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SECTION 2.       

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.......................................................................................................................................................... $7,405,949

 

0320-0010        For the operation of the clerk’s office of the supreme judicial court for Suffolk county..... $1,188,510

 

0321-0001        For the operation of the commission on judicial conduct ........................................................... $565,278

 

0321-0100        For the services of the board of bar examiners ............................................................................ $1,087,055

 

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, 2007 that shall include, but not be limited to the following: (a) the number of clients assisted by the committee in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population, and cost; (c) the total number of persons who received legal services by the committee, by type of case and geographic location; (d) the costs for services rendered per client, by type of case and geographic location; (e) the amount paid, if any, to the committee by clients for services rendered by type of case and geographic location; (f) the average cost for services rendered by the committee by type of case; (g) the average number of hours spent per attorney or staff per type of case; and provided further, that the committee shall submit a report to the house and senate committees on ways and means not later than January 31, 2007 that shall include, but not be limited to the following: (1) the number of assignment of counsel that this appropriation has shifted from private bar advocates to the public defender division since the effective date of this act, (2) the number of public defender positions filled and the location of the Sexually Dangerous Persons office, (3) the amount of funding expended from this item to support the Sexually Dangerous Persons division of the committee, and (4) and what costs said funding paid for........................................................................................................................................................ $17,410,411

 

 

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 11 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 2007...................................................................................................................................................... $125,150,980

 

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.......................... $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 2007 .................................................. $8,736,000

 

0321-1600        For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that notwithstanding section 9 of chapter 221A of the General Laws, $1,204,604 shall be expended for the disability benefits project, $544,286 shall be expended for the Medicare Advocacy Project, and $2,490,993 shall be expended for the Battered Women’s Legal Assistance Project; provided further, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 30, 2007 that shall include, but not be limited to the following: (a) the number of persons whom the programs funded by the corporation assisted in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population, and cost; and (c) the total number of indigent or otherwise disadvantaged residents of the commonwealth who received services of the corporation, by type of case and geographic location; and provided further, that the corporation may contract with any organization for the purpose of providing the representation ...................................................................................................... $9,470,424

 

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................................................... $753,248

 

0321-2100        For the Massachusetts correctional legal services committee ..................................................... $820,000

 

0321-2205        For the expenses of the social law library located in Suffolk county ..................................... $1,979,671

 

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.................................................................................................................. $10,175,419

 

Trial Court.

 

0330-0101        For the salaries of the justices of the several departments of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within 30 days of the transfer........................................................................................................................................................ $48,142,445

 

 

0330-0300        For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreement, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rental and leases, operation of courthouse facilities, witness fees, printing expenses, equipment maintenance and repairs, court interpreter program, and insurance and chargeback costs; provided, that funds may be expended for the judicial training institute; provided further, that the chief justice for administration and management shall expend funds for the purposes of acquiring, through a lease agreement, suitable space  in the town of Belchertown for the district court of eastern Hampshire by November 1, 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 that division is located in the town of Belchertown as of said date; provided further, that 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 the chief justice shall submit a report to the house and senate committees on ways and means not later than September 1, 2006 detailing the status of said lease agreement; provided further, that 50 per cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that notwithstanding section 9A of chapter 30, or any general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any veteran, as so defined, who holds a trial court office or position in the service of the commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed term or an office or position under section 7 of chapter 30, and who (1) has held the office or position for not less than 1 year and (2) has 30 years of total creditable service to the commonwealth, as defined in chapter 32; provided further, that not less than $100,000 shall be expended for the implementation of a changing lives through literature program; provided further, that not less than $100,000 shall be expended from this item for a contract with Massachusetts General Hospital for a research program on abused children; provided further that not less than $300,000 shall be expended for the restoration and replacement of the dome and torch of the Bristol county superior court; provided further, that the chief justice for administration and management of the trial court shall make a report to the general court relative to the annual cost of maintaining the court system’s electronic equipment and systems and identify means to reduce the costs; provided further, that the report shall include, but not be limited to the following: an analysis of current equipment maintenance service contracts, a review of alternative equipment maintenance programs which, if implemented, would result in cost savings, better management of the equipment repair process, and enhanced equipment protection; provided further that in preparing the report the chief justice for administration and management may utilize the services of appropriate third parties knowledgeable in equipment service contracts; provided further, that the chief justice for administration and management shall file the report with the house and senate committees on ways and means on or before October 1, 2006; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that the report shall include, but not be limited to, the number of cases in which the assessment was reduced or waived by a judge or clerk-magistrate within the courts; provided further, that the report shall be submitted to the victim and witness assistance board on or before January 14, 2007; and provided further, that not less than $9,903,211  shall be expended for the rental of county court facilities, in accordance with section 4 of chapter 29A of the General Laws; and provided further, that all county facilities shall be reimbursed at 100 per cent from this item in fiscal year 2007...................................................................................................................................................... $131,912,460

 

0330-0317        For the operation and expenses of the Massachusetts sentencing commission, pursuant to chapter 211E of the General Laws.................................................................................................................................................... $234,170

 

0330-0410        For alternative dispute resolution services for the trial court; provided, that the services shall be made available to the extent possible in connection with child care, protection and custody proceedings in juvenile and probate courts; provided further, that not less than $25,863 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield; provided further, that not less than $29,558 shall be expended for Berkshire Mediation Services Inc.; provided further that not less than $60,000 shall be expended for North Central Court Services, Inc.; provided further, that not less than $65,000 shall be expended for the North Shore Community Mediation Program in Salem; provided further, that not less than $65,000 shall be expended for Metropolitan Mediation Services; provided further, that not less than $62,811 shall be expended for Mediation Works, Inc; provided further, that not less than $50,000 shall be expended for Quabbin Mediation in Athol; provided further, that not less than $50,000 shall be expended for the Mediation and Training Collaborative of Franklin County in Greenfield; provided further, that not less than $65,000 shall be expended for Framingham Court Mediation Services; provided further, that not less than $60,000 shall be expended for the Cape Cod Dispute Resolution Center; provided further, that not less than $65,000 shall be expended for the Community Dispute Settlement Center, Inc., of Cambridge; provided further, that not less than $50,000 shall be expended for the Greater Brockton Center for Dispute Resolution; provided further, that not less than $48,031 shall be expended for the Somerville Mediation Program; provided further, that not less than $65,000 shall be expended for the Middlesex Multi-door Court House Program; and provided further, that not less than $40,000 shall be expended for the Martha’s Vineyard Mediation Program; and provided further, that not less than $42,737 shall be expended for Dispute Resolution Services, Inc. in the city of Springfield; and provided further, that not less than $50,000 shall be expended for Community Mediation of Worcester ................................................................... $943,189

 

0330-0441        For permanency mediation services in the probate and juvenile courts.................................... $500,000

 

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, 2007, detailing the number of court officers and security personnel located in each trial court of the commonwealth............................................................................................................................ $55,839,031

 

0330-3333        The chief justice for administration and management may expend an amount not to exceed $20,000,000 from fees charged and collected pursuant to section 3 of chapter 90C, chapter 185, section 22 of chapter 218 and sections 2, 4A, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that the chief justice shall only expend or allocate funds from this item to the 7 departments of the trial court for the operation of the departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days before the expenditures or allocations are made; provided further, that the only revenue available for expenditure in this item for fiscal year 2007 shall be revenue collected from the fees in excess of the amount collected and deposited into the General Fund in fiscal year 2003 from the fees; provided further, that no  allocation shall occur until the schedules have been approved by the committees; provided further, that the fees shall continue to be transmitted to the treasurer for deposit into the General Fund before the expenditure authorized by this item; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of one half of this authorization or the most recent revenue estimate therefor as reported in the state accounting system ........................................................................................................................................................ $20,000,000

 

0330-3334        The chief justice for administration and management may expend an amount not to exceed $20,000,000 from fees charged and collected pursuant to section 87A of chapter 276 of the General Laws; provided, that the chief justice shall expend or allocate funds from this item only to the district court and Boston municipal court departments of the trial court for the operation of those departments; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days before the expenditures or allocations are made; provided however, that the chief justice shall allocate or expend the funds authorized in this item in a manner that accounts for the individual district court’s compliance with section 13 of chapter 300 of the acts of 2002; and provided further, that the fees shall continue to be transmitted to the treasurer for deposit into the General Fund before the expenditure authorized by this item ............. $20,000,000

 

0330-3335        For salary adjustments for clerks and assistant clerks; provided, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means 30 days before the expenditures or allocations are made........................................................................................ $8,329,079

 

Superior Court Department.

 

0331-0100        For the administrative office of the superior court department including costs associated with the administrative office of the superior court department and the 15 divisions of the superior court; provided further, that not less than $59,323 shall be expended for the medical malpractice tribunals established in accordance with section 60B of chapter 231 of the General Laws; and provided further, that not less than $178,902 shall be expended for the Suffolk superior criminal court education and community outreach program.............................. $22,520,733

 

District Court Department.

 

0332-0100        For the office of the district court department, including a civil conciliation program and the 62 divisions of the district court............................................................................................................................................... $41,988,423

 

Probate and Family Court Department.

 

0333-0002        For the administrative office of the probate and family court department, the 14 divisions of the probate court, 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, the Middlesex probate court family services clinic, the Norfolk probate court family services clinic, and the Worcester probate court family services clinic; 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 the backlog each month;  provided further, that not less than $79,495 shall be expended for the operation of a child and parents program in the Barnstable probate court; provided further, that the child and parents program shall not be subject to paragraphs (a) and (b) of clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws; provided further, that not less than $191,719 shall be expended for the Suffolk county community access program for community outreach and education; provided further, that the program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that the program shall be administered by the register of probate of Suffolk county; and provided further, that not less than $191,719 shall be expended for the Middlesex community access program of community outreach and education; provided further, that the program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that the program shall be administered by the register of probate of Middlesex county $19,464,404

 

Land Court Department.

 

0334-0001        For the operation of the land court................................................................................................. $2,388,874

 

Boston Municipal Court Department.

 

0335-0001        For the operation of the Boston municipal court........................................................................ $8,280,140

 

Housing Court Department.

 

0336-0002        For the operation of the housing court department including costs associated with the administrative office of the housing court department and the 5 divisions of the housing court................................... $4,475,016

 

Juvenile Court Department.

 

0337-0002        For the administrative office of the juvenile court and the personnel and expenses associated with the expansion of the juvenile court, including Berkshire, Essex, Hampshire/Franklin, Hampden, Middlesex, Norfolk, Plymouth, Suffolk, Worcester and Nantucket/Dukes counties; provided, that $100,000 shall be expended on the CASA program in the Lawrence juvenile court; provided further, that $72,920 shall be expended for the CASA program in the Worcester juvenile court; provided further, that $72,920 shall be expended for the CASA program in the Plymouth county juvenile court; provided further, that $77,478 shall be expended for the Franklin/Hampshire CASA program, including Northampton, Greenfield, Orange and Ware district courts; provided further, that $54,690 shall be expended for a Berkshire CASA program in the Berkshire county juvenile court; provided further that $145,841 shall be expended for the CASA program in the Springfield juvenile court............................. $10,735,272

 

Office of the Commissioner of Probation.

 

0339-1001        For the office of the commissioner of probation; provided, that notwithstanding any general or special law, rule or regulation to the contrary, the commissioner, subject to appropriation, shall have exclusive authority to appoint, dismiss, assign and discipline probation officers, associate probation officers, probation officers-in-charge, assistant chief probation officers and chief probation officers; provided further, that the associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service subject to collective bargaining agreements to perform intensive, community-based supervision of probationers, including the provisions of intensive supervision and community restraint services as described in item 0339-1004; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that there shall be two regional program managers funded from this item who shall be responsible for the oversight of the management and daily operation of the probation electronic monitoring program; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to utilize the departments wage reporting and bank match system for the purpose of weekly tape-matching for the purposes of determining an individual’s eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports to the house and senate committees on ways and means detailing the progress of eligibility verification with the department; and provided further, that the report shall include, but not be limited to, the number of individuals to be found misrepresenting assets, revenue generated through collection of indigent client fees, the average indigent client fee that each court division collects per case since the effective date of this act, recommendations on improvements in verifying eligibility for counsel and other pertinent information to ascertain the effectiveness of verification............................................................................................. $122,198,950

 

0339-1003        For the operation of the trial court office of community corrections, including the costs of personnel $5,706,757

 

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 2007; 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, 2007; 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..................................................................................... $16,199,621

 

Office of the Jury Commissioner.

 

0339-2100        For the office of the jury commissioner in accordance with chapter 234A of the General Laws $2,310,457

 

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, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 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, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that not more than $125,000 shall be expended for a North Dorchester safe neighborhood initiative, in Suffolk county; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ........................................................................................................................................................ $15,446,370

 

0340-0101        For the overtime costs of state police officers assigned to the Suffolk district attorney’s office..... $345,683

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Middlesex District Attorney.

 

0340-0200        For the Middlesex district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following; (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year  2006 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, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in said program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further,  before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer........................................................................................................................ $12,113,638

 

0340-0201        For the overtime costs of state police officers assigned to the Middlesex district attorney’s office $478,682

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Eastern District Attorney.

 

0340-0300        For the Eastern district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007;  provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer; and provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program.......................................................... $7,738,780

 

0340-0301        For the overtime costs of state police officers assigned to the Eastern district attorney’s office $447,132

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Worcester District Attorney.

 

0340-0400        For the Worcester district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that $75,000 may be expended for financial criminal investigations; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007;  provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer  .................................................................................................. $8,277,330

 

0340-0401        For the overtime costs of state police officers assigned to the Worcester district attorney’s office $393,480

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

0340-0410        For the analyses of narcotic drug synthetic substitutes, poisons, drugs, medicines and chemicals at the University of Massachusetts medical school in order to support the law enforcement efforts of the district attorneys, the state police and municipal police departments................................................................................................ $450,000

 

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, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ............................................................................. $7,086,499

 

0340-0501        For the overtime costs of state police officers assigned to the Hampden district attorney’s office $322,619

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Hampshire/Franklin District Attorney.

 

0340-0600        For the Hampshire/Franklin district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in said fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; provided further, that not less than $150,000 shall be expended for the salaries and expenses of a children’s advocacy project; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................................ $4,717,216

 

0340-0601        For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney’s office       $226,191

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Norfolk District Attorney.

 

0340-0700        For the Norfolk district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ............................................................................. $8,074,889

 

0340-0701        For the overtime costs of state police officers assigned to the Norfolk district attorney’s office $416,910

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Plymouth District Attorney.

 

0340-0800        For the Plymouth district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; 3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ............................................................................. $6,564,669

 

0340-0801        For the overtime costs of state police officers assigned to the Plymouth district attorney’s office $340,554

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Bristol District Attorney.

 

0340-0900        For the Bristol district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ........................................................... $6,695,993

 

0340-0901        For the overtime costs of state police officers assigned to the Bristol district attorney’s office $318,380

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Cape and Islands District Attorney.

 

0340-1000        For the Cape and Islands district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that $125,000 shall be expended to support the sex offender management unit; provided further, that 2 prosecutors and administrative support shall be provided to the Cape Cod offender management task force; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that not more than $20,000 be expended for Cape & Islands Child Advocacy Center at Children’s Cove in Hyannis; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................................ $3,464,863

 

0340-1001        For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office            $271,954

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

Berkshire District Attorney.

 

0340-1100        For the Berkshire district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2006 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate or superior court in which the cases were managed or prosecuted; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2003, 2004, 2005 and 2006; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2007; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (1) total number of personnel from private law firms participating in the program; (2) name and address of the law firms; (3) duties performed by the personnel; and (4) benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $35,000; and provided further, before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ............................................................................. $3,167,184

 

0340-1101        For the overtime costs of state police officers assigned to the Berkshire district attorney’s office $126,739

General Fund .......................................................................  11.80%

Highway Fund ....................................................................  88.20%

 

District Attorneys’ Association.

 

0340-2100        For the operation of the Massachusetts District Attorneys’ Association, including the implementation and related expenses of the district attorneys’ office automation and case management and tracking system, and for the costs associated with maintaining the association’s wide-area network; provided further, that the 11 district attorneys of the commonwealth may contribute a portion of their fiscal year 2007 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, 2007; 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 2007 and a detailed summary of any policies implemented to contain the costs of the network by either the Massachusetts District Attorneys’ Association or the individual district attorneys’ offices; provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item; and provided further, that the association shall submit a report to the house and senate committees on ways and means not later than January 31, 2007 detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2006, and the amount of each source of revenue.......................................................................................................................................................... $3,096,381

 

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 funds may be expended for 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 2007 ..................................................................................... $5,035,741

 

SECRETARY OF THE COMMONWEALTH.

Office of the Secretary of the Commonwealth.

