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 ................................... $508,196
0321-0100 For the services of the board of bar examiners .............................................. $1,012,273
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 said 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 said committee by type of case; (g) the average number of
hours spent per attorney or staff per type of case; and (h) the feasibility of
the implementation of a flat rate compensation system based on the type of case
......................................................................... $16,030,080
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 said 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 resources provided in this item; and provided further, that said 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; and (2) the savings the commonwealth has realized from this appropriation since the effective date of this act.................................................................................................................... $614,111
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 $7.50 per hour greater then the amount paid per hour in
fiscal year 2004......................................... $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................................................................... $7,433,513
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, $1,190,129 shall be expended for the disability benefits
project, $544,286 shall be expended for the Medicare Advocacy Project, and
$2,490,993 shall be expended for the Battered Women's Legal Assistance Project;
provided further, that the corporation shall submit a report to the house and
senate committees on ways and means not later than January 30, 2006 that shall include, but not be limited
to the following: (a)
the number of persons said programs 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 by said
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 ............................................................................................ $8,064,142
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 $538,905
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............................................ $9,268,937
Trial Court.
0330-0101 For the salaries of the justices of the superior court department of the trial court $8,810,601
0330-0102 For the salaries of the justices of the district court department of the trial court $17,259,603
0330-0103 For
the salaries of the justices of the probate and family court department of the
trial court................................................................................................................. $5,643,572
0330-0104 For the salaries of the justices of the land court department of the trial court....... $681,384
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 $4,628,579
0330-0300 For the central administration of the trial court, including costs associated with rental of county court facilities, 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 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 the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that said report shall include, but not be limited to, the number of cases in which said assessment was reduced or waived by a judge or clerk-magistrate within said courts; and provided further, that said report shall be submitted to the victim and witness assistance board on or before January 16, 2006.............................................................................................................. $112,520,712
0330-0317 For
the operation and expenses of the
0330-0410 For
alternative dispute resolution services for the trial court................................ $800,000
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 $49,967,224
0330-3333 The
chief justice for administration and management may expend an amount not to
exceed $17,000,000 from fees charged and collected pursuant to section 3 of chapter 90C, chapter 185, section 22 of chapter 218 and sections 2, 4A,
4C, 39 and 40 of chapter 262
of the General Laws; provided, that said chief justice shall only expend or
allocate funds from this item to the seven departments of the trial court for
the operation of said departments; provided further, that any expenditures or
allocations shall be made in
accordance with schedules submitted to the house and senate committees on ways
and means 30 days prior to said expenditures or allocations; provided further,
that the only revenue available for expenditure in this item for fiscal year 2006
shall be revenue collected from said fees in excess of the amount collected and
deposited into the General Fund in fiscal year 2003 from said fees; provided
further, that no such allocation shall occur until said schedules have been
approved by said committees; provided further, that said fees shall continue to
be transmitted to the treasurer for deposit into the General Fund prior to the
expenditure authorized by this item; and provided further, that notwithstanding
any general or special law to the contrary, for the purpose of accommodating
timing discrepancies between the receipt of revenues and related expenditures,
said chief justice may incur expenses and the comptroller shall certify for
payments amounts not to exceed the lower of one half of this authorization or
the most recent revenue estimate therefore as reported in the state accounting
system .................................................................. $17,000,000
0330-3334 The chief justice for administration and management may expend an amount not to exceed $18,000,000 from fees charged and collected pursuant to section 87A of chapter 276 of the General Laws; provided, that said chief justice shall only expend or allocate funds from this item to the district court and Boston Municipal Court departments of the trial court for the operation of said departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days prior to said expenditures or allocations; provided further, that no such allocation shall occur until said schedules have been approved by said committees; provided however, that said chief justice shall allocate or expend said funds authorized herein in a manner that accounts for the individual district court's compliance with section 13 of chapter 300 of the acts of 2002; and provided further, that said fees shall continue to be transmitted to the treasurer for deposit into the General Fund prior to the expenditure authorized by this item ................. $18,000,000
0331-0100 For
the administrative office of the superior court department .......................... $6,015,097
0331-0300 For medical malpractice tribunals established in accordance with the provisions of section 60B of chapter 231 of the General Laws .................................................................. $59,323
0331-2100 For the Barnstable superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................................................................................... $689,500
0331-2200 For the Berkshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................................................................................... $194,011
0331-2300 For the Bristol superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................................................................................... $826,697
0331-2400 For the Dukes superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................................................................................... $154,522
0331-2500 For the Essex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................. $1,393,927
0331-2600 For the Franklin superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................................................................................... $288,556
0331-2700 For the Hampden superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................. $1,240,186
0331-2800 For
the Hampshire superior court; provided, that the clerk of the court shall have
responsibility for the internal administration of his office, including
personnel, staff services and record keeping .................................................................................................................... $298,680
0331-2900 For the Middlesex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................. $3,111,751
0331-3000 For the Nantucket superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping .................................................................................................................... $130,215
0331-3100 For the Norfolk superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................. $1,142,317
0331-3200 For the Plymouth superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................. $1,047,213
0331-3300 For
the
0331-3400 For the Suffolk superior criminal court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ........................................................................................... $1,878,410
0331-3404 For
an education and community outreach pilot program to be administered in the
0331-3500 For the Worcester superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................. $1,030,766
District Court Department.
0332-0100 For
the administrative office of the district court department, including a civil
conciliation program .................................................................................................................... $834,311
0332-1100 For the first district court of Barnstable ........................................................... $518,876
0332-1200 For
the second district court of Barnstable at
0332-1203 For
the third district court of Barnstable at
0332-1300 For
the district court of northern Berkshire at
0332-1400 For
the district court of central Berkshire at
0332-1500 For
the district court of southern $225,680
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 $920,113
0332-1900 For
the fourth district court of Bristol at
0332-2000 For the district court of Edgartown .................................................................. $164,337
0332-2100 For
the first district court of Essex at
0332-2300 For
the third district court of Essex at
0332-2400 For
the central district court of northern Essex at
0332-2500 For
the district court of eastern Essex at
0332-2600 For
the district court of
0332-2700 For
the district court of southern Essex at
0332-2800 For
the district court of
0332-2900 For
the district court of
0332-3000 For
the district court of
0332-3100 For
the district court of
0332-3200 For
the district court of
0332-3300 For
the district court of
0332-3400 For the district court of eastern Hampden at Palmer ......................................... $293,203
0332-3500 For
the district court of
0332-3600 For
the district court of western Hampden at
0332-3700 For
the district court of Hampshire at
0332-3800 For the district court of eastern Hampshire at Belchertown ............................... $161,045
0332-3900 For
the district court of $1,172,204
0332-4000 For
the district court of
0332-4100 For
the district court of
0332-4200 For
the district court of
0332-4300 For
the district court of
0332-4400 For
the first district court of eastern Middlesex at
0332-4500 For
the second district court of eastern Middlesex at
0332-4600 For
the third district court of eastern Middlesex at
0332-4700 For
the fourth district court of eastern Middlesex at
0332-4800 For the first district court of northern Middlesex at Ayer .................................... $358,348
0332-4900 For
the first district court of southern Middlesex at
0332-5000 For
the district court of central Middlesex at $378,254
0332-5100 For
the district court of
0332-5200 For
the district court of northern
0332-5300 For
the district court of East Norfolk at
0332-5400 For
the district court of western
0332-5500 For
the district court of southern
0332-5600 For the municipal court of Brookline ................................................................ $335,715
0332-5700 For
the district court of
0332-5800 For
the second district court of Plymouth at
0332-5900 For
the third district court of Plymouth at
0332-6000 For
the fourth district court of Plymouth at
0332-6300 For
the district court of
0332-6900 For the central district court of Worcester ..................................................... $1,491,891
0332-7000 For
the district court of
0332-7100 For
the district court of
0332-7200 For the district court of Winchendon ............................................................... $134,005
0332-7300 For
the first district court of northern
0332-7400 For
the first district court of eastern
0332-7500 For
the second district court of eastern
0332-7600 For
the district court of southern
0332-7700 For
the second district court of southern
0332-7800 For
the third district court of southern
0332-7900 For
the district court of western
Probate and
0333-0002 For
the administrative office of the probate and family court department; provided,
that the case manager shall meet monthly with the department of social services
and shall report quarterly to the house and senate committees on ways and means
on the backlog of cases in the probate court and the parties' progress made in
such backlog each month .................. $1,289,406
0333-0100 For
the
0333-0150 For
the operation of a child and parents program in the
0333-0200 For
the
0333-0300 For
the
0333-0400 For the Dukes probate court .......................................................................... $120,603
0333-0500 For
the
0333-0600 For
the
0333-0700 For the Hampden probate court ................................................................... $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 .................................................................... $636,139
0333-0900 For the Middlesex probate court .................................................................. $3,330,136
0333-0911 For the Middlesex probate court family services clinic ...................................... $193,762
0333-1000 For
the
0333-1100 For
the
0333-1111 For the Norfolk probate court family services clinic............................................ $139,772
0333-1200 For
the
0333-1300 For
the
0333-1313 For the Suffolk probate community access program of community outreach and education; provided, that said program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that said program shall be administered by the register of probate of Suffolk county .................................. $189,041
0333-1400 For
the
0333-1411 For the Worcester probate court family services clinic ...................................... $169,362
Land Court Department.
