and address of the law firms; 3) duties performed by the
personnel; and 4) benefits and cost savings associated with the program; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office’s use of drug forfeiture funds, so-called, collected pursuant to chapter
94C of the General Laws; provided further, that the report shall include, but
not be limited to, the following: (a) amount of the funds deposited into the
office’s special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys......................................................................................... $6,203,381
0340-0901 For the overtime costs of state
police officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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; 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
February 1, 2006 summarizing the number and types of criminal cases managed or
prosecuted by the office in calendar year 2005 and the disposition or status
thereof which shall be delineated by each jurisdiction of the district,
juvenile, probate or superior court in which the cases were managed or
prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 1, 2006
detailing the total number and use of private attorneys participating in any
volunteer prosecutor program, so-called; provided further, that the report
shall include, but not be limited to, the following: 1) total number of
personnel from private law firms participating in the program; 2) name and
address of the law firms; 3) duties performed by the personnel; and 4) benefits
and cost savings associated with the program; provided further, that not more than $20,000 be expended for
Cape & Islands Child Advocacy Center at Children’s Cove in Hyannis; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office’s use of drug forfeiture funds, so-called, collected pursuant to chapter
94C of the General Laws; provided further, that the report shall include, but
not be limited to, the following: (a) amount of the funds deposited into the
office’s special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys........ $3,200,380
0340-1001 For the overtime costs of state
police officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
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 February 1,
2006 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2005 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate or
superior court in which the cases were managed or prosecuted; provided further,
that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal
Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid
from this item; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office’s use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the General Laws; provided further, that the report
shall include, but not be limited to, the following: (a) amount of the funds
deposited into the office’s special law enforcement trust fund, so-called,
in fiscal years 2003, 2004 and 2005; (b) how the funds were used in
those fiscal years; and (c) balance of the trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total
number of personnel from private law firms participating in the program; 2)
name and address of the law firms; 3) duties performed by the personnel; and 4)
benefits and cost savings associated with the program; provided further,
that no assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys........................................................................... $2,944,751
0340-1101 For the overtime costs of state
police officers assigned to the
General Fund .............................................................. 11.80%
Highway Fund ............................................................. 88.20%
District Attorneys’
Association.
0340-2100 For
the operation of the Massachusetts District Attorneys’ Association, including
the implementation and related expenses of the district attorneys’ office
automation and case management and tracking system; provided, that expenses
associated with the system may be charged directly to this item; provided
further, that the 11 district attorneys of the commonwealth may contribute a
portion of their fiscal year 2006 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, 2006; 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 2006 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 the association shall submit a report to the house and
senate committees on ways and means not later than January 31, 2006 detailing,
by district attorney office, all sources of revenue, including, but not limited
to, federal and state grants that were received in fiscal year 2005, and the
amount of each source of revenue........................................................... $1,750,056
0340-8908 For
the costs associated with maintaining the association’s wide area network $1,344,453
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 2006 $5,135,418
SECRETARY OF THE
COMMONWEALTH.
Office of the Secretary of the
Commonwealth.
0511-0000 For
the operation of the office of the secretary; provided, that the office shall
submit a report detailing staffing patterns for each program operated by the
office; provided further, that the report shall include, but not be limited to,
actual and functional job titles by program, compensation rates and lengths of
service for each employee; provided further, that the office shall submit the
report not later than January 31, 2006 to the house and senate committees on
ways and means; and provided further, that the secretary may transfer funds
between items 0540-0900, 0540-1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400,
0540-1500, 0540-1600, 0540-1700, 0540-1800, 0540-1900, 0540-2000, 0540-2100
pursuant to an allocation schedule filed with the house and senate committees
on ways and means not less than 30 days before the transfer; provided further,
that each register of deeds using electronic record books shall ensure that all
methods of electronically recording instruments conform to any regulation or
standard established by the state secretary or the records conservation board,
and those regulations shall be promulgated no later than June 30, 2006.......................... $6,767,487
0511-0001 The
state secretary may 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.................................................. $539,562
0511-0230 For
the operation of the records center............................................................. $156,185
0511-0250 For
the operation of the archives facility........................................................... $421,554
0511-0260 For
the operation of the commonwealth museum.............................................. $192,990
0511-0420 For
the operation of the address confidentiality program.................................... $112,991
0517-0000 For
the printing of public documents................................................................ $900,222
0521-0000 For
the operation of the elections division, including preparation, printing and
distribution of ballots and for other miscellaneous expenses for primary and
other elections; provided, that the secretary of state may award grants for
voter registration and education in the cities of Boston, Springfield, Lawrence
and Worcester; provided further, that the registration and education activities
may be conducted by community-based voter registration and education
organizations; and provided further, that the secretary shall submit a report
to the house and senate committees on ways and means not later than January 31,
2006 detailing the amount appropriated for the purposes of providing
reimbursements for the costs of extended polling hours from this item to each
city or town....................................................... $3,676,775
0521-0001 For
the operation of the central voter registration computer system; provided, that
an annual report detailing voter registration activity shall be submitted to
the house and senate committees on ways and means on or before January 31, 2006........................................ $4,496,243
0524-0000 For
providing information to voters.................................................................... $583,744
0526-0100 For
the operation of the
0527-0100 For
the operation of the ballot law commission................................................... $12,380
0528-0100 For
the operation of the records conservation board............................................ $39,307
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 AND
RECEIVER-GENERAL.
Office of the Treasurer and
Receiver General.
0610-0000 For
the office of the treasurer and receiver-general; provided, that the treasurer
shall provide computer services required by the teachers’ retirement board;
provided further, that 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 January 31, 2006; and provided further, that the treasurer’s office
shall pay half of the administrative costs of the municipal finance oversight
board from this item.................................................................................... $7,240,296
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; 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................................................................................. $1,868,212
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......................................................................... $75,000
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...................... $16,100,000
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.............................................. $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 $68,690,397
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; and provided further, that 25
per cent of the amount appropriated in this item shall be transferred quarterly
from the State Lottery Fund to the General Fund.. $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
the costs of the anti-litter program; provided, that said lottery may continue
to 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
2006 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, AFL-CIO; provided, that the
contributions shall be paid to the trust fund on such basis as the collective
bargaining agreement provides; and provided further, that 25 per cent of the
amount appropriated in this item shall be transferred quarterly from the State
Lottery Fund to the General Fund $355,945
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; and 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........................................................ $7,400,000
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; and 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, 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 the 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.......................................................................................................... $1,500,000
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, 2006, 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, 2006; 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..................................................................................................... $1,626,196,000
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...... $65,330,000
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
the funds in accordance with the schedule; and provided further, that any
deficit in this item at the close of the fiscal year ending June 30, 2006 shall
be charged to the various funds or to the General Fund or highway fund debt
service reserves............................ $20,950,000
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................................................ $67,408,000
0699-9200 For
certain debt service contract assistance to the Massachusetts Development
Finance Agency in accordance with chapter
23G of the General Laws...................... $13,281,000
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 December 1, 2004
delineating the privatization contracts reviewed and monitored during fiscal
year 2004; provided further, that the report shall further detail the number of
full-time equivalent positions assigned by the office for the review of each of
the privatization contracts; provided further, that not less than $67,250 shall
be expended for the position of executive director of the central artery/third
harbor tunnel project oversight coordination commission, as established in
section 2B of chapter 205 of the acts of 1996, such that the position may
continue to provide administrative and investigative functions to the
commission in a manner that is consistent with said section 2B; provided
further, that the auditor’s office shall pay half of the administrative costs
of the municipal finance oversight board from this item......................... $15,125,688
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 for administration and finance a report detailing the claims
submitted to the state treasurer for payment under item 0810-0004 indicating
both the number and costs for each category of claim; provided further, that
not more than $250,000 shall be expended 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 the
Dorchester district of the city of Boston and in the city of New Bedford;
provided further, that the public proceedings unit shall review the water rate
increases; provided further, that not more than $240,000 shall be expended for
the operation of a child protection unit; provided further, that funds may be
expended for the commission on uniform state laws; provided further, that
$50,000 shall be expended for the Trauma Intervention Program of Merrimack
Valley; and provided further, that $260,000 shall be expended for the Ella J.
Baker House in the city of Boston for violence prevention programs for
high-risk youth............................................................................................................... $21,998,002
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 rental costs and unavoidable space rental lease obligations associated with
certain divisions of the office of the attorney general located in the Leverett
Saltonstall building................................................................................................................. $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 and provided
further, that not less than $200,000 shall be expended for the expenses of
legal and technical personnel and associated administrative and travel expenses
relative to participation in regulatory proceedings at the Federal Energy
Regulatory Commission on behalf of
Massachusetts ratepayers..................... $1,609,028
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 of said chapter 111................................................................... $2,687,349
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............................................................................ $3,105,528
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................................................................... $1,389,979
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
$280,164; 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 the unit shall investigate and report on all companies
not in compliance with chapter 152 of the General Laws.............................................................. $280,164
Victim and Witness Assistance
Board
0840-0100 For
the operation of the victim and witness assistance board; provided, that the
board shall submit a comprehensive report compiled from the information
required of and submitted to the office by the trial court, the registry of
motor vehicles and the state treasurer relative to the collection of
assessments for the previous calendar year under section 8 of chapter 258B of
the General Laws; and provided further, that the report shall be submitted to
the house and senate committees on ways and means on or before February 15,
2006 ....................... $398,845
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 Belchertown district courts; provided
further, that funds may be expended by the Massachusetts office for victim
assistance to administer the program; and provided further, that said office
shall submit to the house and senate committees on ways and means not later
than February 3, 2006 a report detailing the effectiveness of contracting for
said program including, but not limited to, the number and types of incidents
to which such advocates responded, the types of services and service referrals
provided by such domestic violence advocates, the cost of providing such
services and the extent of coordination with other service providers and state
agencies........................................................................... $619,073
STATE ETHICS COMMISSION.
0900-0100 For
the operation of the state ethics commission........................................... $1,415,000
OFFICE OF THE INSPECTOR
GENERAL
0910-0200 For
the operation of the office of the inspector general.................................... $2,600,000
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 AND
POLITICAL FINANCE.
0920-0300 For
the operation of the office of campaign and political finance....................... $1,078,287
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, 2006 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 10 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; 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................................................................ $8,448,692
EXECUTIVE OFFICE FOR
ADMINISTRATION AND FINANCE.