 

0511-0000        For the operation of the office of the secretary; provided, that the office shall submit a report detailing staffing patterns for each program operated by the office; provided further, that the report shall include, but not be limited to, actual and functional job titles by program, compensation rates and lengths of service for each employee; provided further, that the office shall submit the report not later than January 31, 2007 to the house and senate committees on ways and means; and provided further, that the secretary may transfer funds between items 0540-0900, 0540-1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800, 0540-1900, 0540-2000, 0540-2100 pursuant to an allocation schedule filed with the house and senate committees on ways and means not less than 30 days before the transfer; provided further, that each register of deeds using electronic record books shall ensure that all methods of electronically recording instruments conform to any regulation or standard established by the state secretary or the records conservation board, and those regulations shall be promulgated no later than June 30, 2007; provided further, that a  report regarding the status of structures and locations of each registry of deeds funded in this section shall be submitted to the house and senate committees on ways and means on or before December 31, 2006; provided further, that the report shall state, for each registry of deeds funded in this section, whether the space occupied by the registry is owned or leased by the commonwealth, the start and end dates of each current lease for the registry, the amount of square footage occupied by each registry and whether there is an immediate or otherwise projected need for the registry to increase the square footage it occupies;  provided further, that not less than $50,000 shall be spent on the purchase of a new fork lift and not less than $25,000 shall be spent on storage boxes for the purposes of records storage and destruction............................................................................. $6,902,837

 

0511-0001        The state secretary may expend revenues not to exceed $30,000 from the sale of merchandise at the Massachusetts state house gift shop for the purpose of replenishing and restocking gift shop inventory............. $30,000

 

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 the sales, licensure or user agreements in an amount not to exceed $50,000 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............................................................................................................................................ $50,000

 

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......................................................................................... $475,775

 

0511-0260        For the operation of the commonwealth museum; provided that not less than $1,500,000 shall be expended to renovate the museum to allow for exhibition of the state’s historic documents................................ $1,697,455

 

0511-0270        The Secretary of State shall contract with the UMass Donahue Institute for not less than $100,000 to provide the Commonwealth with technical assistance on US Census Data and prepare annual population estimates        $100,000

 

 

0511-0420        For the operation of the address confidentiality program............................................................. $112,991

 

0517-0000        For the printing of public documents............................................................................................... $907,957

 

0521-0000        For the operation of the elections division, including preparation, printing and distribution of ballots and for other miscellaneous expenses for primary and other elections; provided, that the secretary of state may award grants for voter registration and education in the cities of Boston, Springfield, Lawrence and Worcester; provided further, that the registration and education activities may be conducted by community-based voter registration and education organizations; and provided further, that the secretary shall submit a report to the house and senate committees on ways and means not later than January 31, 2007 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 $5,337,343

 

0521-0001        For the operation of the central voter registration computer system; provided, that an annual report detailing voter registration activity shall be submitted to the house and senate committees on ways and means on or before January 31, 2007.......................................................................................................................................... $5,462,603

 

0524-0000        For providing information to voters.............................................................................................. $1,201,161

 

0526-0100        For the operation of the Massachusetts historical commission.................................................... $991,125

 

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 Lawrence in the former county of Essex........................... $841,658

 

0540-1000        For the registry of deeds located in Salem in the former county of Essex.............................. $2,713,400

 

0540-1100        For the registry of deeds in the former county of Franklin............................................................ $581,706

 

0540-1200        For the registry of deeds in the former county of Hampden...................................................... $2,179,148

 

0540-1300        For the registry of deeds in the former county of Hampshire........................................................ $608,341

 

0540-1400        For the registry of deeds located in Lowell in the former county of Middlesex.................... $1,387,541

 

0540-1500        For the registry of deeds located in Cambridge in the former county of Middlesex............ $3,557,583

 

0540-1600        For the registry of deeds located in Adams in the former county of Berkshire......................... $315,830

 

0540-1700        For the registry of deeds located in Pittsfield in the former county of Berkshire..................... $559,729

 

0540-1800        For the registry of deeds located in Great Barrington in the former county of Berkshire....... $266,796

 

0540-1900        For the registry of deeds in the former county of Suffolk.......................................................... $2,287,172

 

0540-2000        For the registry of deeds located in Fitchburg in the former county of Worcester................... $787,067

 

0540-2100        For the registry of deeds located in the city of Worcester in the former county of Worcester $2,111,416

 

0540-2500        For moving and relocation costs for the Essex registry of deeds, northern district; Essex registry of deeds, southern district; and Worcester registry of deeds; provided, that the secretary shall submit a report to the house and senate committees on ways and means not later than June 30, 2007 detailing the exact cost of each move.......................................................................................................................................................... $4,832,633

 

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, 2007; and provided further, that the treasurer’s office shall pay half of the administrative costs of the municipal finance oversight board from this item $7,385,102

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.................................. $1,875,098

 

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           $25,000

 

0610-2000        For payments made to veterans pursuant to section 16 of chapter 130 of the acts of 2005;  provided, that the office of the state treasurer may expend not more than $150,000 for costs incurred in the administration of these payments.......................................................................................................................................................... $3,643,000

 

0611-1010        For the cost of life insurance premiums for National Guard members pursuant to section 6 of chapter 130 of the acts of 2005................................................................................................................................................. $1,170,000

 

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................................................................................................ $25,300,000

 

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 not later than November 15, 2006 the treasurer shall submit a report to the secretary of administration and finance and the chairpersons of the house and senate ways and means committees on the feasibility of incorporating a factor in the lottery distribution formula to account for statewide variances in lottery sales in each community; provided further, that the state lottery commission will perform a study of programs to ensure responsible gaming habits for consumers; provided further, that the commission shall provide results of the study to the chairpersons of the house and senate ways and means committees not later than December 31, 2006;  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 $76,388,336

 

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.................................................................................................................................. $1,218,394

 

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; 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.................................................................................................................................................... $100,000

 

0640-0096        For the purpose of the commonwealth’s fiscal year  2007 contributions to the health and welfare fund established pursuant to the collective-bargaining agreement between the lottery commission and the service employees international union, Local 254, AFL-CIO; provided, that the contributions shall be paid to the trust fund on such basis as the collective bargaining agreement provides; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund        $355,945

 

Massachusetts Cultural Council.

 

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 schoolchildren; provided further, that not more than $1,000,000 of the funds appropriated herein shall be used to assist cultural organizations in augmenting or initiating endowments to promote the financial stability of the organizations and the assistance shall be in the form of challenge grants to the organizations; provided further, that in order to receive a grant a cultural organization shall raise an amount at least equal to the amount of the grant for the organization’s endowment; provided further, that funds provided by the grants shall, in perpetuity, be used solely to provide free or reduced rate public programs or services to citizens of the commonwealth;  provided further, that a grant made under this program shall not exceed $100,000; and provided further, that a person employed under this item shall be considered an employee within the meaning of section 1 of chapter 150E of the General Laws and shall be placed in the appropriate bargaining unit........................................................................... $8,650,000

 

0640-0350        For the purposes of cultural resources pursuant to section 36 of chapter 69 of the General Laws including grants to or contracts with public and non-public entities; provided, that the council shall not expend funds from this item for any recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund.............................. $743,520

 

0640-0351        For the John and Abigail Adams Arts Program, to promote innovations in the arts and humanities within the commonwealth through the disbursement of cultural economic development grants including grants for cultural activities that have the capacity to revitalize communities, stimulate income, create or enhance jobs, and attract tourism; provided, that the funds shall be administered by the Massachusetts cultural council; provided further, that the mission of grant applicants may include demonstrated scholarship or creativity in, or distinguished service to, the arts and humanities; provided, that grants may focus on seed funding for early stage planning or implementation, creation of enduring partnerships among cultural and non-cultural organizations, defined community needs or opportunities, and creation of innovative and sustainable development models that can be replicated throughout and beyond the commonwealth; provided further, that eligible applicants shall include, but not be limited to, not-for-profit organizations and public sector entities; provided further, that collaborating partners may also include private, for-profit organizations, educational institutions and state or federal agencies; provided further, that grants shall not exceed $100,000 and shall be leveraged by not less than $1 for each $1 granted; provided further, that preference shall be given to an applicant with multiple funding sources that can demonstrate project viability, community support and potential for long-term sustainability; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund... $2,000,000

 

Debt Service.

 

0699-0015        For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth, previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that payments of certain serial bonds maturing previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary, the state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item and item 0699-9100; provided further, that the payments shall pertain to the bonds, notes, or other obligations authorized to be paid from each item; provided further, that notwithstanding any general or special law to the contrary, the comptroller may transfer the amounts that would otherwise be unexpended on June 30, 2007, 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, 2007; 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 $1,781,299,000

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.............................................................. $78,987,000

Highway Fund................................................................................. 100.0%

 

0699-9100        For the payment of interest and issuance costs on bonds and bond and revenue anticipation notes and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of costs among the various funds of the commonwealth; provided further, that the comptroller shall charge costs to the funds in accordance with the schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June 30, 2007 shall be charged to the various funds or to the General Fund or highway fund debt service reserves........................................................... $20,950,000

 

0699-9101        For the purpose of depositing with the trustee under the trust agreement authorized in section 10B of chapter 11 of the acts of 1997 an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund $60,995,000

 

0699-9200        For certain debt service contract assistance to the Massachusetts Development Finance Agency in accordance with chapter   23G of the General Laws........................................................................................... $10,161,888

 

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 further, that not less than $67,250 shall be expended for the position of executive director of the central artery/third harbor tunnel project oversight coordination commission, as established in section 2B of chapter 205 of the acts of 1996, such that the position may continue to provide administrative and investigative functions to the commission in a manner that is consistent with said section 2B; and provided further, that the auditor’s office shall pay half of the administrative costs of the municipal finance oversight board from this item       $15,428,202

 

0710-0100        For the operation of the division of local mandates ...................................................................... $623,699

 

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.......................................................................................................................................................... $1,629,595

 

0710-0225        For the operation of the medicaid audit unit within the division of audit operations in an effort to prevent and to identify fraud and abuse in the MassHealth system; provided, that the federal reimbursement for any expenditure from this item shall not be less than 50 per cent; and provided further, that the division shall submit a  report no later than December 1, 2006 to the house and senate committees on ways and means detailing all findings on activities and payments made through the MassHealth system............................................................... $ 300,000

 

ATTORNEY GENERAL.

Office of the Attorney General.

 

0810-0000        For the office of the attorney general, including the administration of the local consumer aid fund, the operation of the anti-trust division, all regional offices, a high-tech crime unit and the victim and witness compensation program; provided, that the victim and witness compensation program shall be administered in accordance with chapters 258B and 258C of the General Laws; provided further, that the attorney general shall submit to the general court and the secretary for administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0810-0004 indicating both the number and costs for each category of claim; provided further, that not more than $250,000 shall be expended for a grants program for the safe neighborhood initiative-jobs for youth program; provided further, that not more than $250,000 shall be expended for a safe neighborhood initiative program in the Grove Hall area of Boston; provided further, that not more than $250,000 shall be expended from the funds appropriated in this item for a safe neighborhood initiative pilot program in the Bowdoin/Geneva area of the Dorchester district of the city of Boston and in the city of New Bedford; provided further, that the public proceedings unit shall review the water rate increases; provided further, that not more than $240,000 shall be expended for the operation of a child protection unit; provided further, that funds may be expended for the commission on uniform state laws; provided further, that $50,000 shall be expended for the Trauma Intervention Program of Merrimack Valley; provided further, that not less than $200,000 shall be expended for the National TenPoint Leadership Foundation to reduce gang-related violence in the cities of Brockton, Worcester and Springfield; and provided further, that $260,000 shall be expended for the Ella J. Baker House in the city of Boston for violence prevention programs for high-risk youth.................................................................................................... $22,687,962

 

0810-0004        For compensation to victims of violent crimes; provided, that notwithstanding 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, the 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 the claimant shall be limited to a maximum of $50; and provided further, that notwithstanding any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to the provisions outlined in section 5 of chapter 258B of the General Laws........................ $2,156,000

 

0810-0006        For the rental costs and unavoidable space rental lease obligations associated with certain divisions of the office of the attorney general located in the Leverett Saltonstall building.............................................. $2,414,150

 

0810-0007        For the overtime costs of state police officers assigned to the attorney general; provided, that costs associated with those officers shall not be funded from item 8100-0007; and provided further, that expenditures shall not be made on or after the effective date of this act which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item.............................................................................. $486,517

Highway Fund ..................................................................................  88.20%

General Fund ....................................................................................  11.80%

 

0810-0014        For the operation of the department of telecommunications and energy proceedings unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that not withstanding any general or special law to the contrary, the amount assessed under said section 11E of said chapter 12 of the General Laws, shall equal the amount expended from this item and provided further, that not less than $200,000 shall be expended for the expenses of legal and technical personnel and associated administrative and travel expenses relative to participation in regulatory proceedings at the Federal Energy Regulatory Commission on behalf of  Massachusetts ratepayers.......................................................................................................................................................... $1,609,028

 

0810-0017        For the expenses related to judicial proceedings relevant to the fuel charge pursuant to section 94G of chapter 164 of the General Laws and such other proceedings as may be reasonably related to the section; provided, that the assessment levied for such expense shall be credited to the General Fund.............................. $73,500

 

0810-0021        For the operation of the Medicaid fraud control unit; provided, that the federal reimbursement for any expenditure from this item shall not be less than 75 per cent of the expenditure; provided further, that not less than $225,000 shall continue to be used specifically for the investigation and prosecution of abuse, neglect, mistreatment and misappropriation based on referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide training for all investigators of the department’s division of health care quality responsible for the investigations on a periodic basis pursuant to a comprehensive training program to be developed by the division and the unit; and provided further, that training shall include instruction on techniques for improving the efficiency and quality of investigations of abuse, neglect, mistreatment and misappropriation pursuant to said section 72H of said chapter 111............................ $2,656,033

 

0810-0045        For the labor law enforcement program pursuant to subsection (b) of section 1 of chapter 23 of the General Laws; provided, that notwithstanding any general or special law to the contrary, a non-management position funded by this item shall be considered a job title in a collective bargaining unit as prescribed by the labor relations commission and shall be subject to chapter 150E of the General Laws.................................................... $3,105,528

 

0810-0201        For the costs incurred in administrative or judicial proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this item may be used to supplement the automobile insurance fraud unit and the workers’ compensation fraud unit of the office of the attorney general; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for the costs shall be equal to the amount expended from this item.......................................................................... $1,389,979

 

0810-0338        For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164............................................................................................................................................ $280,164

 

 

0810-0399        For the investigation and prosecution of workers’ compensation fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164; provided further, that the attorney general shall investigate and prosecute, where appropriate, employers who fail to provide workers’ compensation insurance in accordance with the laws of the commonwealth; and provided further, that the unit shall investigate and report on all companies not in compliance with chapter 152 of the General Laws..................................................................................................................................... $280,164

 

Victim and Witness Assistance Board

 

0840-0100        For the operation of the victim and witness assistance board; provided, that the board shall submit a comprehensive report compiled from the information required of and submitted to the office by the trial court, the registry of motor vehicles and the state treasurer relative to the collection of assessments for the previous calendar year under section 8 of chapter 258B of the General Laws; and provided further, that the report shall be submitted to the house and senate committees on ways and means on or before February 15, 2007 ............................................ $453,889

 

0840-0101        For the salaries and administration of the safeplan advocacy program, to be administered by the Massachusetts office of victim assistance; provided, that the  office shall submit to the house and senate committees on ways and means not later than February 3, 2007 a report detailing the effectiveness of contracting for the program including, but not limited to, the number and types of incidents to which the advocates responded, the types of services and service referrals provided by the domestic violence advocates, the cost of providing such services and the extent of coordination with other service providers and state agencies.................................................. $720,116

 

STATE ETHICS COMMISSION.

 

0900-0100        For the operation of the state ethics commission........................................................................ $1,535,370

 

OFFICE OF THE INSPECTOR GENERAL .

