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 ....................................................................................... $7,538,951
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, 2008 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 and (g) the average number of hours spent per attorney or staff per type of case $17,916,411
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 $2,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2008 .................................................... $119,763,305
0321-1513 For the expansion of the public defender division pursuant to chapter 54 of the acts of 2005; provided, that the committee shall submit a report to the house and senate committees on ways and means not later than January 31, 2008 on the progress of said expansion; provided further, said report shall include the following: (1) the number of offices that have been opened, (2) the number of staff hired to work in the district offices; and (3) the estimated savings the commonwealth has realized from having said cases assigned to public defenders as opposed to being assigned to private bar advocates; and provided further, that no funds from this appropriation shall support existing costs associated with line item 0321-1500.......................................... $8,846,605
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 $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2008 .................................................................................. $8,456,513
0321-1600 For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that notwithstanding section 9 of chapter 221A of the General Laws, $1,204,604 shall be expended for the disability benefits project, $544,286 shall be expended for the Medicare Advocacy Project, and $2,490,993 shall be expended for the Battered Women’s Legal Assistance Project; provided further, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 30, 2008 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 ....................................................... $10,616,684
Trial Court.
0330-0101 For the salaries of the justices of the superior court department of the trial court $10,670,677
0330-0102 For the salaries of the justices of the district court department of the trial court $20,048,415
0330-0103 For the salaries of the justices of the probate and family court department of the trial court ................................................................................................................... $6,464,067
0330-0104 For the salaries of the justices of the land court department of the trial court ........ $760,943
0330-0105 For the salaries of the justices of the Boston municipal court............................ $3,743,635
0330-0106 For the salaries of the justices of the housing court department of the trial court $1,277,548
0330-0107 For the salaries of the justices of the juvenile court department of the trial court . $5,177,161
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, rental of county court 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 October 1, 2008; provided further, that funds from this item or any other item shall not be expended for the cost associated with the district court of eastern Hampshire, unless said division is located in the town of Belchertown as of said date; provided further, notwithstanding any general or special law to the contrary, all criminal and civil business within the eastern Hampshire district court jurisdiction shall be conducted in the town of Belchertown as of said date; provided further, that the chief justice shall submit a report to the house and senate committees on ways and means not later than September 1, 2007 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 changing lives through literature program; provided further, that not less than $100,000 shall be expended from this item for a contract with Massachusetts General Hospital for a research program on abused children; provided further, that the 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, 2008................................................................................................................ $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
0330-0318 For the Boston municipal court to fund treatment coordinators and support services for intensive probation, supervision and treatment initiatives to treat nonviolent, substance-abusing offenders...................................................................................................................... $200,000
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......................................................... $967,326
0330-0441 For permanency mediation services in the probate and juvenile courts ................. $540,000
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, 2008, detailing the number of court officers and security personnel located in each trial court of the commonwealth.............................. $59,614,924
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 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 said schedule detailing the full allotment of said $20,000,000 shall be submitted to the House and Senate Committees on Ways and Means no later than February 1, 2008; provided further, that the only revenue available for expenditure in this item for fiscal year 2008 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 of said $20,000,000, $4,000,000 may be transferred to line item 0330-3200 for the operation of the court security program; 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 further, that said schedule detailing the full allotment of said $20,000,000 shall be submitted to the House and Senate Committees on Ways and Means no later than February 1, 2008; 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
0330-3337 For additional expenses associated with the operation of the trial court; provided, that these funds may be transferred to all line items of the trial court department by the chief justice of administration and management; and 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 .................................... $19,007,323
Superior Court Department.
0331-0100 For the administrative office of the superior court department ............................ $6,248,393
0331-0300 For medical malpractice tribunals established in accordance with the provisions of section 60B of chapter 231 of the General Laws ........................................................................ $59,323
0331-2100 For the Barnstable superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ...................................................................................................................... $716,338
0331-2200 For the Berkshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping $201,536
0331-2300 For the Bristol superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping $858,760
0331-2400 For the Dukes superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping $160,515
0331-2500 For the Essex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $1,447,990
0331-2600 For the Franklin superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping $299,747
0331-2700 For the Hampden superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $1,288,286
0331-2800 For the Hampshire superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ...................................................................................................................... $310,264
0331-2900 For the Middlesex superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $3,232,440
0331-3000 For the Nantucket superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping $135,265
0331-3100 For the Norfolk superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $1,186,622
0331-3200 For the Plymouth superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $1,087,829
0331-3300 For the Suffolk superior civil court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $2,974,243
0331-3400 For the Suffolk superior criminal court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $1,940,875
0331-3404 For an education and community outreach pilot program to be administered in the Suffolk superior court............................................................................................................... $178,902
0331-3500 For the Worcester superior court; provided, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping ................................................................................................................... $1,070,743
District Court Department.
0332-0100 For the administrative office of the district court department, including a civil conciliation program ...................................................................................................................... $858,068
0332-1100 For the first district court of Barnstable ............................................................. $536,692
0332-1200 For the second district court of Barnstable at Orleans ........................................ $385,694
0332-1203 For the third district court of Barnstable at Falmouth .......................................... $385,344
0332-1300 For the district court of northern Berkshire at Adams, North Adams and Williamstown $272,317
0332-1400 For the district court of central Berkshire at Pittsfield ......................................... $419,655
0332-1500 For the district court of southern Berkshire at Great Barrington and Lee ............... $232,106
0332-1600 For the first district court of Bristol at Taunton ................................................... $706,373
0332-1700 For the second district court of Bristol at Fall River ............................................ $876,214
0332-1800 For the third district court of Bristol at New Bedford ............................................ $946,315
0332-1900 For the fourth district court of Bristol at Attleboro ............................................... $583,774
0332-2000 For the district court of Edgartown .................................................................... $169,016
0332-2100 For the first district court of Essex at Salem ...................................................... $698,915
0332-2300 For the third district court of Essex at Ipswich ................................................... $197,955
0332-2400 For the central district court of northern Essex at Haverhill .................................. $594,818
0332-2500 For the district court of eastern Essex at Gloucester .......................................... $298,508
0332-2600 For the district court of Lawrence ................................................................... $1,095,147
0332-2700 For the district court of southern Essex at Lynn ................................................. $806,500
0332-2800 For the district court of Newburyport ................................................................. $491,593
0332-2900 For the district court of Peabody ...................................................................... $502,084
0332-3000 For the district court of Greenfield ..................................................................... $341,966
0332-3100 For the district court of Orange ......................................................................... $281,048
0332-3200 For the district court of Chicopee ...................................................................... $418,616
0332-3300 For the district court of Holyoke ....................................................................... $438,297
0332-3400 For the district court of eastern Hampden at Palmer ........................................... $301,552
0332-3500 For the district court of Springfield ................................................................. $1,706,366
0332-3600 For the district court of western Hampden at Westfield ....................................... $287,861
0332-3700 For the district court of Hampshire at Northampton ............................................ $619,005
0332-3800 For the district court of eastern Hampshire at Belchertown ................................. $165,631
0332-3900 For the district court of Lowell ....................................................................... $1,205,584
0332-4000 For the district court of Somerville .................................................................. $1,129,155
0332-4100 For the district court of Newton ........................................................................ $366,447
0332-4200 For the district court of Marlborough ................................................................. $296,888
0332-4300 For the district court of Natick .......................................................................... $418,616
0332-4400 For the first district court of eastern Middlesex at Malden ................................... $574,505
0332-4500 For the second district court of eastern Middlesex at Waltham ........................... $487,954
0332-4600 For the third district court of eastern Middlesex at Cambridge .......................... $1,223,279
0332-4700 For the fourth district court of eastern Middlesex at Woburn ................................ $675,132
0332-4800 For the first district court of northern Middlesex at Ayer ...................................... $368,553
0332-4900 For the first district court of southern Middlesex at Framingham .......................... $774,063
0332-5000 For the district court of central Middlesex at Concord ......................................... $389,025
0332-5100 For the district court of Nantucket .................................................................... $120,335
0332-5200 For the district court of northern Norfolk at Dedham ............................................ $554,723
0332-5300 For the district court of East Norfolk at Quincy ................................................ $1,565,700
0332-5400 For the district court of western Norfolk at Wrentham ......................................... $466,815
0332-5500 For the district court of southern Norfolk at Stoughton ........................................ $604,626
0332-5600 For the municipal court of Brookline .................................................................. $345,274
0332-5700 For the district court of Brockton ................................................................... $1,113,955
0332-5800 For the second district court of Plymouth at Hingham ........................................ $636,849
0332-5900 For the third district court of Plymouth at Plymouth ........................................... $790,980
0332-6000 For the fourth district court of Plymouth at Wareham ......................................... $666,744
0332-6300 For the district court of Chelsea; provided, that notwithstanding the provisions of any general or special law to the contrary, said district court shall be the permanent location for the northern trial session to handle six person jury cases; provided further, that all personnel within said district court whose duties relate to said northern trial session shall report to the clerk magistrate of said district court; and provided further, that the clerk magistrate shall utilize whatever space within the facility-at-large he deems necessary to comply with S.J.C. Rule 3:12, Canon 3(A)6 ........ $831,083
0332-6900 For the central district court of Worcester ....................................................... $1,534,374
0332-7000 For the district court of Fitchburg ...................................................................... $502,366
0332-7100 For the district court of Leominster ................................................................... $395,211
0332-7200 For the district court of Winchendon ................................................................. $137,821
0332-7300 For the first district court of northern Worcester at Gardner ................................. $351,555
0332-7400 For the first district court of eastern Worcester at Westborough .......................... $399,279
0332-7500 For the second district court of eastern Worcester at Clinton .............................. $275,209
0332-7600 For the district court of southern Worcester at Dudley ........................................ $475,146
0332-7700 For the second district court of southern Worcester at Uxbridge .......................... $316,362
0332-7800 For the third district court of southern Worcester at Milford ................................. $302,513
0332-7900 For the district court of western Worcester at East Brookfield ............................. $316,156
Probate and Family Court Department.
0333-0002 For the administrative office of the probate and family court department ............. $1,307,828
0333-0100 For the Barnstable probate court ...................................................................... $981,581
0333-0150 For the operation of a child and parents program in the Barnstable probate court .... $79,495
0333-0200 For the Berkshire probate court ........................................................................ $515,505
0333-0300 For the Bristol probate court .......................................................................... $1,619,752
0333-0400 For the Dukes probate court ............................................................................ $122,327
0333-0500 For the Essex probate court .......................................................................... $1,305,319
0333-0600 For the Franklin probate court .......................................................................... $519,668
0333-0700 For the Hampden probate court .................................................................... $2,607,285
0333-0711 For the operation of the Berkshire, Franklin, Hampden and Hampshire family court clinic to be administratively located in the city of Springfield and to serve the Berkshire, Franklin, Hampden and Hampshire divisions of the probate court ............................................................. $39,748
0333-0800 For the Hampshire probate court ...................................................................... $645,228
0333-0900 For the Middlesex probate court .................................................................... $3,377,715
0333-0911 For the Middlesex probate court family services clinic ........................................ $193,762
0333-0913 For the Middlesex community access program of community outreach and education; provided, 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.......................................................................... $191,719
0333-1000 For the Nantucket probate court ....................................................................... $175,577
0333-1100 For the Norfolk probate court ......................................................................... $1,515,401
0333-1111 For the Norfolk probate court family services clinic ............................................. $139,772
0333-1200 For the Plymouth probate court ..................................................................... $1,359,173
0333-1300 For the Suffolk probate court ......................................................................... $2,240,115
0333-1313 For the Suffolk probate community access program of community outreach and education; provided, that said program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that said program shall be administered by the register of probate of Suffolk county ............................................................ $250,000
0333-1400 For the Worcester probate court .................................................................... $1,682,350
0333-1411 For the Worcester probate court family services clinic ........................................ $189,362
Land Court Department.
0334-0001 For the operation of the land court ................................................................. $2,386,331
Boston Municipal Court Department.
0335-0001 For the central division of the Boston municipal court department including the administrative costs of said court department ............................................................................... $3,185,464
0335-0100 For the Brighton division of the Boston municipal court department ...................... $326,154
0335-0200 For the Charlestown division of the Boston municipal court department ................ $232,655
0335-0300 For the Dorchester division of the Boston municipal court department ............... $1,149,514
0335-0400 For the East Boston division of the Boston municipal court department ................ $582,745
0335-0500 For the Roxbury division of the Boston municipal court department ................... $1,116,770
0335-0600 For the South Boston division of the Boston municipal court department .............. $407,439
0335-0700 For the West Roxbury division of the Boston municipal court department ............. $733,061
Housing Court Department.
0336-0002 For the administrative office of the housing court department ............................... $103,132
0336-0100 For the Boston housing court ........................................................................... $932,876
0336-0200 For the western division of the housing court ..................................................... $691,755
0336-0300 For the Worcester county housing court ........................................................... $694,614
0336-0400 For the southeastern division of the housing court ........................................... $1,214,514
0336-0500 For the northeastern division of the housing court ............................................... $650,698
Juvenile Court Department.
0337-0002 For the administrative office of the juvenile court department ............................... $895,237
0337-0100 For the Suffolk county juvenile courts ............................................................. $1,250,224
0337-0200 For the Bristol juvenile court .......................................................................... $1,248,840
0337-0300 For the Hampden county juvenile courts.......................................................... $1,297,623
0337-0400 For the Worcester county juvenile courts......................................................... $1,083,597
0337-0500 For the Barnstable county juvenile court, including the Barnstable county juvenile court located in the town of Plymouth ...................................................................................... $737,608
0337-0600 For the Essex county juvenile courts.............................................................. $1,055,220
0337-0700 For the Hampshire and Franklin counties juvenile courts...................................... $686,132
0337-0800 For the Plymouth county juvenile courts............................................................. $790,686
0337-0900 For the Berkshire county juvenile courts............................................................. $499,471
0337-1000 For the Middlesex county juvenile courts ........................................................ $1,104,188
0337-1100 For the Norfolk county juvenile courts ............................................................... $916,996
Office of the Commissioner of Probation.