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, 2005; 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, 2005 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; provided
further, that the secretary, in consultation with the state secretary, shall
report, not later than March 31, 2006, 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; and provided further,
that the budget director shall report on a quarterly basis to the house and
senate committees on ways and means the status of all cost avoidance projects
which are undertaken pursuant to item 1000-0001.......................................... $3,433,853
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 $6,100,000 in revenues
collected from rentals, commissions, fees, parking fees and any and all other
sources pertaining to the operations of said center; provided, that
notwithstanding any general or special law to the contrary, and for the purpose
of accommodating discrepancies between the receipt of retained revenues and
related expenditures, the division may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate therefore as reported in the state accounting
system...................................... $6,100,000
1102-3206 For
the costs associated with the maintenance and security of surplus state
properties; provided, that the commissioner of the division of capital asset
management and maintenance shall transfer care and control of a certain parcel
of land with the building thereon, located at 291 Summer Street, Lowell and
recorded with the Middlesex county northern district registry of deeds, Book
1491, Page 170, to the Middlesex sheriff; provided further, that the
commissioner of the division of capital asset management and maintenance shall
complete study number SDE 0301ST1 regarding the site location of the proposed
regional holding facility in Essex county by July 31, 2005; 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; and 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, 2005 and 2006 to the house and
senate committees on ways and means on or before January 11, 2006............................................................................................................. $359,208
1102-3214 For
the state transportation building; provided, that the division may expend
revenues collected up to a maximum of $6,840,000 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........................................................ $6,840,000
1102-3231 For
the Springfield state office building; provided, that the division may expend
not more than $700,000 in revenues from rents charged to agencies occupying the
building for the maintenance and operation of the building; and provided
further, that for the purpose of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the division may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system........................................................................................ $700,000
1102-3232 For
the division of capital asset maintenance and management; provided, that the
division may expend not more than $300,000 received from application fees
charged in conjunction with the certification of contractors and subcontractors
pursuant to section 44D of chapter 149 of the General Laws; and provided
further, that only expenses, including staffing, incurred to implement and
operate the certification program shall be funded from this item.................... $300,000
Bureau of State Office
Buildings.
1102-3301 For
the operation of the bureau and for the maintenance and operation of buildings
under the jurisdiction of the state superintendent of buildings; provided, that
the bureau shall retain jurisdiction over all contracts, purchases and payments
for materials and services required in the operation of the bureau................................................................................ $6,549,189
1102-3302 For
the purposes of utility costs and associated contracts for the properties
managed by the bureau of state office buildings..................................................................... $5,061,342
1102-3305 For
the maintenance and joint operation of the state house under the jurisdiction
of the state superintendent of state office buildings and the legislature’s
joint committee on rules; provided, that the bureau shall work in coordination
with the house of representatives and the senate relative to the maintenance,
repair, purchases and payments for materials and services, including ongoing
Americans with Disabilities Act (ADA) maintenance and improvements required in
the operation of the state house ..................................................... $750,000
Office on Disability.
1107-2400 For
the office on disability; provided, that $125,000 shall be used to develop
training materials for employees working in the state house on the Americans
With Disabilities Act, including how to assist people with disabilities within
the state house ........................................ $730,280
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..................................................................................... $1,746,915
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......... $478,073
Group Insurance Commission.
1108-5100 For
the administration of the group insurance commission; provided, that the
commission shall generate the maximum amounts allowable under the federal
Consolidated Omnibus Budget Reconciliation Act, as amended, and from
reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the
General Laws.......................................................... $2,291,969
1108-5200 For
the commonwealth’s share of the group insurance premium and plan costs incurred
in fiscal year 2006; 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 self insured plans
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 prior year costs; provided
further, that the group insurance commission shall obtain reimbursement for
premium and administrative expenses from other agencies and authorities not
funded by state appropriation; provided further, that the secretary of
administration and finance may charge all agencies for the commonwealth’s share
of the health insurance costs incurred on behalf of any employees of those
agencies who are on leave of absence for a period of more than 1 year; provided
further, that the amounts received in payment for the charges shall be credited
to the General Fund; provided further, that notwithstanding section 26 of
chapter 29 of the General Laws, the commission may negotiate, purchase and
execute contracts before July 1 of each year for policies of group insurance as
authorized by chapter 32A of the General Laws; provided further, that
notwithstanding chapter 150E of the General Laws and as provided in section 8 of
chapter 32A and for the purposes of section 14 of chapter 32A, the
commonwealth’s share of the group insurance premium for state employees who
have retired before July 1, 1994 shall be 90 per cent and the commonwealth’s
share of the group insurance premium for state employees who have retired on or
after July 1, 1994 shall be 85 per cent; provided further, that the
commonwealth’s share of the group insurance premium for active employees upon
retirement shall be 85 per cent; provided further, that notwithstanding section
8 of chapter 32A of the General Laws, the commonwealth’s share of the premiums
for active state employees and their dependents whose salary, as determined by
the 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
the premiums and rates; provided further, that the commonwealth’s share of the
premiums for active state employees and their dependents whose salary, as
determined by the commission in consultation with the human resources division
and the office of the state comptroller, is $35,000 or more shall be 80 per
cent of the premiums and rates; provided further, that the preceding provisions
pursuant to employee contributions shall expire December 31, 2005 at which time
the commonwealth’s share of the premiums for active state employees and their
dependents shall be 85 per cent; provided further, that the commonwealth’s
share of 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 the preceding provision pursuant to employee
contributions shall expire December 31, 2005 at which time the commonwealth’s
share of the premiums for active state employees hired after June 30, 2003 and
their dependents shall be 80 per cent; and provided further, that the
commission shall notify the house and senate committees on ways and means by
March 1 of each year of the cost of the commonwealth’s projected share of group
insurance premiums for the next fiscal year.............................................................. $949,010,107
1108-5350 For
elderly governmental retired employee premium payments........................ $1,088,542
1108-5400 For
the costs of the retired municipal teachers’ premiums and the audit of such
premiums............................................................................................................... $64,161,035
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.............................................. $6,638,836
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; and
provided further, that every decision issued by a commissioner or other head of
agency, or designee, following the issuance of a recommended decision by an
administrative law judge of the division, shall be an agency decision subject
to judicial review pursuant to chapter 30A of the General Laws............................................................................................. $1,102,144
George Fingold Library.
1120-4005 For
the administration of the library; provided, that the 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 July 1, 2002;
provided, that on or before November 1, 2005 the commission shall submit to the
house and senate committees on ways and means a report on the total number of
all currently pending cases and the total number of such cases in the
investigation, conciliation, post-probable cause and pre-public hearing and
post-hearing stages; provided further, that the commission shall file an update
of the report with the committees on or before March 1, 2006; provided further,
that the commission shall identify in such reports the number of cases in which
the commission has determined there is probable cause to believe that a violation
of chapter 151B of the General Laws has been committed in a case in which the
Massachusetts Bay Transportation Authority is named as a respondent; provided
further, that the commission shall report to the house and senate committees on
ways and means on or before November 1, 2005 the number of cases pending before
the commission in which a state agency or state authority is named as a
respondent, specifying those cases in which the Massachusetts Bay
Transportation Authority is named as a respondent, and the number of the cases
in which there is probable cause to believe that a violation of said chapter
151B has been committed; provided further, that the commission shall include in
such report the total number of new cases filed in fiscal year 2005 and the total
number of cases closed by the commission in fiscal year 2005; provided further,
that funds made available in this item shall be in addition to funds available
in item 1150-5104; provided further, that all positions, except clerical, shall
be exempt from chapter 31 of the General Laws; and provided further, that the
commission shall pursue the highest allowable rate of federal reimbursement... $1,526,374
1150-5104 The
Massachusetts commission against discrimination may expend not more than
$2,467,982 from revenues from federal reimbursements received for the purposes
of the United States Department of Housing and Urban Development fair housing
type 1 program and the equal opportunity resolution contract program during
fiscal year 2006 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,
Springfield, Pittsfield, Fall River, and Worcester and in the Hyannis section
of the town of Barnstable; provided further, that the department shall provide
to the general court access to the municipal data bank; 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............................................................... $116,943,409
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; and provided further, that
notwithstanding any general or special law to the contrary, for the purpose of
accommodating timing discrepancies between the receipt of revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment the amounts not to exceed the lower of this authorization or the
most recent revenue estimate therefore as reported in the state accounting
system........................................................................................................... $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 those agencies may expend the funds for the purposes of this item;
provided further, that all such allocations shall be reported quarterly to the
house and senate committees on ways and means upon the allocation of said
funds; provided further, that the federal receipts associated with the child
support computer network shall be drawn down at the highest possible rate of
reimbursement and deposited into a revolving account to be expended for the
network; provided further, that federal receipts associated with child support
enforcement grants shall be deposited into a revolving account to be drawn down
at the highest possible rate of reimbursement and to be expended for the grant
authority, 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 notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment the amounts not to exceed the lower
of the authorization or the most recent revenue estimate therefor as reported
in the state accounting system for federal incentives and said network in
accounts 1201-0161 and 1201-0410............................................................................................................... $48,252,766
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............................................................................................ $12,500,000
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................... $18,200,000
1232-0200 For
the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board
established by section 8 of chapter 21J of the General Laws and for the
administration of the underground storage tank program associated with the
implementation of 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 the
administrative expenses of the underground storage tank program; provided
further, that the board shall submit to the house and senate committees on ways
and means a report on the status of the underground storage program, including,
but not limited to, the number of municipal grants made for the removal and
replacement of underground storage tanks and the reimbursements for remediated
petroleum spills; provided further, that the report shall detail how many tanks
are out of compliance with said chapter 21J; and provided further, that the
report shall be submitted not later than February 16, 2006....................................... $2,026,989
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 December 1, 2005 on the number of hearings held at each
location...................................................................... $1,766,095
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 the 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................................ 100.00%
1410-0010 For
the operation of the department of veterans’ services; provided, that the
department may fund a housing specialist from this item; provided further, that
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; 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 Korean War Memorial located in the shipyard park of the
Charlestown Navy Yard; and provided further, that the department may expend
funds for the Glory 54th Brigade................................................................................................................. $1,909,209
1410-0012 For
services to veterans, including the maintenance and operation of outreach
centers; provided, that the centers shall provide counseling to incarcerated
veterans and to Vietnam era veterans and their families who may have been
exposed to agent orange; provided further, that 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 $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 Nam Vets Association of the Cape and Islands in
the Hyannis section of the town of Barnstable; 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
$30,000 shall be expended for the oral history project at the Morse Institute
Library in Natick; provided further, that not less than $100,000 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 ................................................................................................. $1,294,420
1410-0015 For
the women veterans’ outreach program........................................................ $42,281
1410-0018 The
department may expend not more than $300,000 for the maintenance and operation
of Agawam and Winchendon veterans’ cemeteries from revenue collected from fees,
grants, gifts or other contributions to the cemeteries; prior appropriations
continued ................. $300,000
1410-0100 For
the revenue maximization project of the executive office of elder affairs to
identify individuals eligible for veterans’ pensions who are currently
receiving home health care services $98,000