 

0910-0200        For the operation of the office of the inspector general............................................................. $2,716,695

 

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........................................... $1,143,508

 

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, 2007 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 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 before 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 the 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 the cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he considers appropriate and necessary to accomplish the purpose of this section; and provided further, that the comptroller shall report on the projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws $9,089,154

 

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, 2006; 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 the secretary of administration and finance in conjunction with the trial court, the executive office of health and human services, the division of capital asset management and maintenance, the bureau of state office buildings and the division of energy resources, shall submit a report to the house and senate committees on ways and means concerning the commonwealth's energy costs, which shall include, but not be limited to: (a) energy consumption and costs incurred by commonwealth-owned or operated facilities, including the state house, state office buildings, hospitals, courthouses, correction facilities and  related properties, (b) cost saving initiatives relating to energy consumption and procurement, (c) the energy consumption and costs for all vehicles operated by the commonwealth and its subsidiary secretariats and agencies, and (d) the current status of the state’s energy infrastructure and plans for either replacement or conversion of existing systems; provided further, that the report shall be submitted not later than January 26, 2007; and provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to item 1000-0001 $3,529,636

 

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 $6,810,000 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......................................................................................................................... $6,810,000

 

1102-3206        For the costs associated with the maintenance and security of surplus state properties; provided, that the division shall submit quarterly reports that detail the hire date, salary, and job title of every employee at the division and the amount associated with each bond authorization; and provided further, the division shall submit a report that details every employee at the division including the hire date, salary, and job title for fiscal years 2003, 2004, 2005, 2006 and 2007 to the house and senate committees on ways and means on or before January 11, 2007 $359,208

 

1102-3214        For the state transportation building; provided, that the division may expend revenues collected up to a maximum of $7,290,000 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.......................................................................................................................................................... $7,290,000

 

1102-3231        For the Springfield state office building; provided, that the division may expend not more than $750,000 in revenues from rents charged to agencies occupying the building for the maintenance and operation of the building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.............................................................................................................................................................. $750,000

 

1102-3232        For the division of capital asset maintenance and management; provided, that the division may expend not more than $300,000 received from application fees charged in conjunction with the certification of contractors and subcontractors pursuant to section 44D of chapter 149 of the General Laws; and provided further, that only expenses, including staffing, incurred to implement and operate the certification program shall be funded from this item.............................................................................................................................................................. $300,000

 

Bureau of State Office Buildings.

 

1102-3301        For the operation of the bureau and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau.................... $6,766,065

 

1102-3302        For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings......................................................................................................................................... $6,917,582

 

1102-3306        For the maintenance and joint operation of the state house under the jurisdiction of the state superintendent of state office buildings and the legislature’s joint committee on rules; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for materials and services...................................................................................................................... $750,000

 

Office on Disability.

 

1107-2400        For the office on disability.................................................................................................................. $753,978

 

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........................................................................................................................................... $1,873,986

 

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  $482,554

 

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 $2,518,229

 

1108-5200        For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2007; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2007, and any unexpended balance in this item shall revert to the General Fund on June 30, 2007; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that prior year costs incurred by self insured plans shall be funded from this item; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A and for the purposes of section 14 of chapter 32A, the commonwealth’s share of the group insurance premium for state employees who have retired before July 1, 1994 shall be 90 per cent and the commonwealth’s share of the group insurance premium for state employees who have retired on or after July 1, 1994 shall be 85 per cent; provided further, that the commonwealth’s share of the premiums for active state employees and their dependents shall be 85 per cent; provided further, that the commonwealth’s share of the premiums for active state employees hired after June 30, 2003 and their dependents shall be 80 per cent; and provided further, that the commission shall notify the house and senate committees on ways and means by April 1 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year $976,537,643

 

1108-5350        For elderly governmental retired employee premium payments................................................. $895,032

 

1108-5400        For the costs of the retired municipal teachers’ premiums and the audit of such premiums $79,853,475

 

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....................................................................... $6,727,448

 

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................................................................................................................................................. $1,181,676

 

George Fingold Library.

 

1120-4005        For the administration of the library; provided, that the library shall maintain regular hours of operation from 9:00 a.m. to 5:00 p.m...................................................................................................................................... $1,255,012

 

1120-4006        The George Fingold Library may expend revenues collected up to a maximum of $20,000 from the fees charged for copying services; provided the Library shall submit a report that details revenue collected and expenditures made to the house and senate committees on ways and means on or before January 1, 2007............. $20,000

 

Massachusetts Commission Against Discrimination.

 

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, 2006 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 the 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, 2007; provided further, that the commission shall identify in the 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, 2006 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 the report the total number of new cases filed in fiscal year 2006 and the total number of cases closed by the commission in fiscal year 2006; 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.......................................................................................................................................................... $2,274,386

 

1150-5104        The Massachusetts commission against discrimination may expend not more than $1,901,000  from revenues from federal reimbursements received for the purposes of the United States Department of Housing and Urban Development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2007 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............................................................... $1,901,000

 

1150-5116        The Massachusetts commission against discrimination may expend not more than $14,089 from revenues collected from fees charged for the training and certification of diversity trainers for the operation of the discrimination prevention certification program..................................................................................................... $14,089

 

Department of Revenue

 

1201-0100        For the operation of the department of revenue, including tax collection administration, audits of certain foreign corporations, and the division of local services; provided, that the department may allocate an amount not to exceed $250,000 to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department shall maintain regional offices in the cities of, Springfield, Pittsfield, Fall River, and Worcester and in the Hyannis section of the town of Barnstable; provided further, that the department shall provide to the general court access to the municipal data bank; 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; provided further, that seasonal positions funded by this account may not be filled by an incumbent for more than 10 months within a 12 month period; and provided further, that in order to increase participation in the earned income credit program, the department shall (a) not later than January 1, 2007, provide to every employer without charge a notice in conformity with clause (iii) of subsection (d) of section 62A of chapter 151A of the General Laws concerning the availability of the federal and state earned income credits including the option to receive the credit in paychecks throughout the year and require every employer to post the notice in conformity with section 16 of chapter 151 of the General Laws, (b) work with the chambers of commerce, municipalities, community-based organizations, taxpayer advocates and labor  organizations to ensure the widest possible dissemination of information concerning the availability of the credits and (c) not later than March 1, 2007, file a report with the joint committee on revenue and the house and senate committees on ways and means concerning its efforts under this proviso to increase earned income credit participation $119,846,062

General Fund ....................................................................................  95.0%

Highway Fund ....................................................................................  5.0%

 

1201-0130  The department of revenue is hereby authorized to expend for the operation of the department an amount not to exceed $9,640,000 from revenues collected by the additional auditors for an enhanced audit program; provided, that said auditors shall discover and identify persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth, obtain said delinquent returns, and collect such delinquent taxes for a prior fiscal year; 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 department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system.......................................................................................................................................................... $9,640,000

 

1201-0160        For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities, and that those agencies may expend the funds for the purposes of this item; provided further, that all the allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of the funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for the network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of the authorization or the most recent revenue estimate therefor as reported in the state accounting system for federal incentives and said network in accounts 1201-0161 and 1201-0410.................................................................................................................................... $50,248,742

 

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; provided, that the Massachusetts Water Resources Authority shall submit a report to the house and senate committees on ways means and the secretary of administration and finance no later than October 1, 2006 that shall include, but not be limited to the following; (a) an analysis of the options for reducing operating costs of the authority; (b) the use of contracts with private entities for the operation and maintenance of facilities owned or operated by the authority; and (c) the cost savings and any legislation necessary to effectuate the proposed recommendations of the report........................................................................................................................................................ $15,000,000

 

1231-1020        For a program of loans, loan purchases or loan guarantees or interest subsidies to assist homeowners, homeowner associations or condominium associations in complying with revised state environmental code for subsurface disposal of sanitary waste, Title V, so called; provided, that the program shall be in addition to the loan program established pursuant to item 2200-9959 in section 2 of chapter 85 of the acts of 1994; provided further, that the department may contract with third parties, including, but not limited to, commonwealth-based financial institutions to manage the program; provided further, that the department and the third parties shall take all steps necessary to minimize the program’s administrative costs; provided further, that the loans, loan purchases or loan guarantees shall be available on the basis of a sliding scale that relates a homeowner’s income and assets to the cost of Title V compliance; provided further, that interest subsidies shall be means-tested and may be for zero-interest loans pursuant to income standards developed by the department; and provided further, that the department of revenue shall consult with the department of environmental protection in developing rules, regulations and guidelines for said program, prior appropriation continued.

 

1232-0100        For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws............................................................................................... $18,200,000

 

1232-0200        For the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board established by section 8 of chapter 21J of the General Laws and for the administration of the underground storage tank program associated with the implementation of said chapter 21J; provided, that notwithstanding section 4 of said chapter 21J or any other general or special law to the contrary, appropriations made in this item shall be sufficient to cover the administrative expenses of the underground storage tank program; provided further, that the board shall submit to the house and senate committees on ways and means a report on the status of the underground storage program, including, but not limited to, the number of municipal grants made for the removal and replacement of underground storage tanks and the reimbursements for remediated petroleum spills; provided further, that the report shall detail how many tanks are out of compliance with said chapter 21J; and provided further, that the report shall be submitted not later than February 16, 2007......................................................................................................................... $1,865,411

 

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, 2006 on the number of hearings held at each location.......................................................... $2,044,302

 

1310-1001        The appellate tax board may expend revenues up to a maximum of $300,000 from fees collected; provided, that in order to accommodate discrepancies between the receipt of retained revenues and related expenditures, the board may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system $300,000

 

Department of Veterans Services

 

0610-0093        For the purposes of allowing the department of veterans’ services to make bonus payments to Persian Gulf war veterans; provided, that the payments shall be consistent with the purposes of the trust instrument for “A Hero’s Welcome Trust Fund” .................................................................................................................................................... $23,000

A Hero’s Welcome Trust Fund...................................................... 100.00%

 

1410-0010        For the operation of the department of veterans’ services; provided, that the department may fund a housing specialist from this item; provided further, that not less than $10,000 shall be expended for the purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in the Green Hill park in Worcester; provided further, that not less than $10,000 shall be expended for the Korean War Veterans Committee of Massachusetts for the purpose of maintaining the Korean War Memorial located in the shipyard park of the Charlestown Navy Yard; and provided further, that the department may expend funds for the Glory 54th Brigade....................... $2,012,187

 

1410-0012        For services to veterans, including the maintenance and operation of outreach centers; provided, that the centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that these centers shall also provide services to veterans who were discharged after September 11, 2001, and their families; provided further, that not less than $292,480 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, that not less than $228,771 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of Boston; provided further, that not less than $144,879 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield; provided further, that not less than $131,500 shall be obligated for a contract with Nam Vets Association of the Cape and Islands in the Hyannis section of the town of Barnstable; provided further, that not less than $106,102 shall be obligated for a contract with the North Shore Veterans Counseling Center in the city of Beverly; provided further, that not less than $100,000 shall be expended for veteran’s services to be administered by the Falmouth veterans agent through the Falmouth Free Clinic and Community Center; provided further, that not less than $100,000 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not less than $100,000 shall be expended for the Disabled American Veterans organization; provided further, that not less than $100,000 be earmarked and obligated to Boston metropolitan area for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc; provided further, that not less than $84,879 shall be obligated for a contract with the Veterans Association of Bristol county in the city of Fall River; provided further, that not less than $84,453 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham; provided further, that not less than $50,000 shall be provided to the Middleboro Veterans’ Outreach Center; and provided further, that not less than $30,000 shall be expended for the oral history project at the Morse Institute Library in Natick .......................................................................................................................................................... $1,535,064

 

1410-0015        For the women veterans’ outreach program....................................................................................... $42,282

 

1410-0018        The department may expend not more than $300,000 for the maintenance and operation of Agawam and Winchendon veterans’ cemeteries from revenue collected from fees, grants, gifts or other contributions to the cemeteries; prior appropriations continued ............................................................................................................... $300,000

 

1410-0100        For the revenue maximization project of the executive office of elder affairs to identify individuals eligible for veterans’ pensions who are currently receiving home health care services............................. $98,000

 

1410-0250        For homelessness services; provided, that not less than $652,395 shall be obligated for a contract with the Southeastern Massachusetts Veterans Housing Program, Inc., in the city of New Bedford; provided further, that not less than $475,105 shall be obligated for a contract with the central Massachusetts Shelter for Homeless Veterans in the city of Worcester; provided further, that not less than $220,000 shall be obligated for a contract with the United Veterans of America shelter in the town of Leeds; provided further, that not less than $200,000 shall be obligated for contracts with the Veterans Hospice Homestead in the city of Leominster and the Veterans Hospice in the town of Fitchburg; provided further, that not less than $199,405 shall be obligated for a contract with Unity House in the city of Gardner; provided further, that not less than $190,000 shall be obligated for a contract with Habitat P.L.U.S. in the city of Lynn; provided further, that $100,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Dorchester section of the city of Boston; provided further, that not less than $80,000 shall be provided for a contract with the Mansion in the city of Haverhill; provided further, that not less than $75,000 shall be obligated for a contract with the Transition House in the city of Springfield; provided further, that not less than $73,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse in the Roxbury section of the city of Boston; provided further, that not less than $51,975 shall be expended for a contract with the Springfield Bilingual Veterans Outreach Center for the operation and maintenance of a transitional housing unit at the YMCA of Springfield; provided further, that not less than $37,350 shall be obligated for a contract with the Homestead in the town of Hyannis; and provided further, that not less than $27,500 shall be obligated for a contract with the Turner House located in the town of Williamstown............................................................................ $2,382,430

 

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; provided, that not less than $900,000 shall be expended for capital improvements............................................................................................................. $3,176,703

 

1410-0300        For the payment of annuities to certain disabled veterans and the parents and un-remarried spouses of certain deceased veterans; provided, that the 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 2007 shall not exceed the amount appropriated herein; and provided further, that the secretary of veterans’ services shall file with the house and senate committees on ways and means a report detailing the number of applications received for annuities offered under this program at the end of each fiscal quarter....... $16,859,688

 

1410-0400        For reimbursing cities and towns for money paid for veterans’ benefits and for payments to certain veterans under section 6 of chapter 115 of the General Laws; provided, that notwithstanding any general or special law to the contrary, 100 per cent of the amounts of veterans’ benefits paid by cities and towns to residents of a soldiers’ home shall be paid by the commonwealth to the several cities and towns; provided further, that pursuant to section 9 of said chapter 115, the department shall reimburse cities and towns for the cost of United States flags placed on the graves of veterans on Memorial Day; provided further, that notwithstanding any general or special law to the contrary, the secretary of veteran services may continue a training program for veterans’ agents and directors of veterans’ services in cities and towns; provided further, that the purpose of the training program shall be to maximize federal assistance available for veterans and to assure that the agents and directors receive uniform instruction on providing veterans and dependents with advice relative to procurement of state, federal and local benefits to which they are entitled, including employment, education, health care, retirement and other veterans’ benefits; provided further, that the subject matter of the training program shall include benefits available under said chapter 115 and alternative resources, including those which are partially or wholly subsidized by the federal government, such as Medicaid, Supplemental Security Income and Social Security Disability benefits, as well as federal pension and compensation entitlements; provided further, that the secretary shall promulgate regulations for the training program; provided further, that upon successful participation by the veterans’ agents or directors of veterans’ services in the training program, the costs of the training program incurred by the several cities and towns shall be reimbursed by the commonwealth on or before November 10 following the fiscal year in which the costs were paid; provided further, that any person applying for veterans’ benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical assistance under said chapter 118E to minimize cost of the commonwealth and its municipalities; provided further, that veterans’ agents shall complete applications authorized by the executive office under said chapter 118E for any veteran, widow and dependent applying for medical assistance under said chapter 115; provided further, that the veterans’ agent shall file the application for the veteran or dependent for assistance under said chapter 118E; provided further, that the executive office shall act on all said chapter 118E applications and advise the applicant and the veterans’ agent of the applicant’s eligibility for said chapter 118E healthcare; provided further, that the veterans’ agent shall advise the applicant of the right to assistance for medical benefits under said chapter 115 pending approval of the application for assistance under said chapter 118E by the executive office provided further, that the secretary may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support; provided further, that payments to or on behalf of a veteran or dependent pursuant to said chapter 115 shall not be considered income for the purposes of determining eligibility under said chapter 118E; and provided further, that benefits awarded pursuant to section 6B of said chapter 115 shall be considered countable income................................................................................................... $14,412,585

 

1410-0630        For the administration of the veterans’ cemeteries in the towns of Agawam and Winchendon; provided, that $10,000 shall be expended on services provided by the Winchendon Cemetery Honor Guard....... $881,662

 

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......................................................................... $2,531,761

 

1599-0042        For a reserve to improve the quality of the commonwealth’s early education and care system; provided, that payments from this reserve shall be distributed by the department of early education and care to increase reimbursement rates for subsidized early education and care; provided further, that the increases shall be directed to expenditures for salaries, benefits, stipends for professional development of early education and  care workers or programmatic quality improvements; and provided further, that such increases may be allocated to adjust rates of reimbursement paid to each provider by the same percentage across the commonwealth .................................... $12,500,000

 

1599-0049        For contract assistance payments to the Foxborough Industrial Development Finance Authority in accordance with section 8 of chapter 16 of the acts of 1999............................................................................... $5,337,628

 

1599-0050        For Route 3 North contract assistance payments...................................................................... $26,755,000

 

1599-0093        For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with sections 6 and 6A of chapter 29C of the General Laws............................................... $54,907,283