0339-1001 For the office of the commissioner of probation; provided, that notwithstanding the any general or special law, rule or regulation to the contrary, the commissioner, subject to appropriation, shall have exclusive authority to appoint, dismiss, assign and discipline probation officers, associate probation officers, probation officers-in-charge, assistant chief probation officers and chief probation officers; provided further, that the associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service subject to collective bargaining agreements to perform intensive, community-based supervision of probationers, including the provisions of intensive supervision and community restraint services as described in item 0339-1004; provided further, that no funds shall be expended from this line item to cover the costs of building leases; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to utilize the departments wage reporting and bank match system for the purpose of weekly tape-matching, so-called, for the purposes of determining an individual’s eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports to the house and senate committees on ways and means detailing the progress of eligibility verification with the department; and provided further, that the report shall include, but not be limited to, the number of individuals to be found misrepresenting assets, revenue generated through collection of indigent client fees, the average indigent client fee that each court division collects per case since the effective date of this act, recommendations on improvements in verifying eligibility for counsel and other pertinent information to ascertain the effectiveness of verification ........... $129,049,842
0339-1003 For the operation of the trial court office of community corrections, including the costs of personnel; provided, that not less than $170,000 shall be expended for relocation expenses of the Middlesex Community Corrections Center; and provided further, that no funds shall be expended from this line item to cover the costs of building leases........................................................ $5,862,043
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 2008; 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, 2008; 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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; 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 ..................................................................... $15,755,297
0340-0101 For the overtime costs of state police officers assigned to the Suffolk district attorney’s office........................................................................................................................... $384,537
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008 provided, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 summarizing the number and types of criminal cases managed or prosecuted by said office in calendar year 2007 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, 2008 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 $37,500; 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..................................................................... $12,335,911
0340-0201 For the overtime costs of state police officers assigned to the Middlesex district attorney’s office ...................................................................................................................... $532,558
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; 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; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 detailing the total number and use of private attorneys participating in any volunteer prosecutor program; and 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....................................................................................................... $8,518,790
0340-0301 For the overtime costs of state police officers assigned to the Eastern district attorney’s office...................................................................................................................... $497,389
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 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 $37,500; 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 ................................................................................................ $8,442,877
0340-0401 For the overtime costs of state police officers assigned to the Worcester district attorney’s office ...................................................................................................................... $437,707
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 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 $37,500; 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 ................................................................................................. $8,104,733
0340-0501 For the overtime costs of state police officers assigned to the Hampden district attorney’s office ...................................................................................................................... $358,881
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in said fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 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 $37,500; 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 ....................................................................... $4,811,560
0340-0601 For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney’s office.............................................................................................................. $251,615
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 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 $37,500; 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 ................................................................................................. $8,236,387
0340-0701 For the overtime costs of state police officers assigned to the Norfolk district attorney’s office ...................................................................................................................... $463,770
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 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 $37,500; 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 ................................................................................................................... $6,695,962
0340-0801 For the overtime costs of state police officers assigned to the Plymouth district attorney’s office...................................................................................................................... $378,832
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; 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 ....................................................................................................... $6,829,913
0340-0901 For the overtime costs of state police officers assigned to the Bristol district attorney’s office ...................................................................................................................... $354,165
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 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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; 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 ..................................... $3,534,160
0340-1001 For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office.............................................................................................................. $302,521
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, 2008 summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2007 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, 2008 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 2005, 2006 and 2007; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2008; provided further, that the office shall submit a report to the house and senate committees on ways and means not later than February 1, 2008 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 $37,500; 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 ................................................................................................. $3,383,528
0340-1101 For the overtime costs of state police officers assigned to the Berkshire district attorney’s office ...................................................................................................................... $140,984
General Fund........................................................... 11.80%
Highway Fund.......................................................... 88.20%
DISTRICT ATTORNEYS’ ASSOCIATION.
0340-2100 For the operation of the Massachusetts District Attorneys’ Association, including the implementation and related expenses of the district attorneys’ office automation and case management and tracking system; provided, that expenses associated with the system may be charged directly to this item; provided further, that the 11 district attorneys of the commonwealth may contribute a portion of their fiscal year 2008 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 the department shall work in conjunction with the disabled persons protection commission and the eleven district attorneys offices to prepare a report that shall include, but not be limited to, the following: (1) the number of abuse cases that are referred to each said district attorney’s office for further investigation; (2) the number of said referrals resulting in the filing of criminal charges, delineated by type of charge; (3) the number of cases referred to each said district attorneys office that remain open as of the date for submission of said report; and (4) the number of cases resulting a criminal prosecution, and the disposition of each such prosecution; provided further, that said report shall be submitted to the house and senate committees on ways and mean on or before March 15, 2008; 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, 2008; 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 2008 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, 2008 detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2007, and the amount of each source of revenue $1,935,056
0340-8908 For the costs associated with maintaining the association’s wide area network . $1,342,463
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 diseases 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 2008..................................................................... $5,564,771
0411-1001 For the operation of the development coordinating council.................................... $246,720
0411-1002 For a contract with the Massachusetts Service Alliance to operate the commonwealth corps program....................................................................................................... $3,000,000
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, 2008 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, 2008................................................................................................................... $7,040,894
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.................................................... $550,353
0511-0230 For the operation of the records center............................................................... $156,738
0511-0250 For the operation of the archives facility............................................................. $477,003
0511-0260 For the operation of the commonwealth museum................................................ $198,071
0511-0270 The Secretary of State shall contract with the UMass Donahue Institute for not less than $800,000 to provide the Commonwealth with technical assistance on US Census Data and prepare annual population estimates........................................................................................ $800,000
0511-0420 For the operation of the address confidentiality program...................................... $113,269
0517-0000 For the printing of public documents.................................................................. $908,733
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, 2008 detailing the amount appropriated for the purposes of providing reimbursements for the costs of extended polling hours from this item to each city or town ................................................................................................................... $3,676,647
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, 2008....................................................... $4,865,473
0524-0000 For providing information to voters...................................................................... $583,744
0526-0100 For the operation of the Massachusetts Historical Commission ........................ $1,020,948
0527-0100 For the operation of the ballot law commission..................................................... $12,380
0528-0100 For the operation of the records conservation board.............................................. $39,459
0540-0900 For the registry of deeds located in Lawrence in the former county of Essex....... $1,289,092
0540-1000 For the registry of deeds located in Salem in the former county of Essex........... $3,923,651
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................................ $2,202,485
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...... $1,412,945
0540-1500 For the registry of deeds located in Cambridge in the former county of Middlesex $3,631,756
0540-1600 For the registry of deeds located in Adams in the former county of Berkshire........ $319,742
0540-1700 For the registry of deeds located in Pittsfield in the former county of Berkshire...... $563,870
0540-1800 For the registry of deeds located in Great Barrington in the former county of Berkshire $269,234
0540-1900 For the registry of deeds in the former county of Suffolk.................................... $2,312,250
0540-2000 For the registry of deeds located in Fitchburg in the former county of Worcester.... $796,380
0540-2100 For the registry of deeds located in the city of Worcester in the former county of Worcester................................................................................................................... $2,703,416
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, 2008; and provided further, that the treasurer’s office shall pay half of the administrative costs of the municipal finance oversight board from this item........ $7,532,804
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............... $1,909,139
0610-0060 For the costs associated with the investigation and enforcement division of the alcoholic beverages control commission’s implementation of the enhanced liquor enforcement programs, known as Safe Campus, Safe Holidays, Safe Prom, and Safe Summer; provided, that funds from this appropriation shall not support other operating costs of item 0610-0050; provided further, that said commission shall submit a report to the house and senate committees on ways and means not later than March 1, 2008 on the results of said program............................................................... $350,000
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; and provided further, that funds available in fiscal year 2007 shall be available for expenditure until June 30, 2008 ............................................... $5,159,080
0611-1000 For bonus payments to war veterans................................................................... $50,000
0611-1010 For the cost of life insurance premiums for National Guard members pursuant to section 88B of chapter 33 of the General Laws...................................................................... $1,700,000
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......................................... $28,300,000
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................................................ $2,200,000
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, 2007 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, 2007; 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.......... $81,327,711
0640-0001 For the operation of the state lottery commission; provided, that the commission may seek revenue from corporate advertising for non-lottery products on all lottery products; provided further, that payments from corporate advertising shall be deposited into the General Fund; and provided further, that expenditure in this item is limited to an amount not to exceed revenues collected from corporate advertising payments or the amount appropriated herein, whichever is less $3,653,019
0640-0005 For the costs associated with the continued implementation of the game of keno; provided, that any sums expended on promotional activities shall be limited to point of sale promotions and agent newsletters; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ............... $1,293,311
0640-0010 For the promotional activities associated with the state lottery program; provided, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund ............................................................................................. $10,000,000
0640-0013 For the costs of the anti-litter program; provided, that said lottery may continue to develop regional environmental awareness events to limit the number of discarded instant tickets that become litter; provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund .................................. $100,000
0640-0096 For the purpose of the commonwealth’s fiscal year 2008 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 such schoolchildren; provided further, that not more than $1,000,000 of the funds appropriated herein shall be used to assist cultural organizations in augmenting or initiating endowments to promote the financial stability of the organizations and the assistance shall be in the form of challenge grants to the organizations; provided further, that in order to receive a grant a cultural organization shall raise an amount at least equal to the amount of the grant for the organization’s endowment; provided further, that funds provided by the grants shall, in perpetuity, be used solely to provide free or reduced rate public programs or services to citizens of the commonwealth; provided further, that a grant made under this program shall not exceed $100,000; and provided further, that a person employed under this item shall be considered an employee within the meaning of section 1 of chapter 150E of the General Laws and shall be placed in the appropriate bargaining unit; provided further, that not less than $300,000 shall be allocated to increase the Local Cultural Council Grant Program to provide for a minimum grant of $4,000 per municipality; and provided further, that not less than $350,000 shall be expended to establish the Cultural Tourism Initiative under the Massachusetts Cultural Council, which shall provide matching funds for marketing programs created through regional or local partnerships between tourism professional and non-profit cultural organizations through four pilot programs to be created in four different regions of the state......................................................................... $12,268,059
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, 2008, 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, 2008; 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 funds......... $1,762,906,000
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.................. $113,851,000
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, 2008 shall be charged to the various funds or to the General Fund or highway fund debt service reserves............................................................... $16,950,000
0699-9101 For the purpose of depositing with the trustee under the trust agreement authorized in section 10 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............................................................... $53,464,000
Department of Veterans Services.
1410-0010 For the operation of the department of veterans’ services; provided, that the department may fund a housing specialist from this item; and provided further, that the department may expend funds for the Glory 54th Brigade................................................................................... $2,132,102
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; and provided further, that these centers shall also provide services to veterans who were discharged after September 11, 2001, and their families........................................................................................................ $1,663,185
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............................................................................ $2,321,930
1410-0251 For the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Shelter for Homeless Veterans located in the city of Boston......... $2,276,703
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 2008 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................................................................................................................. $18,103,768
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 ......... $15,165,374
1410-0630 For the administration of the veterans’ cemeteries in the towns of Agawam and Winchendon...................................................................................................................... $871,364
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.............................................................................................. $15,736,766
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 .......... $1,852,697
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 line item shall not be less than 50 per cent; and provided further, that the division shall submit a report no later than December 1, 2007 to the house and senate committee ways and means detailing all findings on activities and payments made through the MassHealth system ....................................................................... $655,434
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; and provided further, that not more than $240,000 shall be expended for the operation of a child protection unit $25,855,871
0810-0004 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of chapter 258C of the General Laws, if a claimant is 60 years of age or older at the time of the crime and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with said chapter 258C even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of $50; and provided further, that notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section 5 of chapter 258B of the General Laws .............................................................................................. $2,156,000
0810-0007 For the overtime costs of state police officers assigned to the attorney general; provided, that costs associated with those officers shall not be funded from item 8100-0007; and provided further, that expenditures shall not be made on or after the effective date of this act which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item................................................................................................................ $541,201
Highway Fund ......................................................... 88.20%
General Fund .......................................................... 11.80%
0810-0013 The office of the attorney general may expend for a false claims program an amount not to exceed $450,000 from revenues collected from enforcement of the false claims act; provided, 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...................................................................................................................... $450,000
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................................................................................................................... $2,820,358
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............................................................................................... $3,558,786
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 ............................................................................... $1,394,032
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 $432,026............................................................... $432,026
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, 2008................................................ $596,776
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 5, 2008 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............................................. $1,607,617
OFFICE OF CAMPAIGN AND POLITICAL FINANCE.
0920-0300 For the operation of the office of campaign and political finance ........................ $1,193,985
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 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, 2008 in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of the audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the office of the comptroller shall charge not more than a total of $750,000 to other items of appropriation for the cost of the audit; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be retained and expended from a separate item without further appropriation, in addition to state funds appropriated to this item, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary for administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues and revenues collected; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller shall deduct an amount of $1,000 from any item of appropriation in section 2 of this act in which a reporting requirement is stipulated within said item and which report is not filed within 10 days of the stated due date; provided further, that any and all amounts deducted shall be deposited in the General Fund and the comptroller shall notify the house and senate committees on ways and means of any and all amounts so deducted; provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided further, that 60 days 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 such cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to such cost avoidance projects provided further that the comptroller may establish such procedures in consultation with the budget director and the affected departments as he deems appropriate and necessary to accomplish the purpose of this section and provided further that the comptroller shall report on said projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws ....................... $8,814,316
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, 2007; and 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............................................ $3,826,821
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 $7,648,500 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........................................................................................ $7,648,500
1102-3214 For the state transportation building; provided, that the division may expend revenues collected up to a maximum of $7,600,000 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.... $7,600,000
1102-3231 For the Springfield state office building; provided, that the division may expend not more than $850,000 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...................................................................................................................... $850,000
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.................................................................................................... $6,440,277
1102-3302 For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings.................................................................................. $7,323,626
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
1102-3307 For the state house accessibility; including communications access to public hearings and meetings......................................................................................................... $239,000
Office on Disability.
1107-2400 For the office on disability................................................................................. $714,977
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....................................................................................................... $1,918,247
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................................................................ $3,009,008
1108-5200 For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2008; 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 2008, and any unexpended balance in this item shall revert to the General Fund on June 30, 2008; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that prior year costs incurred by self insured plans shall be funded from this item; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A and for the purposes of section 14 of chapter 32A, the commonwealth’s share of the group insurance premium for state employees who have retired before July 1, 1994 shall be 90 per cent and the commonwealth’s share of the group insurance premium for state employees who have retired on or after July 1, 1994 shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that 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................................................................................................................ $736,866,118
1108-5350 For elderly governmental retired employee premium payments............................. $868,181
1108-5400 For the costs of the retired municipal teachers’ premiums and the audit of such premiums................................................................................................................. $85,266,017
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........................................................................................................ $7,198,368
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............. $512,366
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 $1,420,179
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.............................................................. $1,275,012
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, 2008....................................................................................... $20,000
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................................................................................................................ $116,512,215
General Fund ........................................................... 95.0%
Highway Fund ............................................................ 5.0%
1201-0118 For the operation of the division of local services.............................................. $5,550,301
1201-0130 The department of revenue is hereby authorized to expend for the operation of the department an amount not to exceed $13,340,000 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 as reported in the state accounting system................................................... $13,340,000
1201-0160 For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities, and that those agencies may expend the funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of said funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for the network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority, so-called; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of the authorization or the most recent revenue estimate therefore as reported in the state accounting system for federal incentives and said network in accounts 1201-0161 and 1201-0410 ...................................... $50,482,470
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, 2007 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................................................................................................................. $20,000,000
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, 2008................................................................................................................... $1,784,544
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 $465,406
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................................................... $17,231,475
1233-2006 For reimbursements to cities and towns for additional exemptions from the motor vehicle excise granted pursuant to the seventh paragraph of chapter 60A of the General Laws, as amended by sections 13 to 14 of section 1 of chapter 260 of the acts of 2006....................... $1,468,525
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, 2007 on the number of hearings held at each location .................................................................................... $2,139,987
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
Reserves.