1410-0250 For
homelessness services; provided, that not less than $475,105 shall be obligated
for a contract with the central Massachusetts Shelter for Homeless Veterans in the
city of Worcester; provided further, that not less than $352,395 shall be
obligated for a contract with the Southeastern Massachusetts Veterans Housing
Program, Inc. in the city of New Bedford; provided further, that $100,350 shall
be obligated for a contract with the Veterans Benefit Clearinghouse in the
Dorchester section of the city of Boston; provided further, that not less than
$199,405 shall be obligated for a contract with Unity House in the city of
Gardner; provided further, that not less than $75,000 shall be obligated for a
contract with the Transition House 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 $28,350 shall be obligated for a contract with the Homestead
in the town of Hyannis; provided further, that not less than $200,000 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 in the Roxbury section of the city of Boston; provided further,
that not less than $44,888 shall be provided for a contract with the Mansion in
the city of Haverhill; provided further, that not less than $200,000 shall be
obligated for a contract with the United Veterans of America shelter in the
town of Leeds; and provided further, that not less than $190,000 shall be
obligated for a contract with Habitat P.L.U.S. in the city of Lynn.......................................................................... $2,013,318
1410-0251 For
the maintenance and operation of homeless shelters and transitional housing for
veterans at the New England Shelter for Homeless Veterans located in the city
of Boston.. $2,258,043
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
2006 shall not exceed the amount appropriated herein; and provided further,
that the secretary of veterans’ services shall file with the house and senate
committees on ways and means a report detailing the number of applications
received for annuities offered under this program at the end of each fiscal
quarter................................................................................. $12,339,263
1410-0400 For
reimbursing cities and towns for money paid for veterans’ benefits and for
payments to certain veterans under section 6 of chapter 115 of the General
Laws; provided, that notwithstanding any general or special law to the
contrary, 100 per cent of the amounts of veterans’ benefits paid by cities and
towns to residents of a soldiers’ home shall be paid by the commonwealth to the
several cities and towns; provided further, that pursuant to section 9 of said chapter
115, the department shall reimburse cities and towns for the cost of United
States flags placed on the graves of veterans on Memorial Day; provided
further, that notwithstanding any general or special law to the contrary, the
secretary of 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 the training program shall be to maximize federal
assistance available for veterans and to assure that the agents and directors
receive uniform instruction on providing veterans and dependents with advice
relative to procurement of state, federal and local benefits to which they are
entitled, including employment, education, health care, retirement and other
veterans’ benefits; provided further, that the subject matter of the training
program shall include benefits available under said chapter 115 and alternative
resources, including those which are partially or wholly subsidized by the
federal government, such as Medicaid, Supplemental Security Income and Social
Security Disability benefits, as well as federal pension and compensation
entitlements; provided further, that the secretary shall promulgate regulations
for the training program; provided further, that upon successful participation
by the veterans’ agents or directors of veterans’ services in the training
program, the costs of the training program incurred by the several cities and
towns shall be reimbursed by the commonwealth on or before November 10
following the fiscal year in which the costs were paid; provided further, that
any person applying for veterans’ benefits to pay for services available under
chapter 118E of the General Laws, shall also apply for medical assistance under
said chapter 118E to minimize cost of the commonwealth and its municipalities;
provided further, that veterans’ agents shall complete applications authorized
by the executive office under said chapter 118E for any veteran, widow and
dependent applying for medical assistance under said chapter 115; provided
further, that the veterans’ agent shall file the application for the veteran or
dependent for assistance under said chapter 118E; provided further, that the
executive office shall act on all said chapter 118E applications and advise the
applicant and the veterans’ agent of the applicant’s eligibility for said
chapter 118E healthcare; provided further, that the veterans’ agent shall
advise the applicant of the right to assistance for medical benefits under said
chapter 115 pending approval of the application for assistance under said
chapter 118E by the executive office provided further, that the secretary may
supplement healthcare pursuant to said chapter 118E with healthcare coverage
under said chapter 115 if he determines that supplemental coverage is necessary
to afford the veteran or dependent sufficient relief and support; provided
further, that payments to or on behalf of a veteran or dependent pursuant to
said chapter 115 shall not be considered income for the purposes of determining
eligibility under said chapter 118E; and provided further, that benefits
awarded pursuant to section 6B of said chapter 115 shall be considered
countable income......................................................... $13,805,284
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 $14,735,000
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
department of early education and care 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 commonwealth ............................................................................................................... $12,500,000
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........................ $5,337,628
1599-0050 For
Route 3 North contract assistance payments......................................... $26,755,000
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 $55,166,537
1599-1970 For
a reserve for the Massachusetts turnpike authority for costs incurred in fiscal
year 2005 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, 2005 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 2004 and 2005; (b) 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; (c) information on the transponder program including, but not
limited to, the number and cost of transponders leased or purchased, costs
associated with maintenance and warranties for the transponders, the useful
life of the transponders, the number of incidents when transponders failed or
malfunctioned, the number of transponders that were damaged, estimated costs of
continuing the 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 (d) any other information that the secretary
determines is necessary to account for and explain the extraordinary
expenditure of state appropriations for the control and removal of snow and
ice; and provided further, that the report indicates how many salt storage
facilities in the commonwealth are in conformance with section 7A of chapter 85
of the General Laws and how many are not....................................................................... $10,500,000
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 the current fiscal year or a prior fiscal year; provided,
that the comptroller shall report quarterly to the house and senate committees
on ways and means on the amounts expended from this item; 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-DPW, United States
District Court of Massachusetts........................................................................................... $4,837,211
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 January 1,
1992, 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, and which have been completed, as determined by
the department, on or before the promulgation date of the department’s
regulations related to the implementation of the federal Safe Drinking Water
Act $7,852,853
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 ................................................................................................................. $9,465,260
1599-3856 For
rent and associated costs at the
1599-3857 For
capital lease payments from the
1599-4408 For
a reserve for costs incurred to comply with the provisions of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L.
104-193), or any successor federal statute, including but not limited to, state
work participation requirements, subsequent to the expiration of the
commonwealth’s federal welfare waiver on September 30, 2005, or with any
additional costs or requirements imposed as a result of any legislation enacted
by the general court subsequent to reauthorization of the federal temporary aid
for needy families block grant; provided, that not less than $6,000,000 shall
be made available to the department of transitional assistance for additional
services in item 4401-1000, the employment services program, administered
within the department; provided further, that not less than $6,000,000 shall be
made available to the department of early education and care for additional
child care vouchers and contracts, according to the provisions of item
3000-4050 and for the administration of the vouchers and contracts by child
care resource and referral agencies, according to the provisions of item
3000-2000; provided further, that the secretary of administration and finance,
the commissioner of the department of transitional assistance and the
commissioner of the department of early education and care, shall, not later
than January 15, 2006, jointly issue a preliminary report, and not later than
April 1, 2006, issue a final report on planned expenditures from this item, on
any federal actions impacting the state transitional assistance program, and on
any legislative proposals the department may recommend in response to the
actions; provided further, that, if the reports include legislative or
administrative recommendations in response to federal actions, the reports
shall include a description of all new requirements proposed to be imposed on
recipients of transitional aid to families with dependent children as a result
of federal actions, an analysis of the individuals proposed to be subject to
work requirements as a result of the actions, including an analysis of which
individuals may reasonably be expected to obtain employment with proper
assistance and which require an alternative plan or strategy for achieving
self-sufficiency, and a detailed plan for addressing the needs of any recipient
who would be subject to work requirements under such proposal; provided
further, that the reports shall be provided to the chairpersons of the house
and senate ways and means committees, the house and senate chairpersons of the
joint committee on children and families and the house and senate chairpersons
of the joint committee on education; and provided further, that nothing in the
foregoing authorizes the department of transitional assistance to impose rules
or requirements that are not authorized by section 110 of chapter 5 of the acts
of 1995..................................................................................... $12,000,000
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 executive office of health and human services 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, 2006, the executive office
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 2006 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 2006 cost of salary adjustments and any other associated employee
costs authorized thereunder shall not exceed $20,000,000; provided further,
that $14,000,000 shall be expended in fiscal year 2006 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 $6,000,000 shall
be expended in fiscal year 2006 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 2007 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,
2006, have developed a plan for the spending of all funds for fiscal year 2006,
and developed a sound fiscal spending plan for fiscal year 2007; 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, 2006 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, 2006; provided further, that the board shall also provide a projection of
all county funds to be collected for fiscal year 2006 and 2007; provided
further, that the board shall release all funds from fiscal year 2006
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 the 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
1599-7780 For
a reserve for the costs of rent and relocation for the eastern district
attorney’s office; provided further, that no less than $118,000 shall be
expended for the Norfolk district attorney’s office................................................................................................................. $1,358,000
Human Resources Division.
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 the
division shall administer a program of state employee unemployment management,
including, but not limited to, agency training and assistance; provided
further, that the division shall administer the statewide classification
system, including, but not limited to, maintaining a classification pay plan
for civil service titles within the commonwealth in accordance with generally
accepted compensation standards and reviewing appeals for reclassification;
provided further, that the secretary for administration and finance shall file
with the house and senate committees on ways and means the amounts of any and
all economic benefits necessary to fund any incremental cost items contained in
any collective bargaining agreements with the various classified public
employees’ unions; provided further, that the nature and scope of economic
proposals contained in 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...................................................................... $3,846,396
1750-0102 The
human resources division may expend not more than $1,327,500 from revenues
collected from fees charged to applicants for civil service and non-civil service
examinations and fees charged for the costs of goods and services rendered in
administering training programs; provided, that the division shall collect from
participating non-state agencies, political subdivisions, and the general
public fees sufficient to cover all costs of the programs, including, but not
limited to, a fee to be collected from each applicant for a civil service
examination or non-civil examination, notwithstanding paragraph (n) of section
5 of chapter 31 of the General Laws or any other general or special law to the
contrary; and provided further, that notwithstanding any general or special law
to the contrary, for the purpose of accommodating timing discrepancies between
the receipt of retained revenues and related expenditures, the division may
incur expenses and the comptroller may certify for payment amounts not to
exceed the lower of this authorization or the most recent revenue estimate
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
human resources division may expend not more than $250,000 from revenues
collected for implementation of the medical and physical fitness standards program
established pursuant to sections 61A and 61B of chapter 31 of the General Laws
and chapter 32 of the General Laws; provided, that the personnel administrator
shall charge a fee of not less than $50 to be collected from each applicant who
participates in the physical ability test; provided further, that the human
resources division shall submit a semi-annual report to the house and senate
committees on ways and means detailing all expenditures on the program
including, but not limited to, the costs of personnel, consultants,
administration of the wellness program, establishment of standards and any
other related costs of the program; and provided further, that the division
shall report to the house and senate committees on ways and means by February
1, 2006 on the projected costs of the program for fiscal year 2006 ........................................... $250,000
1750-0300 For
the commonwealth’s contributions in fiscal year 2006 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...................................... $21,286,962
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; provided further, that notwithstanding any general or
special law to the contrary, the division of purchased services of the
operational services division which, under section 274 of chapter 110 of the
acts of 1993, is responsible for determining prices for programs under chapter
71B of the General Laws, shall set all such prices in fiscal year 2006 by
increasing the final fiscal year 2005 price by the rate of inflation as
determined by the division; provided further, that the division shall also
adjust prices for Extraordinary Relief, as defined in 808 CMR 1.06(4); provided
further, that the department shall accept applications for Program
Reconstruction in fiscal year 2006; provided further, that programs for which
prices in fiscal year 2005 were lower than the full amount permitted by the
division of purchased services shall be permitted to charge in fiscal year 2006