 

1599-1970        For a reserve for the Massachusetts turnpike authority for costs incurred in fiscal year 2005 for the operation and maintenance of the central artery/tunnel project pursuant to chapter 235 of the acts of 1998 $25,000,000

 

1599-1971        For the cost of hired and leased equipment, vehicle repair, and sand, salt, and other control chemicals used for snow and ice control; provided, that the secretary for administration and finance shall submit to the house and senate committees on post audit and oversight, the house and senate committees on transportation and the house and senate committees on ways and means a report on snow and ice control efforts no later than September 1, 2006 which shall include, but not be limited to, the following: (a) 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; and (b) a statement of how many salt storage facilities in the commonwealth are in conformity with section 7A of chapter 85 of the General Laws and how many are not...................... $10,500,000

 

1599-3234        For the commonwealth’s south Essex sewerage district debt service assessment....................... $93,550

 

1599-3384        For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in the current fiscal year or a prior fiscal year; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item;............................................................................................. $4,837,211

 

1599-3837        For the payment to the water pollution abatement trust to fund financial assistance to municipalities and other eligible borrowers to meet debt service obligations incurred by the municipalities and other eligible borrowers after January 1, 1992, to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, and which have been completed, as determined by the department, on or before the promulgation date of the department’s regulations related to the implementation of the federal Safe Drinking Water Act ....................................................... $7,852,853

 

1599-3838        For a reserve for payment to the water pollution abatement trust to finance the costs of water treatment projects or portions thereof which have been approved by the department of environmental protection, or otherwise authorized by law, after the promulgation date of the department’s regulations related to the implementation of the federal Safe Drinking Water Act ...................................................................................................................... $9,308,806

 

1599-3856        For rent and associated costs at the Massachusetts information technology center in Chelsea $7,115,000

 

1599-3857        For capital lease payments from the University of Massachusetts to the Massachusetts Development Finance Agency and for annual operations of the advanced technology and manufacturing center in Fall River $1,450,000

 

1599-4110        For a reserve to meet the fiscal year 2007 costs of salary increases and other employee economic benefits authorized for employees of the supreme judicial court, the appeals court and the trial court that are covered by the collective bargaining agreements between the trial court of the commonwealth and the National Association of Government Employees (NAGE), Local 5000 covering all probation officers, associate probation officers, court officers and associate court officers, including all court officers in the Middlesex superior and Suffolk uperior court officers’ bargaining units; provided, that the secretary may make allocations from this item to meet the costs of salary adjustments and other economic benefits to personnel of the trial court employed in confidential positions who would otherwise be covered by the agreement;  provided further, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2007 such adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means........................................................................................................................................................ $12,122,125

 

 

 

1599-6901        For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this appropriation; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the executive office of health and human services shall condition the expenditure of the reserve upon assurances that the funds shall be used solely for the purposes of adjustments to wages, compensation or salary; provided further, that not later than February 15, 2007 the executive office shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving the adjustment in fiscal year 2007 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 early education and 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 2007 cost of salary adjustments and any other associated employee costs authorized thereunder shall not exceed $28,000,000; provided further, that the executive office shall submit an allocation schedule to the house and senate committees on ways and means not less than 30 days after disbursement of funds; provided further, that the annualized cost of the adjustments in fiscal year 2008 shall not exceed the amount appropriated herein; provided further, that the raises provided through this item shall be in addition to any already agreed to or collectively bargained for pay increases; provided further, that a special commission shall meet to make recommendations on methodologies to establish standards of reasonable and adequate payment rates for social service programs providing services purchased by any governmental or political subdivision of the executive office of health and human services; provided further, that the commission shall consist of: 1 member appointed by the speaker of the house, 1 member appointed by the senate president, the chairs of the joint committee on children and families or their designees, the chairs of the joint committee on public health or their designees, the chairs of the joint committee on mental health and substance abuse or their designees, 1 designee of the Association of Developmental Disability Providers, 1 designee of the Massachusetts Council of Human Service Providers, and 1 designee of the Mental Health and Substance Abuse Corporations of Massachusetts; provided further, that the commission shall consult with all agencies under the executive office of health and human services and industry representatives and consultants; and provided further, that the commission shall file a report detailing its findings, including any legislative recommendations, with the secretary of administration and finance, the clerks of the house and senate and the chairpersons of the house and senate committees on ways and means no later than May 15, 2007........................................................................................................................................................ $28,000,000

 

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, 2007, have developed a plan for the spending of all funds for fiscal year 2007, and developed a sound fiscal spending plan for fiscal year 2008; 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, 2007 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, 2007; provided further, that the board shall also provide a projection of all county funds to be collected for fiscal year 2007 and 2008; provided further, that the board shall release all funds from fiscal year 2007 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 shall be transferred from this item to another item until all of the aforementioned restrictions and conditions have been satisfied ......................................................................................... $39,319,632

 

1599-7104        For a reserve for the facilities costs associated with the college of visual and performing arts at the University of Massachusetts at Dartmouth; provided, that funds may be expended for Bristol community college.......................................................................................................................................................... $2,700,000

 

Human Resources Division.

 

1750-0100        For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth’s human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth’s human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the secretary of administration and finance shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards and reviewing appeals for reclassification; provided further, that the secretary for administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees’ unions; provided further, that the nature and scope of economic proposals contained in those agreements shall include all fixed percentage or dollar based salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that any employee of the commonwealth who chooses to participate in a bone marrow donor program or an organ donor transplant program shall be granted a leave of absence with pay to undergo the medical procedure and for associated physical recovery time, but this leave shall not exceed 5 days............................................................................. $4,084,842

 

1750-0102        The human resources division may expend not more than $1,327,500 from revenues collected from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions, and the general public fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil examination, notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system.......................................................................................................................................................... $1,327,500

 

1750-0111        For the planning and implementation of a civil service continuous testing program and the operation of the bypass appeals process program; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the number of tests administered and the amount of revenue collected through the program............................................................................................................................................... $104,483

 

1750-0119        For payment of workers’ compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify the former employees pursuant to current workers’ compensation procedures.......................................................................................................................................... $233,350

 

1750-0201        The human resources division may expend not more than $250,000 from revenues collected for implementation of the medical and physical fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; $250,000

 

1750-0300        For the commonwealth’s contributions in fiscal year 2007 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 the health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides......................... $22,422,393

 

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 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 the prices in fiscal year 2007 by increasing the final fiscal year 2006 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 2007; provided further, that programs for which prices in fiscal year 2006 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2007 the full price calculated for fiscal year 2006 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 the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rates of inflation which are established by December 1 of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a compounded manner for each fiscal year following the most recent calculated price $2,061,364

 

1775-0124        The operational services division may expend an amount not to exceed $500,000 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..................................................................................................... $500,000

 

1775-0600        The operational services division may expend not more than $100,000 in revenues from the sale of state surplus personal property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel....... $100,000

 

1775-0700        The operational services division may expend not more than $53,000 in revenues collected in addition to the amount authorized in item 1775-1000 of section 2B, for printing, photocopying, related graphic art or design work and other reprographic goods and services provided to the general public, including all necessary incidental expenses................................................................................................................................................................ $53,000

 

1775-0900        The operational services division may expend not more than $55,000 in revenues collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter 7 of the General Laws, including the costs of personnel, from the sale of federal surplus property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of federal surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ..................................................... $55,000

 

1775-1100        The operational services division may expend not more than $500,000 in revenues collected from the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel................................................................ $500,000

 

Information Technology Division.

 

1790-0100        For the operation of the information technology division; provided, that the division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth’s human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall develop a formula to determine the cost that will be charged to each agency for its use of the human resources and compensation management system; provided further, that the division may coordinate with any state agency or state authority which administers a grant program to develop a statewide grant information page on the commonwealth’s official worldwide web site, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May 16, 2007 with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2007; 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 the project or purchase; and provided further, that the chief information officer may establish  rules and procedures necessary to implement this item $5,076,285

 

1790-0300        The information technology division may expend not more than  $467,837  from revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment............ $467,837

 

Executive Office of Environmental Affairs

Office of the Secretary.

 

2000-0100        For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control chapter program, and a central data processing center for the secretariat; provided, that the secretary of environmental affairs may enter into interagency agreements with any line agency within the secretariat, whereby the line agency may render data processing services to said secretary; provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that the 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 the secretariat or any department, division or office under the executive office of administration and finance; provided further, that the secretary shall provide a 90 day notice before the implementation of any memorandum of understanding, interagency service agreements, or other contacts, or agreements that would enable the consolidation of services to take place; provided further, that not less than $50,000 shall be transferred to the Boston Harbor Islands Alliance for costs associated with the new visitor contact station known as the Harbor Park Pavilion on Parcel 14 of the Rose Kennedy Greenway; provided further, that not less than $250,000 shall be expended for volunteer water monitoring grants; provided further, that $10,000 shall be expended for signage for the coastal trails system in the towns of Amesbury, Salisbury, Newburyport and Newbury; provided further, that $20,000 shall be expended for a study to determine how to connect the carriagetown center to the Salisbury point for the coastal trails system; provided further, that not less than $100,000 shall be expended for a one to one matching grant to the Cape Cod Bay sanctuary program; provided further, that $150,000 shall be expended for a coastal water quality and natural resource monitoring program in Buzzards Bay administered by the Coalition for Buzzards Bay; provided further, that $100,000 shall be expended for the Executive Office of Environmental Affairs to develop and implement a scope of work and a written action plan to protect and manage the Plymouth-Carver Sole Source Aquifer in consultation with the Towns of Bourne, Carver, Kingston, Middleborough, Plymouth, Plympton, and Wareham, through a Plymouth-Carver Aquifer Advisory Committee (PCAAC) to be comprised of a Coordinator from the Executive Office of Environmental Affairs and one member, and one alternate member, from each Town to be appointed by the chief elected body in each Town; provided further, that the Coordinator shall complete a final written action plan, and procure services needed to complete the plan, with the input of the PCAAC; and provided further, that the Coordinator and the PCAAC shall meet at least until the final written action plan is completed ............................................................................................... $6,883,150

 

2000-9900        For the office of geographic and environmental information established in section 4B of chapter 21A of the General Laws.................................................................................................................................................... $289,422

 

2001-1001        The secretary of environmental affairs may expend not more than $125,000 from fees charged to entities other than political subdivisions of the commonwealth for the distribution of digital cartographic and other data for the review of environmental notification forms pursuant to sections 61 to 62H, inclusive, of chapter 30 of the General Laws .............................................................................................................................................................. $125,000

 

2010-0100        For recycling and related purposes consistent with the recycling plan of the solid waste master plan which includes municipal equipment, a municipal recycling incentive program, recycled product procurement, guaranteed annual tonnage assistance, recycling transfer stations, source reduction and technical assistance, consumer education and participation campaign, municipal household hazardous waste program, the recycling loan program, research and development, recycling market development and recycling business development, and the operation of the Springfield materials recycling facility; provided further, that funds may be expended for a recycling industry reimbursement program pursuant to section 24I of chapter 43 of the acts of 1997; and provided further, that funds may be expended on municipal recycling incentives and equipment grants.................... $2,360,367

 

2010-0200        For redemption centers; provided, that the department of environmental protection shall expend the funds appropriated in this item for a program to preserve the continuing ability of redemption centers to maintain operations in pursuit of the commonwealth’s recycling goals consistent with section 323 of chapter 94 of the General Laws; provided further, that for the purposes of this item and said chapter 94, a redemption center shall be any business registered with the commonwealth whose primary purpose is the redemption of reusable beverage containers; provided further, that the program shall take into consideration the volume of redeemables per redemption center, the length of time the center has been in operation, the number of returnables redeemed quarterly by the centers, the submission by the centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; and provided further, that a redemption center shall be eligible for the funds if  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.......................................................................................................................................................... $1,365,928

 

2030-1000        For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; provided further, that the department shall maintain and operate the boat registration and titling offices in Hyannis and Fall River; provided further, that funds from this item shall not be expended for the purposes of item 2030-1004; and provided further, that $150,000 shall be expended for the cost of patrols performed by environmental law enforcement officers within properties controlled by the division of state parks and recreation...................................................................................................... $10,554,604

 

2030-1004        For environmental police private details; provided, that the office may expend revenues of up to $500,000 collected from the fees charged for private details; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.............................................................................................................................................................. $500,000

 

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 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 not less than $150,000 shall be expended by the department for a study and testing of the existing wells and aquifers on the grounds of the former site of the Paul A. Dever state school to determine their condition, water output and costs associated with bringing the wells and aquifers on line for use as a regional water supply............................................................................................................................................ $31,930,671

 

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, 2007 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 will be directed into the General Fund shall not be lower than the amount deposited at the end of fiscal year 2004.......................................................................................................................................................... $1,200,000

 

2210-0100        For the implementation and administration of chapter 21I of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means not later than February 1, 2007 detailing the status of the department’s progress in meeting the statutory and regulatory deadlines associated with chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation requirements of chapter 21I ....................................................................................................................................................... $961,596

 

2220-2220        For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto-related state implementation program, the low emission vehicle program, the non-auto-related state implementation program, and the commonwealth’s commitments under the New England Governor’s/Eastern Canadian Premier’s Action Plans for reducing acid rain deposition and mercury emissions.......................................................................................................................................................... $1,029,838

 

2220-2221        For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act.................................................................................................................................. $2,002,949

 

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........................................................................................................................... $1,591,227

 

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 $15,620,275

 

2260-8872        For the brownfields site audit program.......................................................................................... $1,821,681

 

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...................................................................................... $356,933

 

Department of Fish and Game.

 

2300-0100        For the office of the commissioner; provided, that the commissioner’s office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the riverways programs, and all other programs under the control of the department of fish and game; provided further, that the purpose of those assessments shall be to cover appropriate administrative costs of the department, including but not limited to payroll, personnel, legal and budgetary costs; provided further, that $50,000 in matching funds shall be provided to the National Marine Life Center for animal care; and provided further, that the amount and contribution from each division or program shall be determined by the commissioner of fish and game................. $562,924

 

2300-0101        For a program of riverways protection, restoration and promotion of public access to rivers, including grants to public and nonpublic entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws..................................................................................................................................... $523,547

 

2310-0200        For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth’s share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds from this item shall be made available to the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2006 for such research; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns of Montague and Sandwich; provided further, that the department shall expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended; and provided further, that funds may be expended to supplement the natural heritage and endangered species program.......................................................................................................................................................... $9,200,000

Inland Fisheries and Game Fund.................................................. 100.0%

 

2310-0306        For the hunter safety training program............................................................................................. $447,551

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 positions funded in this item shall not be subject to chapter 31 of the General Law............................ $620,103

 

2330-0100        For the operation of the division of marine fisheries, including expenses of the Annisquam river marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program, including coastal area classification, mapping and technical assistance, and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that $300,000 shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that not less than $333,000 shall be expended for the operation of the Newburyport shellfish purification plant and that plant shall generate not less than $115,000 from purification fees; provided further, that not less than $90,000 shall be expended for the joint operation of a shellfish propagation program on Cape Cod between the division and the Barnstable county department of health and environment; provided further, that $50,000 shall be expended for the Family Fishing Assistance Center in the city of New Bedford; provided further, that $50,000 shall be expended for the Family Fishing Assistance Center in the city of Gloucester; provided further, that the sum expended for the School for Marine Science and Technology to help mitigate the negative economic impact to the Massachusetts ports which has resulted from the change in federal fisheries regulations in fiscal year 2007 shall not be reduced from fiscal year 2006 except in proportion to adjustments consistent with the department’s budget adjustment; and provided further, that funds shall be expended for the School for Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations and shall not be reduced from fiscal year 2006 except in proportion to adjustments consistent with the department’s budget adjustment ............................................................ $4,777,984

 

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................................................................................................................................ $564,919

 

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; and provided, that the division of marine fisheries may expend revenues up to $217,989 collected from federal sportfish restoration funds and from the sale of materials which promote marine recreational fishing................................................................................................................................................. $217,989

 

Department of Agricultural Resources.