0334-0001 For
the operation of the land court ............................................................... $2,350,474
0335-0001 For
the central division of the
0335-0100 For
the Brighton division of the
0335-0200 For
the
0335-0300 For
the Dorchester division of the
0335-0400 For
the East Boston division of the
0335-0500 For
the Roxbury division of the
0335-0600 For
the South Boston division of the
0335-0700 For
the West Roxbury division of the
0336-0002 For
the administrative office of the housing court department .............................. $94,546
0336-0100 For
the
0336-0200 For the western division of the housing court ................................................... $634,164
0336-0300 For
the
0336-0400 For the southeastern division of the housing court ......................................... $1,113,400
0336-0500 For the northeastern division of the housing court ............................................. $596,525
0337-0002 For
the administrative office of the juvenile court department ............................. $886,387
0337-0100 For the
0337-0200 For
the
0337-0300 For the Hampden county juvenile courts........................................................ $1,288,096
0337-0400 For
the
0337-0500 For the Barnstable county juvenile court, including the Barnstable county juvenile court located in the town of Plymouth ................................................................................. $732,193
0337-0600 For
the
0337-0700 For the Hampshire and Franklin counties juvenile courts.................................... $681,095
0337-0800 For
the
0337-0900 For
the
0337-1000 For the Middlesex county juvenile courts ...................................................... $1,096,081
0337-1100 For
the
Office of the Commissioner of Probation.
0339-1001 For
the office of the commissioner of probation; provided, that notwithstanding the
provisions of any general or special law, rule or regulation to the contrary,
said commissioner, subject to appropriation, shall have exclusive authority to
appoint, dismiss, assign and discipline probation officers, associate probation
officers, probation officers-in-charge, assistant chief probation officers and
chief probation officers; provided further, that said associate probation officers
shall only perform in-court functions and shall assume the in-court duties of
the currently employed probation officers who shall be reassigned within the
probation service subject to collective bargaining agreements to perform
intensive, community-based supervision of probationers, including the
provisions of intensive supervision and community restraint services as
described in item 0339-1004; provided further, that notwithstanding the
provisions of any general or special law, rule or regulation to the contrary,
probation officer personnel and probation clerical support staff assigned to
the courts shall be provided with suitable office space in their current
location in and around the various divisions and departments of the trial
court, as the case may be, or in suitable office space as appropriate, with the
advice and consent of the commissioner; provided further, that said office
shall enter into an interagency service agreement with the department of
revenue to verify income data and to utilize the departments wage reporting and
bank match system for the purpose of weekly tape-matching, so-called, for the
purposes of determining an individual's eligibility for appointment of indigent
counsel, as defined in chapter 211D
of the General Laws; provided further, that said office shall submit quarterly
reports to the house and senate committees on ways and means detailing the
progress of eligibility verification with said department; and provided
further, that said report shall include, but not limited to, the number of
individuals to be found misrepresenting assets, revenue generated through
collection of indigent client fees, the average indigent client fee that each
court division collects per case since the effective date of this act,
recommendations on improvements in verifying eligibility for counsel and other
pertinent information to ascertain the effectiveness of verification .. $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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further that no assistant district attorney shall be paid an annual salary of less than $35,000 ..................................................................................... $13,630,699
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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ............................................................................................................... $10,656,975
Essex District Attorney.
0340-0300 For the Essex district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 .......................... $6,458,625
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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 . $6,877,075
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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 . $6,355,055
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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000.. $4,182,722
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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 ................................................................................................................. $6,936,479
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, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that the Plymouth county district attorney's office shall employ a special assistant district attorney to specialize in the investigation and prosecution of alleged criminal offenses committed by inmates in state correctional facilities, county and state houses of corrections, and jails; provided further, that interagency service agreements shall be established between the Plymouth county district attorney's office and the office of the district attorneys for Bristol, and the Cape and Islands to equally share the compensation and related expenses of the special assistant; 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that the special assistant shall practice only in those jurisdictions participating in said interagency service agreement........................................ $5,747,214
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 2004 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000........................... $5,938,983
Cape and
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 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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000.......................................................................... $3,025,129
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 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 attorney participating in any volunteer prosecutor program, so-called; provided further, that said 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 said law firms; 3) duties performed by said personnel; and 4) benefits and cost savings associated with said 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 said office’s use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the general laws; provided further, that said report shall include, but not be limited to, the following: 1) amount of said funds deposited into the office’s special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and 2005; 2) how said funds were used in said fiscal years; and 3) balance of said trust fund as of January 1, 2006; and provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000 . $2,804,526
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 said 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 ............................................................ 1,498,204
0340-2101 For
the overtime costs of state police officers assigned to the district attorneys;
provided, that costs associated with those officers shall not be funded from
item 8100-0007; provided further, that not less than $261,479 shall be expended
at the direction of the district attorney for the Suffolk district; provided
further, that not less than $366,410 shall be expended at the direction of the
district attorney for the Middlesex district; provided further, that not less
than $348,894 shall be expended at the direction of the district attorney for
the Essex district; provided further, that not less than $281,208 shall be
expended at the direction of the district attorney for the Worcester district;
provided further, that not less than $219,703 shall be expended at the
direction of the district attorney for the Hampden district; provided further,
that not less than $127,953 shall be expended at the direction of the district
attorney for the Franklin/Hampshire district; provided further, that not less
than $318,672 shall be expended at the direction of the district attorney for
the Norfolk district; provided further, that not less than $242,316 shall be
expended at the direction of the district attorney for the Plymouth district;
provided further, that not less than $229,498 shall be expended at the
direction of the district attorney for the Bristol district; provided further,
that not less than $187,750 shall be expended at the direction of the district
attorney for the Cape and Islands district; provided further, that not less
than $70,603 shall be expended at the direction of the district attorney for
the Berkshire district; and provided further, that no expenditures shall be
made on or after the effective date of this act which would cause the
commonwealth's obligation for the purpose of this item to exceed the amount
appropriated herein ..................................................................................... $3,379,377
General Fund ...................................................... 11.80%
Highway Fund ..................................................... 88.20%
0340-8908 For the costs associated with maintaining the association's wide area network $1,272,385
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.