1599-0025 To provide the commonwealth's customers with the convenience of expanded access to internet payment options and to improve revenue collections and cash flow, the secretary of the executive office for administration and finance may expend an amount not to exceed $1,000,000 collected from payments made electronically to subsidize the costs associated with processing those payments; provided, that the secretary, in consultation with the comptroller, may enter into agreements with state agencies to provide for an electronic transaction fee subsidy, which shall be structured to expire after 3 years.................................................................... $1,000,000
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...... $2,533,359
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, and stipends for professional development of early education and care workers or programmatic quality improvements; provided further, that the remainder of the funds appropriated herein shall be used to adjust said rates so as to reduce disparities between said rates, relative to the relevant private market rates, including such disparities as those between the rates paid for the same type of care from items 3000-3050, 3000-4050 and 4060 and those paid from item 3000-4000, those between the rates paid for services for infants and toddlers and those paid for services for other children, and those between the rates paid for services provided by family child care providers and those paid for services provided by other providers; and provided further, that all said adjustments shall be subject to the approval of the board of early education and care.................................... $4,000,000
1599-0049 For contract assistance payments to the Foxborough Industrial Development Finance Authority in accordance with section 8 of chapter 16 of the acts of 1999.............................. $4,935,988
1599-0050 For Route 3 North contract assistance payments........................................... $26,757,093
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 $64,166,198
1599-1970 For a reserve for the Massachusetts turnpike authority for costs incurred in fiscal year 2007 for the operation and maintenance of the central artery/tunnel project pursuant to chapter 235 of the acts of 1998 ......................................................................................................... $25,000,000
1599-3234 For the commonwealth’s south Essex sewerage district debt service assessment.. $94,486
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; $2,500,000
1599-3856 For rent and associated costs at the Massachusetts information technology center in Chelsea ................................................................................................................... $7,186,150
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
1599-6901 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, 2008 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 2008 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 2008 cost of salary adjustments and any other associated employee costs authorized thereunder shall not exceed $12,000,000; 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 2009 shall not exceed the amount appropriated herein; and provided further, that the raises provided through this item shall be in addition to any already agreed to or collectively bargained for pay increases......................................................... $12,000,000
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, 2008, have developed a plan for the spending of all funds for fiscal year 2008, and developed a sound fiscal spending plan for fiscal year 2009; 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, 2008 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, 2008; provided further, that the board shall also provide a projection of all county funds to be collected for fiscal year 2008 and 2009; provided further, that the board shall release all funds from fiscal year 2008 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 ............................................................... $39,569,632
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
Division of Human Resources.
1750-0100 For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth’s human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth’s human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the 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................................................................................. $4,108,531
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.................................... $101,403
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......................................... $76,350
1750-0201 The human resources division may expend not more than $250,000 from revenues collected for implementation of the medical and physical fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; provided further, that the human resources division shall submit a semi-annual report to the house and senate committees on ways and means detailing all expenditures on the program including, but not limited to, the costs of personnel, consultants, administration of the wellness program, establishment of standards and any other related costs of the program; and provided further, that the division shall report to the house and senate committees on ways and means by February 1, 2008 on the projected costs of the program for fiscal year 2008 ............................................................................. $250,000
1750-0300 For the commonwealth’s contributions in fiscal year 2008 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...................................................................... $25,421,036
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 2008 by increasing the final fiscal year 2007 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 2008; provided further, that programs for which prices in fiscal year 2007 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2008 the full price calculated for fiscal year 2007 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 ......................................................................... $2,052,506
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 $150,000 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............. $150,000
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 $600,000 in revenues collected from the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; provided, that the division shall evaluate the use of technology, the internet, and online auctions to enhance the sales of surplus vehicles and submit a report of its findings to the house and senate committees on ways and means, and the house and senate committees on post audit and oversight on or before October 1, 2007; 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 $600,000
1775-1101 For the operation of the affirmative marketing program, housed within the operational services division, for costs associated with the administration of services for minority and women business owners to develop and maintain equitable practices and policies in the public marketplace $298,588
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, 2008 with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2008; 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 $4,870,696
1790-0300 The information technology division may expend not more than $479,350 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.................................................................................... $479,350
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Office of the Secretary.
2000-0100 For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control chapter program, and a central data processing center for the secretariat; provided, that the secretary of environmental affairs may enter into interagency agreements with any line agency within the secretariat, whereby the line agency may render data processing services to said secretary; provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that said secretary shall file a plan with the house and senate committees on ways and means 20 days before entering into any interdepartmental service agreements with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that the secretary shall file a plan with the house and senate committees on ways and means and to the joint committee on environment, natural resources and agriculture 90 days prior to the initiation of any proposal or plan that would consolidate any function with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that the plan shall include, but not be limited to the following: (1) an identification of the employees that would be affected by consolidation and the item of appropriation that they are paid from, (2) the savings or efficiencies to be realized, (3) the improvements to the services expected, and (4) the source and amount of funding necessary to accomplish the consolidation; and provided further, that the secretary shall provide a 90 day notice prior to the implementation of any memorandum of understanding, interagency service agreements, or other contacts, or agreements that would enable such consolidation of services to take................................... $6,233,412
2000-9900 For the office of geographic and environmental information established in section 4B of chapter 21A of the General Laws......................................................................................... $290,874
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, that funds may be expended for a recycling industry reimbursement program pursuant to section 241 of chapter 43 of the acts of 1997..................... $2,045,456
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 .............................................................................................................. $500,000
2020-0100 For toxics use reduction technical assistance and technology in accordance with chapter 21I of the General Laws............................................................................................... $1,408,595
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.......................................................................................................... $10,651,950
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; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws.............................................................................................. $33,786,730
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, 2008 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, 2008 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 ............ $982,731
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............... $1,043,719
2220-2221 For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act....................................................................... $2,068,042
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................................................................ $1,628,664
2260-8870 For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 4 of chapter 21J of the General Laws.......................... $16,116,601
2260-8872 For the brownfields site audit program............................................................. $1,847,248
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......................... $377,680
Department of Fish and Game.
2300-0100 For the office of the commissioner; provided, that any employee paid from this item as of March 1, 2007, shall not be paid from any other item of appropriation in fiscal year 2008; provided further, that the department of fish and game shall provide the house and senate committees on ways and means with a 30 day notice before any inter subsidiary transfers; provided further, that there shall be no interagency service agreements associated with funds from this item; provided further, that the department shall file a report with the house and senate committees on ways and means not later than September 1, 2007 that details the level of assessments to each department under the control of the office of the commissioner in fiscal years 2006 and 2007............................ $500,001
2300-0101 For a program of riverways protection, restoration and promotion of public access to rivers, including grants to public and nonpublic entities; provided, that the positions funded in this item shall not be subject to chapter 31 of the General Laws.......................................................... $577,541
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 2007 for such research; and provided further, that funds may be expended to supplement the natural heritage and endangered species program....................................................................................................... $9,660,000
Inland Fisheries and Game Fund................................ 100.0%
2310-0306 For the hunter safety training program................................................................ $472,459
Inland Fisheries and Game Fund .............................. 100.0%
2310-0316 For the purpose of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections 2A and 2C of chapter 131 of the General Laws; provided, that funds shall not be expended from this item in the AA object class for the compensation of state employees assigned to any item................................................................................................................... $2,000,000
Inland Fisheries and Game Fund .............................. 100.0%
2310-0317 For the waterfowl management program pursuant to section 11 of chapter 131 of the General Laws........................................................................................................................ $85,000
Inland Fisheries and Game Fund .............................. 100.0%
2320-0100 For the administration of the public access board, including the maintenance, operation, and improvements of public access land and water areas; provided, that positions funded in this item shall not be subject to chapter 31 of the General Law.......................................... $630,258
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................................................................................................. $3,971,365
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 ............................. $571,421
2330-0121 For the division of marine fisheries to utilize reimbursable federal sportfish restoration funds to further develop marine recreational fishing and related programs, including the costs of activities that increase public access for marine recreational fishing, support research on artificial reefs, and otherwise provide for the development of marine recreational fishing; provided, that the division of marine fisheries may expend revenues up to $217,989 collected from federal sportfish restoration funds and from the sale of materials which promote marine recreational fishing ..... $217,989
Department of Agricultural Resources.
2511-0100 For the operation of the department of agricultural resources, including the office of the commissioner, the expenses of the board of agriculture, the division of dairy services, and the division of regulatory services and animal health, including a program of laboratory services at the University of Massachusetts at Amherst, the expenses of the pesticides board, and the division of agricultural development and fairs................................................................... $4,583,183
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; and provided further, that the department is authorized to assess an administrative charge not to exceed 2 per cent of the total appropriation herein..................... $10,000,000
2511-2000 For the Agricultural Innovation Center; provided that the Agricultural Innovation Center shall be established in consultation with the Center for Agriculture at the University of Massachusetts Amherst; provided further, that the Agricultural Innovation Center shall provide a broad range of technical and business development services to the commonwealth’s agricultural producers that may add value to the producers products and services; provided further, that the Agricultural Innovation Center shall develop an outreach program to identify and foster new, innovative ideas and approaches to adding value to the commonwealth’s agricultural economy; provided further, that the Agricultural Innovation Center shall solicit requests from the commonwealth’s agricultural industry for funding and technical assistance in training, marketing, distribution, applied research, agri-tourism, aquaculture, forestry, processing, fiber and agricultural resource management; and provided, further, that the food industry must provide at least a 100 per cent match.......................................................................................................... $1,500,000
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 said department of conservation and recreation for costs incurred by said department including, but not limited to vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division performing construction activities for the department of conservation and recreation shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the department is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of said department; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments not later than February 14, 2008; provided further, that notwithstanding the provisions of any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; provided further, that no funds shall be expended from this item for personnel overtime costs; provided further, that any employee paid from this item as of August 1, 2004, that was included in the report required from said item in chapter 149 of the acts of 2004, and any employees assigned to that item after August 1, 2004, shall not be paid from any other item of appropriation; provided further, that the department of conservation and recreation shall provide the house and senate committees on ways and means with a 30 day notice before any inter subsidiary transfers or interagency service agreements and the reason for said transfer; provided further, that the amount transferred pursuant to interagency service agreements shall not increase from fiscal year 2007; provided further, that the department of conservation and recreation shall file a report with the house and senate committees on ways and means not later than December 15, 2007 detailing the merger of the former metropolitan district commission with the former department of environmental management into the department of conservation and recreation; provided further, that said report shall detail the efficiencies that have been achieved from said merger; provided further, that said report shall detail the areas of the department where efficiencies have been achieved from the sharing of resources; provided further, that said report shall provide a plan to fully integrate all aspects of the department and said plan shall provide any recommendations that are necessary to improve the department; and provided further, that no funds shall be expended from this item for personnel overtime costs............................................................................... $5,994,212
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; and provided further, that $48,000 shall be expended for the flood control activities undertaken by the Thames river valley communities of Massachusetts in conjunction with the state of Connecticut....... $1,396,297
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...................................................................................................................... $941,288
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 December 15, 2007 that shall include, but not be limited to, the following: (1) the amount of funding provided to each beach under the control of the department in fiscal years 2006 and 2007; (2) a breakdown of how the funds were spent for each 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 each beach in fiscal year 2008 from this item; and (5) a list of the services or materials for each beach that will be provided from this item.... $2,835,000
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 December 15, 2007 that shall include, but not be limited to, the following: (1) the amount of funding provided to each pool under the control of the department in fiscal years 2006 and 2007; (2) a breakdown of how the funds were spent for each 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 each pool in fiscal year 2008 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 the office of dam safety; 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; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008 that shall include, but not be limited to, the following: (1) the number of staff that are assigned from this item and their job title, (2) the number of dam inspections that are scheduled for fiscal year 2008, and (3) the number of dams that are in need of repairs, or need to be replaced ...................................................................................... $1,046,698
2800-9004 For certain payments for the maintenance and use of the Trailside Museum and the Chickatawbut Hill center ...................................................................................................... $375,000
2810-0100 For the operations of the division of state parks and recreation; provided, that funds appropriated 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; and provided further, that the level of funding for the beaches and pools from this item in fiscal year 2008 shall not be reduced from fiscal year 2007................................................................................................................. $22,070,308
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........................................................................................ $2,000,000
2810-2000 For the seasonal hires of the division of state parks and recreation, including hires for the forest fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year 2007 shall continue to receive such benefits in fiscal year 2008 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 ................................................................................................................... $5,570,015
2810-2040 The division of state parks and recreation may expend not more than $4,711,916 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 ...................................................................................................... $4,711,916
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 further, 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; and provided further, that the rinks under the control of the department shall remain open and staffed for the full rink season...................................... $26,111,482
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 ......................................... $1,907,046
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 ............................................................................... $3,000,000
2820-0300 For the operation and maintenance of the central artery/tunnel parks and spectacle island ................................................................................................................... $2,634,852
2820-1000 The division of urban parks and recreation may expend not more than $200,000 from revenue collected pursuant to section 34B of chapter 92 of the General Laws ................... $200,000
2820-1001 The division of urban parks and recreation may expend not more than $50,000 from revenue collected for the operation and maintenance of the division’s telecommunications system from revenues received from the Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority, the department of highways, central artery/Ted Williams tunnel project, the department of state police and quasi-public and private entities through a system of user fees and other charges established by the commissioner of conservation and recreation; provided, that nothing in this item shall impair or diminish the rights of access and utilization of all current users of the system under agreements previously entered into; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the division to maintain the telecommunications system .......... $50,000
2820-2000 For the expenses of maintaining the parkways within the division of urban parks and recreation, including the costs of personnel and snow and ice removal expenses; provided, that the department of conservation and recreation shall take all measures to ensure that the department’s snow and ice control efforts are efficient and cost effective; provided further, that the secretary of environmental affairs shall submit to the house and senate committees on post audit and oversight and the house and senate committees on ways and means a report detailing a snow emergency plan for roads, bridges and sidewalks under the care of the department of conservation and recreation by January 14, 2008; and provided further, that the secretary of environmental affairs shall submit to the house and senate committees on post audit and oversight and the house and senate committees on ways and means a report not later than September 1, 2007 which shall include, but not be limited to, the following: (a) a list of amounts paid from state appropriations for snow and ice control efforts for fiscal years 2006 and 2007 and (b) any other information that said secretary determines is necessary to account for and explain the extraordinary expenditure of state appropriations for the control and removal of snow and ice ............................................................... $1,397,434
2820-3001 The division of urban parks and recreation may expend not more than $1,000,000 from revenue collected from skating rink fees and rentals for the operation and maintenance, including personnel costs, of 4 rinks between September 1, 2007 and April, 30, 2008 for an expanded and extended rink season; provided, that when assigning time for the use of its rinks, the division shall give priority to those which qualify under applicable state and federal law as nonprofit organizations or as a public school ......................................................................................................... $1,000,000
2820-4420 For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend not more than $1,100,000 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30................................................................................................................... $1,100,000
2820-4421 For the operation and maintenance of the Leo J. Martin golf course; provided, that the division of urban parks and recreation may expend not more than $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 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 ............................................................................................................... $1,100,000
2820-9005 For the operation of street lighting on the division of urban parks and recreation parkways; provided, that no expenditure shall be made other than in the GG object class; provided further, that the department of conservation and recreation shall take all measures to further ensure that said department’s street lighting efforts are efficient and cost effective; provided further, that said department shall implement a plan to achieve efficiencies and reduce said lighting costs; and provided further, that said department shall file a report with the house and senate committees on ways and means not later than September 1, 2007 on measures taken to ensure efficiency and cost effectiveness of their street lighting program that shall include but not be limited to the following (1) all efforts taken by said department to reduce street lighting costs in fiscal years, 2006 and 2007 (2) efforts to reduce the amount paid for electricity through bulk purchasing agreements and (3) a long range plan on energy savings initiatives ........................................................ $3,214,090
EXECUTIVE OFFICE OF ENERGY AFFAIRS
Office of the Secretary.