 

2511-0100        For the operation of the department of agricultural resources, including the office of the commissioner, the expenses of the board of agriculture, the division of dairy services, and the division of regulatory services and animal health, including a program of laboratory services at the University of Massachusetts at Amherst, the expenses of the pesticides board, and the division of agricultural development and fairs; provided, that not less than $45,000 shall be expended for shellfish propagation on the islands of Martha’s Vineyard and Nantucket to be administered by the state aquaculture coordinator and Dukes and Nantucket counties; provided further, that $100,000 shall be expended for 4H activities from this item; provided further, that not less than $115,000 shall be expended for the environmental policy and compliance assistance program; provided further, that funds may be expended for the Southeastern Massachusetts Agricultural Partnership; provided further, that funds may be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board; provided further, that the department shall, to the extent possible, encourage corporate sponsorships for the purposes of providing agricultural fair prizes; provided further, that $200,000 shall be expended to enhance the buy local effort in western, central, northeastern and southeastern Massachusetts; and provided further, that funds may be expended for implementation of the agricultural marketing strategic plan, including, but not limited to funding for agricultural business training and technical assistance........................................................................................................................................ $4,332,692

 

2511-0105        For the purchase of supplemental foods for the Massachusetts emergency food assistance program within the America's second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall reflect the America's second harvest allocation formula, to benefit the four regional food banks in Massachusetts: The Greater Boston Food Bank, Merrimack Valley Good Bank, The Food Bank of Western Massachusetts and Worcester County Food Bank ............................................................... $12,500,000

 

2511-3002        For the Integrated Pest Management program................................................................................. $300,000

 

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 the department of conservation and recreation for costs incurred by that 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 $100,000 shall be expended to assist with the planning and construction of the Blue Hills Observatory & Science Center at the Blue Hills Reservation; provided further, that $185,737 shall be expended for staffing at Middlesex Fells Reservation; provided further, that the playground located adjacent to the Mary Jeanette Murray Bathhouse on Nantasket Ave on the Nantasket Beach Reservation in Hull, under the care and control of the department of conservation and recreation, shall be designated and known as “Jack Phillips Park”, in honor of the tremendous service of Jack Phillips, a Hull resident and department of conservation and recreation employee who has been instrumental in restoring the prestige and beauty of the Nantasket Beach Reservation; provided further, that suitable markers bearing that designation shall be erected by the department of conservation and recreation in compliance with the standards of the department;  provided further, that notwithstanding 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 section 3B of chapter 7 of the General Laws, the department shall establish or renegotiate fees, licenses, permits, rents and leases, and adjust or develop other revenue sources to fund the maintenance, operation, and administration of the 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, 2007; provided further, that notwithstanding any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; provided further, that no funds shall be expended from this item for personnel overtime costs; provided further, that the department shall maintain and retain all operations, programs, real property and employees related to the Connecticut River Action Program to promote the conservation and protection of the unique natural resources present in the Connecticut river valley; provided further, that notwithstanding any general or special law to the contrary, the department shall continue to fund a maintenance contract for daily trash removal at Revere beach through proceeds received by the city of Revere and the department of conservation and recreation pursuant to section 29 of chapter 236 of the acts of 2002 and section 2 of this act; provided further, that the department shall not close the Bellegarde boat house in Lowell; provided further, that the commissioner of conservation and recreation shall meet with the Lowell legislative delegation and local officials on or before July 31, 2006 to discuss and develop a plan to keep the Bellegarde boat house open, staffed and maintained with ongoing renovations; and provided further, that the department shall notify the house and senate committees on ways and means at least  30 days before closing any facility owned or operated by the department ............................. $5,968,515

 

2800-0101        For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the department and the office of water resources in the department of conservation and recreation; provided, that $500,000 shall be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of the payment shall be charged to the General Fund and shall not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to the authority under the General Laws; provided further, that not less than $250,000 shall be expended for the Mystic River Master Plan; provided further, that not less than $15,000 shall be expended for weed control in Winter pond in Winchester; provided further, that $100,000 shall be expended to implement a plan for flood abatement on and adjacent to Washington street in the town of Holliston; and provided further, that $100,000 shall be expended to the town of Medway for public safety and public works activities related to storm damage; provided further, that $48,000 shall be expended for the flood control activities undertaken by the Thames river valley communities of Massachusetts in conjunction with the state of Connecticut; provided further, that not less than $25,000 be expended for aquatic weed control in the Upper Mystic lake in Winchester; and provided further, that not less than $250,000 shall be expended for a comprehensive study, including a management plan, for the entire Taunton river watershed, in accordance with the executive office of environmental affairs “Proposal for Watershed Work Affecting Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater Discharges”, dated February 11, 2003, to be conducted, in partnership, by the Old Colony Planning Council, the Southeastern Regional Planning & Economic Development District and the Watershed access lab at Bridgewater State College.......................................................................................................................................................... $2,349,209

 

2800-0200        For the operation of the Commonwealth Zoological Corporation pursuant to chapter 92B of the General Laws; provided, that $50,000 shall be expended for the Buttonwood Park Zoo; provided further, that 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, 2007 on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts Zoos Business and Operations Plan, dated December, 1996; and provided further, that the corporation shall continue to provide free services and supplies including, but not limited to, routine animal check-ups, diagnosis and care, emergency veterinary needs, medications and medical supplies, vitamins and diet supplements and Zoo Prem feline diet, to the Trailside Museum and the Chickatawbut Hill Center in the town of Milton.................................................................................................................... $6,050,000

 

2800-0401        For a program to provide stormwater management for all properties and roadways under the care, custody and control of the department of conservation and recreation; provided, that the department shall develop and implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all existing stormwater infrastructure, assess its current stormwater practices, analyze long term capital and operational needs, and develop a stormwater management plan to comply with federal and state regulatory requirements; and provided further, that in order to protect public safety and to protect water resources for water supply, recreational and ecosystem uses, the department will immediately implement interim stormwater management practices including but not limited to street sweeping, inspection and cleaning of catch basins, and emergency repairs to roadway drainage.................................. $950,000

 

2800-0500        For the freshwater and saltwater beaches under the control of the department of conservation and recreation; provided, that all beaches shall remain open and staffed from Memorial Day through Labor Day;  provided further, that the beaches shall have their full amount of required maintenance and upkeep; provided further, that the department shall file a report with the house and senate committees on ways and means not later than November 1, 2006 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 2005 and 2006; (2) a breakdown of how the funds were spent for every beach and the services that were provided; (3) the items of appropriation used to provide funding; (4) the amount of funding to be provided for every beach in fiscal year 2007 from this item; and (5) a list of the services or materials for each beach that will be provided from this item; provided further, that not less than $35,000 shall be expended for the cleanup of Pilayella algae on the Nahant Beach Reservation; and provided further, that not less than $250,000 shall be appropriated to the Middlesex canal commission.................................................................. $1,035,000

 

2800-0600        For the pools and spray pools under the control of the department of conservation and recreation; provided, that all pools and spray pools shall remain open and staffed from Memorial Day through Labor Day;  provided further, that the pools and spray pools shall have their full amount of required maintenance and upkeep; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than November 1, 2006 that shall include, but not be limited to, the following: (1) the amount of funding provided to every pool under the control of the department in fiscal years 2005 and 2006; (2) a breakdown of how the funds were spent for every pool and the services that were provided; (3) the items of appropriation used to provide funding; (4) the amount of funding to be provided for every pool in fiscal year 2007 from this item; and (5) a list of the services or materials for each pool that will be provided from this item.................................................... $750,000               

 

2800-0700        For an office of dam safety to regulate dams in the commonwealth pursuant to chapter 253 of the General Laws; provided, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, establish and maintain a comprehensive inventory of all dams in Massachusetts, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety……………………………................................................................................................ $1,045,000

 

2800-0800        For the resource management planning program to be conducted by the Stewardship Council and the department of conservation and recreation; provided, that employees of the department of conservation and recreation may be paid from this item; and provided further, that those employees shall provide services for the purposes of this item….............................................................................................................................................................. $600,000

 

2800-9004        For certain payments for the maintenance and use of the Trailside Museum and the Chickatawbut Hill center $500,000

 

2810-0100        For the operations of the division of state parks and recreation; provided, that funds appropriated in this item shall be used to operate all of the division’s parks, heritage state parks, reservations, campgrounds, beaches and pools and for the oversight of rinks, to protect and manage the division’s lands and natural resources including the forest and parks conservation services and the bureau of forestry development; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the department may issue grants to public and nonpublic entities from this item;  provided further, that Watson pond state park in Taunton and Ames Nowell state park in Abington shall remain open and appropriately staffed to allow public swimming and recreation for the season; provided further, that $150,000 shall be expended for the Schooner Ernestina commission; and provided further, that the level of funding for the beaches and pools from this item in fiscal year 2007 shall not be reduced from fiscal year 2006................................................................................................... $20,485,304

 

2810-0200        For summer employment programs at department of conservation and recreation facilities; provided, that the programs shall include peer-led youth recreation and interpretive programs, a youth all-star band, and a park repair and improvement program by skilled and unskilled laborers; provided further, that the programs shall provide opportunities for underprivileged populations, especially in economic development areas; and provided further, that not less than $1,000,000 shall be allocated for the city of Boston...................................... $2,000,000

 

2810-2000        For the seasonal hires of the division of state parks and recreation, including hires for the forest fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired before 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 2006 shall continue to receive the benefits in fiscal year 2007 during the period of their seasonal employment; provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified in this item; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period............................................................................................................................................... $5,567,735

 

2810-2040        The division of state parks and recreation may expend not more than $4,454,826  from revenue collected from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system and for the personnel costs of seasonal employees; provided, that no funds from this item shall be expended for the costs of full-time equivalent personnel; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item .......................................................................................................................................................... $4,454,826

 

2820-0100        For the administration, operation and maintenance of the division of urban parks and recreation, including for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the division, flood control activities of the division, purchase of all necessary supplies and related equipment, and the civilianization of crossing guards located at division intersections where state police previously performed such duties; provided, that the parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the division of urban parks and recreation; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that not less than $3,902 shall be expended on the Senator Charles E. Shannon Crossing Guard Corps at the corner of Mystic avenue and Shore drive in the city of Somerville;  provided further, that $45,000 shall be expended on the maintenance of Red Rock park on Lynn Shore drive, in the city of Lynn; provided further, that $60,000 shall be expended for funding of current employees of the bureau of forest fire control under their new reclassification firefighter services; provided further, that $225,000 shall be expended for maintenance and infrastructure repair of the southwest corridor park; provided further, that $50,000 shall be expended for flood mitigation at Fellsmere pond; provided further, that not less than $50,000 shall be expended for the purposes of trash removal on Revere beach between May 30th and September 5th, which shall match proceeds generated pursuant to section 29 of chapter 236 of the acts of 2002; provided further, that $297,000 shall be expended for the James Michael Curley Recreation Center in the city of Boston; provided further, that $95,000 shall be allocated for a private contractor to maintain the DCR Lynn Shore drive facility; and provided further, that the level of funding for the beaches and pools from this item in fiscal year 2007 shall not be reduced from fiscal year 2006............................................... $24,349,586

 

2820-0101        For the costs associated with the department’s urban park rangers specific to the security of the state house; provided, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house................................................................................................................................................ $1,778,080

 

2820-0200        For seasonal hires of the division of urban parks and recreation; provided, that no funds in this item shall be used for year-round seasonals; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding said section 1 of said  chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period......................................................................................................................... $3,159,341

 

2820-1000        The division of urban parks and recreation may expend not more than $200,000 from revenue collected pursuant to section 34B of chapter 92 of the General Laws........................................................................... $200,000

 

2820-1001        The division of urban parks and recreation may expend not more than $50,000 from revenue collected for the operation and maintenance of the division’s telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways central artery/Ted Williams tunnel project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, that nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system ............................................................................................................. $50,000

 

2820-2000        For the expenses of maintaining the parkways within the division of urban parks and recreation, including the costs of personnel and snow and ice removal expenses;  provided, that the department of conservation and recreation shall take all measures to ensure that the department’s snow and ice control efforts are efficient and cost effective.......................................................................................................................................................... $1,547,434

 

2820-3001        The division of urban parks and recreation may expend not more than $750,000  from revenue collected from skating rink fees and rentals for the operation and maintenance, including personnel costs, of the Murphy Memorial Rink, the Devine Memorial Rink and the Emmons Horrigan O’Neill Memorial Rink between September 1, 2006 and April 30, 2007 for an expanded and extended rink season; provided, that when assigning time for the use of the rink, the division shall give priority to those which qualify under applicable state and federal law as nonprofit organizations or as a public school......................................................................................................................... $750,000

 

2820-4420        For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend not more than  $1,100,000 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30...................... $1,100,000

 

2820-4421        For the operation and maintenance of the Leo J. Martin golf course; provided, that the division of urban parks and recreation may expend not more than  $700,000 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account shall be positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30 ........................ $700,000

 

2820-9005        For the operation of street lighting on the division of urban parks and recreation parkways; provided, that no expenditure shall be made other than in the GG object class; and provided further, that the department of conservation and recreation shall take all measures to further ensure that the department’s street lighting efforts are efficient and cost effective........................................................................................................... $3,006,832

 

Department of Early Education and Care.

 

3000-1000        For the administration of the department of early education and care and the costs of field operations and licensing provided through the department; provided, that funds from this item shall be expended on the development and piloting of a kindergarten readiness assessment system that is educationally sound; provided further, that funds from this item shall be expended on the development of a comprehensive evaluation system for all early education and care programs in the commonwealth; provided further, that not later than December 15, 2006, the department shall issue its annual report to the secretary of administration and finance, the chairpersons of the joint committee on education, and the chairpersons of the house and senate ways and means committees, which shall include an update on the progress made in meeting the information technology needs of the department, and on the development of a comprehensive and scientifically valid longitudinal study of the effectiveness of various early education and care programs and services; provided further, that the department shall report monthly 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 chapter66A of the General Laws to the contrary, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of education, the department of transitional assistance, the department of social services, and the department of public health may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes; provided further, that the commissioner of the department of early education and care may transfer funds between items 3000-2000, 3000-4000, 3000-4050, and 3000-4060 as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before the transfer; provided further, that no more than 5 percent of any item may be transferred in fiscal year 2007; provided further, that funds from this item shall be expended to develop an implementation plan for a workforce development system in collaboration with the board and chancellor of higher education, pursuant to section 5 of chapter 15D of the General Laws; and provided further, that the department shall expend not less than $100,000 to develop core competencies for those working with children in early education programs $10,952,486

 

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 early education and care provider training, resource and referral for children with disabilities in early education and care programs, community-based programs that provide direct services to parents and coordination of waiting lists for state-subsidized early education and care; and provided further, that the department shall administer the child care resource and referral system through the regional offices funded in this item................ $11,564,079

 

3000-2050        For the administration of the Children’s Trust Fund; provided, that notwithstanding any general of special law to the contrary, the department of early education and care shall collaborate with Children’s Trust Fund on the implementation of section 202 of chapter 6 of the General Laws, but shall not exercise any supervision or control with respect to the board................................................................................................................. $998,990

 

3000-3050        For supportive early education and care associated with the family stabilization program; provided, that funds from this item shall only be expended for early education and care costs of children with active cases at the department of social services; provided further, that the department of social services and the department of early education and care are directed to design and implement standards for early education and care placements made under this item; provided further, that the department of early education and care, in collaboration with the department of social services, shall maintain a centralized list detailing the number of children eligible for services in this item, the number of supportive slots filled, and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that all children eligible for services under this item shall receive said services; provided further, that if  the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and with the secretary of administration and finance, a report detailing the amount of appropriation needed to address such a deficiency; provided further, that the commissioner of the department of early education and care may transfer funds to this item from items 3000-1000, 3000-4050 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before the transfer; and provided further, that not less than $1,300,000 shall be expended to increase rates for transportation costs associated with this item............................................................................................................................... $54,673,130

 

3000-4000        For preschool programs and services provided to children from the age of 2 years and 9 months until they are kindergarten eligible, through a mixed system of service delivery including cities, towns, regional school districts, educational collaboratives, head start programs, and licensed child care providers, under criteria, guidelines and eligibility established by the board of early education and care; provided, that any payment made under a grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary; provided further, that in any city or town in which there was only 1 lead agency in fiscal year 1995, that lead agency shall serve as lead agency to submit proposals pursuant to section54 of said chapter15; provided further, that the amount by which the funds appropriated in this item exceed the amount appropriated in item 7030-1000 of chapter60 of the acts of 1994 shall be used to provide services to the children of working parents; provided further, that funds appropriated in item 7030-1000 prior to 1994 shall continue to be used for at risk children and special education purposes; provided further, that in allocating the funds and evaluating grant applications, the board of early education and care shall give priority consideration to 3 and 4-year-old children in cities and towns where high concentrations of low-income working families reside; provided further, that not less than one-third of the total slots funded by the amount by which the funds appropriated in this item exceed the amounts appropriated in item 7030-1000 of chapter60 shall be for full-day, full-year care that meets the needs of working parents; provided further, that councils shall give priority in awarding expansion slots to children on the waitlist maintained by the department for income eligible slots provided through item 3000-4060; provided further, that these children shall retain priority status for future services available through the department upon attaining the age of 5, notwithstanding the receipt of services funded through this item;  provided further, that funds may be expended for administrative costs of local councils; and provided further, that recipients of grants distributed from this item shall not expend more than 10 per cent of the grants for administrative costs, including salaries and benefits........................................................... $68,700,570