0511-0000 For the operation of the office of the secretary; provided, that said office shall submit a report detailing staffing patterns for each program operated by said office; provided further, that said report shall include, but not be limited to, actual and functional job titles by program, compensation rates and lengths of service for each employee; provided further, that said office shall submit said report not later than 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 prior to any such transfer ....................................................................................... $6,767,487
0511-0001 The
state secretary is hereby authorized to expend revenues not to exceed $30,000 from
the sale of merchandise at the
0511-0108 The state secretary acting on behalf of the commonwealth may sell, transfer or license the Division of Corporations' software and related documents pertaining to its web based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as in his sole discretion reasonably compensates the commonwealth for its interests; provided, that the secretary may retain and expend revenues collected from such sales, licensure or user agreements in an amount not to exceed $75,000 for technical activities of the corporations division the remainder to be deposited in the General Fund; provided further, that the secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications; and provided further, that the department of the state secretary may accept credit and debit cards from individuals and corporations filing documents with the department ............................................. $75,000
0511-0200 For the operation of the state archives division ................................................. $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 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 a report detailing the status, remaining costs and further implementation requirements of the central voter registration system shall be submitted to the house and senate committees on ways and means not later than January 31, 2006; and provided further, 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 Adams in the former
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 ................................................................................ $1,843,260
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 .................... $15,100,000
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 ............................................................................................................... $68,610,397
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
0640-0006 For the development, upgrading and improvement of the lottery's electronic gaming systems; provided, that funds appropriated herein shall be used solely for upgrading aging electronic gaming systems to ensure the continued viability of the lottery program; and provided further, that the executive director of the Massachusetts lottery commission shall submit a report not later than February 1, 2006 to the house and senate committees on ways and means that shall include, but not be limited to, a detailed description of the problems with current electronic gaming systems, a plan with a time table for implementation of new gaming systems and the costs associated with said implementations.................................................. $1,000,000
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; and 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, as established herein, to promote innovations in the arts and humanities within the commonwealth through the disbursement of cultural economic development grants including grants for cultural activities that have the capacity to revitalize communities, stimulate income, create or enhance jobs, and attract tourism; provided, that said funds shall be administered by the Massachusetts cultural council; provided further, that the mission of grant applicants may include demonstrated scholarship or creativity in, or distinguished service to, the arts and humanities; provided, that grants may focus on seed funding for early stage planning or implementation, creation of enduring partnerships among cultural and non-cultural organizations, defined community needs or opportunities, and creation of innovative and sustainable development models that can be replicated throughout and beyond the commonwealth; provided further, that eligible applicants shall include, but not be limited to, not-for-profit organizations and public sector entities; provided further, that collaborating partners may also include private, for-profit organizations, educational institutions and state or federal agencies; provided further, that grants shall not exceed $100,000 and shall be leveraged by not less than $1 for each $1 granted; provided further, that preference shall be given to an applicant with multiple funding sources that can demonstrate project viability, community support and potential for long-term sustainability; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund ......................................................................................................... $1,500,000
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 revenue anticipation notes and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of costs among the various funds of the commonwealth; provided further, that the comptroller shall charge costs to such funds in accordance with such schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June 30, 2006 shall be charged to the various funds or to the General Fund or highway fund debt services reserves 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund ............................................... $20,950,000
0699-9101 For the purpose of depositing with the trustee under the trust agreement authorized in section 10B of the acts of 1997 an amount 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 Application 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, 2005 delineating the privatization contracts reviewed and monitored during fiscal year 2005; 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 $57,250 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 the said section 2B; provided further, that the auditor shall conduct an audit of bills and invoices submitted by private bar advocates in fiscal year 2005 to the committee for public counsel services pursuant to Chapter 211D of the General Laws; provided further, that said audit shall also review the procedures and policies implemented by said committee to verify and process said bills; provided further, that the committee for public counsel service shall fully cooperate with said audit; provided further, that the results of said audit shall be reported to the house and senate committees on ways and means not later than February 1, 2006; provided further, that said report shall include, but not be limited, to the following: 1) a complete list of the attorneys participating in the bar advocates programs; 2) the number of hours billed in fiscal year 2003, fiscal year 2004 and fiscal year 2005 by each private bar advocate; 3) a description and assessment of the type of records or other materials relied upon by said committee and private bar advocates to corroborate said bills and invoices, 4) the number of said billable hours attributed to in-court waiting time; 5) the average time that elapses between the disposition of a case and the submission of a bill or invoice, and 6) any evidence of fraud, inappropriate, duplicative or otherwise unsubstantiated billing by private bar advocates; provided further, that any evidence of inappropriate billing practices by said private bar advocates shall be referred to the appropriate prosecuting authority for further investigation of any illegal conduct; and provided further, that the auditor's office shall pay half of the administrative costs of the municipal finance oversight board from this item..................................................................... $14,740,688
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 of administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0810-0004 indicating both the number and costs for each category of claim; provided further, that 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; and provided further, that funds may be expended for the commission on uniform state laws............................................................................................................... $21,391,761
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
0810-0007 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..................... $1,588,135
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 ........................................................................... $3,020,008
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................................................................... $1,434,021
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 said unit shall investigate and report on all companies not in compliance with chapter 152 of the General Laws ............................................................. $280,164
Victim Witness Assistance Board.
0840-0100 For the operation of the Massachusetts office for victim assistance; provided, that the office shall submit a comprehensive report compiled from the information required of and submitted to the office by the trial court, the registry of motor vehicles and the state treasurer relative to the collection of assessments for the previous calendar year under section 8 of chapter 258B of the General Laws; and provided further, that the report shall be submitted to the house and senate committees on ways and means on or before 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 .......................................... $1,313,042
OFFICE OF THE INSPECTOR GENERAL.
0910-0200 For the operation of the office of the inspector general ................................... $2,551,966
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; provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to the provisions of this section; and provided further, that the comptroller shall report on said projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws ................................................................................................................. $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; and 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 regulatory oversight and to the house and senate committees on ways and means.................................................................. $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 security of surplus state properties; provided, that the division shall submit quarterly reports that detail the hire date, salary, and job title of every employee at the division and the amount associated with each bond authorization; provided further, the division shall submit a report that details every employee at the division including the hire date, salary, and job title for fiscal years 2002, 2003, 2004, 2005 and 2006 to the house and senate committees on ways and means on or before January 11, 2006; and 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.................................................................... $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 revenues collected up to a maximum of $700,000 from rents charged to agencies occupying said building for the maintenance and operation of said building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ......................................................... $700,000
1102-3232 For the division of capital asset maintenance and management; provided, that the division may expend an amount not to exceed $300,000 received from application fees charged in conjunction with the certification of contractors and subcontractors pursuant to section 44D of chapter 149 of the General Laws; and provided further, that only expenses, including staffing, incurred to implement and operate the certification program shall be funded from this item ... $300,000
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 ............................................................................... $6,474,189
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 buildings and the joint committee on rules of the house of representatives and the senate; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for any and all materials and services required in the operation of the state house .................... $500,000
Office on Disability.
1107-2400 For the office on disability .............................................................................. $585,280
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 .................................................................................... $1,726,915
Civil Service Commission.