2900-0100 For the office of the secretary, including the department of alternative and renewable energy, the department of broadband, cable television and telecommunications, the department of utility regulation and oversight, the division of municipal services, the division of community antenna television and the public utility commission; provided, that notwithstanding the second sentence of section 10(a) of chapter 6C of the General Laws, the assessments levied pursuant to said section 10 of said chapter 6C, exclusive of assessments levied pursuant to section 10(e), for fiscal year 2008 shall be made at a rate sufficient to produce $10,258,128; provided further, that the department shall maintain a toll-free consumer access telephone number to facilitate statewide citizen access on customer service issues in the delivery of cable television services.............. $10,258,128
2900-0200 For the residential conservation service program under chapter 465 of the acts of 1980, and the commercial and apartment conservation service program pursuant to section 30 of chapter 6C of the General Laws.................................................................................................. $201,843
2900-0300 The executive office may expend revenues collected, up to $75,000, for the operation of the energy facilities siting board................................................................................ ………$75,000
Office for Ratepayer Advocacy
2900-0400 For the office for ratepayer advocacy for proceedings pursuant to section 6 of chapter 6C of the General Laws; provided, that not withstanding any general or special law to the contrary, the amount assessed under section 10(e) of said chapter 6C 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............................................................... $1,611,700
2900-0500 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
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 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 chapter 66A of the General Laws to the contrary, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of education, the department of transitional assistance, the department of social services, and the department of public health may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes; provided further, that funds from this item shall be expended to develop an implementation plan for a workforce development system in collaboration with the board and chancellor of higher education, pursuant to section 5 of chapter 15D of the General Laws; provided further, that as part of the development of said workforce implementation plan, not less than $100,000 shall be expended for the development of core competencies for those working with children in early education programs; provided further, that the department shall consult with early childhood education practitioners, researchers and experts in early childhood education, child development, and children’s mental health, and faculty in degree granting programs in the early childhood education field; provided further, that in developing said core competencies the department shall differentiate by levels of responsibility, delivery settings, and developmental age group of the children; provided further, the department shall consider core competencies defined by other states as well as the Program Standards for Children Ages 3 and 4 promulgated by the department of education; provided further, that the board of early education and care shall adopt core competency requirements for those working with children from birth through entrance into kindergarten on or before February 15, 2008; and provided further, that a copy of the proposed core competencies shall be provided, no later than December 15, 2007, to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education ......................... $11,567,320
3000-2000 For local and regional administration and coordination of services provided by child care resource and referral agencies and community partnerships for children lead agencies; provided, that funding will be used to support access to and increase the quality of early education and care programs, including, but not limited to, outreach to hard to reach populations, intake and eligibility services for families seeking financial assistance to enroll in early education and care programs, voucher/scholarship management, resource and referral for families with and without special needs, support of comprehensive services for children and families, staffing of local or regional planning councils, maintenance of the department's centralized waiting list, financial assistance and coordination of provider training and resources to link programs, schools and practitioners in order to improve program quality; provided further that not less than $10,519,941 shall be expended for child care resource and referral for the regional administration of early education and care programs and services and related to early education and care activities; provided, that the activities shall include, but not be limited to, voucher management, regional child care provider training, resource and referral for children with disabilities in child care programs, community-based programs that provide direct services to parents and coordination of waiting lists for state-subsidized early education and care; provided further, that the department shall administer the child care resource and referral system through the regional offices funded in this item; provided, that the activities shall include, but not be limited to, voucher management, regional child care provider training, resource and referral for children with disabilities in child care programs, community-based programs that provide direct services to parents coordination of waiting lists for state-subsidized early education and care; provided further that not less than $13,876,598 shall be expended for grants to community partnership councils to maximize local participation in the programs and services of the department, and provide an opportunity for local input into departmental goals and policies, pay for program coordination and support, provide outreach to hard to reach populations, encourage comprehensive planning at the local level through interagency and community collaboration, support comprehensive services for children and families, and work to increase and improve the quality of programs; provided further, that recipients of grants distributed from this item shall not expend more than $4,625,533 for administrative costs, as defined by the department; provided further, that the department shall assist the community partnership councils receiving grants of less than $100,000 that choose to regionalize with the implementation of any regionalization plans; and provided further, that up to $500,000 may be expended on planning grants to assist local councils in expanding their mission beyond pre-school aged children to include the provision of comprehensive services, community collaboration, quality, and outreach efforts to all children served by the department regardless of age......................................................................................... $24,396,539
3000-2050 For the administration of the Children’s Trust Fund; provided, that notwithstanding any general or 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............... $1,323,194
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; and 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................ $67,194,996
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; provided further, that all early education and care providers that are part of a public school system shall accept early education and care vouchers from recipients funded through this appropriation; 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, 3000-3050 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 at least 30 days before the transfer; and provided further, that not more than 3 percent of any item may be transferred in fiscal year................................................................................................................ $169,892,198
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; provided further, that $32,000,000 shall be expended to provide direct services to eligible children through the local councils established in 3000-2000; provided further, that said funds shall be provided only to councils which provided direct services to children through item 3000-4000 in fiscal year 2007 using a per child rate methodology; provided further, that any child receiving services through the councils on July 1, 2007 shall continue to receive services on the same terms and conditions as during fiscal year 2007; provided further, that the councils shall enroll any new children receiving services in fiscal year 2008 from the centralized waitlist maintained by the department under terms and conditions to be determined by the department, including but not limited to a maximum rate capped at seventy five percent of market rate; provided further, that children receiving services through this allocation shall retain priority status for future services available through the department upon attaining the age of 5; provided further, that if the funds provided by the allocation are insufficient to maintain levels of service comparable to those provided by said councils in fiscal year 2007, the department may transfer funds from item 3000-5075 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 the department shall issue a report, not later than February 15, 2008, proposing a multi-year plan for the alignment of rates and quality standards; and provided further, that said plan shall be forwarded to the house and senate chairs of the joint committee on education, the chairs of the house and senate ways and means committees, and the secretary of administration and finance $193,434,752
3000-5000 For grants to head start programs; provided, that funds from this item may be expended on early head start programs ..................................................................................... $8,500,000
3000-5075 For the Massachusetts Universal Pre-Kindergarten Program established under chapter 15D of the General Laws; provided, that funds from this item shall be expended on pilot implementation grants to improve the quality of and expand access to preschool programs and services to children from the age of 2 years and 9 months until they are kindergarten eligible, through a mixed system of service delivery including public, private, non-profit and for-profit pre-schools, child care centers, nursery schools, preschools operating within public and private schools and school districts, Head Start programs, independent and system-affiliated family child care homes; provided further, that funds shall be awarded directly to programs; provided further, that in awarding grant funds under this program, preference shall be given to establishing pre-school classrooms in towns and cities with schools and districts at risk of or determined to be under-performing in accordance with sections 1J and 1K of chapter 69, schools and districts which have which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations, or which have been designated Commonwealth priority schools or Commonwealth Pilot Schools pursuant to said regulations, schools or districts with a high percentage of students scoring in level one and two on the MCAS exams, or programs which serve children not less than fifty percent of whom are from families earning at or below eighty five percent of the state median income; provided further, that all programs designated as Massachusetts Universal Pre-Kindergarten program participants shall meet high program quality standards including those outlined in the Early Childhood Program Standards for Three and Four Year Olds and the Guidelines for Preschool Learning Experiences, and including appropriate standards for teacher and staff quality, teacher to child ratios and group size, age-appropriate curriculum and child assessment practices, kindergarten readiness assessments, comprehensive services like health and dental screenings and mental health supports where needed, transition to kindergarten policies, and program evaluation; provided further, that programs so designated must have been accredited by the National Association for the Education of Young Children, the National Association of Family Child Care or a Child Development Associate (CDA) credential; provided further, that programs shall have in place an assessment tool approved by the department, including but not limited to: Work Sampling, High Scope Child Observation Record, Creative Curriculum Developmental Continuum, or Ages and Stages; provided further, that remaining funds available after grants are made to eligible programs may be expended on programs working towards the designation of being a Massachusetts Universal Pre-Kindergarten Program participant; provided further, that the grant program shall be sufficiently flexible to serve families with various work schedules; provided further, that programs receiving grant funds may use the funds to enhance teacher and staff quality and compensation, enhance program ability to interpret and use assessment data effectively, enhance developmentally appropriate practice, incorporate ancillary services into the program, facilitate or provide access to wrap-around services for working families, or to increase capacity to expand access to age-eligible children on the centralized wait list maintained by the department; provided further, that preference shall be given in awarding grants to those programs which demonstrate affordability for middle class and working class parents according to standards to be developed by the department; provided further, that the department shall report on the implementation of these grants, no later than February 15, 2008, along with any legislative recommendations for the improvement of said universal pre-school programs; provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education; provided further, that $15,761,095 shall be expended to provide classroom based grants to programs through the local councils established in 3000-2000; provided further, that said funds shall be provided only to councils which provided per classroom grants or grants based on teacher salary reimbursement through item 3000-4000 in fiscal year 2007 using a per classroom rate methodology; provided further, that any classes receiving grant funding through the councils on July 1, 2007 shall continue to receive services on the same terms and conditions as during fiscal year 2007; provided further, that any new children enrolled in such classrooms in fiscal year 2008 must be enrolled from the centralized waitlist maintained by the department; provided further, that children receiving services through this allocation shall retain priority status for future services available through the department upon attaining the age of 5; provided further, that if the funds provided by the allocation are insufficient to maintain levels of classroom based grant funding comparable to those provided by said councils in fiscal year 2007, the department may transfer funds from item 3000-4060 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 the department shall issue a report, not later than February 15, 2008, proposing a multi-year plan for the alignment of all classroom based quality enhancement grants funded by the department in order to ensure fairness and consistency across all pre-school grant programs; provided further, that said plan shall be forwarded to the house and senate chairs of the joint committee on education, the chairs of the house and senate ways and means committees, and the secretary of administration and finance and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary.......... $20,399,834
3000-6000 For early education and care quality expenditures; provided, that not less than $1,321,145 shall be expended for activities to increase the supply of quality early education and care for infants and toddlers; provided further, that not less than $234,248 shall be expended for school-age child care activities; provided further, that not less that $1,738,739 shall be expended for grants to early education and care providers in the commonwealth for the costs associated with accreditation by the National Association for the Education of Young Children, the National Association for Family Child Care, or such other accreditation agencies as may be approved by the board; provided further, that said funds shall be distributed by the department with approval of the board; provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further, that the department shall work with community partnership councils and child care resource and referral centers to identify applicants who are highly talented providers capable of meeting the rigorous accreditation requirements of these agencies; provided further, that, in order to ensure continuity in the accreditation process, the department shall provide continuation grants without further application to any local council which received funds last year, and which are engaged in ongoing accreditation projects; provided further, that the department shall, not later than December 15, 2007 issue recommendations on the consistent implementation of accreditation assistance across the Commonwealth; provided further, that the report shall be provided to the house and senate chairs of the joint committee on education, the chairs of the house and senate ways and means committees, and the secretary of administration and finance; provided further, that not less than $250,000 shall be expended for the development of a quality rating system for early education and care programs participating in the universal pre-kindergarten program under section 13 of chapter 15D of the General Laws; provided further that the Department shall consult with experts in early childhood education and quality measurement and with Massachusetts providers, including those representing family child care, non-profit centers, for-profit centers, Head Start programs, and public school programs; provided further that the development of a quality rating system shall include, but not be limited to, a definition of quality standards under section 11 of chapter 15D of the General Laws, the development of a quality rating scale, and recommendations relative to quality rating system implementation, governance, monitoring, accountability, and for ensuring reciprocity between a quality rating system and existing accountability standards including but not limited to licensing regulations, National Association for the Education of Young Children accreditation, PRISM, and public school standards; provided further, that the department shall submit its findings and recommendations to the clerk of the house of representatives who shall forward the same to the house and senate committees on ways and means and the joint committee on education on or before December 15, 2007; provided further, that no funds from this item shall be used to fund capital assets or equipment for for-profit providers or agencies; provided further, that no funds shall be expended for the DD object class expenses of the department, out of state travel, bottled water, chargebacks, office equipment, prior year deficiencies, or the Virtual Gateway system; and provided further, that no funds shall be expended, obligated or transferred from this item prior to the submission of written certification by the commissioner to the house and senate committees on ways and means that all planned expenditures and allocations from this item shall have no fiscal impact beyond fiscal year 2008 .................................................................... $3,611,743
3000-6050 For grants to provide professional development for early education and care providers to be distributed by the department with approval of the board; provided, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further, that the department shall only approve professional development courses and offerings with proven, replicable results in improving early education and care, and which shall have demonstrated the use of best practices, as determined by the department; provided further, that said professional development courses shall be aligned with core competencies identified by the department and with the Massachusetts Universal Pre-Kindergarten program quality standards; provided further, that the department shall encourage and support early childhood education and care providers to obtain associates and bachelors degrees through the Building Careers program model; provided further, that, in order to ensure continuity in the provision of professional development, the department shall provide continuation grants without further application to any local council or regional center which received funds last year, and which are engaged in ongoing professional development projects; provided further, that the department shall, not later than February 15, 2008, provide a report on the number of early childhood educators and providers who have received such training, the estimated number who have requested such additional training, and a review and analysis of the most effective types of professional development and the most common gaps in the knowledge base of early childhood educators, along with legislative or regulatory recommendations of the department; and provided further, that said report shall be provided to the secretary of administration and finance, the senate president, the speaker of the house, the chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education ........................................... $3,488,276
3000-6075 For early childhood mental health consultation services in early education and care programs in the commonwealth; provided, that preference shall be given to those services designed to limit the number of expulsions and suspensions from said programs; provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further that $630,000 shall be expended on the existing Mental Health Inclusion Projects; provided further, that the department shall issue a report not later than February 15, 2008 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; and 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 chairs of the house and senate ways and means committees and the house and senate chairs of the joint committee on education ................................................................................................ $2,030,000
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 item 3000-7050 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 grants to programs which improve the parenting skills of participants in early education and care programs in the commonwealth; provided, that not less than $5,395,694 shall be expended on the Mass Family Networks program; provided further, that not less than $3,000,000 shall be expended for grants for the home-based parenting, family literacy, and school readiness program known as the Parent-Child Home Program; provided further, that, of said $3,000,000, the department shall distribute not less than $2,250,000 to expand capacity at existing Parent-Child Home Program sites not later than August 15, 2007, in order to allow a full year of service for parents involved in said programs; provided further, that of said $3,000,000, the department shall distribute not less than $750,000 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 grants to establish replication sites shall be awarded not later than October 30, 2007; provided further, that 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; provided further, that $1,000,000 shall be made available for matching grants to fund a 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; and provided further, that the funds distributed through Reach Out and Read program shall be contingent upon a match of match of not less than $1 in private or corporate contributions for every $1 in state grant funding .............................................................................................. $9,395,694
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 further that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; and provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amount distributed in fiscal year 2008 by March 1, 2008.................................................................. $2,000,000
4000-0140 For the operation of the Betsy Lehman Center for patient safety and medical error reduction established in section 16E of chapter 6A of the General Laws.............................. $500,000
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 section 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 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 said executive office, in fiscal year 2008, shall not eliminate payment to hospital outpatient departments for primary care provided to MassHealth members; provided further, that the secretary shall ensure that supplemental Medicaid rates required pursuant to section 128 chapter 58 of the acts of 2006 are implemented in fiscal year 2008; 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 2008; provided further, 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 the executive office shall develop a process whereby all participating providers who have signed the Virtual Gateway Services Agreement shall have access to the contents of the consolidated summary of any individual’s application submitted through the virtual gateway; and provided further, that said information access shall comply with all HIPPA requirements and state privacy laws; 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, 2008................................................................................................................ $142,073,307
4000-0301 For the costs of MassHealth provider and member audit and utilization review activities including, but not limited to eligibility verification, disability evaluations, provider financial and clinical audits and other initiatives intended to enhance program integrity; provided, that $150,000 shall be expended for the operation of the Medicaid fraud control unit within the office of the attorney general; and provided further, that $150,000 shall be expended for MassHealth auditing within the office of the state auditor................................................................................................. $2,200,000
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
4000-0352 For MassHealth enrollment outreach grants to public and private nonprofit groups to be administered by the executive office; provided, that the secretary shall report to the house and senate committees on ways and means on the exact amounts distributed in fiscal year 2008 by March 1, 2008 and the extent to which any portion of resulting expenditures are eligible for federal reimbursement $550,000
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.............................................. $103,010,274
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; and 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;................................ $2,673,069,860
Executive Office of Elder Affairs.