the full price calculated for fiscal year 2005 adjusted by the rate of
inflation as determined by the division; provided further, that upon the
request of a program, the operational services division shall authorize a
minimum price for the program to charge out-of-state purchasers; and provided
further, that the division shall determine said minimum price for out-of-state
purchasers by identifying the most recent price calculated for the program and
applying the estimated rates of inflation which are established by December 1
of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a
compounded manner for each fiscal year following the most recent calculated
price.......................................................................................... $2,033,309
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 not more than $100,000 in revenues
from the sale of state surplus personal property, including the payment,
expenses and liabilities for the acquisition, warehousing, allocation and
distribution of surplus property; provided, that for the purpose of
accommodating discrepancies between the receipt of retained revenues and
related expenditures, the operational services division may incur expenses and
the comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state
accounting system, including the costs of personnel.................................................................................................................... $100,000
1775-0700 The
operational services division may expend not more than $53,000 in revenues
collected in addition to the amount authorized in item 1775-1000 of section 2B,
for printing, photocopying, related graphic art or design work and other
reprographic goods and services provided to the general public, including all
necessary incidental expenses................................. $53,000
1775-0900 The
operational services division may expend not more than $55,000 in revenues
collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter
7 of the General Laws, including the costs of personnel, from the sale of
federal surplus property, including the payment, expenses and liabilities for
the acquisition, warehousing, allocation and distribution of federal surplus
property; provided, that for the purpose of accommodating discrepancies between
the receipt of retained revenues and related expenditures, the operational
services division may incur expenses and the comptroller may certify for
payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system .......................................................................................................... $55,000
1775-1100 The
operational services division may expend not more than $500,000 in revenues
collected from the disposal of surplus motor vehicles, including, but not
limited to, state police vehicles from vehicle accident and damage claims and
from manufacturer warranties, rebates and settlements, for the purchase of
motor vehicles; provided, that the division shall evaluate the use of
technology, the internet, and online
auctions to enhance the sales of surplus vehicles and submit a report of its
findings to the house and senate committees on ways and means, and the house
and senate committees on post audit and oversight on or before October 1,
2005; and provided further, that for the
purpose of accommodating discrepancies between the receipt of retained revenues
and related expenditures, the operational services division may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower of
this authorization or the most recent revenue estimate as reported in the state
accounting system, including the costs of personnel...................................................................... $500,000
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, 2006 with actual and projected savings and expenditures for the audits
in the fiscal year ending June 30, 2006; 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................................................................................................................. $4,994,753
1790-0300 The
information technology division may expend not more than $467,837
from revenues collected from the provision of computer resources and
services to the general public for the costs of the bureau of computer
services, including the purchase, lease or rental of telecommunications lines,
services and equipment........................................... $467,837
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 the
secretary shall file a plan with the house and senate committees on ways and
means and to the joint committee on the environment, natural resources and
agriculture 90 days prior to the initiation of any proposal or plan that would
consolidate any function with any of the departments or divisions under said
secretariat or any department, division or office under the executive office of
administration and finance; provided further, that the plan shall include, but
not be limited to the following: (1) an identification of the employees that
would be affected by consolidation and the item of appropriation that they are
paid from, (2) the savings or efficiencies to be realized, (3) the improvements
to the services expected, and (4) the source and amount of funding necessary to
accomplish the consolidation; and provided further, that the secretary shall
provide a 90 day notice prior to the implementation of any memorandum of
understanding, interagency service agreements, or other contacts, or agreements
that would enable such consolidation of services to take place; provided
further, that $75,000 shall be expended for a study of traffic patterns during
rush hour commutes on DCR controlled roadways serving Lynn, Swampscott and
Nahant; provided further, that not less than $40,000 shall be expended for the
completion of a comprehensive cost study of a master plan for the maintenance
and improvement of all property under the care, custody and control of the
division in the West Roxbury section of the City of Boston including such
measures but not limited to the planting, pruning, reforestation, enhancement
of pedestrian access walks and the removal of leaves, snow and debris in said
property; provided further, that not less than $50,000 shall be transferred to
the Boston Harbor Islands Alliance for costs associated with the new visitor
contact station known as the Harbor Park Pavilion on Parcel 14 of the Rose
Kennedy Greenway; provided further, that funds may be expended for volunteer
water monitoring grants; provided further, that not less than $50,000 shall be
expended for new flood insurance rate maps for Salisbury beach; and provided
further, that $150,000 shall be expended for a coastal water quality and
natural resource monitoring program in Buzzards Bay administered by the
Coalition for Buzzards Bay................................................................................................................. $6,309,486
2000-9900 For
the office of geographic and environmental information established in section
4B of chapter 21A of the General Laws................................................................................ $280,944
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 further,
that funds may be expended for a recycling industry reimbursement program
pursuant to section 24I of chapter 43 of the acts of 1997; and provided
further, that funds may be expended on municipal recycling incentives and
equipment grants........................................................................................ $2,340,647
2010-0200 For
redemption centers; provided, that the department of environmental protection
shall expend the funds appropriated in this item for a program to preserve the
continuing ability of redemption centers to maintain operations in pursuit of
the commonwealth’s recycling goals consistent with section 323 of chapter 94 of
the General Laws; provided further, that for the purposes of this item and said
chapter 94, a redemption center shall be any business registered with the
commonwealth whose primary purpose is the redemption of reusable beverage
containers; provided further, that 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 the redemption centers shall be eligible
for such funds if they were registered with the commonwealth as of April 1,
2003 . $1,375,000
2020-0100 For
toxics use reduction technical assistance and technology in accordance with
chapter 21I of the General Laws........................................................................................ $1,304,700
2030-1000 For
the operation of the office of environmental law enforcement; provided, that
officers shall provide monitoring pursuant to the National Shellfish Sanitation
Program; provided further, that the department shall maintain and operate the
boat registration and titling offices in Hyannis and Fall River; and provided
further, that funds from this item shall not be expended for the purposes of item
2030-1004; and provided further, that $100,000 shall be expended for the cost
of patrols performed by environmental law enforcement officers within
properties controlled by the division of state parks and recreation...................................................................... $10,013,746
2030-1004 For
environmental police private details; provided, that the office may expend
revenues of up to $250,000 collected from the fees charged for private details;
provided further, that notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of retained revenues and related expenditures, the department may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate therefor as
reported in the state accounting system....................................................................... $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 that
$168,000 shall be expended for sediment control in Lake Webster; provided
further, that $25,000 shall be expended to investigate the contamination of the
Barnes Aquifer, located in the towns of Southampton and Easthampton and the
cities of Holyoke and Westfield, provided further, that the department shall
provide an overview of the extent of contamination and estimated cost to
provide potable water to all effected residents to the House and Senate
committees on ways and means no later than March 1, 2006; provided further,
that not less than $100,000 shall be expended by DEP to complete the
collaborative effort among EOEA, DCR, Mass Highway and the Massachusetts
Historic Commission to complete and publish the final document “Historic
Parkways Preservation Treatment Guidelines; and 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................................................................ $30,159,434
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 January 11, 2006 on implementation of the wetlands fee, the amount of the
fee increase and the revenue that has been collected; and provided further,
that the wetlands fees that were directed into the General Fund shall not be
lower than the amount deposited at the end of fiscal year 2004................................................................................................................. $1,200,000
2210-0100 For
the implementation and administration of chapter 21I of the General Laws;
provided, that the department shall submit a report to the house and senate
committees on ways and means not later than February 1, 2006 detailing the
status of the department’s progress in meeting the statutory and regulatory
deadlines associated with chapter 21I and detailing the number of full-time equivalent
positions assigned to various implementation requirements of chapter 21I .................................................................................................................... $918,782
2220-2220 For
the administration and implementation of the federal Clean Air Act, including
the operating permit program, the emissions banking program, the auto-related
state implementation program, the low emission vehicle program, the
non-auto-related state implementation program, and the commonwealth’s
commitments under the New England Governor’s/Eastern Canadian Premier’s Action
Plans for reducing acid rain deposition and mercury emissions............. $1,001,064
2220-2221 For
the administration and implementation of the operating permit and compliance
program required under the federal Clean Air Act........................................................ $1,882,993
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........................................................ $1,520,085
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...................................................................................... $14,311,075
2260-8872 For
the brownfields site audit program........................................................... $1,749,676
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....................... $341,656
Department of Fish and Game
2300-0100 For
the office of the commissioner; provided, that the commissioner’s office shall
assess and receive payments from the division of marine fisheries, the division
of fisheries and wildlife, the public access board, the riverways programs, and
all other programs under the control of the department of fish and game;
provided further, that the purpose of those assessments shall be to cover
appropriate administrative costs of the department, including but not limited
to payroll, personnel, legal and budgetary costs; and provided further, that
the 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 nonpublic entities; provided, that
the positions funded in this item shall not be subject to chapter 31 of the
General Laws...................................... $450,829
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
2005 for such research; 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 the
department of fish and game, the division of fisheries and wildlife and the
fisheries and wildlife board shall submit a joint report to the house and
senate committees on way and means by September 1, 2005 detailing a 5-year plan
for the expenditures of the surplus of funds in the Inland Fish and Game Fund; provided
further, that funds may be expended to supplement the natural heritage and
endangered species program; provided further, that $50,000 in matching funds
shall be provided to the National Marine Life Center for wetland restoration; provided
further, that the executive office shall conduct a study on the severity of
invasive weeds in the Commonwealth’s bodies of natural water; provided further,
that said study shall include, but not be limited to the costs associated with
full clean-up and eradication, a priority list of projects, an analysis of
future environmental concerns stemming from invasive weeds, and plans for
communities to prevent future growth of invasive weeds; provided further, that
the executive office shall also conduct a study of the advantages and
disadvantages of future maintenance of invasive weeds in the state; and
provided further, that the executive office shall report to the general court
the results and recommendations, if any, together with drafts of legislation
necessary to carry out recommendations into effect by filing the same with the
clerk of the house of representatives, the house and senate committees on ways
and means, and the joint committee on environment, natural resources and
agriculture on or before the last Wednesday of February 2006 $8,700,000
Inland Fisheries and Game
Fund............................. 100.0%
2310-0306 For
the hunter safety training program.............................................................. $444,327
Inland Fisheries and Game
Fund ........................... 100.0%
2310-0316 For
the purpose of land containing wildlife habitat and for the costs of the
division of fisheries and wildlife directly related to the administration of
the wildlands stamp program pursuant to sections 2A and 2C of chapter 131 of
the General Laws; provided, that funds shall not be expended from this item in
the AA object class for the compensation of state employees assigned to any
item................................................................................................................. $2,000,000
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.............................................................................................................. $85,000
Inland Fisheries and Game Fund
........................................ 100.0%
2320-0100 For
the administration of the public access board, including the maintenance,
operation, and improvements of public access land and water areas as authorized
by section 17A of chapter 21 of the General Laws; provided, that positions
funded in this item shall not be subject to chapter 31 of the General Laws................................................................................... $598,758
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 $90,000 shall be
expended for the joint operation of a shellfish propagation program on Cape Cod
between the division and the Barnstable County Department of Health and
Environment; provided further, that $50,000 shall be expended for the Family
Fishing Assistance Center in the city of New Bedford; provided further, that
$50,000 shall be expended for the Family Fishing Assistance Center in the city
of Gloucester; provided further, that the 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 2006 shall not be reduced from fiscal year 2005
except in proportion to adjustments consistent with the department’s budget
adjustment; and provided further, that funds shall be expended for the School