1108-1011 For the civil service commission; provided, that the General Fund shall be reimbursed for the appropriation herein through a fee charged on a per claim basis; provided further, that said commission shall develop and implement regulations to implement said reimbursement to the General Fund; and provided further, the civil service commission shall have the power to assess a fee upon the appointing authority when inappropriate action has occurred ........ $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 the state indemnity health insurance plan and the preferred provider organization shall be funded from this item; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for said prior year costs; provided further, that said commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than one year; provided further, that the amounts received in payment for such charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of said chapter 32A and for the purposes of section 14 of said chapter 32A, the commonwealth's share of the group insurance premium for state employees who have retired before July 1, 1994 shall be 90 per cent and the commonwealth's share of the group insurance premium for state employees who have retired on or after July 1, 1994 shall be 85 per cent; provided further, that the commonwealth's share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that notwithstanding section 8 of chapter 32A of the General Laws, the commonwealth's share of such premiums for active state employees and their dependents whose salary, as determined by the commission in consultation with the human resources division and the office of the state comptroller, is between $0 and $34,999 shall be 85 per cent of such premiums and rates; provided further, that the commonwealth's share of such premiums for active state employees and their dependents whose salary, as determined by the commission in consultation with the human resources division and the office of the state comptroller, is $35,000 and greater shall be 80 per cent of such premiums and rates; provided further, that the commonwealth's share of such premiums for active state employees and their dependents who are hired after June 30, 2003 shall be 75 per cent of such premiums and rates; provided further, that notwithstanding any general or special law to the contrary, during fiscal year 2005, said commission shall continue to provide health insurance coverage for employees and members of the board of bar examiners, both full-time and part-time, that were employed by said board as of January 1, 2003 consistent with coverage provided to state employees pursuant to this item; and provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth's projected share of group insurance premiums for the next fiscal year. $934,010,107
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........................................................................................ $1,050,351
George Fingold Library.
1120-4005 For the administration of the library; provided, that said library shall maintain regular hours of operation from 9:00 a.m. to 5:00 p.m. ......................................................... $1,184,502
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 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 Hyannis, Springfield, Pittsfield, Fall River, and Worcester; provided further, that the department shall provide to the general court access to the municipal data bank; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account 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 such agencies are hereby authorized to expend said funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of said funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for said network; and 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 ................................................................................... $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; prior appropriation continued ................................................................................................................. $9,200,000
1232-0200 For the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board pursuant to chapter 21J of the General Laws and for the administration of the underground storage tank program associated with the implementation of chapter 21J of the General Laws; provided, that notwithstanding section 4 of chapter 21J or any other general or special law to the contrary, appropriations made in this item shall be sufficient to cover said administrative expenses of the underground storage tank program; provided further, that the board shall submit to the house and senate committees on ways and means a report on the status of the underground storage program, including, but not limited to, the number of municipal grants made for the removal and replacement of underground storage tanks and the reimbursements for remediated petroleum spills; provided further, that the report shall detail how many tanks are out of compliance with chapter 21J; and provided further, that the report shall be submitted not later than February 16, 2006, prior appropriation continued .................................... $1,978,678
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 all such payments shall be consistent with the purposes of the trust instrument for "A Hero's Welcome Trust Fund" ................... $23,000
A Hero's Welcome Trust Fund .............................. 100.0%
1410-0010 For the operation of the office of veterans' services; provided, that the office may fund a housing specialist from this item; and provided further, that the department may expend funds for the Glory 54th Brigade ..................................................................................... $1,888,914
1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that said centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange ..................... $1,279,420
1410-0015 For the women veterans' outreach program ....................................................... $40,281
1410-0018 The department may expend for the maintenance and operation of Agawam and Winchendon veterans' cemeteries an amount not to exceed $300,000 from revenue collected from fees, grants, gifts or other contributions to the cemeteries ........................................ $300,000
1410-0100 For the revenue maximization project of the executive office of elder affairs to identify individuals eligible for veterans' pensions who are currently receiving home health care services $98,000
1410-0250 For homelessness services.......................................................................... $1,833,318
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 . $2,108,043
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 commissioner of veterans' services shall file with the house and senate committees on ways and means a report detailing the number of applications received for annuities offered under this program at the end of each fiscal quarter................................................................................. $12,339,263
1410-0400 For reimbursing cities and towns for money paid for veterans' benefits and for payments to certain veterans; provided, that the reimbursements shall be made pursuant to section 6 of chapter 115 of the General Laws; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amounts of veterans' benefits paid by cities and towns to residents of a soldiers' home shall be paid by the commonwealth to the several cities and towns; provided further, that pursuant to section 9 of 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 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 costs to the commonwealth and its municipalities; provided further, that veterans' agents shall complete applications authorized by the executive office of health and human services 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 commissioner 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 ................................................................................................................. $5,000,000
1599-0049 For contract assistance payments to the Foxborough Industrial Development Finance Authority in accordance with section 8 of chapter 16 of the acts of 1999 ...................... $5,337,628
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, 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 joint committee on transportation and the house and senate committees on ways and means a report on snow and ice control efforts not 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 1999, 2000, 2001, 2002, 2003, 2004 and 2005; (b) a comparison of the average snowfall by county as reported by the national weather service and the amount of state snow and ice control effort funds appropriated by county for fiscal years 1999, 2000, 2001, 2002, 2003, 2004 and 2005; (c) a detailed account of the administrative oversight exercised by either the secretary for administration and finance, the secretary of transportation or the department of highways for snow and ice control efforts, including an explanation of measures taken to verify services provided, audit vendor payment vouchers, or any other measures taken to ensure accountability relative to the expenditure of the state funds for snow and ice control efforts; (d) a comparison delineated by county of the commonwealth of the amounts expended on snow and ice control efforts to the daily snowfall amounts as reported by the national weather service; (e) information on the transponder program that was implemented during fiscal year 2004, including, but not limited to, the number and cost of transponders leased or purchased, costs associated with maintenance and warranties for said transponders, the useful life of said transponders, the number of incidents when transponders failed or malfunctioned, the number of transponders that were damaged, estimated costs of continuing said program, the compliance rate of vendors using transponders, the number of transponders that were damaged or broken, the number of appeals by contractors for transponders that may have failed or malfunctioned, a list of any contractors that were accused of, charged with or prosecuted for fraudulent snow and ice removal claims; and (f) any other information that said secretary determines is necessary to account for and explain the extraordinary expenditure of state appropriations for the control and removal of snow and ice; and provided further, that the study 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............................................................................................ $37,500,000
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 fiscal year 2005 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; and provided further, that no funds shall be expended
for any settlements pursuant to Superior Court Civil Action No. 03-1913 BLS Allen's Pharmacy Cape Ann, &
others vs. Christine C.
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, subsequent to the expiration of the commonwealth’s federal welfare waiver on September 30, 2005 and with any additional costs or requirements imposed as a result of federal temporary aid for needy families block grant reauthorization; 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, so-called, administered within said 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 said 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; provided further, that said reports shall include a description of all new requirements imposed on recipients of transitional aid to families with dependent children as a result of federal actions, an analysis of the individuals subject to work requirements as a result of said 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, a detailed plan for addressing the needs of any recipient who is subject to work requirements as a result of said federal actions and any legislative or budgetary recommendations necessary to implement that plan; and provided further, that said reports shall be provided to the chairs of the house and senate ways and means committees, the house and senate chairs of the joint committee on children and families and the house and senate chairs of the joint committee on education............................................................................................................... $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 operational services division shall condition the expenditure of the reserve upon assurances that the funds shall be used solely for the purposes of adjustments to wages, compensation or salary; provided further, that not later than February 15, 2006, the division shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving such adjustment in fiscal year 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 $10,000,000; provided further, that $7,000,000 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 department of elder affairs; provided further, that $3,000,000 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 department 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 ................................................................................................ $10,000,000
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 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 in the Essex District Attorney’s Office............. $700,000
Division of Human Resources.