4000-0600 For health care services provided to medical assistance recipients under the executive office of elder affairs’ 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 funds shall be expended for the “community choices” initiative; provided further, that benefit for this initiative shall not be reduced below the services provided in fiscal year 2007; provided further, that the eligibility requirements for the demonstration project shall not be more restrictive than those established in fiscal year 2007; 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 2008 delineated by the federal poverty level; provided further, that the report shall be submitted not later than February 1, 2008; 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 2008 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 non-acute 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 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 funds shall be expended for the ‘Caring Homes’ initiative designed to delay or prevent nursing home placement by providing care - giving 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......................................................... $1,907,632,048
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......................................... $127,651,521
4000-0640 For nursing facility Medicaid rates; provided, that notwithstanding any general or special law to the contrary, in fiscal year, 2008 the division of health care finance and policy shall establish nursing facility Medicaid rates that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002, as mandated under section 1 of chapter 42 of the acts of 2003; provided further, that the division shall adjust per diem rates to reflect any reductions in Medicaid utilization; provided further, that the payments made pursuant to this line item shall be used in a manner that complies with 42 U.S.C Section 1903 (w)(3)(A) and allocated in the following manner in fiscal year 2008: (1) effective July 1, 2007, an annual amount of $99,000,000 in the aggregate to fund the use of 2000 base year cost information for rate determination purposes; provided, that $9,000,000 of this amount shall be expended for purposes of reimbursing nursing facilities for up to 10 bed hold days for patients of the facility on medical and non-medical leaves of absence; (2) effective July 1, 2007, an annual amount of $122,500,000 for enhanced payment rates to nursing homes; (3) effective July 1, 2007, an annual amount of $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes; provided further, that as a condition for such a rate add-on, the division shall require that each nursing home document to the division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility’s staff-to-patient ratio, or by demonstrably improving the facility’s recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates; provided further, that a facility’s direct care staff shall include all nursing personnel including registered nurses, licensed practical nurses, and certified nurses’ aides hired by the facility from any temporary nursing agency or nursing pool registered with the department of public health, provided further, that the division shall credit wage increases that are over and above any previously collectively bargained wage increases; provided further, that in monitoring compliance for this rate add-on, the division’s regulations shall adjust any spending compliance test to reflect any Medicaid nursing facility payment reductions, including, but not limited to, rate reductions imposed on or after October 1, 2002; provided further, that the expenditure of these funds shall be subject to audit by the division in consultation with the department of public health and the executive office of health and human services; provided further, that in implementing this section, the division shall consult with the Nursing Home Advisory Council; (4) effective July 1, 2007, an annual amount of $17,000,000 (a) to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by said executive office, in consultation with the division, that meet quality standards established by the executive office of health and human services in conjunction with the department of public health and the division for the purposes of encouraging the upgrading and maintenance of quality of care in nursing homes; and (b) to fund rate adjustments to eligible nursing homes that meet utilization standards established by the executive office of health and human services in consultation with the division for the purpose of reducing unnecessary nursing home admissions and facilitating the return of nursing home residents of non-institutional settings; provided further, that to the extent that the annual amount of $17 million in this clause is not fully allocated, the division shall first provide operating or capital rate adjustments for publicly operated, urban and geographically-isolated nursing homes; (5) $300,000 for the purposes of an audit of funds distributed under clause (3); provided further, that the division, in consultation with the department of public health and with the assistance of the executive office of health and human services, shall establish penalties sufficient to deter noncompliance to be imposed against any facility that expends any or all monies in violation of clause (3), including but not limited to recoupment, assessment of fines or interest; provided further, that the division shall report to the house and senate committees on ways and means not later than October 1, 2007 a preliminary analysis of funds expended under this subsection in fiscal year 2007 and a description and timeline for auditing of these funds; (6) $250,000 to fund expenses of the division related to the implementation and administration of section 25 of chapter 118G of the General Laws; and (7) an amount sufficient to implement section 622 of chapter 151 of the acts of 1996; and provided further, that any additional funds that may become available through this item due to decreased Medicaid utilization shall first fund a per-diem rate add-on for large Medicaid providers as specified in 114.2 CMR 6.06 (10) (a), as in effect on September 1, 2003 and then fund further enhanced rates to nursing homes.... $288,500,000
Executive Office of Health and Human Services
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 the executive office may reduce MassHealth premiums or copayments or offer other incentives to encourage enrollees to comply with wellness goals, the executive office shall report annually to the joint committee on health care financing and the house and senate ways and means on the number of enrollees who met at least 1 wellness goal, any reduction of copayments or premiums, and any other incentives provide because enrollees met wellness goals; provided further, that the executive office shall not, in the fiscal year 2008, fund programs relating to case management with the intention of reducing length of stay for neonatal intensive care unit cases; 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, 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, 2008 detailing the activities described in the preceding proviso to be expended from this item during fiscal year 2008; and provided further, that not less than $10,000,000 shall be expended to pay for an increase in Mediciad rates for community health centers, as defined in section 1of chapter 118G of the General Laws............................................................................................................. $1,492,425,551
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; and provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years $481,096,119
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 .............................................................................................. $120,002,526
4000-0875 For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall provide benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level, subject to continued federal approval; provided further, that eligibility for such benefits shall be extended solely for the duration of such cancerous condition; provided further, that prior to the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer at the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with item 4570-1512 of section 2D; provided further, that the executive office shall continue to seek federal approval for the implementation of a cost sharing system, including co-payments and sliding scale premiums for women whose annual income is between 133 per cent and 250 per cent of the federal poverty level; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years ............................................................... $5,422,343
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; and provided further, that funds may be expended from this item for health care services provided to the children and adolescents in prior fiscal years..... $140,157,657
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......................... $36,090,197
4000-0891 For the cost of health insurance subsidies paid to employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office shall directly market the program to private human service providers that deliver human and social services under contract with departments within the executive office and the executive office of elder affairs for the purpose of mitigating health insurance costs to the employers and their employees; provided further, that the executive office of health and human services shall report quarterly to the house and senate committees on ways and means and the executive office of administration and finance monthly expenditure data for the program, including the total number of employers participating in the program, the percentage of the employers who purchased health insurance for employees prior to participating in the program and total monthly expenditures delineated by payments to small employers and self-employed persons for individual, 2-person family and family subsidies; and provided further, that the executive office of health and human services shall seek federal reimbursement for the payments to employers.......... $5,490,312
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, 2008, 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............................ $18,135,134
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................................... $15,223,144
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................................................................................................. $16,591,488
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; provided further, that the secretary is hereby authorized to limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided, however, that no such limitation shall be implemented unless the secretary has given 90 days notice to the house and senate committees on ways and means and the joint committee on health care financing; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years..... $262,440,603
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................................................ $233,916,047
4100-2008 For the operation of a health care quality and cost council to promote high-quality, cost-effective patient-centered care....................................................................................... $209,292
4003-0122 For a Citizenship for New Americans Program to assist legal permanent residents in our Commonwealth in becoming citizens of the United States; provided, that the office for refugees and immigrants be charged with administering such program; provided further, that said program shall be provided through community based organizations to the maximum extent possible as determined by the office for refugees and immigrants; provided further, that the program funded by this item provide assistance to persons who are within 3 years of eligibility to become citizens of the United States; and provided further, that services shall be designed to include: ESOL/civics classes, citizenship application assistance, interview preparation and support services such as interpretation and referral services ......................................................................................................... $500,000
Division of Health Care Finance and Policy.
4100-0060 For the operation of the division; provided, that notwithstanding any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of chapter 118G for the estimated expenses of the division shall include in fiscal year 2008, 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 2008 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 total expenses appropriated for the division and the health safety net office; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the health safety net trust established pursuant to section 57 of 118E 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, 2007 a report detailing utilization of the health safety net trust fund; provided further, that the report shall include: (1) the number of persons in the commonwealth whose medical expenses were billed to said trust in fiscal year 2007; (2) the total dollar amount billed to the said trust in fiscal year 2007; (3) the demographics of the population using said trust and (4) the types of services paid for out of the trusts’ funds in fiscal year 2007; 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 health safety net trust; provided further, that the division shall include in the report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that notwithstanding any general or special law or rule or regulation to the contrary, the division shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by said division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided or industrial accident patients if such a change would financially benefit the commonwealth; and 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 2008.. $13,979,008
OFFICE OF 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 2008 that extend or expand services beyond the level of services provided in fiscal year 2007 shall not annualize above those amounts in fiscal year 2009.................................................................. $1,114,169
4110-1000 For the community services program; provided, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network............................................................................................ $4,124,300
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 ........................................................................................ $329,438
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 .......................................................... $9,908,799
4110-2001 For services to clients of the department who turn 22 years of age during state fiscal year 2008; provided, that the amount spent from this item shall not annualize to more than $330,000 in fiscal year 2009; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services $175,000
4110-3010 For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees.......................................................................... $2,876,179
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 ...... $1,902,202
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 2007shall not annualize above those amounts in fiscal year 2009; 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........ $586,400
4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally-reimbursed state employees; provided further, that the commissioner, in making referrals to service providers, shall take into account the client’s place of residence and the geographic proximity of the nearest provider to the residence.................................................................... $7,847,949
4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided............... $8,181,622
4120-4000 For independent living assistance service; provided further, that $3,840,000 shall be expended for the independent living centers contracted with the commission........................ $11,076,483
4120-4001 For the housing registry for the disabled ............................................................. $88,889
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 $1,513,272 in state fiscal year 2009...................................................................................................................... $756,636
4120-5000 For homemaking services.............................................................................. $5,977,344
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......................................... $9,917,606
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 .................................................................................................... $5,669,885
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
4125-0102 For the costs associated with the provision of interpreter services for the deaf and hard of hearing at State House public hearings and events ............................................................. $12,120
OFFICE OF DISABILITIES AND COMMUNITY SERVICES.
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 2007; and provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2008....................................................... $26,042,788
4180-0200 The Soldiers’ 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; provided, that fees from the use of telephones and televisions shall only be expended for payments to vendors for said services................................................................................. $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 2007; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2008 except those associated with the use of telephones and televisions; 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.................................................................. $19,831,781
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 2007; 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 2008 and 2009 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, 2007; 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 2008; provided further, that said report shall be submitted not later than January 16, 2008; 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 Soldiers’ 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; provided, that fees from the use of telephones and televisions shall only be expended for payments to vendors for said services................................................................................. $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
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, that the department shall continue to execute 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 and projected needs in fiscal years 2008 and 2009, to the house and senate committees on ways and means by December 1, 2007; and provided further, that the department shall expend not more than $300,000 on the juvenile case management system................................................................................................................... $5,424,763
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 funding shall be expended for the restoration of the Northeast Region; 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................................................................................... $22,244,888
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................................................................................... $24,729,751
4200-0300 For secure facilities, including purchase-of-service and state-operated programs incidental to the operations of the facilities; provided, that funds shall be expended for programs to address the needs of the female population including, but not limited to, the development of a stabilization unit and an independent living program, the enhancement of clinical services and at least 1 full-time female services coordinator; provided further, that 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 $2,550,000 shall be expended for the annualization of enhanced teacher salaries in fiscal year 2007; provided further, that not less than $600,000 shall be expended on vocational training in order to reduce recidivism; 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 $107,273,387
OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.