for Marine Science and Technology for research to minimize the economic impact
of new fisheries management regulations and shall not be reduced from fiscal
year 2005 except in proportion to adjustments consistent with the department’s
budget adjustment ................................................................................................ $4,010,725
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............................ $533,286
2330-0121 For
the division of marine fisheries to utilize reimbursable federal sportfish
restoration funds to further develop marine recreational fishing and related
programs, including the costs of activities that increase public access for
marine recreational fishing, support research on artificial reefs, and
otherwise provide for the development of marine recreational fishing; provided,
that the division of marine fisheries may expend revenues up to $217,989
collected from federal sportfish restoration funds and from the sale of
materials which promote marine recreational fishing.................................................................................................................... $217,989
Department of Agricultural
Resources
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, and 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, and the division of
agricultural development and fairs; 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 $100,000 shall be
expended for 4H 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................................... $3,877,692
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
per cent of the total appropriation herein..................................................................................... $6,500,000
2511-3002 For
the Integrated Pest Management program.................................................. $200,000
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 service agreement with the
department of state police to provide police coverage on department of
conservation and recreation properties and parkways; provided further, that not
less than $100,000 shall be expended within thirty days of receipt of said
funds, for the maintenance of the facility and animal upkeep of the mounted
unit in the Blue Hills Reservation, which are not subject to said reimbursement
to the Department; 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, 2006; 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 the department shall, in
collaboration with the department of environmental protection and the
department of fish and game, establish and maintain a comprehensive inventory
of all dams in Massachusetts, and develop a coordinated permitting and
regulatory approach to dam removal for stream restoration and public safety; provided
further, that no funds shall be expended from this item for personnel overtime
costs; provided further, that any employee paid from this item as of August 1,
2004, that was included in the report required from said item in chapter 149 of
the acts of 2004, and any employees assigned to that item after August 1, 2004,
shall not be paid from any other item of appropriation; provided further, that
the department of conservation and recreation shall provide the house and
senate committees on ways and means with a 30 day notice before any inter
subsidiary transfers or interagency service agreements and the reason for said
transfer; provided further, that no funds shall be expended for deputy
commissioner positions; provided further, that no funds shall be expended for
deputy associate commissioners; provided further, that the department shall
maintain and retain all operations, programs, real property and employees
related to the Connecticut River Action Program to promote the conservation and
protection of the unique natural resources present in the Connecticut River
Valley; provided further, that the department of conservation and recreation
shall file a report with the house and senate committees on ways and means not
later than October 6, 2005 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, designated by fiscal year, 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, August 1, 2004, March 1, 2005
and August 1, 2005, (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 object class and object code of all expenditures or
allocations from items of appropriations under the executive office of environmental
affairs in fiscal years 2004 and 2005 on the commonwealth development
coordinating council, (4) a list of all deputy commissioners and deputy
associate commissioners, their annual salaries and their duties, (5) the number
of full time equivalent positions, so-called, that have been eliminated due to
said merger, including the name, position, annual salary and documentation that
said employee is no longer employed by the department because their position
had been eliminated by the merger, (6) any efficiencies that have been achieved
from said merger, including a list of internal support services such as
finance, human resources, planning, engineering, and management, (7) a list of
the staff that were reassigned or terminated because of the merger, (8) details
of how the management staff have been reassigned and how they have adopted to
said merger, (9) a list of all duplicative efforts and inefficient systems that
have been eliminated, (10) a list of any resources that have been shared such
as vehicles, heavy equipment, and computer systems, (11) a list of any other
efficiencies that have been achieved because of the 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 not later than October 6, 2005, 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 2006 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 2006 inclusive delineated by fiscal year, program and
item of appropriation and, (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 notwithstanding any general or special law to the
contrary, the department shall enter into a maintenance contract with a
suitable vendor for the purposes of daily trash removal on Revere Beach from
May 30, 2005, to September 5, 2005, inclusive, and said maintenance contract
shall be funded through proceeds received by the city of Revere and the
department of conservation and recreation pursuant to section 29 of chapter 236
of the acts of 2002 and section 2 of this act..................................................................................... $5,477,272
2800-0101 For
the watershed management program to operate and maintain reservoirs, watershed
lands and related infrastructure of the department and the office of water
resources in the department of conservation and recreation; provided, that
$500,000 shall be paid to the town of Clinton, under section 8 of chapter 307
of the acts of 1987, to compensate for the use of certain land; provided
further, that the amount of the payment shall be charged to the General Fund
and shall not be included in the amount of the annual determination of fiscal
year charges to the Massachusetts Water Resources Authority assessed to the
authority under section 113 of chapter 92 of the General Laws; provided
further, that $25,000 shall be expended for non-native plant management on
Field Pond in Harold Parker State Forest in the town of Andover; 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 $40,000 shall
be expended for aquatic weed control treatments in the Upper Mystic Lake;
provided further, that not less than $250,000 shall be expended for a
comprehensive study, including a management plan, for the entire Taunton River
watershed, in accordance with the executive office of environmental affairs
“Proposal for Watershed Work Affecting Water Quality-Wastewater
Quality-Wastewater Discharges and Stormwater Discharges”, dated February 11,
2003, to be conducted, in partnership, by the Old Colony Planning Council, the
Southeastern Regional Planning & Economic Development District and the
Watershed Access Lab at Bridgewater State College; provided further, that not
less than $100,000 shall be expended for a grant to the town of Hopkinton for a
detailed investigation of North Pond Dam/Lake Maspenock Dam located in the
towns of Hopkinton, Milford, and Upton to determine the extent of seismic
testing necessary at said facility and to perform such Seismic testing for
Liquefaction and/or other Seismotectonic testing as may be recommended by said
investigation; and provided further, that the department shall develop and
implement a written plan to protect and manage the Plymouth-Carver sole source
aquifer in consultation with Plymouth, Carver, Wareham, Plympton, Bourne,
Middleborough and Kingston. $1,808,615
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 February 1, 2006 on the status of, and amounts collected from, the private
fundraising and enhanced revenue efforts identified in the draft Massachusetts
Zoos Business and Operations Plan, dated December, 1996; and provided further,
that the corporation shall continue to provide free services and supplies
including, but not limited to, routine animal check-ups, diagnosis and care,
emergency veterinary needs, medications and medical supplies, vitamins and diet
supplements and Zoo Prem feline diet, to the Trailside Museum and the
Chickatawbut Hill Center in the town of Milton................................................ $6,050,000
2800-0401 For
a program to provide stormwater management for all properties and roadways under
the care, custody and control of the Department of Conservation and Recreation;
provided, that the department shall develop and implement a stormwater
management program in compliance with federal and state stormwater management
requirements; provided further, that the department shall inventory all
existing stormwater infrastructure, assess its current stormwater practices,
analyze long term capital and operational needs, and develop a stormwater
management plan to comply with federal and state regulatory requirements; and provided
further, that in order to protect public safety and to protect water resources
for water supply, recreational and ecosystem uses, the department will
immediately implement interim stormwater management practices including but not
limited to street sweeping, inspection and cleaning of catch basins, and
emergency repairs to roadway drainage..................................................... $500,000
2800-0500 For
the freshwater and saltwater beaches under the control of the department of
conservation and recreation; provided, that all beaches shall remain open and
staffed from Memorial Day through Labor Day;
provided further, that the beaches shall have their full amount of
required maintenance and upkeep; provided further, that the department shall
file a report with the house and senate committees on ways and means not later
than November 1, 2005 that shall include, but not be limited to, the following:
(1) the amount of funding provided to every beach under the control of the
department in fiscal years 2004 and 2005; (2) a breakdown of how the funds were
spent for every beach and the services that were provided; (3) the items of
appropriation used to provide funding; (4) the amount of funding to be provided
for every beach in fiscal year 2006 from this item; and (5) a list of the
services or materials for each beach that will be provided from this item;
provided further, that not less than $35,000 shall be expended for the cleanup
of Pilayella algae on the Nahant Beach Reservation; and provided further, that
not less than $250,000 shall be appropriated to the Middlesex Canal Commission...................................... $1,035,000
2800-0600 For
the pools and spray pools under the control of the department of conservation
and recreation; provided, that all pools and spray pools shall remain open and
staffed from Memorial Day through Labor Day;
provided further, that the pools and spray pools shall have their full
amount of required maintenance and upkeep; and provided further, that the
department shall file a report with the house and senate committees on ways and
means not later than November 1, 2005 that shall include, but not be limited
to, the following: (1) the amount of funding provided to every pool under the
control of the department in fiscal years 2004 and 2005; (2) a breakdown of how
the funds were spent for every pool and the services that were provided; (3)
the items of appropriation used to provide funding; (4) the amount of funding
to be provided for every pool in fiscal year 2006 from this item; and (5) a
list of the services or materials for each pool that will be provided from this
item............................................................................... $750,000
2800-9004 For
certain payments for the maintenance and use of the
2810-0100 For
the operations of the division of state parks and recreation; provided, that
funds appropriated in this item shall be used to operate all of the division’s
parks, heritage state parks, reservations, campgrounds, beaches and pools and
for the oversight of rinks, to protect and manage the division’s lands and
natural resources including the forest and parks conservation services and the
bureau of forestry development; provided further, that no funds from this item
shall be made available for payment to true seasonal employees; provided
further, that the department may issue grants to public and nonpublic entities
from this item; provided further, that
$100,000 shall be expended for the Schooner Ernestina Commission; provided
further, that $25,000 shall be expended for a grant to the Sutton Fire and
Rescue department for park user safety equipment at the Purgatory Chasm State
Reservation in the town of Sutton; and provided further, that the level of
funding for the beaches and pools from this item in fiscal year 2006 shall not
be reduced from fiscal year 2005................................................................................. $19,103,810
2810-0200 For
summer employment programs at department of conservation and recreation
facilities; provided, that the programs shall include peer-led youth recreation
and interpretive programs, a youth all-star band, and a park repair and
improvement program by skilled and unskilled laborers; and provided further,
that the programs shall provide opportunities for underprivileged populations,
especially in economic development areas.................................. $2,000,000
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 2005 shall continue to
receive such benefits in fiscal year 2006 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 in this item;
provided further, that notwithstanding section 1 of chapter 31 of the General
Laws, seasonal positions funded by this item are positions requiring the
services of an incumbent, on either a full-time or less than full-time basis
beginning not earlier than April 1 and ending not later than November 30, or
beginning not earlier than September 1 and ending not later than April 30; and
provided further, that notwithstanding said section 1 of said chapter 31,
seasonal positions funded by this item shall not be filled by an incumbent for
more than 8 months within a 12-month period.................................................................. $5,567,735
2810-2040 The
division of state parks and recreation may expend not more than $4,454,826 from revenue collected from fees charged by
the division, including revenues collected from campsite reservation
transactions from the automated campground reservation and registration program
for additional expenses, upkeep and improvements to the parks and recreation
system and for the personnel costs of seasonal employees; provided, that no
funds from this item shall be expended for the costs of full-time equivalent
personnel; provided further, that for the purpose of accommodating timing
discrepancies between the receipt of retained revenues and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate therefor 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 house and senate committees on ways and means at the
time subsequent quarterly statements are published of the variance between
actual and projected receipts in each such quarter and the implications of that
variance for expenditures made; and provided further, that the division may
issue grants to public and nonpublic entities from this item ................................................................................................................. $4,454,826
2820-0100 For
the administration, operation and maintenance of the division of urban parks
and recreation, including for the maintenance, operation and related costs of
the parkways, boulevards, roadways, bridges and related appurtenances under the
care, custody and control of the division, flood control activities of the
division, purchase of all necessary supplies and related equipment, and the
civilianization of crossing guards located at division intersections where
state police previously performed such duties; provided, that the parkways,
boulevards, roadways, bridges and related appurtenances under the care and
custody of the metropolitan district commission in fiscal year 2003 shall
remain solely under the jurisdiction, custody and care of the division of urban
parks and recreation; provided further, that no funds from this item shall be
made available for payment to true seasonal employees; provided further, that
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 the school crossing guards for the corner of Mystic avenue and
Shore drive in the city of Somerville shall be named the Senator Charles E.