1750-0100 For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth's human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the commissioner of administration shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that no funds shall be obligated for purposes of executive search programs except any executive search program which may be conducted pursuant to Executive Order 227 adopted on February 25, 1983; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards and reviewing appeals for reclassification; provided further, that upon certification of any open competitive list for a public safety position in a city or town, the personnel administrator shall cause to be published in a newspaper of general circulation in a city or town, public notice that such eligible list has been certified along with the notice of the last date to respond to the notice of circulation; provided further, that the secretary for administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees' unions; provided further, that the nature and scope of economic proposals contained in such agreements shall include all fixed per centage 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 revenues up to a maximum of $1,327,500 from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions, and the general public fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil examination, notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system $1,327,500
1750-0111 For the planning and implementation of a civil service continuous testing program and the operation of the bypass appeals process program; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the number of tests administered and the amount of revenue collected through said program ............ $102,437
1750-0119 For payment of workers' compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify said former employees pursuant to current workers' compensation procedures ..................................... $233,350
1750-0201 The division may expend an amount not to exceed $163,115 for implementation of the medical and physical fitness standards program established pursuant to sections 61A and 61B of chapter 31 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 said program including, but not limited to, the costs of personnel, consultants, administration of the wellness program, establishment of standards and any other related costs of said program; and provided further, that said division shall report to the house and senate committees on ways and means by February 1, 2006 on the projected costs of said program for fiscal year 2006............................................................................ $163,115
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 2004 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 2004 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 ......................................................................................... $1,368,559
1775-0124 The operational services division may expend an amount not to exceed $300,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division's audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; provided, that the division may only retain revenues collected in excess of $207,350 ....................................................................................... $300,000
1775-0600 The operational services division may expend revenues collected up to a maximum $100,000 from the sale of state surplus personal property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel .................................................................................................................... $100,000
1775-0700 The operational services division may expend revenues collected up to a maximum of $53,000 in addition to the amount authorized in item 1775-1000 of section 2B, for printing, photocopying, related graphic art or design work and other reprographic goods and services provided to the general public, including all necessary incidental expenses ................................ $53,000
1775-0900 The operational services division may expend revenues in an amount not to exceed $55,000 collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter 7 of the General Laws, including the costs of personnel, from the sale of federal surplus property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system .......................................................................................................... $55,000
1775-1100 The operational services division may expend revenues in an amount not to exceed $250,000 collected from the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel .................................................................................................................... $250,000
Information Technology Division.
1790-0100 For the operation of the information technology division; provided, that the division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth's human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall develop a formula to determine the cost that will be charged to each agency for its use of the human resources and compensation management system; provided further, that the division may coordinate with any state agency or state authority which administers a grant program to develop a statewide grant information page on the commonwealth's official worldwide web site, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May 16, 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 ................................................................................................................. $5,328,136
1790-0300 The information technology division may expend up to a maximum of $467,837 in revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment .......................................... $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 ......................................................... $5,326,905
2000-9900 For the office of geographic and environmental information established pursuant to 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, that the department shall be prohibited from increasing the number of full-time employees paid from this item above the number assigned to this item on March 1, 2003; 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 ....................................................................................................... $2,140,647
2010-0200 For redemption centers; provided, that the department of environmental protection shall expend the funds appropriated herein for a program to preserve the continuing ability of redemption centers to maintain operations in pursuit of the commonwealth's recycling goals consistent with section 323 of chapter 94 of the General Laws; provided further, that for the purposes of this item and said chapter 94, a redemption center shall be any business registered with the commonwealth whose primary purpose is the redemption of reusable beverage containers; provided further, that such program shall take into consideration the volume of redeemables per redemption center, the length of time such center has been in operation, the number of returnables redeemed quarterly by such centers, the submission by such centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; and provided further, that said redemption centers shall be eligible for such funds if they were registered with the commonwealth as of 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 ....................................................................................... $1,301,502
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 funds from this item shall not be expended for the purposes of item 2030-1004 $9,813,746
2030-1004 For environmental police private details; provided, that the office may expend revenues of up to $250,000 collected from fees charged for private details .................................... $250,000
Department of Environmental Protection.
2200-0100 For the operation of the department of environmental protection, including the environmental strike force, the office of environmental results and strategic planning, the bureau of resource protection, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research, notwithstanding the provisions of section 323F of chapter 94 of the General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws; 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........................................................ $28,373,935
2200-0102 The department of environmental protection may expend an amount not to exceed $1,200,000 from revenues collected from fees collected from wetland permits; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that the department shall submit a report by 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 on or before February 1, 2006 detailing the status of the department's progress in meeting the statutory and regulatory deadlines associated with said chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation requirements of said chapter 21I ............................................................................................................... $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 ............... $901,064
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; provided, that the department shall submit a report to the house and senate committees on ways and means on or before October 1, 2005 detailing the number of full-time equivalent positions assigned to tier IA, tier IB, tier IC and tier 1I projects....... $14,211,075
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 commissioners office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the riverways programs, and all other programs under the control of the department of fish and game; provided further, that the purpose of said assessments shall be to cover appropriate administrative costs of the department, including but not limited to payroll, personnel, legal and budgetary costs; and provided further, that said amount and contribution from each division or program shall be determined by the commissioner of fish and game .................................................................................................................... $446,906
2300-0101 For a program of riverways protection, restoration and promotion of public access to rivers, including grants to public and non-public entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws ..................................... $415,905
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 may be expended to supplement the natural heritage and endangered species program................................................................................................................. $7,720,362
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 ................................................................................................................. $1,500,000
Inland Fisheries and Game Fund ........................... 100.0%
2310-0317 For the waterfowl management program pursuant to section 11 of chapter 131 of the General Laws ............................................................................................................. $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 trash dumpsters shall be prohibited in all public landings situated in residential areas; provided further, that the division of fisheries and wildlife shall post signs in said areas prohibiting littering; provided further, that said signs shall require users of said public landings to carry off all personal belongings and trash; and provided further, that positions funded herein shall not be subject to the provisions of chapter 31 of the General Laws .................................................................................................................... $370,760
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................................................................................................. $3,716,824
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, 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, 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 .................................................................................. $3,589,711
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 ................................................. $100,000
Department of Conservation and Recreation.