 

3000-4050        For early education and care programs for families in transition; provided, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded from this item and item 3000-3050 by category of eligibility;  provided further, that the report shall include the number of recipients subject to subsection (f) of section 110 of chapter 5 of the acts of 1995 funded from this item; provided further, that notwithstanding any general or special law to the contrary, the office shall perform post-audit reviews on a representative sample of the income-eligibility determinations performed by vendors receiving funds from this item; provided further, that the department shall report quarterly to the joint committee on education, the joint committee on children and families, the house and senate committees on ways and means and the secretary of administration and finance on the error rate, if any, in income-eligibility determinations calculated by the post audit reviews; provided further, that recipients of benefits under the employment services program or any successor program, participants of any component activity under the program of transitional aid to families with dependent children, former recipients of transitional aid to families with dependent children who are employed during the year after termination of benefits, former recipients of transitional aid to families with dependent children  participating in education or training programs authorized by department of transitional assistance regulations, parents under the age of 18 currently enrolled in an education or job training program who would qualify for transitional aid for families with dependent children, but for the deeming of grandparents' income, and former recipients of transitional aid to families with dependent children who are employed or in an authorized period of job search as of the expiration of the transitional year, and require post-transitional early education and care vouchers, shall be paid for from this item; provided further, that recipients of transitional aid to families with dependent children shall not be charged fees for care provided under this item; provided further, that early education and 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 early education and 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 early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that income-eligible early education and care shall not be funded from this item; and provided further, that, as these cases are a priority, if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and with the secretary of administration and finance, a report detailing the amount of appropriation needed to address the deficiency...................................................................................................................................................... $163,151,082

 

3000-4060        For income-eligible early education and care programs; provided, that income eligible programs shall not include the employment services child care program, transitional child care programs, or post-transitional child care programs; provided further, that not less than 500 early education and care slots shall be reserved for children in the foster care program at the department of social services; provided further, that informal early education and care benefits for families meeting income-eligibility criteria shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that all early education and care providers that are part of a public school system shall be required to accept early education and care vouchers from recipients funded through this appropriation; provided further, that notwithstanding any general or special law to the contrary, the office shall perform post-audit reviews on a representative sample of the income-eligibility determinations performed by vendors receiving funds from this item; provided further, that the department shall report quarterly to the joint committee on education, the joint committee on children and families, the house and senate committees on ways and means and the secretary of administration and finance on the error rate, if any, in income-eligibility determinations calculated by the post audit reviews; and provided further, that the department shall maintain not less than the same number of vouchers funded in fiscal year 2006..................................................................................... $150,714,917

 

3000-5000        For grants to head start programs.................................................................................................... $8,500,000

 

3000-6000        For early education and care quality expenditures; provided, that $1,400,000 shall be expended for one-time pilot contracts for early childhood mental health consultation services in early education and care programs; provided further, that, for such pilot contracts, preference shall be given to those services designed to limit the number of expulsions and suspensions from the programs; provided further, that the department, in collaboration with the community partnership councils and child care resource and referral agencies, shall issue with its March 2007 monthly report, information estimating the number of pre-school suspensions and expulsions that occur each year in the commonwealth, the relative frequency of each type of mental illness or behavioral issues among children receiving programs and services from the department, and an analysis of the most effective intervention strategies; provided further, that said report shall be provided, along with recommendations for legislative or regulatory changes, to the secretary of administration and finance, the senate president, the speaker of the house, the chairpersons of the house and senate ways and means committees and the house and senate chairpersons of the joint committee on education; provided further, that not less than $1,321,145 shall be expended for activities to increase the supply of quality early education and care for infants and toddlers; provided further, that not less than $1,000,000 shall be expended for resource and referral services provided through item 3000-2000; provided further, that not less than $234,248 shall be expended for school-age child care activities; provided further, that no funds from this item shall be used to fund capital assets or equipment for for-profit providers or agencies; provided further, that no funds shall be expended for the DD object class expenses of the department, out of state travel, bottled water, chargebacks, office equipment, prior year deficiencies, or the Virtual Gateway system; and provided further, that no funds shall be expended, obligated or transferred from this item before 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 2007.............................................................. $4,120,403

 

 

3000-7000        For statewide neonatal and postnatal home parenting education and home visiting programs for at-risk newborns to be administered by the Children’s Trust Fund; provided, that the department shall collaborate with the Children’s Trust Fund, whenever feasible and appropriate, to coordinate services provided though this item with services provided through items 3000-7050, 3000-7060 and 3000-7070, in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department; provided further, that such services shall be made available statewide to parents under the age of 21 years; and provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low income parents........................................................................................................................................... $12,563,844

 

3000-7050        For the Mass Family Networks program; provided, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through items 3000-7000, 3000-7060 and 3000-7070, in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department............................................... $5,395,694

 

3000-7060        For grants for the home-based parenting and family literacy program known as the Parent-Child Home Program; provided, that the department shall distribute the funds to expand capacity at existing Parent-Child Home Program sites and to establish replication sites in cities and towns where high concentrations of low income families reside; provided further, that for grants awarded to establish the replication sites, the department shall consider applications from school districts or social service agencies that demonstrate the capacity to replicate the home visiting program to serve area low income families; provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through items 3000-7000, 3000-7050 and 3000-7070, in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department; and provided further, that the preference for the grants shall be given to applicants who demonstrate a commitment to maximize federal and local funding for the operation of the replication site.................................................................................................................... $3,000,000

 

3000-7070        For matching grants to fund the Reach Out and Read program, to provide books to at-risk children through book distribution programs established in community health centers, medical practices and hospitals for at-risk children; provided, that the funds distributed through this program shall be contingent upon a match of not less than $1 in private or corporate contributions for every $1 in state funding distributed through the grant program; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through items 3000-7000, 3000-7050 and 3000-7060 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department.......................................................................................................................................................... $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, nonprofit community centers, and youth development programs; provided, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further, that not less than $3,000,000 shall be expended for the Massachusetts Alliance of Boys and Girls Clubs; provided further, that not less than $80,000 shall be expended for the young parents program of the Newton Community Service Centers; provided further, that not less than $40,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the public partnership program between the town of Saugus and the Saugus YMCA and YWCA; provided further, that not less than $50,000 shall be expended for programs at the Northeast Family YMCA; provided further, that not less than $100,000 shall be expended for programs at the YWCA of Newburyport; provided further, that not less than $50,000 shall be expended for the Project Adventure Youth Leadership Program administered by Family Services Incorporated of Lawrence; provided further, that not less than $50,000 shall be expended for programs at the Girls Incorporated of Holyoke drop-in center; provided further, that not less than $25,000 shall be expended for programs at the Fishing Academy, Incorporated; provided further, that not less than $125,000 shall be expended for the Greater Worcester YMCA Youth Programs; provided further, that not less than $50,000 shall be expended for youth counseling, GED/School-to-Career Program, drug prevention, and at-risk youth services at a regional youth center in Uxbridge; provided further, that not less than $50,000 shall be expended for programs at the Merrimack Valley YMCA; provided further, that not less that $100,000 shall be expended for the United Teen Equality Center in Lowell; provided further, that not less than $50,000 shall be expended for youth and family programs at the West Suburban YMCA; provided further, that not less than $50,000 shall be expended for health and wellness programming at the YWCA of Greater Lawrence; provided further, that not less than $100,000 shall be expended for the Springfield Day Nursery; and provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amount distributed in fiscal year 2007 by March 1, 2007................................................................................................................................ $3,970,000

 

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 may collect directly from a liable third party any amounts paid to contracted providers under chapter 118E of the General Laws for which the executive office later discovers another third party is liable if no other course of recoupment is possible; provided further, that no funds shall be expended for the purpose of funding interpretive services directly or indirectly related to a settlement or resolution agreement, with the office of civil rights or any other office, group or entity; provided further, that interpretive services currently provided shall not give rise to enforceable legal rights for any party or to an enforceable entitlement to interpretive services; provided further, that notwithstanding any general or special law to the contrary, for fiscal year 2007 the definition of a rural hospital shall mean an acute care hospital as defined under section 25B of chapter 111 of the General Laws and licensed under said chapter 111, which: (1) has been designated by the executive office as a rural hospital based on bed size, city or town population, and population density of the city, town, service area or county as determined by the executive office through regulation; or (2) is a hospital currently designated as a Critical Access Hospital by the Federal Department of Health and Human Services in accordance with federal regulations and state requirements; provided further, that the federal financial participation received from claims filed for the costs of outreach and eligibility activities performed at certain hospitals or by community health centers which are funded in whole or in part by federally permissible in-kind services or provider donations from the hospitals or health centers, shall be credited to this item and may be expended without further appropriation in an amount specified in the agreement with each donating provider hospital or health center; provided further, that notwithstanding 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 notwithstanding section 1 of chapter 118G of the General Laws or any general or special law to the contrary, for fiscal year 2007 the definition of a “pediatric specialty unit” shall mean a level 1 burn and trauma center for pediatrics or a pediatric unit of an acute care hospital in which the ratio of licensed pediatric beds to total licensed hospital beds as of July 1, 1994, exceeded 0.20; provided further, that in calculating that ratio, licensed pediatric beds shall include the total of all pediatric service beds, and the total of all licensed hospital beds shall include the total of all licensed acute care hospital beds, consistent with Medicare's acute care hospital reimbursement methodology as put forth in the Provider Reimbursement Manual Part 1, Section 2405.3G; provided further, that a hospital with a unit designated as a pediatric specialty unit, or which maintains a level 1 burn and trauma center for pediatrics as defined in this item shall be exempt from the inpatient and outpatient efficiency standards being applied to their rate methodology; provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient services at acute care pediatric hospitals and pediatric subspecialty units as defined in section 1 of chapter 118G of the General Laws, the executive office shall make a supplemental payment, if necessary, sufficient to assure that inpatient SPAD and outlier payments for discharges with a case mix acuity greater than 5.0 shall be at least equal to 85 per cent of the expenses incurred in providing services to those children; provided further, that in determining the inpatient and outpatient acute hospital rates of payment, the executive office and its contractors shall utilize a payment methodology so that rates of payment are not less than those in effect during fiscal year 2006; provided further, that said inpatient rates for acute hospitals shall also include outlier benefits which were in effect on January 1, 2003 for all MassHealth members; provided further, that in determining the inpatient and outpatient nonacute hospital rates of payment, the executive office and its contractors shall utilize a payment methodology so that rates of payment are not less than those in effect during fiscal year 2006; 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 2006; provided further, that said executive office, in fiscal year 2007, shall not eliminate payment to hospital outpatient departments for primary care provided to MassHealth members;  provided further, that a new methodology shall be established for rates reimbursed by the commonwealth through the division of health care finance and policy and the executive office of health and human services to cover the cost of care provided by any health care facility licensed by the department of public health as a non-acute chronic hospital with no fewer than 500 licensed beds as of June 30, 2005, with no fewer than 150,000 Medicaid patient days in the state fiscal year ended June 30, 2006, and with an established geriatric teaching program for physicians, medical students, and other health professionals, as follows: (1) The rate for any such facility shall be developed collaboratively through an agreement among the office of Medicaid, the division of health care finance and policy, and any such health care facility; (2) The reimbursement methodology shall incorporate the following components: (a) utilization of the payment methodology in effect during fiscal year 2006 together with the most recent 403 cost report filed with the division of health care finance and policy, (b) a per diem rate shall be established which reimburses the full allowable cost, including capital, for both acute and administratively necessary services, (c) a separate per diem rate shall be established which reimburses the full allowable cost, including capital, for long term care services, (d) both rates shall include the full allowable cost, not otherwise reimbursed, of teaching and research activities, and (e) rates shall be inflated over the base year period by the applicable medicare market basket inflation factors, including an adjustment to account for costs outside the reasonable control of the facility that may arise; (3) Until such time as the new reimbursement methodology is established pursuant to this section, the per diem rates for any such facility shall be increased by at least $34  per day for the year starting July 1, 2006, and by 5 percent annually for each subsequent year; and (4) Rates of payment shall not be less than those in effect for such facility in fiscal year 2006; provided further, that not later than September 1, 2006, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing planned fiscal year 2007 expenditures by the executive office as funded by chargebacks to the 17 executive office cluster agencies;  provided further, that no later than March 1, 2007, the executive office, in consultation with the division of health care finance and policy, shall submit a report evaluating the processes used to determine eligibility for Medicaid and free care services, including the Virtual Gateway; provided further, that the report shall include: (i) an analysis of the effectiveness of these processes in enforcing eligibility requirements for publicly funded health programs and in enrolling uninsured residents into programs of health insurance offered by public and private sources; (ii) an assessment of the impact of these processes on the level of free care by providers; and (iii) recommendations for ongoing improvements that will enhance the performance of eligibility determination systems and reduce hospital administrative costs; provided further, that the secretary shall ensure that all medicaid benefit restorations, program expansions, and rate increases required pursuant to chapter 58 of the acts of 2006 are implemented in fiscal year 2007; provided further, that effective July 1, 2006, the executive office shall include smoking and tobacco use cessation treatment and information within MassHealth covered services pursuant to section 108 of chapter 58 of the acts of 2006; provided further, that with respect to section 6037 of the Deficit Reduction Act of 2005, the executive office shall assist applicants and recipients in obtaining the required verification at no cost to the applicants and recipients; provided further, that the executive office shall not, by amendment to the state plan or amendment to the Section 1115 demonstration program, elect any state option to increase premiums and cost sharing or reduce benefits pursuant to sections 1916A and 1937 of the Social Security Act as amended by chapter 4 of Title VI of the Deficit Reduction Act of 2005, Pub. L. No. 109-171 with respect to any category of persons eligible for medical benefits under chapter 118E as said chapter was in effect on January 1, 2006; and provided further, that any projection of deficiency in item 4000-0320, 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, 4000-1400 or 4000-1405, shall be reported to the house and senate committees on ways and means not less than 90 days before the projected exhaustion of funding and that any unexpended balance in these accounts shall revert to the General Fund on June 30, 2007 $134,283,096

 

4000-0320        The executive office may expend an amount not to exceed $225,000,000 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 additional categories of recoveries and collections, including the balance of any personal needs accounts collected from nursing and other medical institutions upon a recipient’s death and held by the executive office for more than 3 years, may, notwithstanding any general or special law to the contrary, be credited to this item; provided further, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; and 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.............................................................................................................................. $225,000,000

 

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......................................................................................................................................... $68,169,435

 

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 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 shall continue to 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 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 $14,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units, including pediatric chronic and rehabilitation long-term care hospitals as allowable under federal law; provided further, that not less than $2,000,000 of said $14,000,000 shall be expended as a grant to said pediatric chronic and rehabilitation long-term care hospital; provided further, that $11,700,000 shall be expended on disproportionate share payments to high public payer hospitals; and provided further, that not less than $87,000,000 shall be expended to increase actuarially sound rates pursuant to section 122 of chapter 58 of the acts of 2006... $2,520,227,848

 

Executive Office 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 a demonstration project known as the “community choices” initiative; provided further, that benefit for this demonstration project shall not be reduced below the services provided in fiscal year 2006; provided further, that the eligibility requirements for this demonstration project shall not be more restrictive than those established in fiscal year 2006; provided further, that the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing the projected costs and the number of individuals served by the “community choices” initiative in fiscal year 2007 delineated by the federal poverty level; provided further, that the report shall be submitted not later than February 1, 2007; provided further, that notwithstanding any general or special law to the contrary, the regulations, criteria and standards for determining admission to and continued stay in a nursing home in fiscal year 2007 shall not be more restrictive than those regulations, criteria and standards in effect on January 1, 2004 until the executive office of health and human services and the executive office of elder affairs submit a multi-year plan to the house and senate committees on ways and means and the joint committee on health care financing detailing the suggested timeline for phasing in changes to nursing home clinical criteria, provided that these changes shall not adversely affect current nursing home residents and shall not jeopardize the effectiveness of the 2176 home and community based waiver; provided further, that notwithstanding any general or special law to the contrary, for any nursing home or nonacute chronic disease hospital that provides kosher food to its residents, the department, in consultation with the division, in recognition of the unique special innovative program status granted by the executive office, shall continue to make the standard payment rates established in fiscal year 2006 to reflect the high dietary costs incurred in providing kosher food; provided further, that not less than $75,000 shall be made available to reimburse providers of dementia-specific adult day care at the rate paid on January 1, 2003; provided further, that 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 the secretary of elder affairs may transfer not more than 3 per cent of funds appropriated in this item to item 4000-0620; provided further, that the executive office shall provide written notice to the house and senate committees on ways and means not less than 30 days prior to any transfer; provided further, that subject to Title XIX of the Social Security Act, MassHealth enrollees shall not be eligible for long term care services if the enrollee’s equity interest in the enrollee’s home exceeds $750,000; provided further, that in determining medicaid rates for the cost of care provided by the only mentally involved/medically involved (MIMI) nursing facility in the commonwealth the executive office and its contractors shall utilize a payment methodology so that rates of payment are not less than those in effect during fiscal year 2006; provided further, that not less than $2,000,000 shall be expended for the purpose of a housing with services demonstration project known as the “Caring Homes” initiative designed to delay or prevent nursing home placement by providing caregiving services to an elder; and provided further, that under said demonstration project, eligible MassHealth enrollees shall be able to live in the home of an individual or relative, with the exception of spouses and dependent children, to provide for their long term supports, pursuant to regulations promulgated by said executive office..................................... $1,702,009,136