Shannon Crossing Guard Corps; provided further, that not less than $380,000
shall be expended for the purposes of installing lighting at the Stadium at
Dilboy field along state highway route 16 in the city of Somerville, pursuant
to the construction and renovation project authorized by chapter 352 of the
acts of 2004; 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 $60,000 shall be expended
for funding of current employees of the bureau of forest fire control under
their new reclassification firefighter services; 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
flood mitigation at Fellsmere pond; provided further, that not less than
$50,000 shall be expended for the purposes of trash removal on Revere beach
between May 30th and September 5th, which shall match proceeds generated
pursuant to section 29 of chapter 236 of the acts of 2002; provided further,
that $297,000 shall be expended for the James Michael Curley Recreation Center
in the city of Boston;; provided further, that $40,000 shall be provided for a
traffic study administered by the commissioner of the department of
conservation and recreation shall be commissioned to improve public safety
along Nonantum road and adjacent parklands, including developing alternatives
for narrowing the parkway cross-section, alternatives for safety improvements
at the intersections of Charlesbank road and Maple street, alternatives for
landscape, pathway, lighting, and drainage improvements, and a schedule and
cost estimate for the design and construction of the recommendation; provided
further, that the commissioner shall report progress to the Stewardship Council
at each meeting until the study reaches completion; provided further, that the
commissioner shall ensure public input through two public hearings held in
Newton and Watertown during the study — one prior to the initial
recommendation, one after release of the initial recommendation but prior to the
final recommendation; provided further, that the commissioner shall ensure
public awareness by publishing quarterly progress reports on the department of
conservation and recreation website’s press release section; and provided
further, that upon completion of the study, the commissioner shall deliver the
recommendation of the study along with a report addressing public opinion not
reflected in the recommendation to the Stewardship Council provided further,
that the Commissioner shall develop a capital project plan to enact the
recommendation of the traffic study, including design and implementation;
provided further, that $95,000 shall be allocated for a private contractor to maintain
the DCR Lynn Shore Drive facility; provided further, that the Commissioner
shall submit this plan for the next fiscal year budget following the completion
of the traffic study; provided further, that $250,000 shall be expended for the
creation and maintenance of a linked trail system for local and state parks
along the Back River in the towns of Weymouth and Hingham to complete the
project created in chapter 149 of the acts of 2004; provided further, that not
less than $250,000 shall be expended for Camp Meigs located in the Readville
section of the city of Boston; provided further, that not less than $250,000
shall be expended for a study on the Neponset river master plan; provided
further, that the level of funding for the beaches and pools from this item in
fiscal year 2006 shall not be reduced from fiscal year 2005........................... $23,608,929
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 shall file the report
to the house and senate committees on ways and means not later than December
15, 2005; 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 said section 1 of said chapter 31, seasonal positions funded by this
item shall not be filled by an incumbent for more than 8 months within a
12-month period........................... $2,991,820
2820-1000 The
division of urban parks and recreation may expend not more than $200,000 from
revenue collected pursuant to section 34B of chapter 92 of the General Laws.................. $200,000
2820-1001 The
division of urban parks and recreation may expend not more than $50,000 from
revenue collected for the operation and maintenance of the division’s
telecommunications system from revenues received from the Massachusetts Water
Resources Authority, the Massachusetts Convention Center Authority, the
department of highways central artery/Ted Williams tunnel project, the
department of state police and quasi-public and private entities through a
system of user fees and other charges established by the commissioner of
conservation and recreation; provided, that nothing in this item shall impair
or diminish the rights of access and utilization of all current users of the
system under agreements previously entered into; and provided further, that
this item may be reimbursed by political subdivisions of the commonwealth and
private entities for direct and indirect costs expended by the division to
maintain the telecommunications system ............................................................................ $50,000
2820-2000 For
the expenses of maintaining the parkways within the division of urban parks and
recreation, including the costs of personnel and snow and ice removal expenses;
provided, that the department of conservation and recreation shall take all
measures to ensure that the department’s snow and ice control efforts are
efficient and cost effective; provided further, that the secretary of
environmental affairs shall submit to the house and senate committees on post
audit and oversight and the house and senate committees on ways and means a
report detailing a snow emergency plan for roads, bridges and sidewalks under
the care of the department of conservation and recreation by October 1, 2005;
provided further, that the secretary of environmental affairs shall submit to
the house and senate committees on post audit and oversight and the house and
senate committees on ways and means a report not later than September 1, 2005
which shall include, but not be limited to, the following: (a) a list of
amounts paid from state appropriations for snow and ice control efforts for
fiscal years 1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005, and (b) any
other information that said secretary determines is necessary to account for
and explain the extraordinary expenditure of state appropriations for the
control and removal of snow and ice........................................................ $1,547,434
2820-3001 The
division of urban parks and recreation may expend not more than $1,000,000 from revenue collected from
skating rink fees and rentals for the operation and maintenance, including
personnel costs, of 4 rinks between September 1, 2005 and April 30, 2006 for an
expanded and extended rink season; provided, that when assigning time for the
use of its rinks, the division shall give priority to those which qualify under
applicable state and federal law as nonprofit organizations or as a public
school............................................................... $1,000,000
2820-4420 For
the operation and maintenance of the Ponkapoag golf course; provided, that the
division of urban parks and recreation may expend not more than $1,100,000 from revenue collected from fees
generated by the golf course; provided further, that for the purposes of
accommodating discrepancies between the receipt of retained revenue and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most recent
revenue estimate as reported in the state accounting system; and provided
further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal
positions funded by this account 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................................................................................ $1,100,000
2820-4421 For
the operation and maintenance of the Leo J.
Martin golf course; provided, that the division of urban parks and recreation
may expend not more than $700,000 from
revenue collected from fees generated by the golf course; provided further,
that for the purposes of accommodating discrepancies between the receipt of
retained revenue and related expenditures, the division may incur expenses and
the comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state
accounting system; and provided further, notwithstanding section 1 of chapter 31
of the General Laws, seasonal positions funded by this account shall be
positions requiring the services of an incumbent, on either a full-time or less
than a full-time basis beginning not earlier than April 1 and ending not later
than November 30 ........................................................... $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
object class; provided further, that the department of conservation and
recreation shall take all measures to further ensure that said department’s
street lighting efforts are efficient and cost affective; provided further,
that said department shall implement a plan to achieve efficiencies and reduce
said lighting costs; and provided further, that said department shall file a
report with the house and senate committees on ways and means not later than
September 1, 2005 on measures taken to ensure efficiency and cost effectiveness
of their street lighting program that shall include, but not be limited to, the
following: (1) all efforts taken by said department to reduce street lighting
costs in fiscal years 2002, 2003, 2004 and 2005, and (2) efforts to reduce the
amount paid for electricity through bulk purchasing agreements, (3) a long range
plan on energy savings initiatives....... $2,606,651
Department of Early Education
and Care
3000-1000 For
the administration of the department of early education and care and the costs
of field operations and licensing provided through the department; provided,
that funds from this item shall be expended to develop an implementation plan
for a workforce development system in collaboration with the board and
chancellor of higher education, pursuant to section 5 of chapter 15D of the General
Laws; provided further, that funds from this item shall be expended on the
development and piloting of a kindergarten readiness assessment system that is
educationally sound; provided further, that funds from this item shall be
expended on the development of a comprehensive evaluation system for all early
education and care programs in the commonwealth; provided further, that, not
later than November 30, 2005, the
department shall report to the secretary of administration and finance,
the chairpersons of the joint committee on education, and the chairpersons of
the house and senate ways and means committee on the information technology
needs of the department, including the cost of a comprehensive database of
early childhood educators and providers for the purpose of enhancing the
workforce development system, and a database of children both waiting for and
receiving early education and care services which is compatible with the SIMS
database, and any other relevant database at the department of education or the
executive office of health and human services; provided further, that the
report shall also include an analysis of the costs associated with the
development of a comprehensive and scientifically valid longitudinal study of
the effectiveness of various early education and care programs and services,
including but not limited to, comprehensive and consistent pre-school services
provided to children from the age of two years and nine months through entrance
into kindergarten; provided further, that the department shall report quarterly
to the joint committee on education, the joint committee on children and
families, the house and senate committees on ways and means, and the secretary
of administration and finance on the unduplicated number of children on waiting
lists for state-subsidized early education and care programs and services;
provided further, that notwithstanding chapter 66A of the General Laws to the contrary, the
department of early education and care, the lead agencies of community
partnership councils, the child care resource and referral agencies, the
department of education, the department of transitional assistance, the
department of social services, and the department of public health may share
with each other personal data regarding the parents and children who receive
services provided under early education and care programs administered by the
commonwealth for waitlist management, program implementation and evaluation,
reporting, and policy development purposes; provided further, that the
commissioner of the department of early education and care may transfer funds
between items 3000-1000, 3000-2000, 3000-4000, 3000-4050, 3000-5000, 3000-7050,
3000-7060, and 3000-7070, as necessary, pursuant to an allocation plan, which
shall detail by object class the distribution of the funds to be transferred
and which the commissioner shall file with the house and senate committees on
ways and means 15 days prior to any such transfer; provided further, that no
more than 5 percent of any item may be transferred in fiscal year 2006; and
provided further, that the department shall consult with the department of
education and the executive office of health and human services to ensure
continuity in the grant process..................................................................... $9,570,077
3000-2000 For
the regional administration of early education and care programs and services
and related early education and care activities; provided, that the activities
shall include, but not be limited to, voucher management, regional 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;
provided further, that the department shall administer the child care resource
and referral system through the regional offices funded in this item; provided
further, that the regional offices shall collaborate with the board and
commissioner of early education and care to produce the workforce development
plan required under section 5 of chapter 15 of the General Laws; and provided
further, that not later than February 15, 2006, the department shall issue a
report to the secretary of administration and finance, the chairpersons of the
house and senate committees on ways and means, the house and senate chairpersons
of the education committee, and the house and senate chairpersons of the joint
committee on children and families, detailing the budgets of each regional
office, with a breakdown, by regional office, of the amounts spent on
administration, voucher and contract management, data and technology purchase
to support the data analysis being done by said offices, professional and
workforce development, and such other categories of expenditure as the
commissioner may feel are appropriate........................ $10,263,252
3000-2050 For
the administration of the Children’s Trust Fund; provided, that notwithstanding
any general of special law to the contrary, the Department of Early Education
and Care shall collaborate with Children’s Trust Fund on the implementation of
section 202 of chapter 6 of the General Laws, but shall not exercise any
supervision or control with respect to the board.......... $882,307
3000-3050 For
supportive child care associated with the family stabilization program;
provided, that, notwithstanding the provisions of any general or special law to
the contrary, services funded by this item shall be provided by the department
of early education and care established pursuant to chapter 15D of the General
Laws; and provided further, that funds from this item shall only be expended
for child care costs of children with active cases at the department of social services............................................................................................................... $49,077,019
3000-4000 For
preschool programs and services provided to children from the age of 2 years
and 9 months until they are kindergarten eligible, through a mixed system of
service delivery including cities,
towns, regional school districts, educational collaboratives, head start
programs, and licensed day care providers, pursuant to section 54 of chapter 15 of
the General Laws; provided, that any payment made under any such grant with a
school district shall be deposited with the treasurer of such city, town, or
regional school district and held as a separate account and shall be expended
by the school committee of such city, town, or regional school district without
municipal appropriation, notwithstanding any general or special law to the
contrary; provided further, that in any city or town in which there was only 1