2800-0100 For the operation of the department of conservation and recreation; provided, that said department shall enter into an interagency service agreement with the department of state police to provide police coverage on department of conservation and recreation properties and parkways; provided further, that the department of state police shall reimburse said department of conservation and recreation for costs incurred by said department including, but not limited to vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding 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 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 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; and 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 ........................................................................................ $4,550,304
2800-0101 For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the department and the office of water resources in the department of conservation and recreation; provided, that $500,000 shall be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of the payment shall be charged to the General Fund and not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to the authority under section 113 of chapter 92 of the General Laws; and 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...................................................... $1,147,489
2800-0200 For the operation of the Commonwealth Zoological Corporation pursuant to chapter 92B of the General Laws; provided, that funds appropriated in this item shall be expended for the purposes of promoting private fundraising, achieving self-sufficiency and serving as a catalyst for urban economic development and job opportunities for local residents; provided further, that the corporation shall take all steps necessary to increase the amount of private funding available for the operation of the zoos; provided further, that 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 .... $6,000,000
2800-9004 For certain payments for the maintenance and use of the trailside museum and the Chickatawbut Hill center ................................................................................ $375,000
2810-0100 For the operation of the division of state parks and recreation; provided, that funds appropriated herein shall be used to operate all of the division's parks, heritage state parks, reservations, campgrounds, beaches, pools, and, for the oversight of rinks, to protect and manage the division's lands and natural resources including the forest and parks conservation services and the bureau of forestry development; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the department is authorized to issue grants to public and non-public entities from this item; and provided further, that the level of funding for the beaches from this item in fiscal year 2006 shall not be reduced from fiscal year 2005 ............................................................................... $18,828,810
2810-0300 For the beaches under the control of the department of conservation and recreation; provided, 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 said 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 that will 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........ $750,000
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 herein; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding the section 1 of the chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period ................................................................. $5,417,735
2810-2040 The division of state parks and recreation may expend revenues collected up to a maximum of $3,703,218 from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system of the division; provided, that no funds from this item shall be expended for the costs of personnel, including seasonal employees; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that the variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item ..................... $3,703,218
2820-0100 For the administration, operation and maintenance of the division of urban parks and recreation including, the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the division, flood control activities of the division, purchase of all necessary supplies and related equipment, and the civilianization of crossing guards located at division intersections where state police previously performed such duties; provided, that said parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the division of urban parks and recreation; provided further, that no funds from this item shall be made available for payment to true seasonal employees; and provided further, that the level of funding for the beaches from this item in fiscal year 2006 shall not be reduced from fiscal year 2005............................................................................................................... $21,370,203
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 said 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 section 1 of chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12 month period .......................... $2,991,820
2820-1000 The division of urban parks and recreation may expend an amount not to exceed $200,000 from revenue generated pursuant to section 34B of chapter 92 of the General Laws .... $200,000
2820-1001 The division of urban parks and recreation may expend $50,000 for the operation and maintenance of the division's telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways central artery/Ted Williams tunnel project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system ................. $50,000
2820-2000 For the expenses of snow and ice control on the parkways within the division of urban parks and recreation, including the costs of personnel; provided, that the department of conservation and recreation shall take all measures to ensure that said department's snow and ice control efforts are efficient and cost affective; provided further, that the secretary of environmental affairs shall submit to the house and senate 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 an amount not to exceed $1,000,000 from skating rink fees and rentals for the operation and maintenance, including personnel costs, of four rinks between 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 said 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 revenues up to $1,100,000 collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning no earlier than April 1 and ending no later than November 30 ............................................................................... $1,100,000
2820-4421 For the operation and maintenance of the Leo J. Martin golf course; provided, that the division of urban parks and recreation may expend revenues up to $700,000 collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30 ................................................................................................ $700,000
2820-9005 For the operation of street lighting on the division of urban parks and recreation parkways; provided, that no expenditure shall be made other than in the GG 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....... $2,756,000
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 said department; provided, that funds from this item shall be expended to develop an implementation plan for a workforce development system, pursuant to section 5 of chapter 15D of the General Laws; provided further, that funds from this item shall be expended to hire a deputy commissioner of workforce development who shall have responsibility for developing and implementing the workforce development plan 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 funds from this item shall be expended on 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; provided further, that the department shall collaborate with the department of education to ensure that said database is compatible with the SIMS database so-called, and any other relevant database at the department of education; provided further, that funds from this item shall be expended to begin 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 community partnership councils under the control and supervision of said department, and the child care resource and referral agencies under the control and supervision of said department, the department of education, 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, and 3000-7060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of said funds to be transferred and which said 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; provided further, that the department shall, as part of the workforce development plan to be established by December 31, 2005, pursuant to section 5 of chapter 15 of the General Laws, include within such report a summary and analysis of any local and regional workforce needs assessments carried out under items 3000-2000 and 3000-4000; provided further, that, no later than February 15, 2006, the department shall issue a report on the statewide need for pre-school along with estimated costs for providing such services over various time frames to be determined by the commissioner; provided further, that said report shall be issued to the secretary of administration and finance, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on education, and the house and senate chairs of the joint committee on children and families, and shall include a summary and analysis of all local and regional needs assessments carried out under the provisions of items 3000-2000, and items 3000-4000; and provided further, that said board may enter into interagency service agreements with other state agencies for the administration of early education and care programs and services ................. $10,307,670
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 notwithstanding the provisions of any general or special law to the contrary, said regional offices and the child care resource and referral system operated by said offices, shall be under the control and supervision of the department of early education and care established pursuant to chapter 15D of the General Laws; provided further, that not later than November 15, 2005, the regional offices shall compile all local workforce needs assessments carried out under item 3000-4000 into regional workforce needs assessments, which shall be forwarded to the department for compilation into the workforce development plan required under section 5 of chapter 15 of the General Laws; provided further, that, not later than January 15, 2006, said regional offices shall compile all local pre-school needs assessments into regional pre-school needs assessments, which shall be forwarded to the department for compilation into a single statewide pre-school needs assessment; and provided further, that not later than February 15, 2006, the department shall issue a report to the secretary of administration and finance, the chairs of the house and senate committees on ways and means, the house and senate chairs of the education committee, and the house and senate chairs 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 ........................................... $870,198
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 pre-school programs and services provided to children from the age of two years nine months until the age of five or entrance into kindergarten, and provided 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, notwithstanding the provisions of any general or special law to the contrary, community partnership councils established pursuant to section 54 of chapter 15 of the General Laws shall be under the control and supervision of the department of early education and care established pursuant to chapter 15D of the General Laws; provided further, that the commissioner of early education and care shall allocate to each community partnership council established pursuant to section 54 of chapter 15, the same amount of funding it received from this item in fiscal year 2005, subject to approval of the council’s proposal by the commissioner and board of early education and care; provided further, that in any community partnership council in which there was only 1 lead agency in fiscal year 1995, such lead agency shall serve as lead agency to submit proposals in fiscal year 2006; provided further, that, not later than August 1, 2006, the department, in collaboration with the department of education, shall provide grants to each council sufficient to ensure that every child who received services through this item in fiscal year 2005 continues to receive services in fiscal year 2006 under the same terms and conditions as in fiscal year 2005; provided further, that the difference between the council’s total allocation and the grant for continuation of existing services shall be available for: expansion of services to additional children in fiscal year 2006, quality enhancement initiatives for existing programs and service providers, program stabilization in existing programs, and needs assessments focused on determining the need for workforce development and pre-school service in the region served by the council; provided further, that each proposal for expansion grants shall include a detailed budget indicating the amount the council proposes to spend for each of the four eligible purposes; provided further, that any expansion slots recommended by the council to serve additional children who did not receive services in fiscal year 2005 shall be used to provide services to children of working parents older than two years and