 

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........................................................................................................................................................ $83,872,908

 

4000-0700        For health care services provided to medical assistance recipients under the executive office’s health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office’s managed care or senior care plans; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated in this item; provided further, that notwithstanding the foregoing, funds may be expended from this item for the purchase of third party insurance including, but not limited to, Medicare for any medical assistance recipient including, but not limited to, seniors; provided further, that funds may be expended from this item for activities relating to disability determinations or utilization management and review, including patient screenings and evaluations, regardless of whether such activities are performed by a state agency, contractor, agent or provider; and provided further, that the executive office shall submit a report to the executive office of administration and finance and the house and senate committees on ways and means not later than March 1, 2007 detailing the activities described in the preceding proviso to be expended from this item during fiscal year 2007................................... $1,517,399,331

 

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, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years...................................................................................................................................................... $409,091,466

 

 

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................. $98,206,928

 

4000-0875        For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall provide benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level, subject to continued federal approval;  provided further, that eligibility for such benefits shall be extended solely for the duration of such cancerous condition; provided further, that prior to the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer at the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with item 4570-1512 of section 2D; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years.......................................................................................................................................................... $3,951,303

 

4000-0880        For MassHealth benefits under clause (c) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws as amended by chapter 58 of the acts of 2006 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 children who have aged out of the custody of the department of social services shall be eligible for these benefits until they reach age 20, subject to federal approval........................................... $100,095,712

 

4000-0890        For the cost of health insurance premium subsidies paid to employees of small businesses participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws, as amended by chapter 58 of the acts of 2006.......................................................................................................................................... $45,011,915

 

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.......................... $6,996,069

 

4000-0895        For the healthy start program to provide medical care and assistance to pregnant women and infants residing in the commonwealth pursuant to section 10E of chapter 118E of the General Laws; provided, that the executive office shall no later than February 14, 2007, report annually to the house and senate committees on ways and means on the population served by the program delineated by the federal poverty level; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years $15,969,177

 

4000-0990        For the children’s medical security plan to provide primary and preventive health services for uninsured children from birth through age 18; provided, that the executive office shall prescreen enrollees and applicants for medicaid eligibility; provided further, that no applicant shall be enrolled in the program until the applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children’s medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of the children; provided further, that the executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10F of chapter 118E of the General Laws; provided further, that the maximum benefit levels for this program shall be made available only to those children who have been determined by the executive office to be ineligible for MassHealth benefits; provided further, that notwithstanding subsection (d) of section 10F of chapter 118E of the General Laws, or any general or special law to the contrary, premiums for this program shall be collected according to the following eligibility categories: (1) enrollees in households earning less than 200 per cent of the federal poverty level shall not be responsible for contributing to program premium costs; (2) enrollees in households earning between 200 per cent and 300 per cent of the federal poverty level, inclusive, shall contribute not less than 20 per cent and not more than 30 per cent of the monthly premium cost according to a sliding scale established by the executive office; provided further, that additional contributions shall not be required for any enrollee after the third enrollee in such a household; (3) enrollees in households earning between 301 per cent and 400 percent of the federal poverty level, inclusive, shall contribute not less than 85 per cent and not more than 90 per cent of the monthly premium cost according to a sliding scale established by the executive office; provided, that additional contributions shall not be required for any enrollee after the first enrollee in such a household; and (4) enrollees in households earning more than 400 per cent of the federal poverty level shall pay not more than the full premium cost of the program; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years.................................................................................................................................... $18,232,293

 

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................................... $13,047,887

 

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 persons eligible under subsection (7) of section 16D of chapter 118E shall be also eligible to receive benefits under this item; 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; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years................ $306,041,312

 

4000-1420        For the purposes of making payment to the federal Centers for Medicare and Medicaid Services in compliance with Title XIX of the Social Security Act, as amended by the Medicare Prescription Drug Improvement and Modernization Act of 2003................................................................................................................................ $238,900,000

 

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 2007, 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 2007 from: (1) filing fees; (2) fees and charges generated by the division’s publication or dissemination of reports and information; and (3) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessed amount shall not be less than 65 per cent of the division’s expenses as specified in this item; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the uncompensated care pool to report to the division the following utilization information: the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly to the house and senate committees on ways and means a summary report compiling said data; provided further, that the division, in consultation with the executive office of health and human services, shall not promulgate any increase in medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that the division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that funds may be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that 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, 2006 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 2006; (2) the total dollar amount billed to the pool in fiscal year 2006; (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 2006; 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 may 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 2007;  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........................................................................................................ $12,836,110

 

Office on Disabilities and Community Services.

Massachusetts Commission for the Blind.

 

4110-0001        For the office of the commissioner; provided, that the commissioner may transfer funds between items 4110-0001, 4110-1000, 4110-1010, 4110-1020, 4110-2000, 4110-2001, 4110-3010 and 4110-4000; provided further, that the amount transferred from any of the items stated in this item shall not exceed 5 per cent of the total amount appropriated for that item; provided further, that 30 days before any such transfer, the commissioner shall submit an allocation plan detailing the distribution of the funds to be transferred to the house and senate committees on ways and means; and provided further, that amounts appropriated to the commission in fiscal year 2007 that extend or expand services beyond the level of services provided in fiscal year 2006 shall not annualize above those amounts in fiscal year 2008 ............................................................................................................................. $1,132,494

 

4110-1000        For the community services program; provided, that not less than $350,000 shall be expended from this item for the deaf-blind community access network; provided further, that not less than $500,000 shall be expended for the talking information center; provided further, that not less than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and provided further, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network.......................................... $3,967,118

 

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............................................... $324,995

 

4110-2000        For the turning 22 program of the commission; provided, 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 ................... $9,512,267

 

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; and provided further, that $154,000 shall be expended on the Carroll Center for the Blind.................. $2,815,326

 

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.................................................................................................................................. $1,895,410

 

Massachusetts Rehabilitation Commission.

 

4120-1000        For the operation of the commission; provided, that the commissioner may transfer funds between items 4120-1000, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided further, that the amount transferred from any of the items stated in this item shall not exceed 5 per cent of the total amount appropriated for that item; provided further, that 30 days before any such transfer, the commissioner shall submit an allocation plan to the house and senate committees on ways and means detailing the distribution of the funds to be transferred; provided further, that amounts appropriated to the commission that extend or expand services beyond the level of services provided in fiscal year 2006 shall not annualize above those amounts in fiscal year 2008; provided further, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; and 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..................................................................................... $579,543

 

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 the residence.............................. $7,526,911

 

4120-3000        For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided; and provided further, that not less than $200,000 shall be expended for waitlist reduction for the community based employment program............. $8,255,480

 

4120-4000        For independent living assistance service; provided, that not less than $949,295 shall be expended for assistive technology devices and training for individuals with severe disabilities; provided further, that $3,840,000 shall be expended for the independent living centers contracted with the commission; and provided further, that not less than $200,000 shall be expended for the SHARE Foundation at the University of Massachusetts at Dartmouth    $ 9,997,486

 

4120-4001        For the housing registry for the disabled ........................................................................................... $83,754

 

4120-4010        For services to clients of the department who turn 22 years of age; provided, that the amount appropriated in this item shall not annualize to more than $1,412,500 in state fiscal year 2008.................................. $749,145

 

4120-5000        For homemaking services................................................................................................................ $5,519,355

 

4120-5050        The Massachusetts rehabilitation commission may expend not more than $330,000 in revenues for expanded independent living and employment services from federal reimbursements received for services provided by the commission; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate reported in the state accounting system................................................................................................................................................. $330,000

 

4120-6000        For head injured services; provided, that the commission shall work with the executive office of health and human services to maximize federal reimbursement for clients receiving head injured services; provided further, that the commission shall expend funds on a 24-hour basis for persons with severe head injuries in western Massachusetts; provided further, that not less than $100,000 shall be expended for the Cape Cod head injury program; and provided further, that not less than $75,000 shall be expended on the Keeping Every Youth Safe program at the Massachusetts Brain Injury Association.............................................................................................................. $8,971,110

 

Massachusetts Commission for the Deaf and Hard of Hearing.

 

4125-0100        For the operation of and services provided by the Massachusetts commission for the deaf and hard of hearing .......................................................................................................................................................... $5,539,165

 

4125-0101        For the Massachusetts commission for the deaf and hard of hearing; provided, that the commission  may expend not more than $175,000 in revenues from charges received on behalf of interpreter services and monies received from private grants, bequests, gifts or contributions; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system................................................... $175,000

 

Soldiers’ Home in Massachusetts.

 

4180-0100        For the maintenance and operation of the Soldiers’ Home in Massachusetts located in the city of Chelsea, including a specialized unit for the treatment of Alzheimer’s disease patients; provided, that graduates from the LPN school of nursing shall work in state-operated facilities for at least 1 year; provided further, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2006; and provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2007 ....................................................... $24,224,135

 

4180-0200        The Soldier’s Home in Massachusetts may expend not more than $25,000 from fees collected from veterans in its care for the purposes of providing television and telephone services to residents......................... $25,000

 

4180-1100        The Soldiers’ Home in Massachusetts may expend not more than $300,661 in revenues for facility maintenance and patient care, including personnel costs; provided, that 60 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued........................................................................................................................................... $300,661

 

Soldiers’ Home in Holyoke.

 

4190-0100        For the maintenance and operation of the Soldiers’ Home in Holyoke, including the adult day care program, the Maguder House and the Chapin Mansion; provided, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2006; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2007; and provided further, that in the operation of the outpatient pharmacy, the Soldiers’ Home shall cover the cost of drugs prescribed at the Soldiers’ Home, excluding the required co-payment, only when the veteran has no access to other drug insurance coverage, including coverage through the program authorized by section 39 of chapter 19A of the General Laws............................................................................................. $18,531,625

 

4190-0102        The Soldiers’ Home in Holyoke may expend for the outpatient pharmacy program an amount not to exceed $225,000 from co-payments which it may charge to users of the program; provided, that no co-payments shall be imposed or required of any person which exceed the level of co-payments charged in fiscal year 2006; provided further, that no funds appropriated in this item shall be expended until the superintendent has submitted a report to the secretary and the house and senate committees on ways and means detailing projected expenditures for fiscal years 2007 and 2008 and any and all assumptions used to project outpatient pharmacy spending for the outpatient pharmacy program from this item and item 4190-0100 by September 1, 2006; provided further, that said superintendent shall submit a report to said secretary and the house and senate committees on ways and means that shall include, but not be limited to, demographic information on said outpatient pharmacy users, including age and insurance status, utilization information for the outpatient pharmacy, including the number of generic prescriptions filled, the number of brand name prescriptions filled, the number of 30-day supplies of generic drugs dispensed, the number of 30-day supplies of brand name drugs dispensed, and a description of said Soldiers’ Home’s drug utilization review program for the first 2 quarters of fiscal year 2007; provided further, that said report shall be submitted not later than January 16, 2007; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system $225,000

 

4190-0200        The Soldier’s Home in Holyoke may expend not more than $25,000 from fees collected from veterans in its care for the purposes of providing television and telephone services to residents...................................... $25,000

 

4190-1100        The Soldiers’ Home in Holyoke may expend not more than $200,442 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued        $200,442

 

OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.

Department of Youth Services.

 

4200-0010        For the administration of the department of youth services; provided, that the department shall continue to collaborate with the department of education in order to align curriculum at the department of youth services with the statewide curriculum frameworks and to ease the reintegration of youth from facilities at the department of youth services into regular public school settings; provided further, that the department shall continue to execute phase 2 of its education funding initiative; provided further, that the commissioner of youth services, in conjunction with the department of education, shall submit a report on progress made during phase 2, and projected needs for phase 3 in fiscal year 2008, to the house and senate committees on ways and means by February 1, 2007; and provided further, that the department shall expend not more than $300,000 on the juvenile case management system .......................................................................................................................................................... $5,321,208

 

4200-0100        For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that not less than $300,000 shall be expended to provide career services to youth in the department’s care; provided further, that not less than $400,000 shall be expended for the Boston juvenile re-entry program; provided further, that the commissioner may transfer up to 7 per cent of the amount appropriated in this item to items 4200-0200 and 4200-0300; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer........................................................................................................................................................ $23,441,647

 

4200-0200        For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated herein to items 4200-0100 and 4200-0300; and provided further, that 30 days before any transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer........................................................ $19,672,603

 

4200-0300        For secure facilities, including purchase-of-service and state-operated programs incidental to the operations of the facilities; provided, that funds shall be expended for programs to address the needs of the female population; provided further, that funds shall be expended to address suicide prevention including, but not limited to, increased clinical capacity, increased clinical staff for risk assessment at intake, improved medication administration, enhanced psychiatric coverage at facilities, and the assurance of a 24-hour area-based on-call staff; provided further, that not less than $1,250,000 shall be expended for the homeward bound program in the town of Brewster; provided further, that not less than $600,000 shall be expended on vocational training in order to reduce recidivism; provided further, that an amount not to exceed $60,000 may be expended for reimbursements to providers for services rendered in prior fiscal years; provided further, that the commissioner may transfer up to 5 per cent of the amount appropriated in this item to items 4200-0100 and 4200-0200; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer...................................................................................................................................................... $105,423,021

 

4200-0500        For the department of youth services’ education system; provided, that not less than $2,550,000 shall be expended to address the salaries of teachers.................................................................................................... $3,300,000

 

Department of Transitional Assistance.

 

4400-1000        For the central administration of the department, including the development and maintenance of automated data processing systems and services in support of department operations, and for the administration of department programs in local transitional assistance offices, including the expenses of operating a food stamp program; provided, that during fiscal year 2007 the department shall maintain 2 transitional assistance offices in the city of Springfield; provided further, that all costs associated with verifying disability for all programs of the department shall be paid from this item; provided further, that the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, and public assistance caseloads and benefits; provided further, that the department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that under 21 U.S.C. section 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. section 862a, except that individuals incarcerated for a conviction which would otherwise be disqualifying under 21 U.S.C. section 862a(a) shall not be eligible for cash assistance funded through item 4403-2000 during the first 12 months after release from a correctional institution unless the individual qualifies for an exemption under subsection (e) of section 110 of chapter 5 of the acts of 1995 or a domestic violence waiver; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the executive office of health and human services for a determination of eligibility under said chapter 118E; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that no funds may be expended from this item for costs related to the homeless management information system; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and redeterminations; and provided further, that the department may allocate funds, not to exceed $2,500,000 from this item to item 4400-1100 for the cost of the department’s caseworkers.......................................................................................................... $65,820,503

 

4400-1001        For programs to increase the commonwealth’s food stamp participation rate; provided, that $1,500,000 shall be expended for a contract with Project Bread-The Walk for Hunger, Inc., which shall be solely responsible for administering a comprehensive, community-based program to alleviate and prevent hunger and to expand participation in federal nutrition programs; provided further, that Project Bread shall focus on communities in Massachusetts with the highest rates of hunger as defined by the United States Census Bureau; provided further, that Project Bread shall develop a strategic plan to alleviate hunger; provided further, that Project Bread shall support research relative to the prevention and effect of hunger; provided further, that Project Bread shall file a report with the clerk of the house of representatives, the clerk of the senate, the president of the senate, the speaker of the house, the chairs of the joint committee on education, the chairs of the joint committee on children and families, the chairs of the joint committee on public health and the chairs of the house and senate committees on ways and means not later than March 1, 2007 detailing hunger prevention strategies that have been developed and implemented, including, but not limited to, an evaluation of said strategies; and provided further, that Project Bread shall file with the clerk of the house of representatives and the clerk of the senate an annual report on the status of hunger in the commonwealth not later than December 1, 2006; provided further, that the department shall expend $700,000 to establish a unit staffed by department employees to respond to food stamp inquiries, and arrange for and conduct telephone interviews for initial food stamp applications; provided further, that the department shall expend $700,000 to develop a system to image and catalogue eligibility documents electronically; provided further, that not less than $370,000 shall be expended for food stamp outreach; provided further, that not less than $250,000 shall be expended for the Food Source Hotline; provided further, that the work of department employees paid for from this item shall be restricted to processing food stamp applications; provided further, that the department shall not require food stamp applicants to provide re-verification of eligibility factors previously verified and not subject to change; provided further, that, notwithstanding any general or special law to the contrary, the department shall require only 1 signature from food stamp applicants; and provided further, that the department shall report to the house and senate committees on ways and means not later than December 1, 2006 on the progress of implementing these programs.......................................................................................................................................................... $3,520,000