lead agency in fiscal year 1995, such lead agency shall serve as lead agency to
submit proposals pursuant to section 54 of
said chapter 15; provided further, that the
amount by which the funds appropriated in this item exceed the amount
appropriated in item 7030-1000 of chapter 60 of
the acts of 1994 shall be used to provide services to the children of working
parents; provided further, that funds appropriated in item 7030-1000 prior to
1994 shall continue to be used for at risk children and special education
purposes; provided further, that in allocating the funds and evaluating grant
applications, the board of early education and care shall give priority
consideration to 3 and 4-year-old children in cities and towns where high
concentrations of low-income working families reside; provided further, that
not less than one-third of the total slots funded by the amount by which the
funds appropriated in this item exceed the amounts appropriated in item
7030-1000 of chapter 60 shall be for full-day,
full-year care that meets the needs of working parents; provided further, that
councils shall give priority in awarding expansion slots to children on the
waitlist formerly maintained by the office of child care services; provided
further, that these children shall retain priority status for future services
available through the department upon attaining the age of 5, notwithstanding
the receipt of services funded through this item; provided further, that eligibility standards
for said services shall be the same as those used by the department of
education in fiscal year 2005; provided further, that no funds shall be
expended from this item for administrative costs of the department of early
education and care; provided further, that funds may be expended for
administrative costs of local councils; and provided further, that recipients
of grants distributed from this item shall not expend more than 8 per cent of
the grants for administrative costs as defined by the department of education
in fiscal year 2005 $68,700,570
3000-4050 For
child care vouchers and contracted child care programs for low-income families;
provided, that the department shall issue monthly reports detailing the number
and average cost of voucher and contracted child care slots funded from this
item and item 3000-3050 by category of eligibility; provided further, that the report shall
include the number of recipients subject to subsection (f) of section 110 of
chapter 5 of the acts of 1995 funded from this item; provided further, that
notwithstanding any general or special law to the contrary, the office shall
perform post-audit reviews on a representative sample of the income-eligibility
determinations performed by vendors receiving funds from this item; provided
further, that the department shall report quarterly to the joint committee on
education, the joint committee on children and families, the house and senate
committees on ways and means and the secretary of administration and finance on
the error rate, if any, in income-eligibility determinations calculated by the
post audit reviews; provided further, that notwithstanding any language to the
contrary, funding for child care shall be provided as a priority, to recipients
of benefits under the employment services program or any successor program, to
recipients of benefits under the program of transitional aid to families with
dependent children, former recipients of transitional aid who are employed
during the year after termination of benefits, former recipients of
transitional aid participating in education or training programs authorized by
department of transitional assistance regulations, parents under the age of 18
currently enrolled in a job training program who would qualify for benefits
under chapter 118 of the General Laws,
said section 110 of said chapter 5 or any other applicable law or regulation,
but for the deeming of grandparents' income, and for former recipients of
transitional aid to families with dependent children who are employed or in an
authorized period of job search as of the expiration of the transitional year,
and require post-transitional child care vouchers; provided further, that recipients
of transitional aid shall not be charged fees for child care provided under
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 income eligible programs shall
not include the employment services child care program, transitional child care
programs, or post-transitional child care programs; provided further, that not
less than $138,353,258 shall be expended for income-eligible child care
programs in fiscal year 2006; 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........................................................................................... $292,473,570
3000-5000 For
grants to head start programs; provided, that, notwithstanding the provisions
of any general or special law to the contrary, programs and services eligible
for funding through this item shall receive such funding only after application
to, and approval by, the department of early education and care established
pursuant to chapter 15D of the General Laws.................. $7,500,000
3000-6000 For
early education and care quality expenditures; provided, that, notwithstanding
the provisions of any general or special law to the contrary, services funded
by this item shall be provided by the department of early education and care
established pursuant to chapter 15D of the General Laws; provided, that not
less than $1,321,145 shall be expended for activities to increase the supply of
quality early education and care for infants and toddlers; provided further,
that not less than $1,000,000 shall be expended for resource and referral
services provided through item 3000-2000; provided further, that not less than
$234,248 shall be expended for 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; provided further, that no funds
shall be expended for the DD object class expenses of the department, out of state
travel, bottled water, chargebacks, office equipment, prior year deficiencies,
or the Virtual Gateway system; and provided further, that no funds shall 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 2006............................................................ $4,120,403
3000-7000 For
statewide neonatal and postnatal home parenting education and home visiting
programs for at-risk newborns to be administered by the Children’s Trust Fund;
provided, that the department shall collaborate with the Children’s Trust Fund,
whenever feasible and appropriate, to coordinate services provided though this
item with services provided through items 3000-7050, 3000-7060 and 3000-7070, in
order to ensure that parents receiving services through this item are aware of
all opportunities available to them and their children through the department;
provided further, that such services shall be made available statewide to
parents under the age of 21 years; and provided further, that notwithstanding
any general or special law to the contrary, priority for such services shall be
given to low-income parents.............................................. $12,241,352
3000-7050 For
the Mass Family Networks program; provided, that, notwithstanding the
provisions of any general or special law to the contrary, programs and services
eligible for funding through this item shall receive such funding only after application
to, and approval by, the department of early education and care established
pursuant to chapter 15D of the General Laws; and provided further, that the
department shall, to the maximum extent feasible, coordinate services provided
though this item with services provided through items 3000-7000 and 3000-7060
and 3000-7070, in order to ensure that parents receiving services through this
item are aware of all opportunities available to them and their children
through the department............................. $5,295,694
3000-7060 For
grants for home-based parenting and family literacy program known as the
Parent-Child Home Program; provided, that notwithstanding the provisions of any
general or special law to the contrary, programs and services eligible for
funding through this item shall receive such funding only after application to,
and approval by, the department of early education and care established
pursuant to chapter 15D of the General Laws; provided further, that the
department of education shall distribute the funds to expand capacity at
existing Parent-Child Home Program sites and to establish replication sites in
cities and towns where high concentrations of low income families reside;
provided further, that for grants awarded to establish the replication sites, the
department shall consider applications from school districts or social service
agencies that demonstrate the capacity to replicate the home visiting program
to serve area low income families; provided further, that the department shall,
to the maximum extent feasible, coordinate services provided though this item
with services provided through items 3000-7000, 3000-7050 and 3000-7070, in
order to ensure that parents receiving services through this item are aware of
all opportunities available to them and their children through the department;
and provided further, that the preference for the grants shall be given to
applicants who demonstrate a commitment to maximize federal and local funding
for the operation of the replication site................................................................................................................. $2,000,000
3000-7070 For
matching grants to fund the Reach Out and Read program, to provide books to
at-risk children through book distribution programs established in community
health centers, medical practices and hospitals for at-risk children; provided,
that the funds distributed through this program shall be contingent upon a
match of not less than $1 in private or corporate contributions for every $1 in
state funding distributed through the grant program; and provided further, that
the department shall, to the maximum extent feasible, coordinate services
provided though this item with services provided through items 3000-7000,
3000-7050 and 3000-7060 in order to ensure that parents receiving services
through this item are aware of all opportunities available to them and their
children through the department............................... $500,000
Executive office of
Health and Human Services
Office of the Secretary
4000-0112 For
matching grants to boys’ and girls’ clubs, YMCA and YWCA organizations,
nonprofit community centers, and youth development programs; provided, that the
secretary 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 not less than $2,000,000 shall be expended
for the Massachusetts Alliance of Boys and Girls Clubs; provided further, that
not less than $80,000 shall be expended for the young parents program of the
Newton Community Service Centers; provided further, that not less than $40,000
shall be expended for the public partnership program between the greater Lynn
YMCA and YWCA and the public partnership program between the town of Saugus and
the Saugus YMCA and YWCA; provided further, that not less than $50,000 be
expended for programs and improvements at the Northeast Family YMCA; provided
further, that not less than $50,000 be expended for programs and improvements
at the Haverhill YWCA; provided further, that not less than $500,000 shall be
expended for the YMCA of greater Boston to facilitate capital projects approved
by the board of directors of the YMCA including, but not limited to, capital
projects in the town of Norwood, the West Roxbury section of Boston, East
Boston, Woburn, Bedford and in other cities and towns within the greater Boston
area; provided further, that not less than $100,000 shall be expended for
programs and improvements to the YWCA of Newburyport; provided further, that
not less than $50,000 shall be expended for the Project Adventure Youth
Leadership Program administered by Family Services Incorporated of Lawrence;
provided further, that not less than $50,000 shall be expended for programs at
the Girls Incorporated of Holyoke drop-in center; provided further, that not
less than $25,000 shall be expended for programs at the Fishing Academy, Incorporated;
provided further, that not less than $225,000 shall be expended for Camp Coca
Cola New England to provide youth development services with an emphasis on
leadership training and community service; provided further, that no less than
$125,000 shall be expended for the Greater Worcester YMCA Youth Programs;
provided further, that not less than $50,000 shall be expended for the Chelsea
YMCA for building rehabilitation purposes; provided further, that not less than
$40,000 shall be expended for the Saugus YMCA; provided further, that not less
than $50,000 shall be expended to the Franklin Community Action Corporation for
youth service; provided further, that not less than $150,000 shall be expended
for nonprofit Youth Services in Andover; provided further, that not less than
$25,000 shall be expended for the Southwick Recreation Center, Inc.; and
provided further, that the secretary shall report to the house and senate
committees on ways and means on the exact amount distributed in fiscal year
2006 by March 1, 2006............................................................................................ $3,610,000
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 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 of the General Laws shall be accounted for
according to such purpose on the Massachusetts management accounting and
reporting system not more than 10 days after such expenditures have been made
by the medicaid management information system; provided further, that 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 notwithstanding any general or special law to
the contrary, for fiscal year 2006 the definition of a rural hospital shall
mean an acute care hospital as defined under section twenty-five B of chapter
111 of the General Laws and licensed under said chapter 111, which: (1) has
been designated by the executive office as a rural hospital based on bed size,
city or town population, and population density of the city, town, service area
or county as determined by the executive office through regulation; or (2) is a
hospital currently designated as a Critical Access Hospital by the Federal
Department of Health and Human Services in accordance with federal regulations
and state requirements; 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 CFR 74.23 or any other federal
regulation which provides a basis for federal financial participation, shall be
credited to this item and may be expended, without further appropriation, on
administrative services including those covered under an agreement with the
organizations participating in the initiative; provided further, that a
hospital with a unit designated as a pediatric specialty unit, or which
maintains a level 1 burn and trauma center for pediatrics as defined in this
item shall be exempt from the inpatient and outpatient efficiency standards
being applied to their rate methodology; provided further, that notwithstanding
section 1 of chapter 118G of the General Laws or any general or special law to
the contrary, for fiscal year 2006 the definition of a “pediatric specialty
unit” shall mean a level 1 burn and trauma center for pediatrics or a pediatric
unit of an acute care hospital in which the ratio of licensed pediatric beds to
total licensed hospital beds as of
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 $291,000,000 from the
monies received from recoveries of any current or prior year expenditures and
collections from liens, estate recoveries, third party recoveries, drug
rebates, accident and trauma recoveries, case mix recoveries, computer audits,
insurance recoveries, provider overpayment recoveries, bankruptcy settlements,
Masspro and Healthpro refunds, medicaid fraud returns, data match returns,
Medicare appeals, and program and utilization review audits; provided further,
that additional categories of recoveries and collections, including the balance
of any personal needs accounts collected from nursing and other medical
institutions upon a recipient’s death and held by the executive office for more
than 3 years, may, notwithstanding any general or special law to the contrary,
be credited to this item; provided, 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................................................... $291,000,000
4000-0351 For
the operations of the office of residential placement and licensure................. $737,593