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 2008 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 report shall comprehensively track statewide use of the emergency assistance program by eligibility category including, but not limited to, caseload, average length of use or stay and monthly expenditures; provided further, that the department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that under 21 U.S.C. section 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. section 862a, except that individuals incarcerated for a conviction which would otherwise be disqualifying under 21 U.S.C. section 862a(a) shall not be eligible for cash assistance funded through item 4403-2000 during the first 12 months after release from a correctional institution unless the individual qualifies for an exemption under subsection (e) of section 110 of chapter 5 of the acts of 1995, or any successor statute, 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 continue policies to increase participation in the food stamp program; provided further, that the department may allocate funds, not to exceed $2,500,000 from this item to item 4400-1100 for the costs of the department’s caseworkers; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs; provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and redeterminations; and provided further, that the department shall report to the house and senate committees on ways and means not later than December 15, 2007 on the extended office hours and placement of workers at community and human service organizations that the department has determined is feasible within the appropriation provided and that the department will provide in the current fiscal year................................. $67,034,698
4400-1001 For programs to increase the commonwealth’s participation rate in food stamps and other federal nutrition programs; provided, that not less than $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; and 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, 2007 on the progress of implementing these programs.................. $2,513,021
4400-1025 For domestic violence specialists at local area offices......................................... $682,823
4400-1100 For the payroll of the department’s caseworkers; provided, that only employees of bargaining unit eight shall be paid from this item; 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............................................................ $56,836,583
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 or any successor statue; 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, or any successor statute, becoming eligible for benefits, the department shall offer to the recipient a skills assessment to identify barriers to employment; and provided further, that 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 ................................................................................................................. $27,162,289
4401-1100 The department of transitional assistance may expend not more than $7,000,000 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 ................................................................ $7,000,000
4403-2000 For a program of transitional aid to families with dependent children; provided, that notwithstanding any general or special law to the contrary, benefits under the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits; provided further, that notwithstanding any general or special law, or any provisions of this act to the contrary, no benefits under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year 2007; 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, or any successor statute, shall be 2 ¾ per cent below the otherwise applicable payment standard, in fiscal year 2008, 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, or any successor statute; 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 2007; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September 2007; 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 detailed and comprehensive report setting forth the text of, basis, and reasons for such proposed changes; and provided further, that the report shall state the department’s most accurate assessment of the probable effects of any such benefit or eligibility changes upon recipient families..................................................................................................... $273,902,138
4403-2119 For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995, or any successor statute, for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program ... $6,856,147
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 ensure 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 except to the extent that such changes are needed to avoid a deficiency in this item; provided further, that the department shall report quarterly to the house and senate committees on ways and means an 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 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 by type of reason, including reasons for voluntary departure and termination, exiting families’ housing plans by type of plan, 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; and 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..................................................................... $82,396,270
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; and provided further, that reimbursements to providers for services rendered in prior fiscal years may be expended from this item......................................................................................................... $212,028,336
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 2007 shall receive at least the same amount in fiscal year 2008, and that organizations that received funds through this item in fiscal year 2007 shall receive not less than that same percentage share of this appropriation in fiscal year 2008; 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 $35,527,927
4406-3010 For a grant to 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, the commissioner of the department of transitional assistance, and the chairpersons of the house and senate committees on ways and means no later than March 1, 2008, 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 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 ............................................ $69,919,542
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 state or federal funding for school-based abstinence education shall be used only in conjunction with the teaching of comprehensive sexuality education......................................... $17,116,655
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;............................................................. $5,607,956
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 funds shall be expended on a 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..................................................... $556,749
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 111F of the General Laws 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 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 25A of chapter 111 of the General Laws; 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, 2008; 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.................................................................................... $3,363,916
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 $601,110 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.......................................................................................... $601,110
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’s health care facilities and services, and for protecting the health and safety of patients who receive care and services in nursing homes, rest homes, clinical laboratories, clinics, institutions for the mentally retarded and the mentally ill, hospitals and infirmaries, including the inspection of ambulance services; provided further, that the division shall track and report the number and type of dementia or Alzheimer’s special care units in each facility; provided further, that the department shall provide quarterly reports of its findings to the house and senate committees on ways and means; provided further, that the division shall coordinate its work with the board of registration in medicine and the various other boards of registration under the department of public health to promote quality patient care in facilities licensed by the department, shall report specific instances of preventable medical error that involve an individualized component investigated by the board of registration and a systemic or institutional component investigated by the division, the medical, administrative, educational and disciplinary outcomes of such instances of preventable medical error and the ways in which coordination promotes quality patient care, fairness and accuracy in disciplinary actions, and better provider and facility education; provided further, that investigators shall conduct investigations of abuse, neglect, mistreatment and misappropriation; provided further, that the division shall assign such investigators to perform their duties on staggered shifts which shall be established by the division in order to provide coverage adequate to ensure that all complaints of abuse, neglect, mistreatment and misappropriation are investigated, and that the department shall investigate complaints during evening and weekend hours, as needed, to assess the validity of the complaint; provided further, that not less than 10 per cent of all routine surveys of the facilities are completed during evening or weekend hours; provided further, that the division shall minimize the need for payment of overtime to investigators in both emergent and non-emergent situations and shall not authorize the assignment of overtime hours for any investigator when the duties can be performed on a non-overtime basis by another investigator; provided further, that all investigators in the division of health care quality responsible for the investigations shall receive training by the Medicaid fraud control unit of the office of the attorney general under a comprehensive training program to be developed by the division and the unit; provided further, that the division shall report quarterly to the house and senate committees on ways and means on the number of incident reports and, for those reports requiring investigations under section 72H of chapter 111 of the General Laws indicating for each such report, the time in which the division: (1) completed its investigation; (2) made an evaluation and determination of the validity of the report; (3) made a referral of such report to the appropriate agency or agencies; provided further, that if in any quarter the division maintains a backlog of cases requiring investigation that have not been investigated, evaluated and determined within the time frames established in section 72H of chapter 111, the division shall include in the report an explanation as to the reasons therefore; provided further, that the division shall include in the report a list of all instances of the payment of overtime for investigators and the justification therefore and in each quarter shall compare the overtime expenditures from this item with the overtime expenditures made in the corresponding quarter of fiscal year 2007; provided further, that the division shall continue a comprehensive training, education and outreach program for nursing home administrators and managers and other supervisory personnel in long-term care to improve the quality of care in long-term care facilities; provided further, that the program shall promote the use of best practices, models of quality care-giving and the culture of workforce retention within the facilities and shall focus on systemic ways to reduce deficiencies; and provided further, that the department shall report to the house and senate committees on the results of the program not later than April 30, 2008............... $9,666,609
4510-0721 For the costs of personnel, administration, information technology, equipment, newsletters and other essential spending of the board of registration in nursing; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of these cases, the approximate number of cases assigned to each investigator and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit the report to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health; provided further, that the board shall prepare a compilation of cases involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting health care providers, hospitals and pharmacies to modify their practices and techniques to avoid error; and provided further, that the board shall submit the compilation to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health by January 4, 2008 and shall make the compilation widely available, including by electronic means, to the public and to all hospitals, pharmacies and health care providers doing business in the commonwealth............................................................................................. $1,740,033
4510-0722 For the costs of personnel, administration, newsletters, dues, travel, public information advertising, and other expenses of the board of registration in pharmacy; provided, that the board shall prepare an annual report detailing the total number of cases referred to and investigated by the board, the resolution of these cases, the approximate number of cases assigned to each investigator and any increases or decreases in cases referred to the board in the previous 6 months; provided further, that the board shall submit the report to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health; provided further, that the board shall prepare a compilation of cases involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting health care providers, hospitals and pharmacies to modify their practices and techniques to avoid error; and provided further, that the board shall submit the compilation to the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health and the commissioner of the department of public health by January 4, 2008, and shall make the compilation widely available, including by electronic means, to the public and to all hospitals, pharmacies and health care providers doing business in the commonwealth................................................................................................ $512,705
4510-0723 For the operation and administration of the board of medicine and the committee on acupuncture; provided, that the board of registration in medicine shall prepare an annual report addressing its activities with respect to licensing, enforcement, law and policy, patient safety, and other relevant topics, including, but not limited to, the total number of cases referred to and reviewed by the board, the resolution of the cases, the approximate number of cases assigned to each investigator, any increases or decreases in cases referred to the board in the previous 6 months, a compilation of cases from its patient care assessment program describing incidents involving preventable medical error that resulted in harm to patient or health care provider for the purpose of assisting the providers, hospitals, and pharmacies to modify their practices and techniques to avoid error, and any other relevant topics; provided further, that the board shall submit the report to the general court, house and senate committees on ways and means and the joint committee on health care financing and the joint committee on public health by January 4, 2008 and shall make the compilation widely available, including by electronic means, to the public; and provided further, that the board shall promulgate rules and regulations to coordinate their patient care assessment program with the boards of nursing and pharmacy .................................................................... $2,659,955
4510-0725 For the costs of personnel, administration, public information advertising and other expenses of certain health boards of registration, including the boards of registration in dentistry, nursing home administrators, physician assistants, perfusionists and respiratory care................ $476,226
4510-0790 For regional emergency medical services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that the regional emergency medical services councils, designated as such in accordance with 105 CMR 170.101 and the C-MED communications as of January 1, 1992, shall remain the designated councils and C-MEDs; provided further, that the department shall report quarterly on the number of investigations of ambulance services performed by the inspectors and by inspectors funded in items 4510-0710 and 4510-0712 as well as the number of investigations pending at the end of each quarter and the reasons therefore; and provided further, that the department, in conjunction with the regional emergency services councils, notwithstanding section 27C of chapter 29 of the General Laws to the contrary, shall promulgate regulations to ensure that all basic, intermediate and paramedic emergency medical technicians are certified to use and have available epinephrine for the emergency treatment of anaphylaxis.............................................................................................. $1,246,896
4510-0810 For a statewide sexual assault nurse examiner program and pediatric sexual assault nurse examiner program for the care of victims of sexual assault; provided, that the program shall be established by the department to operate under specific statewide protocols and by an on-call system of nurse examiners............................................................................ $3,610,111
4512-0103 For acquired immune deficiency syndrome services and programs; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that no funds shall be transferred into the AA object class; provided further, that particular attention shall be paid to direct the funding proportionately amongst each of the demographic groups afflicted by HIV/AIDS; provided further, that funds shall be expended for rental housing subsidies for the purposes of preventing admissions to acute hospitals, chronic hospitals and nursing homes for persons with acquired immune deficiency syndrome; provided further, that the department may contract for the administration of this program; provided further, that the costs of this administrative contract shall not be expended from this item; provided further, that rents payable by tenants shall not be less than 30 per cent of total household income if heat and cooking fuel are provided by the landlord and shall not be less than 25 per cent of total household income if heat and cooking fuel are not provided; provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded on June 30, 1991; provided further, that the department shall not enter into any new housing contracts or expend funds for such new contracts in fiscal year 2008 that would fund units in excess of the number of units funded on June 30, 2007; and provided further, that no funds from this item shall be expended for disease research in fiscal year 2008 $36,409,043
4512-0106 The department of public health may expend not more than $1,900,000 from revenues received from pharmaceutical manufacturers participating in the section 340B rebate program administered by the federal health resources and services administration and office of drug pricing ... $1,900,000
4512-0200 For the division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that no funds shall be expended in the AA object class for any personnel-related costs $73,513,807
4512-0201 For substance abuse step-down recovery services, otherwise known as level B beds and services, and other critical recovery services with severely reduced capacity; provided, that no funds shall be expended in the AA object class for any personnel-related costs; and provided further, that the department shall submit quarterly to the house and senate committees on ways and means a report on the number of individuals served by the step-down recovery services program $5,000,000
4512-0225 The department of public health may expend not more than $1,000,000 for a compulsive gamblers’ treatment program from unclaimed prize money held in the State Lottery Fund for more than 1 year from the date of the drawing when the unclaimed prize money was won, and from the proceeds of a multi-jurisdictional lottery game under subsection (e) of section 24A of chapter 10 of the General Laws; provided, that the state comptroller shall transfer the amount to the General Fund $1,000,000
4512-0500 For dental health services; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further that, of the amount appropriated in this item, funds shall be expended to maintain a program of dental services for the developmentally disabled; and provided further, that the department shall submit to the house and senate committees on ways and means a quarterly report on the number of children served by this dental health services program and the number of children waiting to be served by the program.................................... $1,868,150
4513-1000 For the operation of the bureau of family health services; provided, that no funds shall be expended in the AA object class for any personnel-related costs...................................... $5,239,486
4513-1002 For women, infants and children’s (WIC) nutrition services in addition to funds received under the federal nutrition program; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that all new WIC cases, in excess of fiscal year 1991 caseload levels, shall be served in accordance with priority categories 1 through 7, as defined by the state WIC program; and provided further, that not less than $680,000 shall be expended for the Growth and Nutrition Program....................................................................... $13,327,092
4513-1010 The department of public health may expend not more than $4,500,000 in revenue received from the collection of federal financial participation for early intervention services delivered to Medicaid-eligible children by developmental educators and professionals in related disciplines; provided, that nothing in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the services funded in this item; and provided further, that the revenue may be used to pay for current and prior year claims................ $4,500,000
4513-1012 The department of public health may expend not more than $22,000,000 from revenues received from the federal cost-containment initiatives including, but not limited to, infant formula rebates and Northeast Dairy Compact reimbursements; provided 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 lesser of this authorization or the most-recent revenue estimate as reported in the state accounting system ................................................................................................................. $22,000,000
4513-1020 For the early intervention program; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that the department shall report quarterly to the house and senate committees on ways and means the total number of units of service purchased and the total expenditures for the units of service paid by the department, the executive office of health and human services, and by third party payers for early intervention services for the following services categories: home visit, center-based individual, child-focused group, parent-focused group, screening, and assessment; provided further, that the department shall make all reasonable efforts to secure third party and Medicaid reimbursements for the services funded in this item; provided further, that funds from this item shall be expended for a reserve to provide respite services to families of children enrolled in early intervention programs who have complex care requirements, multiple disabilities and extensive medical and health needs; provided further, that priority shall be given to low and moderate income families; provided further, that the department shall submit to the house and senate committees on ways and means a report on the number of families served by the program and the amount of funds appropriated in this item granted to qualified families not later than February 1, 2008; provided further, that no claim for reimbursement made on behalf of an uninsured person shall be paid from this item until the program receives notice of a denial of eligibility for the MassHealth program from the executive office of health and human services; and provided further, that nothing stated in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the early intervention services funded in this item....................................................................................... $37,237,286
4513-1023 For the costs associated with the implementation of the universal newborn hearing program; provided, that no funds shall be expended in the AA object class for any personnel-related costs; and provided further, that the funds appropriated in this item shall be expended for the notification of and follow through with affected families, primary care providers and early intervention programs upon the department’s receipt of data indicative of potential hearing disorders in newborns $83,060
4513-1026 For the provision of statewide and community-based suicide prevention, intervention, postvention, and surveillance activities and the implementation of a statewide suicide prevention plan; provided further, that funds shall be expended for the costs of a collaborative study with the Geriatric Mental Health Services program within the department of elder affairs for the purpose of creating a program to address elder suicide behavior and attempts; provided further, that funds shall be expended to establish a Veterans in Crisis Hotline; and provided further, that the hotline shall be for the use of veterans who seek counseling programs operated by the department of veterans affairs and/or concerned family members of those veterans so that they may be directed towards the programs and services offered by their local or regional VA office; and provided further, that the hotline shall be staffed by counselors or outreach programs contracted by the department and trained in issues of mental health counseling and veterans services............................................... $3,750,000
4513-1111 For an osteoporosis education and prevention program; provided, that the program shall include, but not be limited to: (1) development or identification of educational materials to promote public awareness of the cause of osteoporosis, options for prevention and the value of early detection and possible treatments, including their benefits and risks, to be made available to consumers, particularly targeted to high risk groups; (2) development or identification of professional education programs for health care providers; (3) development and maintenance of a list of current providers of specialized services for the prevention and treatment of osteoporosis; and (4) a program for awareness, prevention and treatment of hip fractures........................................... $100,000
4513-1112 For a prostate cancer screening, education and treatment program; provided, that screening, education and treatment shall have a particular focus on the high rate of prostate cancer among African-American males; provided further, that no funds shall be expended in the AA object class for any personnel-related costs; and provided further, that funds expended on advertising shall only be spent for the express purpose of prostate cancer screening awareness ............. $2,300,000
4513-1113 For a program to raise public awareness and provide health care provider education on colorectal cancer, including dissemination of materials on preventing and screening the disease and cancer registry reporting; provided, that no expenditures shall be made from this item in the AA object class for any personnel-related costs ................................................................ $250,000
4513-1114 For the purposes of the Hepatitis C program, including mitigating the effects of Hepatitis C; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that funds shall be expended to increase public awareness and provide health care provider information; provided further, that awareness efforts shall be presented in multiple languages and in a culturally appropriate manner where applicable; provided further, that Hepatitis C prevention, counseling and testing and case management services shall be integrated into existing substance abuse, HIV/AIDS and STD service programs; and provided further, that funds in this item shall supplement, and not supplant, funding for such purposes in item 4580-1000....... $1,412,876