 

4400-1025        For domestic violence specialists at local area offices.................................................................. $653,866

 

4400-1079        For the operation of the homeless management information system; provided, that during fiscal year 2007 the department shall submit  quarterly to the house and senate committees on ways and means a status report detailing the specific implementation of the system, the number of shelters participating by month, the types and descriptions of information reports able to be generated, and any other information that the department determines to be necessary in evaluating the full and complete implementation of the system; and provided further, that the report shall also detail all expenditures by object code...................................................................................... $1,000,000

 

4400-1100        For the payroll of the department’s caseworkers; provided, that only employees of bargaining unit eight shall be paid from this item; provided further, that not less than $1,000,000 shall be expended to hire additional non-public assistance caseworkers to process food stamp applications; and provided further, that the department may allocate funds, not to exceed $1,000,000 from this item to item 4400-1000 for the administrative costs of the department of transitional assistance................................................................................................................ $56,693,172

 

4401-1000        For a program to provide employment and training services for recipients of benefits provided under the program of transitional aid to families with dependent children; provided, that certain parents who have not yet reached the age of 18, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income, shall be allowed to participate in the employment services program; provided further, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits due to employment or subsection (f) of section 110 of chapter 5 of the acts of 1995; provided further, that funds from this item shall be expended for the purposes of the young parents program, transportation costs, pre-employment skills training and education programs, and structured subsidized employment services; provided further, that the department of transitional assistance may use funds from this item and shall collaborate with the department of workforce development to access funding through Title I of the federal Workforce Investment Act to ensure that sufficient resources are available to provide substantive, pre-employment skills training, including training that integrates basic education and English as a second language instruction, to recipients of transitional aid to families with dependent children who are in need of such services; provided further, that funds from this item may also be expended for re-employment services, job search assistance, vocational training services, job retention services, adult basic education, graduate equivalency degree courses, English as a second language courses and training programs for persons with limited English proficiency, and emergency work-related expenses for recipients, including emergency transportation costs; provided further, that the department shall inform all recipients and applicants of the full range of programs and of skills training programs funded by Title I of the federal Workforce Investment Act accessible through the one-stop career centers and adult education programs funded by the department of education available under this program; provided further, that funds may be allocated from this item to other agencies for the purposes of this program; provided further, that within 90 days of a recipient, without a high school degree or a graduate equivalency degree or proficiency in English who is subject to said subsection (f) of said section 110 of said chapter 5, becoming eligible for benefits, the department may offer to the recipient a skills assessment to identify barriers to employment; and provided further, that all of this item is subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item.................... $27,087,733

 

4401-1100        The department of transitional assistance may expend not more than $5,000,000 from revenue received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependent children ................ $5,000,000

 

4403-2000        For a program of transitional aid to families with dependent children; provided, that notwithstanding any general or special law to the contrary, benefits under the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits; provided further, that notwithstanding any general or special law or this act to the contrary, no benefits under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year  2006; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under the provisions of subsection (e) of section 110 of chapter 5 of the acts of 1995 shall be 2¾ per cent below the otherwise applicable payment standard, in fiscal year 2007, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify all teen parents receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5; provided further, that a $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that a nonrecurring children’s clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September, 2006; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September, 2006; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing under chapter 119 of the General Laws, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that notwithstanding section 2 of chapter 118 of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month such payments are to be made or within the 3 month period after such month of payment, and who, if such child had been born and was living with her in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits; provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for such loss; provided further, that no funds from this item shall be expended by the department for child care or transportation services for the employment and training program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that the department shall provide oral and written notification to all recipients of their child care benefits on a semi-annual basis; provided further, that the notification shall include the full range of child care options available, including center-based child care, family-based child care, and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits and post-transitional benefits; provided further, that the department shall work with the department of early education and care to ensure that both recipients currently receiving benefits and former recipients during the 1 year period after termination of benefits are provided written and verbal information about child care services; provided further, that the notice shall further advise recipients of the availability of food stamps benefits; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility for, or levels of benefits under the program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes; and provided further, that not less than $418,074 shall be expended for the purposes of the operation of the Transportation Assistance Program operated by the Traveler’s Aid Society $296,255,455

 

4403-2001        For the Lift Transportation Program operated by the Traveler’s Aid Society of Boston......... $150,000

 

4403-2119        For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995 for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program........................................................................................................................................... $7,045,866

 

 

4403-2120        For certain expenses of the emergency assistance program as follows: (i) contracted family shelters; (ii) transitional housing programs; (iii) programs to reduce homelessness in Barnstable, Dukes and Nantucket counties; (iv) residential education centers for single mothers with children; (v) intake centers; and (vi) voucher shelters; provided, that eligibility shall be limited to families with income at or below 130 per cent of the federal poverty level; provided, however, that any family whose income exceeds 130 per cent of the federal poverty level while the family is receiving assistance funded by this item shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the 130 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow some or all of the portion of their income which exceeds 130 per cent of the federal poverty level; provided further, that any such escrowed funds shall be exempt from otherwise applicable asset limits; provided further that the family shall be allowed to withdraw the amount placed in escrow upon transition to permanent housing or losing eligibility for shelter services; provided further, that benefits under this item shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing under color of law in the United States; provided further, that the department shall take all steps necessary to enforce regulations to prevent abuse in the emergency assistance program; provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized; provided further, that eligible households shall be placed in shelters as close as possible to their home community unless a household requests otherwise; provided further, that if the closest available placement is not within 20 miles of the household’s home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date unless the household requests otherwise; provided further, that eligibility for shelter by an otherwise eligible family shall not be impaired by prior receipt of any non-shelter benefit; provided further, that the department shall make every effort to insure that children receiving services from this item shall continue attending school in the community in which they lived prior to receiving services funded from this item; provided further, that notwithstanding any other general or special law to the contrary, the department shall immediately provide shelter for up to 30 days to families who appear to be eligible for such shelter based on statements provided by the family and any other information in the possession of the department but who need additional time to obtain any third-party verifications reasonably required by the department; provided further, that shelter benefits received under the preceding proviso shall not render a family ineligible under any regulation providing that a family who previously received shelter is ineligible for shelter benefits for a period of 12 months; provided further, that families receiving such shelter benefits who are found not to be eligible for continuing shelter benefits shall be eligible for aid pending a timely appeal pursuant to section 16 of chapter 18 of the General Laws; provided further, that the department shall not impose unreasonable requirements for third-party verification and shall accept verifications from the family whenever reasonable; provided further, that in promulgating, amending or rescinding regulations with respect to eligibility or benefits under this program, the department shall take into account the amounts available to it for expenditure in this item so as not to exceed the amount appropriated in this item; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that all of this item shall be subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item; provided further, that nothing in the preceding proviso shall authorize the department to alter eligibility criteria or benefit levels; provided further, that the department shall report quarterly to the house and senate committees on ways and means on the unduplicated count of families who apply for emergency assistance funded family shelter during the fiscal year; provided further, that the report shall include the total number of applications received, the number of families approved for shelter, the number of families denied shelter along with reasons for denials, the number of families who are approved for shelter benefits within 12 months of an initial denial, the home community of families receiving shelter, the number of families receiving shelter within each home community, the number of available shelter slots within each home community, the income level of families receiving shelter, the number of families receiving shelter who had previously accessed state-funded programs to reduce homelessness and the programs that had been accessed, the composition of families receiving shelter, the reason that the household is seeking emergency family shelter, the reasons that families exit shelters, including reasons for voluntary departure and termination, exiting families’ housing plans, including type of housing arrangements, subsidy status, monthly rent, and gross monthly income, and any other information that the department determines to be necessary in evaluating the operation of the emergency assistance family shelters program; provided further, that the report shall also include information, by type of shelter, on average length of stay, average cost per household served, average number of shelter slots not used either as the result of no placement being made or of a placed family not making use of shelter, and an analysis of this information, including an analysis of causes relating to any significant differences in the data for each type of shelter; provided further, that the report shall also include a status report on the outcomes of department-funded homelessness prevention initiatives or pilot programs, providing information on the nature and total cost of each such initiative, the number of families served by each such initiative, the average cost per family of each such initiative, the affordability and stability of housing or alternative shelter placements for prevention program recipients, including type of housing arrangement, subsidy status, monthly rent, and gross monthly income, and any other information that the department determines to be necessary in evaluating the operation of state-funded homeless prevention programs; provided further, that no funds may be expended for costs related to the homeless management information system; and provided further, that not less than $179,381 shall be obligated for capital projects and related facility upgrades at the Crossroads Family Shelter in East Boston........................................................................................................................................................ $73,650,000

 

4405-2000        For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further, that the department, in collaboration with the executive office of health and human services, may fund an optional supplemental living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified under chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and the office; provided further, that the optional category of payments shall only be administered in conjunction with the Medicaid group adult foster care benefit; provided further, that reimbursements to providers for services rendered in prior fiscal years may be expended from this item; and provided further, that the department shall expend not less than $1,000,000 for rate increases to rest homes in coordination with the division of health care finance and policy...................................................................................................................................................... $210,887,077

 

4406-3000        For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to the homeless and indigent; provided further, that no organization providing services to the homeless shall receive less than an average per bed/per night rate of $12.92; provided further, that the department may allocate funds to other agencies for the purposes of this program; provided further, that organizations which received funding in fiscal year 2006 shall receive at least the same amount in fiscal year 2007; provided further, that no funds may be expended for costs associated with the homeless management information system; and provided further, that funds appropriated to this item from item 1599-6901 shall be calculated and distributed separately from any additional rate increase provided........................................................................................................................................................ $35,319,061

 

4406-3010        For the Home and Healthy for Good pilot program operated by the Massachusetts Housing and Shelter Alliance for the purpose of reducing the incidence of chronic homelessness in the commonwealth; provided, that the Massachusetts Housing and Shelter Alliance shall be solely responsible for the administration of this program; provided further, that the Massachusetts Housing and Shelter Alliance shall file a report with the clerks of the house and senate, and the chairpersons of the house and senate committees on ways and means no later than March 1, 2007, detailing the implementation of this program; and provided further, that the report shall include information on the number of people served, the average cost per participant, the demographics of those served, whether participants have previously received government services and any projected cost-savings in other state-funded programs      $600,000 

 

4408-1000        For a program of cash assistance to certain residents of the commonwealth, entitled emergency aid to the elderly, disabled and children found by the department to be eligible for such aid under chapter 117A of the General Laws and regulations promulgated by the department and subject to the limitations of appropriation therefore; provided, that benefits under this item shall only be provided to residents who are citizens of the United States or qualified aliens or non-citizens otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year 1991; provided further, that the department may provide benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a medically determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual’s capacity to support himself and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under chapter 118 and under the separate program; provided further, that no ex-offender, person over age 45 without a prior work history or person in a residential treatment facility shall be eligible for benefits under this program unless the person otherwise meets the eligibility criteria described in this item and defined by regulations of the department; provided further, that no person incarcerated in a correctional institution shall be eligible for benefits under the program; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall adopt emergency regulations under chapter 30A of the General Laws to implement the changes to this program required by this item promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted in this item at the payment standard in effect for the former general relief program in fiscal year 1991; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the amount appropriated in this item; provided further, that the department may promulgate emergency regulations under chapter 30A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing in this item shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that reimbursements collected from the Social Security Administration on behalf of former clients of the emergency aid to the elderly, disabled and children program or unprocessed payments from the program that are returned to the department shall be credited to the General Fund; provided further, that notwithstanding any general or special law to the contrary, the funds made available in this item shall be the only funds available for the program, and the department shall not spend funds for the program in excess of the amount made available in this item; and provided further, that, notwithstanding any general or special law this item to the contrary, 60 days before implementing any eligibility or benefit changes, the commissioner shall file with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the proposed changes $65,404,156

 

OFFICE OF HEALTH SERVICES.

Department of Public Health.

 

4510-0099        The department may expend not more than $6,000,000 in revenues collected from licensing, inspections and records for costs associated with the administration of the department............................................ $6,000,000

 

4510-0100        For the operation of the department, the determination of need program, established under section 25C of chapter 111 of the General Laws, the health statistics program, including the operation of a cancer registry and occupational lung disease registry, and the continuation of the cardiac surgery data collection and validation program to collect and validate data from all hospitals in the commonwealth that perform open heart surgery; provided, that the position of assistant commissioner shall not be subject to chapter 31 of the General Laws; and provided further, that no state or federal funding shall be used for classroom based abstinence-only programming........ $17,051,539

 

4510-0106        For the end of life care commission, established by section 480 of chapter 159 of the acts of 2000; provided, that not more than $100,000 shall be expended from revenues associated with grant and development activities       $100,000

 

4510-0110        For community health center services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that not less than $200,000 shall be expended for the Cape Cod Free Clinic; provided further, that not less than $150,000 shall be expended for the Duffy Health Center; provided further, that $300,000 shall be expended for medical respite services provided by the Boston health care for the homeless program established pursuant to section 24J of chapter 111 of the General Laws; and provided further, that the department shall submit a tentative allocation schedule of the community health center grants to the house and senate committees on ways and means not later than February 1, 2007............................. $4,857,956

 

4510-0150        For the managed care program at community health centers known as CenterCare; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that that $225,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act, 42 U.S.C. section 254c(f)(1); and provided further, that the department shall assist professional and nonprofit agencies dedicated to the advancement of the scope and nature of health care services delivered in communities by community health centers and to pursue available federal technical assistance funding $2,654,974

 

4510-0600        For an environmental and community health hazards program, including control of radiation and nuclear hazards, consumer products protection, food and drugs, lead poisoning prevention in accordance with chapter 482 of the acts of 1993, lead-based paint inspections in day care facilities, inspection of radiological facilities, licensing of x-ray technologists and the administration of the division of environmental epidemiology and toxicology for the purposes of chapter 470 of the acts of 1983, the “Right-to-Know” law; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of 100 per cent of the amounts so expended; provided further, that $100,000 shall be expended for a renal disease program administered by the National Kidney Foundation of Massachusetts, Rhode Island and Vermont for nutritional supplements and early intervention services for those affected by renal disease and those at risk of renal disease; provided further, that not less than $100,000 shall be expended for the purposes of research and prevention activities associated with Lyme Disease to be conducted by the Barnstable county department of health and the environment; provided further, that not less than $14,800 shall be allocated to the Franklin Regional Council of Governments for costs associated with the regional public health program; provided further, that not less than $81,000 shall be expended for the maintenance of a statewide lupus database; provided further, that $150,000 shall be expended for the ALS registry created by section 26 of chapter 140 of the acts of 2003; provided further, that $195,000 shall be expended for the purpose of the director of the bureau of environmental health assessment of the department of public health to continue an environmental risk assessment of the health impacts of the General Lawrence Logan Airport in the East Boston section of the city of Boston on any community that is located within a 5 mile radius of the airport and is potentially impacted by the airport; provided further, that the assessment may include, but not be limited to, examining incidences of respiratory diseases and cancers and performing medical and laboratory tests and examinations of residents of these communities; provided further, that the bureau shall report its findings, together with any recommended response actions by the commonwealth, to the house and senate committees on ways and means not later than February 1, 2007; and provided further, that no funds appropriated in this item shall be expended for the purpose of siting or locating a low-level radio-active waste facility in the commonwealth................................................................................................................... $3,509,106

 

4510-0615        The department may expend not more than $150,000 from assessments collected under section 5K of chapter 111 of the General Laws for services provided to monitor, survey and inspect nuclear power reactors; provided, that the department may expend not more than $1,374,195 from fees collected from licensing and inspecting users of radioactive material within the commonwealth under licenses presently issued by the Nuclear Regulatory Commission; provided further, that the revenues may be used for the costs of both programs, including the compensation of employees; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.................................................................................... $1,524,195

 

4510-0616        The department may not expend more than $551,110 for a drug registration and monitoring program from revenues collected from fees charged to registered practitioners, including physicians, dentists, veterinarians, podiatrists and optometrists, for controlled substance registration; provided, that funds may be expended from this item for the costs of personnel; and provided further, that, for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system................................................................................................................... $551,110

 

4510-0710        For the operation of the division of health care quality and the office of patient protection; provided, that the division shall be responsible for assuring the quality of patient care provided by the commonwealth