nine months and younger than four years old, according to rules and regulations promulgated by the department; provided further, that the eligibility standards for said services shall be the same as those used by the department of education prior to passage of this act; provided further, that councils shall give priority in awarding expansion slots to children on the wait list formerly maintained by the office of child care services; provided further, that the department may waive this requirement for any council which can demonstrate that all eligible children who, as of July 1, 2005, were on said wait list in the region served by the council are receiving child care services; provided further, that said 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 where feasible and practicable, not less than one-third of any new slots funded in this item shall be for full-day, full-year care that meets the needs of working parents; provided further, that where feasible, and subject to appropriation, the department and local council shall work with local providers to ensure that any three year old child offered an expansion slot is guaranteed services by said provider until entrance into kindergarten in order to maximize the developmental and educational benefits of pre-school for the child; provided further, that the council may recommend as part of its proposal quality enhancement initiatives for providers within its region; provided further, that eligible purposes for such initiatives shall include: professional development and workforce development efforts, assistance with the costs of meeting new and advanced licensure standards, accreditation costs, and such other costs as the commissioner shall approve; provided further, that, in order to preserve existing slots, classrooms, and programs to the extent possible, and ensure that the Commonwealth does not lose existing capacity in its early education and care infrastructure, a council may recommend stabilization grants be provided to any provider which would otherwise lose funds or close programs as a result of the transition to a unified system of early education and care and universal pre-school; provided further, that the department shall provide funds to interested councils in order to conduct local needs assessments within the region served by the council in order to ascertain the workforce development needs of providers of early education and care in said region for the purpose of aiding the department with the workforce development plan required by section 5 of chapter 15D of the General Laws, and to determine the need for pre-school with in said region; provided further, that any council seeking funds shall include a detailed description of its proposed study methodology in its funding proposal to the department; provided further, that any needs assessment carried out for the purposes of determining the workforce development needs of a region shall include, where possible, an analysis of the number and type of providers in the region, the educational attainment of all early educators currently working in the region, the number of said educators who would require additional coursework to meet the standards of the department, the estimated cost of enabling all providers in the region to achieve the new quality standards promulgated by the department, the providers within the region who could most benefit from additional training or coursework, the number who have expressed interest in such workforce or professional development, and such other information as the commissioner may determine relevant; provided further, that any assessment of the need for pre-school services shall include, at minimum: the number and type of providers in the region, the number of available slots in the region, the estimated number of children of pre-school age in the region, the number of pre-school aged children receiving early education and care programs and services in the region without any public subsidy, the number of pre-school aged children receiving early education and care programs and services with public subsidy and the nature of the subsidy, the number of pre-school aged children not receiving any early education and care programs or services, and an estimate of the cost of providing such services using various eligibility standards and guidelines as determined by the department; provided further, that the department may require, as a condition of receiving funds for needs assessment purposes, that the local council coordinate its evaluation and study with the regional offices established under item 3000-2000; provided further, that no funds may be expended from this item for administrative costs of the department of early education and care; provided further, that recipients of grants distributed from this item shall not expend more than 8 per cent of said grants for administrative costs; provided further, that said administrative costs shall be limited to a local council coordinator and administrator, approved by the commissioner, and such other expenses as the department shall deem appropriate; provided further, that said coordinator may also serve, with the commissioner’s approval, as a local workforce development coordinator to assist in creating and implementing the workforce development plan developed by the department pursuant to section 5 of chapter 15D of the General Laws; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary .................................................................................... $68,700,570
3000-4050 For child care vouchers and contracted child care programs for low-income families; provided, that, notwithstanding the provisions of any general or special law to the contrary, vouchers, contracts, and other 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 further, 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 department 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 child care shall be provided, under the employment services program, or any successor program, to recipients of transitional aid to families with dependent children, former recipients of said transitional aid who are employed during the year after termination of benefits, former recipients of said 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 the provisions of chapter 118 of the General Laws, section 110 of chapter 5 of the acts of 1995, or any other applicable statute or regulation, but for the deeming of grandparents' income, and for former recipients of said 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, so-called; provided further, that recipients of said 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 not less than the same amount shall be spent on income eligible child care programs in fiscal year 2006 as was spent on these programs in fiscal year 2005, unless in the opinion of the department, said restriction will prevent the department from meeting its obligations to recipients and former recipients of transitional aid to families with dependent children as provided in this item; 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 ........................................................................ $285,702,417
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 further, that not less than $1,321,145 shall be expended for activities to increase the supply of quality early education and care programs and services for infants and toddlers; provided further, that not less than $234,248 shall be expended for resource and referral and school-age child care activities; provided further, that no funds from this item shall be used to fund capital assets or equipment for for-profit providers or agencies; and provided further, that no funds may be expended, obligated or transferred from this item prior to the submission of written certification by the commissioner to the house and senate committees on ways and means that all planned expenditures and allocations from this item shall have no fiscal impact beyond fiscal year 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 and 3000-7060, and 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 ............................................. $12,056,352
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, 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 and 3000-7050, and 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 ....... $1,000,000
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 and nonprofit community centers; provided, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; and 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...................................................................................................... $2,029,000
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 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 notwithstanding the provisions of any general or special law to the contrary, the executive office shall require the commissioner of mental health to approve any prior authorization or other restriction on medication used to treat mental illness in accordance with written policies, procedures and regulations of the department of mental health; provided further, that federal reimbursements received for administrative expenditures made pursuant to this item shall be credited proportionally to the General Fund and the Children's and Seniors' Health Care Assistance Fund, established under section 2FF of chapter 29 of the General Laws, in the same per centages as expenditures are made from this item; provided further, that in determining inpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions, rate adjustments and passthrough payments, as was in effect on July 1, 2003; provided further that in determining outpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions and rate adjustments, as was in effect on October 1, 2003; provided further, that any hospital with a unit designated as a pediatric specialty unit, as defined by this act, shall be exempt from the inpatient and outpatient efficiency standards, so called, being applied to their rate methodology; provided further, that said executive office shall use the same pricing methodology for durable medical equipment and oxygen as was in effect on July 1, 2003; provided further, that said executive office shall not reduce the supplement to chronic disease and rehab hospitals administrative day rate below that which was granted during hospital fiscal year 2005; provided further, that said executive office in fiscal year 2006 shall not eliminate payment to hospital outpatient departments for primary care provided to MassHealth members; provided further, that not later than September 1, 2005, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing reasons for increases in chargebacks between fiscal years 2005 and 2006 for all 17 executive office cluster agencies including, but not limited to, service rates used in determining each charge type, number of staff hours per agency per service type, and a subsequent explanation as to how the increases result in a cost savings for each agency and the commonwealth, and why there is no subsequent decrease in the executive office administrative costs; and provided further, that said report shall provide a detailed explanation and so-called crosswalk of the transition of both funding and staff members from each agency to the executive office in fiscal years 2005 and 2006 for consolidation of centralized services; and provided further, that funds in items 4000-0430, 4000-0500, 4000-0600, 4000-0620, 4000-0700, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, 4000-0895, 4000-0990 and 4000-1400 shall be made available during the accounts payable period of fiscal year 2006 for services rendered prior to June 30, 2006.................................................... $123,341,223
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, that any revenues collected by the executive office not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; provided further, that the executive office shall file quarterly with the house and senate committees on ways and means, a report delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures; and provided further, that additional categories of recoveries and collections, including the balance of any personal needs accounts collected from nursing and other medical institutions and a recipient's death and held by the executive office for more than 3 years may, notwithstanding any general or special law to the contrary, be credited to this item after providing written notice to the house and senate committees on ways and means and the secretary of administration and finance $291,000,000
4000-0352 For MassHealth enrollment outreach grants to public and private non-profit groups to be administered by the executive office................................................................ $250,000
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, the same time period governing applications under Title XIX of the Federal Social Security Act ............................................................................................................... $84,396,753
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 $10,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units, including pediatric chronic and rehabilitation long-term care hospitals as allowable under federal law; and provided further, that $11,700,000 shall be expended on disproportionate share payments to high public payer hospitals ........................................................................................................... $2,093,169,186
Department of Elder Affairs.