4513-1115 For a multiple sclerosis screening, information, education and treatment program; provided, that no state employees shall be paid from this item; and provided further, that funds appropriated in this item shall be expended for the Multiple Sclerosis Home Living Independently Navigating Key Services program administered by the Central New England Chapter of the National Multiple Sclerosis Society to maximize matching dollars from the Society, to be used exclusively for the purposes of the program .................................................................................. $412,368
4513-1116 For a renal disease program; provided, that not less than $100,000 shall be expended for renal disease programs administered by the National Kidney Foundation of Massachusetts, Rhode Island, Vermont and New Hampshire, including organ donor awareness, nutritional supplements and early intervention services for those affected with renal disease and those at risk of renal disease...................................................................................................................... $100,000
4513-1121 For a statewide STOP stroke program; provided, that this program shall expend funds to educate the public and providers, including emergency medical systems personnel, medical dispatchers, fire and police department personnel and out-patient facilities intake and discharge personnel, about the warning signs of stroke, the recognition of stroke symptoms and the importance of timely and appropriate acute care treatment; provided further, that this program shall expend funds, as appropriate, to support initiatives related to primary stroke services regulations throughout all regions of the commonwealth, including telemedicine infrastructure, community education efforts and other needed supports; provided further, that the department shall coordinate such program with any ongoing federally-funded statewide efforts, including any program funded by federal cardiovascular health initiative grants; and provided further, that the program shall seek to maximize, through grant development or public-private partnerships, available sources of funding to accomplish the goals of the program................................................................................... $500,000
4513-1122 For an ovarian cancer screening, education and treatment program; provided, that no funds shall be expended in the AA object class for any personnel-related costs......................... $200,000
4513-1130 For the domestic violence and sexual assault prevention and treatment program; provided, that of the amount appropriated in this item, funds shall be expended for rape prevention and victim services, including the statewide Spanish language hotline for sexual abuse and statewide suicide and violence prevention outreach to gay and lesbian youth; provided further, that not less than $158,000 shall be expended for the public health model of community engagement and intervention services and crisis housing for sexual violence and intimate partner violence in the GLBT community ................................................................................................................... $4,567,423
4516-0263 The department of public health may expend not more than $1,486,551 in revenues from various blood lead testing fees collected from insurers and individuals for the purpose of conducting such tests; provided, 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 lesser of this authorization or the most recent revenue estimate therefore, as reported in the state accounting system....................................... $1,486,551
4516-0264 For a diabetes screening and outreach program to raise public awareness and provide outreach and education for high risk individuals, including, but not limited to, targeted populations of adolescents and the elderly................................................................................................. $350,000
4516-1000 For the administration of the center for laboratory and communicable disease control, including the division of communicable venereal diseases, the division of tuberculosis control and the state laboratory institute; provided, that the department shall give priority to the analysis of samples used in the prosecution of controlled substances offenses; provided further, that funds shall be expended for an eastern encephalitis testing program and for tuberculosis testing and treatment services; provided further, that no funds appropriated in this item shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item; provided further, that funds from this item may be expended for the purchase of equipment for the drug laboratory at the state laboratory institute; and provided further, that funds from this item may be expended for the purpose of an interagency service agreement with the University of Massachusetts Medical School for the department’s share of the cost of occupancy, including the cost of facility support personnel, for the state laboratory institute.................... $13,868,176
4516-1022 The department may expend not more than $300,000 generated by fees collected from insurers for tuberculosis tests performed at the state laboratory institute; provided, that revenues collected may be used to supplement the costs of the state lab; 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 lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system.......................................................................................... $300,000
4518-0200 The department may expend not more than $400,000 generated by fees collected from the following services provided at the registry of vital records and statistics: amendments of vital records, requests for vital records not issued in person at the registry and research requests performed by registry staff at the registry; provided, that revenues so collected may be used for all program costs, 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 lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system.......................................................................................... $400,000
4530-9000 For teenage pregnancy prevention services;
provided, that no funds shall be expended in the AA object class for any
personnel-related costs; provided further, that applications for such funds
shall be administered through the department upon receipt and approval of
coordinated community service plans to be evaluated in accordance with
guidelines issued by the department; provided further, that portions of the
grants may be used for state agency purchases of designated services identified
by the community service plans; provided further that funding shall be expended
on those communities with the highest teen birth rates according to an annual
statistical estimate conducted by the department; and provided further,
that the department shall contract directly with vendors of teenage pregnancy
prevention services........................................................... $3,031,131
4570-1500 For an early breast cancer detection program, mammographies for the uninsured and a breast cancer detection public awareness program; provided, that no funds shall be expended in the AA object class for any personnel-related costs.................................................... $6,687,659
4570-1502 For the purposes of implementing a proactive statewide infection prevention and control program; provided, that notwithstanding any general or special law to the contrary, the department of public health shall, through its division of health care quality, develop a proactive statewide infection prevention and control program in licensed health care facilities following protocols of the Centers for Disease Control for the purposes of implementation and adherence to infection control practices that are the keys to preventing the transmission of infectious diseases, including respiratory diseases spread by droplet or airborne routes; provided further, that recommended infection control practices shall include, but not be limited to, hand hygiene, standard precautions and transmission-based precautions, including contact, droplet and airborne, and respiratory hygiene; and provided further, that the infection prevention and control program shall include mandatory education in the recommended infection control practices for licensed health care personnel and employees of licensed health care facilities and penalties for individual and institutional noncompliance with Centers for Disease Control protocols............................................................. $1,000,000
4580-1000 For the universal immunization program and the purchase and distribution of the pneumococcal conjugate vaccine; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that no funds appropriated in this item shall be expended for administrative or energy expenses of the department not directly related to programs funded in this item; and provided further, that the department shall conduct a comprehensive study of the efficacy of the rotavirus, meningococcal conjugate, and human papilloma virus vaccines upon the groups recommended for vaccination; provided further, that the study shall include, but not be limited to, surveys of caregivers, parents, and legal guardians, with responses statistically tabulated for reporting purposes; and provided further, that a report of the findings shall be submitted to the house and senate committees on ways and means no later than February 1, 2008 $38,385,508
4590-0250 For school health services and school-based health centers in public and non-public schools; provided, that no funds shall be expended in the AA object class for any personnel-related costs; provided further, that services shall include, but not be limited to: (1) strengthening the infrastructure of school health services in the areas of personnel and policy development, programming, and interdisciplinary collaboration; (2) developing linkages between school health services programs and community health providers; (3) incorporating health education programs, including tobacco prevention and cessation activities in school curricula and in the provision of school based health services; and (4) incorporating obesity prevention programs, including nutrition and wellness programs in school curricula to address the nutrition and lifestyle habits needed for healthy development; provided further, that the services shall meet standards and eligibility guidelines established by the department of public health in consultation with the department of education; provided further, that not less than $300,000 shall be expended for mental health and substance abuse services in school-based health centers; provided further, that not less than $350,000 shall be expended for the commission on gay and lesbian youth; provided further, that $150,000 shall be expended for the Childhood Obesity School Nutrition Pilot Project within the department of public health to initiate or maintain school lunch programs focused on diminishing the epidemic of childhood obesity; provided further, that food service providers, working with public schools, wishing to institute or maintain a school nutrition program designed to reduce childhood obesity, may submit an application to the department of public health indicating the various nutritional and educational steps the school plans to implement with the grant, not to exceed $10,000 per school per year; provided further, that eligible programs must focus on providing healthier choices for lunch programs and provide incentives and information to make healthier meal choices in the school lunch line; provided further that one or more schools may be included in an application; and provided further, that grant applications and other appropriate criteria shall be determined and reviewed by the department................................................................................................. $16,440,608
4590-0300 For smoking prevention and cessation programs; provided, that no funds shall be expended in the AA subsidiary for any personnel-related costs ................................................ $8,250,000
4590-0912 The department may expend an amount not to exceed $16,007,368 from reimbursements collected for western Massachusetts hospital services, subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital-related costs, including personnel, capital expenditures, DD object class charge-backs and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall be eligible to receive and retain full reimbursement from the medical assistance program of the executive office of health and human services; provided further, that notwithstanding any general or special law to the contrary, the western Massachusetts hospital shall reimburse the General Fund for a portion of employee benefit expenses, according to a schedule submitted by the commissioner of public health and approved by the secretary for administration and finance; provided further, that such reimbursement shall not exceed 10 per cent of total personnel costs for the hospital; 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 lesser of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item..................................................................................................... $16,007,368
4590-0913 The department of public health Lemuel Shattuck hospital may not expend more than $500,000 in revenues collected from private medical vendors for the purposes of funding expenses for services provided to inmates of county correctional facilities which have privatized medical care; provided 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 lesser of this authorization or the most recent revenue estimate as reported in the state accounting system........................................................ $500,000
4590-0915 For the maintenance and operation of Tewksbury hospital, Massachusetts hospital school, Lemuel Shattuck hospital and the hospital bureau, including the state office of pharmacy services; provided, that all revenue generated by the hospitals shall be credited to the General Fund; provided further, that no funds appropriated in this item shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded in this item; provided further, that Tewksbury hospital shall not be used to house county, state or other prisoners; provided further, that the department shall take no action to reduce or realign the client population and services at Tewksbury hospital unless such action results in alternative service delivery in an appropriate and cost-effective method of care; provided further, that staffing configurations at Tewksbury hospital shall be consistent with the client population and service realignment; provided further, that $241,743 shall be made available for the fourth of 6 annual TELP payments for a CT scanner procured for Lemuel Shattuck hospital; provided further, that reimbursements received for medical services provided at the Lemuel Shattuck hospital to inmates of county correctional facilities not managed by private health care vendors shall be credited to item 4590-0903 of section 2B; and provided further, that, notwithstanding any general or special law to the contrary, the department shall seek to obtain federal financial participation for care provided to inmates of the department of correction and of county correctional facilities who are treated at the public health hospitals............................................................................... $133,551,042
4590-0917 The department of public health may expend an amount not to exceed $4,000,000 from payments received from the vendor managing health services for state correctional facilities for inmate medical services provided by the Lemuel Shattuck hospital; provided, that the payments may include capitation payments, fee for service payments, advance payments and other compensation arrangements established by contract between the vendor and the hospital; 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 therefore as reported in the state accounting system.......................................................................... $4,000,000
4590-1503 For the pediatric palliative care program established in section 24K of chapter 111 of the General Laws.............................................................................................................. $800,000
OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.
Department of Social Services.
4800-0015 For central and area office administration; provided, that the associated expenses of employees whose AA object class costs are paid from item 4800-1100 shall be paid from this item; provided further, that no funds shall be expended from this item for the compensation of unit 8 employees; provided further, that the department shall not place a child or adolescent referred by, or discharged from, the care of the department of mental health until the latter department forwards an assessment and recommendation as to whether the child or adolescent may be appropriately placed in foster care or, if due to severe emotional disturbance, is more appropriate for group care; provided further, that the department, in consultation with the department of mental health, shall establish guidelines to assist the latter department in making such assessments and recommendations; provided further, that, unless otherwise authorized, all funds, including federal reimbursements received by the department shall be credited to the General Fund; provided further, that the Commissioner may transfer between items 4800-0015, 4800-0016, 480025, 4800-0036, 4800-0038, 4800-0041, 4800-0091, 4800-0151, 4800-1100 and 4800-1400; provided further, that any transfer authorized pursuant to this item shall not exceed 5 percent of the total amount appropriated for that item; provided further, that 30 days prior to any such transfer, the commissioner shall submit an allocation plan detailing the distribution of the funds to be transferred to the house and senate committees on ways and means; and provided further, that the commissioner shall not transfer any funds prior to May 15, 2008.......................................................................... $78,958,785
4800-0016 The department of social services may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; and provided further, that notwithstanding any general or special law to the contrary, the commissioner of social services may enter into a contract with Roca, Inc., a not for profit community based agency, to manage the transitional employment program and to provide services to participants from the ageing out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs............................................................................ $2,000,000
4800-0025 For foster care review services........................................................................ $2,821,775
4800-0036 For a sexual abuse intervention network program to be administered in conjunction with the district attorneys; provided, that each district attorney shall receive not less than the amount it received in the previous fiscal year for the sexual abuse intervention program ........................ $739,182
4800-0038 For stabilization, unification, reunification, permanency, adoption, guardianship and foster care services provided by the department of social services; provided, that services funded through this item shall include shelter services, substance abuse treatment, family reunification networks, young parent programs, parent aides, education and counseling services, family preservation services, foster care, adoption and guardianship subsidies, tiered reimbursements used to promote the foster care placement of children with special medical and social needs, assessment of the appropriateness of adoption for children in the care of the department for more than 12 months, protective services provided by partnership agencies, targeted recruitment and retention of foster families, respite care services, post-adoption services, support services for foster, kinship and adoptive families and juvenile firesetter programs; provided further, that any child who would have been eligible for a clothing benefit under regulations in place on January 1, 2006, shall receive a clothing benefit in fiscal year 2008; provided further, that not later than February 15 of the current fiscal year, the department shall provide to the house and senate committees on ways and means a recommendation on whether or not to discontinue any program, including earmarked programs, the cost of which, per unit of service or service outcomes, do not fall within a reasonable standard; provided further, that the department shall submit to the chairs of the joint committee on children and families and the chairs of the house and senate committees on ways and means a report detailing the progress of the Family Networks System of care not later than August 17, 2007 and shall report quarterly to the committees on the status of the Family Networks System; provided further, that the report shall contain information on the number of children served, their ages, the number of children served in each service plan, the number of children in out-of-home placements and the number of placements each child has had before receiving an out-of-home placement; provided further, that the report shall also contain the number of families receiving multiple 51As within a 10-month period, the number of cases reopened within 6 months of being closed, and the number of children who return home and then re-enter an out-of-home placement within 6 months; provided further, that not less than $2,300,000 shall be expended for the Young Parent Support Program; and provided further, that not less than $500,000 shall be expended on the recruitment and retention of foster parents; provided further, that not less than $348,850 shall be expended for Latinas y Ninos and Casa Esperanza.......................................................... $289,522,322
4800-0041 For group care services; provided, that funds may be expended from this item to provide intensive community based services to children who would otherwise be placed in residential settings; provided further, that the department shall form area review teams that shall evaluate the feasibility of maintaining the child in the community in this manner wherever possible before recommending placement in a residential setting; and provided further, that the department shall provide quarterly reports to the chairs of the joint committee on children and families and the chairs of the house and senate committees on ways and means detailing the number of children diverted from residential settings, the programs in which they were placed, the associated cost savings from the diversion and any other measurements that would help assess the success of these programs in promoting the health and well-being of children............................................................ $249,168,470
4800-0091 The department of social services may expend not more than $3,000,000 in federal reimbursements received under Title IV-E of the Social Security Act during fiscal year 2008 for the purposes of developing a training institute for professional development of social workers at the department of social services with the University of Massachusetts Medical School and Salem State College; provided, that for the purposes 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 lesser of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $3,000,000 shall be credited to the General Fund; and provided further, that no funds shall be expended from this item for lease-purchases or the Family-Net system......... $3,000,000
4800-0151 For a program to provide alternative overnight non-secure placements for status offenders and nonviolent delinquent youths up to the age of 17 in order to prevent the inappropriate use of juvenile cells in police stations for such offenders, in compliance with the federal Juvenile Justice and Delinquency Prevention Act of 1974; provided, that the programs which provide the alternative non-secure placements shall collaborate with the appropriate county sheriff’s office to provide referrals of those offenders and delinquent youths to any programs within the sheriff’s office designed to positively influence youths or reduce, if not altogether eliminate, juvenile crime; provided further, that the department of social services shall file a report detailing the number of children in need of services as defined in section 21 of chapter 119, for whom a parent or legal guardian, police officer or supervisor of attendance appointed pursuant to section 19 of chapter 76 seeks assistance; provided further, that the department of social services shall compile this report in collaboration with the juvenile court, the department of probation, the department of mental health, the department of youth services, the department of education and the executive office of health and human services; provided further, that the review shall contain information on the demographics of the population of children served, the contacts a child has with executive of judicial agencies and departments, the service needs identified for each child, recidivism rates and the outcome of individual cases; provided further, that information identifying individual persons shall not be included in this report; and provided further, that the department of social services in collaboration with those agencies, shall report its findings to the chairs of the house and senate committees on ways and means and the chairs of the joint committee on children and families no later than October 12, 2007 $319,171
4800-1100 For the AA object class costs of the department’s social workers; provided, that funds shall be directed toward mitigating social worker caseloads in those area offices furthest above the statewide weighted caseload standard and toward achieving a social worker caseload ratio of 18 to 1 statewide; provided further, that the department shall report monthly to the house and senate committees on ways and means on the current social worker caseloads by type of case and level of social worker assigned to cases, the caseload ratio of each social worker with a caseload ratio in excess of 18 to 1, the office in which each of the social workers works and the total number of social workers in excess of the 18 to 1 ratio by region; provided further, that only employees of bargaining unit 8 as identified in the Massachusetts personnel administrative reporting and information system shall be paid from this item; and provided further, that any other payroll or administrative expenses associated with the management or support of such employees shall be paid from item 4800-0015 .......................................................................... $147,289,334
4800-1400 For shelters and support services for people at risk of domestic violence; provided, that the department shall pursue the establishment of public-private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that services shall include supervised visitation programs, certified batterer intervention programs for indigent batterers and their families, and scattered site transitional housing programs, including programs to assist victims of domestic violence in finding and maintaining permanent housing; provided further, that participants in battered women's programs shall be provided with information regarding local transitional housing resources; provided further, that funding shall be made available to enhance counseling services for children who have witnessed domestic violence; provided further, that funding shall be made available for emergency shelters for substance abusing battered women; provided further, that funding shall be made available for a statewide domestic violence hotline; provided further, that the department shall continue to provide any match funding required by federal program regulations; and provided further, that domestic violence prevention specialists shall be funded from this item................................................................................... $21,280,021
OFFICE OF HEALTH SERVICES.