4000-0352 For
MassHealth enrollment outreach grants to public and private nonprofit groups to
be administered by the executive office; provided, that the executive office
shall provide grants for continuation of the Covering Kids and Families
program, including grants to coalitions receiving Covering Kids and Families
grants; and provided further, that the executive office shall provide grants
for the Western Massachusetts Health Access Network, of 13 community-based
organizations to provide enrollment assistance and outreach for MassHealth and
other publicly-funded health coverage programs; 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 2006 by March 1, 2006 and the
extent to which any portion of resulting expenditures are eligible for federal
reimbursement............................................................................... $500,000
4000-0430 For
the commonhealth program to provide primary and supplemental medical care and
assistance to disabled adults and children under sections 9A, 16 and 16A of
chapter 118E of the General Laws; provided, that funds may be expended from
this item for health care services provided to the recipients in prior fiscal
years; provided further, that the executive office shall maximize federal
reimbursement for state expenditures made on behalf of such adults and
children; provided further, that children shall be determined eligible for the
medical care and assistance if they meet the disability standards as defined by
the executive office, which standards shall be no more restrictive than the
standards in effect on July 1, 1996; and provided further, that the executive
office shall process commonhealth applications within 45 days of receipt of a
completed application or within 90 days if a determination of disability is
required............................................................................................................... $84,696,753
4000-0500 For
health care services provided to medical assistance recipients under the
executive office’s primary care clinician/mental health and substance abuse
plan or through a health maintenance organization under contract with the executive
office; 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 a managed care organization as of July 1, 2005 compared to said
enrollment on December 1, 2005; provided further, that said report shall be
submitted not later than December 15, 2005; provided further, that the
secretary of health and human services and the commissioner of mental health
shall report quarterly to the house and senate committees on ways and means
relative to the performance of the managed care organization under contract
with the executive office to administer the mental health and substance abuse
benefit; provided further, that such quarterly reports shall include, but not
be limited to, analyses of utilization trends, quality of care and costs across
all service categories and modalities of care purchased from providers through
the mental health and substance abuse program, including those services
provided to clients of the department of mental health; provided further, that
in conjunction with the new medicaid management information system project,
said executive office 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, 2006 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 $12,000,000 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; and
provided further, that $11,700,000 shall be expended on disproportionate share
payments to high public payer hospitals........................................................................................................... $2,102,005,676
Department of Elder Affairs
Office of the Secretary
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 a demonstration project known as the “community choices”
initiative; provided further, that under the demonstration, eligible MassHealth
enrollees in the section 2176 elder care waiver 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 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 50 per cent 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 executive office 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 executive office 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 the executive office of health and
human services shall submit a report to the house and senate committees on ways
and means detailing the projected costs and the number of individuals served by
the “community choices” initiative in fiscal year 2006 delineated by federal
poverty level; provided further, that the report shall be submitted not later
than February 1, 2006; provided further, that in the event the division of
health care finance and policy conducts or utilizes an audit of nursing
facilities’ calendar year 2002 base year costs for the purpose of reducing
rates below levels that would be in effect in the absence of the audit, the
division shall disallow no more than $22,000,000 in the aggregate in fiscal
year 2006 rates; provided further, that notwithstanding any general or special
law to the contrary, the regulations, criteria and standards for determining
admission to and continued stay in a nursing home in fiscal year 2006 shall not
be more restrictive than those regulations, criteria and standards in effect on
4000-0620 For
the senior care options program; provided, that the secretary of elder affairs
may transfer not more than 15 per cent of funds appropriated in this item to
item 4000-0600; 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.................................. $67,998,937
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; provided further, that expenditures from this item
shall be made only for the purposes expressly stated in this item; provided
further, that notwithstanding the foregoing, funds may be expended from this
item for the purchase of third party insurance including, but not limited to,
Medicare for any medical assistance recipient including, but not limited to,
seniors; provided further, that not more than $10,000,000 may be expended for
activities relating to disability determinations or utilization management and
review, including patient screenings and evaluations, regardless of whether
such activities are performed by a state agency, contractor, agent or provider;
and provided further, that the executive office shall submit a report to the
executive office of administration and finance and the house and senate
committees on ways and means not later than March 1, 2006 detailing the
activities described in the preceding proviso to be expended from this item
during fiscal year 2006.................................................................................... $1,586,991,439
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 clause (c) of said subsection (2) of said section 9A of said
chapter 118E whose family incomes, as determined by the executive office,
exceeds 150 per cent of the federal poverty level; provided further, that funds
may be expended from this item for health care services provided to the
recipients in prior fiscal years; 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................................................ $391,509,801
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..................................................................... $61,326,314
4000-0875 For
the provision of benefits to eligible women who require medical treatment for
either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII)
of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public
Law 106-354, and in accordance with section 10D of chapter 118E of the General
Laws; provided, that the executive office shall provide benefits to women whose
income, as determined by the executive office, does not exceed 250 per cent of
the federal poverty level, subject to continued federal approval; provided further, that eligibility for 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, the executive office shall require screening for either breast or
cervical cancer at the comprehensive breast and cervical cancer early detection
program operated by the department of public health, in accordance with item
4570-1512 of section 2D; provided further, that the executive office shall
continue to seek federal approval for the implementation of a cost sharing
system, including co-payments and sliding scale premiums for women whose annual
income is between 133 per cent and 250 per cent of the federal poverty level;
and provided further, that funds may be expended from this item for health care
services provided to these recipients in prior fiscal years........... $5,170,243
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............. $27,509,997
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....................................................... $36,746,765
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 of health and human services shall
directly market the program to private human service providers that deliver
human and social services under contract with departments within the executive
office and the department 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......................................................................................... $7,432,668
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 10E of
chapter 118E of the General Laws; provided further, that the executive office
shall report to the house and senate committees on ways and means on the
population served by the program delineated by the federal poverty level;
provided further, that the report shall be submitted not later than February 1,
2006; and provided further, that funds may be expended from this item for
health care services provided to these persons in prior fiscal years............................................................... $15,991,921
4000-0990 For
the children’s medical security plan to provide primary and preventive health
services for uninsured children from birth through age 18; provided, that the
executive office shall prescreen enrollees and applicants for medicaid
eligibility; provided further, that no applicant shall be enrolled in the
program until the applicant has been denied eligibility for the MassHealth
program; provided further, that the MassHealth benefit request shall be used as
a joint application to determine the eligibility for both MassHealth and the
children’s medical security plan; provided further, that the executive office
shall maximize federal reimbursements for state expenditures made on behalf of
the children; provided further, that 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 before 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 10F of chapter 118E of the General Laws; provided further, that the
maximum benefit levels for this program shall be made available only to those
children who have been determined by the executive office to be ineligible for
MassHealth benefits; provided further, that notwithstanding subsection (d) of
section 10F of chapter 118E of the General Laws, or any general or special law
to the contrary, premiums for this program shall be collected according to the
following eligibility categories: (1) enrollees in households earning less than
200 per cent of the federal poverty level shall not be responsible for
contributing to program premium costs; (2) enrollees in households earning
between 200 per cent and 300 per cent of the federal poverty level, inclusive,
shall contribute not less than 20 per cent and not more than 30 per cent of the
monthly premium cost according to a sliding scale established by the executive
office; provided, that additional contributions shall not be required for any
enrollee after the third enrollee in such a household; (3) enrollees in
households earning between 301 per cent and 400 percent of the federal poverty
level, inclusive, shall contribute not less than 85 cent and not more than 90
of the monthly premium cost according to a sliding scale established by the
executive office; provided, that additional contributions shall not be required
for any enrollee after the first enrollee in such a household; and (4)
enrollees in households earning more than 400 per cent of the federal poverty
level shall pay not more than the full premium cost of the program; provided
further, that the secretary of shall
certify quarterly in writing to the house and senate committees on ways and
means that premiums established pursuant to the fourth paragraph of section 10F
of chapter 118E have been paid by all enrollees for whom premiums are
applicable; and provided further, that funds may be expended from this item for
health care services provided to these persons in prior fiscal years..... $21,078,379
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......................................................................................... $7,589,164
4000-1401 For
the purposes of reinstating inpatient outlier benefits which were in effect on
January 1, 2003 for all MassHealth members in hospital fiscal year 2006............................... $18,750,000
4000-1405 For
the operation of a program of preventive and primary care for chronically
unemployed persons who are not receiving unemployment insurance benefits and
who are not eligible for medical assistance but who are determined by the
executive office of health and human services to be long-term unemployed;
provided, that such persons shall meet the eligibility requirements established
under the MassHealth program as
established in section 9A of chapter 118E of the General Laws; provided
further, that the income of such persons shall not exceed 100 per cent of the
federal poverty level; provided further, that said eligibility requirements
shall not exclude from eligibility persons who are employed intermittently or
on a non-regular basis; provided further, that the provision of care to such
persons under this program may, taking into account capacity, continuity of
care, and geographic considerations, be restricted to certain providers;
provided further, that funds may be expended from this item for health care
services provided to recipients in prior fiscal years; provided further, that
the secretary of health and human services is hereby authorized to limit or close
enrollment if necessary in order to ensure that expenditures from this item do
not exceed the amount appropriated herein; provided further, the executive
office of health and human services shall seek federal approval by October 1,
2005 in order to enroll the maximum number of possible enrollees allowable
within this appropriation in this program during fiscal year 2006; provided
further, that no funds may be expended from this item prior to October 1, 2005;
provided further, that notwithstanding subsection (3) of section 16D of chapter
118E of the General Laws or any other general or special law to the contrary, a
person who is not a citizen of the United States but who is either a qualified
alien within the meaning of section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 or is otherwise permanently residing in
the United States under color of law shall be eligible to receive benefits
under this item if such individual meets the categorical and financial
eligibility requirements pursuant to this item; provided further, that such
individual is either age 65 or older or age 19 to 64 and disabled; provided
further, that any such individual shall not be subject to sponsor income
deeming or related restrictions; and provided further, that funds from this
item for health care services for said noncitizens may be expended as of the
effective date of this act............................................................................................... $132,154,120
4000-1420 For
the purposes of making payments to the federal centers for Medicare and
Medicaid services in compliance with 42 USC 1396u-5.......................................................... $120,000,000
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 2006, 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 2006 from: (1) filing fees; (2) fees and charges generated by the division’s publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessed amount shall not be less than 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 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 2006, 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, 2005 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 2005; (2) the total dollar amount billed to the pool in fiscal year 2005; (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 2005; 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 shal