4000-0600 For health care services provided to medical assistance recipients under the department's senior care plan; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that not less than $9,240,000 shall be expended for the purposes of a demonstration project known as the "community choices" initiative, so-called; provided further, that under the demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver, so-called, shall be covered for any needed community services, including case management, from among those services available under the waiver or under the commonwealth's Title XIX state plan, for the purpose of delaying or preventing an imminent nursing home admission; provided further, that elders enrolled in the waiver at risk of imminent nursing home admission shall be provided information about the availability of such services; provided further, that for elders who, pursuant to the aforementioned interagency agreement, have been determined to be at such imminent risk, have chosen to remain in the community, and for whom community care is medically appropriate, the department shall establish a funding level that, on a monthly average basis, is equal to fifty 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 interagency agreement shall be amended to implement the demonstration project and shall describe how the funding level will be made available to meet the costs of needed waiver services or other needed community services available to the elders under the state plan; provided further, that the department shall enter into an agreement with each aging service access point participating in the demonstration, which shall describe a system to be followed by each aging service access point, in accordance with state law and requirements under Title XIX of the Social Security Act, for coordination of both waiver and non-waiver community services needed by such eligible elders; provided further, that each aging services access point receiving funds under the demonstration project shall submit monthly reports to the executive office of health and human services and to the department of elder affairs on the care provided and the service expenditures made under the 2176 elder care waiver and such other information as specified by the department and the executive office; provided further, that executive office of health and human services shall prepare a report on all relevant costs and savings associated with the demonstration project; provided further, that the report shall be submitted to the house and senate committees on ways and means by April 3, 2006; provided further, that the department shall in correlation with the senior care options program explore options for enrolling the senior care population into managed care programs through federal waivers or other necessary means; provided further, that effective July 1, 2005 through June 30, 2006, the division of health care finance and policy in collaboration with the department of elder affairs shall establish nursing facility payment rates and fully fund allowable costs using calendar year 2002 base year costs; provided further, that the secretary of elder affairs may transfer not more than 3 per cent of funds appropriated in this item to item 4000-0620; and provided further, that the department shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer ................................... $1,926,481,999
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 ................................. $95,998,937
Office of the Secretary.
4000-0700 For health care services provided to medical assistance recipients under the executive office's health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office's managed care or senior care plans; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; and provided further, that expenditures from this item shall be made only for the purposes expressly stated in this item ............................................................................................. $1,580,139,483
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 seek to obtain federal approval to limit the provision of said benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level; provided further, that eligibility for such benefits shall be extended solely for the duration of such cancerous condition; provided further, that prior to the provision of any benefits covered by this item, said division shall require screening for either breast or cervical cancer at the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with 4570-1512 of section 2D; provided further, that the executive office shall seek to obtain federal approval for the implementation of a cost sharing system, including co-pays and sliding scale premiums for women whose annual income is between 133 per cent and 250 per cent of the federal poverty level; provided further, that funds shall only be expended and such program implemented, subject to federal approval and the availability of federal financial participation; and provided further, that all federal reimbursements received for expenditures from this item pursuant to the provisions of Title XIX of the federal Social Security Act shall be credited to the General Fund ....................................................................... $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 24D of chapter 111 of the General Laws; provided, 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 federal poverty level, the cost of each segment of the population delineated by federal poverty level, as well as any long term cost savings achieved by providing the services to the populations; provided further, that the executive office shall include in said report a breakdown of the costs incurred by said program from the time when eligibility was expanded to 225 per cent of the federal poverty level; and provided further, that funds may be expended from this item for health care services provided to recipients 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 pre-screen enrollees and applicants for Medicaid eligibility; provided further, that no applicant shall be enrolled in said program until said applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children's medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of said children; provided further, that any projection of deficiency in this item shall be reported to the house and senate committees on ways and means not less than 90 days prior to the projected exhaustion of funding; provided further, that the executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10E of chapter 118E of the General Laws; provided further, that said maximum benefit levels for this program shall be made available only to those children who have been determined by the executive office to be ineligible for MassHealth benefits; provided further, that the secretary of the executive office shall certify quarterly in writing to the house and senate committees on ways and means that premiums established pursuant to the fourth paragraph of said section 10E of said chapter 118E have been paid by all enrollees for whom said premiums are applicable; and provided further, that funds may be expended from this item for health care services provided to recipients 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, 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; and provided further, that any alien age 19 or older shall not receive benefits under this item if the alien has a sponsor, as defined in Federal law, whose income, as determined by the executive office, exceeds 200 per cent of the federal poverty level........................................ $128,567,170
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 the division shall share financial data and expertise about the Massachusetts health care industry with the Massachusetts Institute for Social and Economic Research for the purpose of enhancing, developing and marketing data products for the public; provided further, that the division and the institute shall share any revenue generated through sale, licensure, royalty and usage fees charged for said data products; provided further, that not later than October 24, 2005 the division shall submit to the comptroller and to the house and senate committees on ways and means a report describing the method by which the division shall generate revenues through said sale, licensure, royalty, and usage fees in an amount sufficient to meet 25 per cent of the projected costs of the division in any fiscal year, as required by section 612 of chapter 151 of the acts of 1996; provided further, that funds may be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that for hospital fiscal year 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 shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by said division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided or industrial accident patients if such a change would financially benefit the commonwealth; provided further, that notwithstanding any general or special law to the contrary said division shall maintain the rate paid for the dispensing fees to retail pharmacies for prescribed drugs to publicly aided or industrial accident patients at $3 in fiscal year 2006; and provided further, that said division shall not use any funds appropriated from the health care quality improvement trust fund for operating costs, including rent and utilities ...................................... $12,530,216
OFFICE OF DISABILITIES AND COMMUNITY SERVICES.
4110-0001 For the office of the commissioner and the bureau of research; provided, that amounts appropriated to the commission in fiscal year 2006 that extend or expand services beyond the level of services provided in fiscal year 2005 shall not annualize above the amounts in fiscal year 2007 ......................................................................................................... $1,099,067
4110-1000 For the community services program; provided, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network ........................................................................ $3,711,958
4110-1010 For aid to the adult blind; provided, that funds may be expended from this item for burial expenses incurred in the prior fiscal year ...................................................... $8,351,643
4110-1020 For eligibility determination for the medical assistance program for the blind; provided, that the commission shall work with the executive office of health and human services, the department of mental retardation and other state agencies to maximize federal reimbursement for clients so determined through this item including, but not limited to, reimbursement for home and community-based waiver clients ..................................................................... $315,769
4110-2000 For the turning 22 program of the commission; provided, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services ........................................................ $8,611,435
4110-2001 For services to clients of the department who turn 22 years of age during state fiscal year 2006; provided, that the amount spent from this item shall not annualize to more than $435,000 in fiscal year 2007; provided further, that nothing stated herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services ....................................................................................... $295,000
4110-3010 For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees; provided further, that the commission shall submit a quarterly report to the house and senate committees on ways and means on the number of clients served, specific services received per number of clients, the amount expended on each service type, and the number of staff serving this client population; provided further, that said report shall include those clients served and staff paid from federal vocational rehabilitational funding; and provided further, that said report shall be submitted to the house and senate committees on ways and means.................................................................. $2,588,521
4110-4000 For the administration of the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to 3/4 of the salaries of current workshop employees; and provided further, that any funds received for goods and services purchased by private and public sector entities at Ferguson Industries shall be remitted to the General Fund .... $1,843,525
OFFICE OF DISABILITIES AND COMMUNITY SERVICES.
4120-1000 For the operation of the commission; provided, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; provided further, that the lists shall include client names and social security numbers and payee names and other identification, if different from a client's; and provided further, that amounts appropriated in items of the department that extend or expand services beyond the level of services provided in fiscal year 2005 shall not annualize above the amounts in fiscal year 2007............................................................. $571,395
4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally reimbursed state employees; and provided further, that the commissioner, in making referrals to service providers, shall take into account the client's place of residence and the geographic proximity of the nearest provider to said residence......................... $7,476,987
4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided $7,960,068
4120-4000 For independent living assistance services......................