Department of Mental Health.
5011-0100 For the operation of the department; provided, that the department shall not refer or discharge a child or adolescent to the custody or care of the department of social services until the department of mental health forwards its assessment and recommendation as to whether the child or adolescent is appropriate for foster care or, due to severe emotional disturbance, is more appropriate for group care; and provided further, that notwithstanding any general or special law to the contrary, the department of mental health shall report annually to the house and senate committees on ways and means on civil commitments................................... $40,141,898
5042-5000 For child and adolescent services, including the costs of psychiatric and related services provided to children and adolescents determined to be medically ready for discharge from acute hospital units or mental health facilities and who are experiencing unnecessary delays in being discharged due to the lack of more appropriate settings; provided, that for the purpose of funding those services, the commissioner of mental health may allocate funds from the amount appropriated in this item to other departments within the executive office of health and human services; provided further, that the department shall submit a report to the house and senate committees on ways and means not later than January 18, 2008 on the results of the collaboration between the department and the other departments within the executive office of health and human services; provided further, that the report shall detail the current status of the implementation of clinically appropriate service models for that population of children and adolescents, remaining disparities in the service system which require children and adolescents to be served in unnecessarily restrictive or otherwise clinically inappropriate settings and changes during fiscal years 2006 and 2007 in the clinical acuity of children and adolescents; provided further, that the department shall submit to the house and senate committees on ways and means not later than November 17, 2007 a report detailing the implementation of the settlement agreement, dated August 29, 2006, and entered into by the parties of Rosie D. et al V. Romney, civil action No. 01-30199-MAP, filed in the United States District Court in order to provide community based services to children suffering from severe emotional disturbances, that shall include a schedule detailing the commencement of services and cost to implement the settlement by service type; provided further, that said report shall detail the impact on the number of residential placements provided for in item 5095-0015; and provided further, that not less than $1,800,000 shall be expended from this item in fiscal year 2008 to ensure that a licensed practitioner or a licensed nurse administers medication to children and adolescents whose mental health services are delivered by public or private providers of those services $73,530,647
5046-0000 For adult mental health and support services; provided, that the department shall allocate funds in an amount not to exceed $5,000,000 from item 5095-0015, to this item, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means 30 days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities; provided further, that not less than $6,000,000 shall be expended for services for clients of the department who are aging into the adult system from the child/adolescent mental health system or other systems of care if the clients meet the clinical eligibility criteria of the department; provided further, that the department shall submit a report to the house and senate committees on ways and means no later than July 18, 2007 on the feasibility of expanding this diversion program to other regions of the commonwealth; provided further, that the department shall report to the house and senate committees on ways and means on the distribution of funds per adult and child planning population and the types of services received in each region for fiscal year 2008 not later than February 8, 2008; provided further, that not less than $2,750,000 shall be expended for housing for the homeless mentally ill; provided further, that $200,000 shall be expended for jail diversion programs; provided further, that of that $200,000, $100,000 shall be expended for the jail diversion program in Framingham; provided further, that not less than $300,000 shall be expended for a pre-arrest jail diversion grant program at the Department of Mental Health for five (5) programs, but not more then $300,000 shall be expended for the continuation of said programs; and provided further, that not less than $1,900,000 shall be expended on mental health research................................................................................................... $314,475,358
5046-2000 For homelessness services.......................................................................... $22,384,507
5046-4000 The department of mental health may expend not more than $125,000 in revenue collected from occupancy fees charged to the tenants in the creative housing option in community environments, the CHOICE program authorized by chapter 167 of the acts of 1987; provided, that all fees collected under that program shall be expended for the routine maintenance and repair of facilities in the CHOICE program including the costs of personnel.............................................. $125,000
5047-0001 For emergency service programs and acute inpatient mental health care services; provided, that the department shall continue an interagency service agreement with the executive office of health and human services for the purchase of services and for such other services as the agreement may provide including, but not limited to, acute inpatient care and diversionary services; provided further, that the most recent savings projection from the implementation of the agreement may be expended for community services in the MM object class of this item; and provided further, that the emergency service programs shall take all reasonable steps to identify and invoice the third party insurer of all persons serviced by the programs................................................................. $36,159,118
5055-0000 For forensic services provided by the department; provided, that no less than $500,000 shall be expended to sustain and expand services provided through juvenile court clinics. $6,848,869
5095-0015 For the operation of adult inpatient facilities, including the community mental heath centers; provided, that in order to comply with the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close psychiatric hospitals managed by the department and shall endeavor within available resources to discharge clients residing in the inpatient facilities to residential services in the community when the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed facility; and provided further, that the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at the centers and facilities.................................................................................. $171,483,524
Department of Mental Retardation
5911-1003 For the administration and operations of the department of mental retardation; provided that the department shall not charge user fees for transportation or community day services; and provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications of requests for transfer of guardianship; provided further, that notwithstanding any general or special law to the contrary, in fiscal year 2008 the comptroller shall transfer from the Department of Mental Retardation Trust Fund established under section 2RRR of chapter 29 of the General Laws an amount sufficient to reflect the costs of the assessment on public facilities collected under section 27 of chapter 118G of the General Laws and an amount sufficient to fund rate increases for services provided to MassHealth members by nonpublic intermediate care facilities and community-based residences; provided further, the comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above; and provided further, that the assessments shall not be collected and the expenditures shall not be authorized until the department of mental retardation and the executive office of health and human services certify the receipt of federal approval of any home and community-based waiver amendments and related Title XIX state plan amendments, if required; and provided further, that the department shall submit a semi-annual report to the house and senate committees on ways and means detailing the total number of service coordinators within the department, the number of consumers served by said coordinators, and the amount of time spent per month per consumer.............................................................................. $73,226,467
5911-2000 For transportation costs associated with the adult services program; provided, that the department shall provide transportation on the basis of priority of need as determined by the department ................................................................................................................. $13,972,324
5920-2000 For vendor-operated community-based residential adult services, including intensive individual supports; provided, that $12,365,262 shall be expended in annualized funding for turning 22 clients who began receiving the services in fiscal year 2007 pursuant to item 5920-5000 of section 2 of chapter 139 of the acts of 2006; provided further, that $8,250,000 shall be expended for the fiscal year 2007 annualized cost of the settlement agreement Rolland vs. Cellucci, so-called and $5,000,000 shall be expended for the fiscal year 2008 cost of the settlement; provided further, that the commissioner of the department of mental retardation shall transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer; provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2008; provided further, that not less than $100,000 shall be allocated for Special Olympics for the purpose of unified sports; provided further, that not less than $500,000 shall be expended for Best Buddies Massachusetts................................................................................................................ $549,157,636
5920-2006 For the implementation of a residential rate initiative; provided, that the department shall submit a report to the house and senate committees on ways and means no later than January 18, 2008 detailing the use of these funds to establish a rate system for vendor operated residential services................................................................................................................... $2,000,000
5920-2010 For state-operated community-based residential services for adults, including community-based health services for adults; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item .............................................................. $130,964,744
5920-2020 For compliance with the terms of the settlement agreement, dated December 19, 2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000............................................................... $87,812,812
5920-2025 For community-based day and work programs for adults and for $3,532,932 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2007 under item 5920-5000 of section 2 of chapter 139 of the acts of 2006............................................................. $121,481,711
5920-3000 For respite services and intensive family supports and for $1,766,466 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2007 pursuant to item 5920-5000 of section 2 of chapter 139 of the acts of 2006; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services .............................. $55,371,374
5920-3010 For contracted support services for families with autistic children through the autism division at the department of mental retardation; provided further, that no less than $2,000,000 shall be expended for the purposes of providing services under the children’s autism Medicaid waiver application submitted pursuant to chapter 107 of the acts of 2005; provided further, that at a minimum, this waiver shall include children with autism spectrum disorder ages 0-8, including children with autism spectrum disorder ages 0-3 receiving services through the department of public health’s early intervention program; provided further, that the income eligibility for the waiver shall not be any lower than MassHealth standard income eligibility for children to the extent feasible, and in the event that it is not feasible, the department shall provide the house and senate committees on ways and means and the joint committee on education no later than March 1, 2008 with projected steps and a timetable for ensuring that as soon as possible income eligibility for the waiver is not lower than MassHealth Standard income eligibility for children; provided further that the department shall take all steps necessary to ensure that eligible children with autism immediately begin to receive services pursuant to said waiver; provided further that the department shall immediately file any waiver amendments necessary to comport with the requirements of this item with the Centers for Medicare and Medicaid Services; further, that the department shall report to the house and senate committees on ways and means and the joint committee on education on the number of contracted support services provided for families with autistic children under this item, and the costs associated with those services, not later than March 1, 2008; and provided further, that the department shall submit copies of the amended waiver to the house and senate committees on ways and means and the joint committees on education no later than December 31, 2007............................................................................................................................................................ $3,002,672
5920-5000 For services to clients of the department who turn 22 years of age during state fiscal year 2008; provided, that the amount appropriated under this item shall not annualize to more than $13,600,000 in fiscal year 2008; provided further, that the department shall report to the house and senate committees on ways and means not later than January 9, 2008, on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region........................ $6,500,000
5930-1000 For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin Regional Center; provided, that in order to comply with the provisions of the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close intermittent care facilities for the mentally retarded, in this item called ‘ICF/MRs’, managed by the department and shall endeavor, within available resources, to discharge clients residing in the ICF/MRs to residential services in the community if the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in ICF/MRs; provided further, that any client transferred to another ICF/MR as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed ICF/MR; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative, including both past actions and proposed future actions; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item................................. $182,759,388
5982-1000 The department of mental retardation may expend not more than $100,000 accrued through the sale of milk and other farm-related and forestry products at the Templeton Developmental Center for program costs of the center, including supplies, equipment and maintenance of the facility; provided, that notwithstanding any general or special law to the contrary and 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 therefore as reported in the state accounting system ....................................................... $100,000
EXECUTIVE OFFICE OF TRANSPORTATION
Office of the Secretary.
6000-0100 For the office of the secretary of transportation; provided, that the office shall collaborate with the department of transitional assistance in its efforts to develop a program of transportation services for current and former recipients of the transitional aid to families with dependent children program pursuant to item 4401-1000; provided further, that the office shall submit to the joint committee on transportation and the house and senate committees on ways and means monthly reports detailing projects funded through the statewide transportation improvement program including, but not limited to, the location of the projects, the cost of the projects, the date of advertisement of the projects, the commencement date of the projects, the projected completion date of the projects and the source of funds for the projects; provided further, that the office shall also provide the committees with quarterly reports detailing construction and reconstruction projects on town and county ways as described in paragraph (a) of clause (2) of the first paragraph of section 34 of chapter 90 of the General Laws for which municipalities are projected to seek, have filed claims or have been paid state reimbursement; provided further, that a city or town shall comply with the procedures established by the secretary to obtain the necessary information to produce the reports; provided further, that the reports shall include, but not be limited to, the cost of the projects by city or town, the source of funding of the projects by city or town and the commencement and completion dates of the projects by city or town; provided further, that the secretary of the executive office of transportation, in collaboration with the commissioner of highways, shall file a report each year with the joint committee on transportation and the house and senate committees on ways and means not later than June 30, 2008; provided further, that the report shall include spending in the commonwealth through the statewide road and bridge program, the Chapter 90 program, the Small Town Road Assistance Program and all other programs expending funds for road and bridge projects within the commonwealth; provided further, that the report shall detail the location of the project by city or town, a brief project description, the project cost, the expected completion date, the source of funding and any other information deemed necessary; provided further, that the office shall submit to the house and senate committees on ways and means quarterly reports detailing all personnel-related expenditures made from capital funds; provided further, that the reports shall delineate for the executive office and for each agency, board, authority or commission under its control, the amounts paid in the prior quarter as compensation for each type of position assigned to capital projects that were charged to each such funding source; provided further, that the reports shall also delineate by funding source any other amounts paid for personnel-related costs that were charged to those funds, including payroll allocations for budgetary employees, fringe recovery and other chargebacks; provided further, that the reports shall identify the number of full time equivalent personnel classified in each position type; provided further, that the reports shall list all employees who are paid from this item and items 6010-0002 and 6006-0003 who also receive payments from any capital funds; provided further, that the reports shall include for each of those employees how much money the employees receive from the items and how much money each employee receives from any capital funds; provided further, that the reports shall delineate the information for full-time employees, part-time employees and contracted personnel; and 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....... $5,151,309
Highway Fund.......................................................... 100.0%
6000-0110 For the purpose of property management and maintenance of railroad properties owned by the executive office of transportation on behalf of the commonwealth, including the cost of personnel; provided, that the office may expend an amount not to exceed $27,344 from the rents and fees received pursuant to section 4 of chapter 161C of the General Laws ...................... $27,344
6000-0200 For the inter-district transportation program; provided, that this program shall include maintenance and expansion on routes serviced through the inter-district transportation program in fiscal year 2007; provided, that in fiscal year 2008 the level of service shall remain the same as fiscal year 2007; provided further, that the program shall be administered by the executive office of transportation; provided further, that the executive office of transportation shall negotiate an extension of all existing contracts for fiscal year 2008; provided further, that before the execution of the extensions, and at the end of fiscal year 2008, the executive office shall request and each contractor shall provide all necessary books, materials, records and other compilations of data from each contractor to establish the appropriate state subsidy associated with each bus route; and provided further, that the compilations of data shall be made available to the senate and house committees on ways and means and the joint committee on transportation not later than December 15, 2007....................................................................................................... $1,919,000
6005-0015 For certain assistance to the regional transit authorities, including operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the inter-city bus capital assistance program; provided, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July 1, 2007 and ending June 30, 2007, may enter into contracts with the authorities; provided further, that notwithstanding section 152A of chapter 161, and section 23 of chapter 161B of the General Laws, the amount shall be at least 50 per cent and up to 75 per cent of the net cost of service of each authority incurred in fiscal year 2007 shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that notwithstanding any general or special law to the contrary, for fiscal year 2009 the full amount appropriated by the commonwealth for the authorities for fiscal year 2008 fiscal year costs shall not be allocated until the secretary of transportation has certified that the authorities have provided all necessary information pursuant to the provisions of clause (g) of section 8 of chapter 161B of the General Laws; provided further, that until said certification by the secretary 25 per cent of the amount paid by the commonwealth shall be placed i