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SECTION 2.
0320-0003 For the operation of the supreme
judicial court, including salaries of the chief justice and the 6 associate
justices............................................................................................................................................................. $8,294,996
0320-0010 For the operation of the clerk’s office of the supreme judicial
court for Suffolk county........... $1,283,205
0321-0001 For the operation of the commission on judicial conduct................................................................. $566,753
0321-0100 For
the services of the board of bar examiners................................................................................ $1,108,593
Committee for Public
Counsel Services.
0321-1500 For
the operation of the committee for public counsel services, as authorized by
chapter 211D of the General Laws; provided, that the committee shall submit a
report to the clerks of the house of representatives and senate not later than
0321-1510 For
compensation paid to private counsel assigned to criminal or civil cases pursuant
to subsection (b) of section 6 of chapter 211D of the General Laws; provided,
that not more than $2,000,000 of the sum appropriated in this item may be
expended for services rendered before fiscal year 2009......................................................... $140,345,728
0321-1518 For
the chief counsel for the committee for public counsel services; provided, that
the chief counsel 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 2009...................................................... $11,456,513
0321-1600 For
the Massachusetts Legal Assistance Corporation to provide legal representation to
indigent or otherwise disadvantaged residents of the commonwealth; provided,
that notwithstanding the first paragraph of
section 9 of chapter 221A of the General Laws, not less than $1,204,604
shall be expended for the disability benefits project; provided further, that
not less than $544,286 shall be expended for the Medicare Advocacy Project;
provided further, that not less than $2,490,993 shall be expended for the
Battered Women’s Legal Assistance Project; provided further, that the
corporation shall submit a report to the house and senate committees on ways
and means not later than
0321-2000 For
the operation of the mental health legal advisors committee and for certain
programs for the indigent mentally ill, established pursuant to section 34E of
chapter 221 of the General Laws................................... $789,550
0321-2100 For
the
0321-2205 For
the expenses of the social law library located in
0322-0100 For
the appeals court, including the salaries, traveling allowances and expenses of
the chief justice, recall judges and the associate justices............................................................................................................................ $11,264,740
0330-0101 For
the salaries of the justices of the trial court; provided, that the chief
justice for administration and management shall provide written notification to
the house and senate committees on ways and means of any transfer of funds from
this item to any other item of appropriation within 30 days of the transfer.................................. $50,653,065
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 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 other 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 such veteran, 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 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; and provided further, that the report shall
be submitted to the victim and witness assistance board on or before January
12, 2009.................................... $135,665,342
0330-0317 For
the operation and expenses of the
0330-0410 For
alternative dispute resolution services for the trial court; provided, that the
services shall be made available, to the extent possible, in connection with
child care, protection and custody proceedings in juvenile and probate courts;
provided further, that not less than $75,000 shall be expended for the Housing
Services and Mediation Program operated by the Berkshire County Regional
Housing Authority in Pittsfield; provided further, that not less than $60,000
shall be expended for North Central Court Services, Inc.; provided further,
that not less than $65,000 shall be expended for the North Shore Community
Mediation Program in Salem; provided further, that not less than $65,000 shall be
expended for Metropolitan Mediation Services; provided further, that not less
than $62,811 shall be expended for Mediation Works, Inc.; provided further,
that not less than $50,000 shall be expended for Quabbin Mediation in Athol;
provided further, that not less than $50,000 shall be expended for the
Mediation and Training Collaborative of Franklin County in Greenfield; provided
further, that not less than $65,000 shall be expended for Framingham Court
Mediation Services; provided further, that not less than $60,000 shall be
expended for the Cape Cod Dispute Resolution Center; provided further, that not
less than $65,000 shall be expended for the Community Dispute Settlement
Center, Inc., of Cambridge; provided further, that not less than $50,000 shall be
expended for the Greater Brockton Center for Dispute Resolution; provided
further, that not less than $48,031 shall be expended for the Somerville
Mediation Program; provided further, that not less than $65,000 shall be
expended for the Middlesex Multi-door Court House Program; provided further,
that not less than $40,000 shall be expended for the Martha’s Vineyard
Mediation Program; provided further, that not less than $42,737 shall be
expended for Dispute Resolution Services, Inc., in the city of Springfield; and
provided further, that not less than $50,000 shall be expended for Community
Mediation of Worcester $962,768
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
0330-3333 For
the chief justice for administration and management; provided, that the chief
justice 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 further, that any expenditures or allocations shall be made in
accordance with schedules submitted to the house and senate committees on ways
and means not later than 30 days before the expenditures or allocations are
made; provided further, that a schedule detailing the full allotment of said
$20,000,000 shall be submitted to the house and senate committees on ways and
means not later than
0330-3334 For
the chief justice for administration and management; provided, that the chief
justice may expend an amount not to exceed $23,000,000 from fees charged and
collected pursuant to section 87A of chapter 276 of the General Laws; 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 not
later than 30 days before the expenditures or allocations are made; provided
further, that a schedule detailing the full allotment of said $23,000,000 shall
be submitted to the house and senate committees on ways and means not later
than
0330-3337 For additional expenses associated with the operation of the trial court; provided, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made....................................... $21,223,059
0331-0100 For the
operation of the superior court department, including costs associated with the
administrative office of the superior court department and the 15 divisions of
the superior court................................... $24,345,283
0332-0100 For
the administrative office of the district court department, including a civil
conciliation program and the 62 divisions of the district court.............................................................................................................................. $40,664,038
Probate and
0333-0002 For the administrative office of the
probate and family court department, the 14 divisions of the probate court, the
operation of the Berkshire, Franklin, Hampden and Hampshire family court clinic
to be administratively located in the city of Springfield and to serve the
Berkshire, Franklin, Hampden and Hampshire divisions of the probate court, the
Middlesex probate court family services clinic, the Norfolk probate court
family services clinic, the Worcester probate court family services clinic, the
Middlesex community access program of community outreach and education, which
shall be administered by the register of probate of Middlesex county and which
shall target low income persons who experience educational and language
barriers to court access, the Suffolk probate community access program of
community outreach and education, which shall be administered by the register
of probate of Suffolk county and which shall target low income persons who
experience educational and language barriers to court access, and for the
operation of a child and parents program in the Barnstable probate court........................... $21,899,361
0334-0001 For
the operation of the land court.................................................................................................... $2,479,415
0335-0001 For
the operation of the
0336-0002 For
the operation of the housing court department, including costs associated with
the administrative office of the housing court department and the 5 divisions
of the housing court....................................... $4,455,805
0337-0002 For
the administrative office of the juvenile court department and the costs
associated with the 11 juvenile courts; provided, that $145,841 shall be
expended for the
Office of the
Commissioner of Probation.
0339-1001 For
the office of the commissioner of probation; provided, that notwithstanding any
general or special law, rule or regulation to the contrary, the commissioner,
subject to appropriation, shall have exclusive authority to appoint, dismiss,
assign and discipline probation officers, associate probation officers,
probation officers-in-charge, assistant chief probation officers and chief
probation officers; provided further, that the associate probation officers
shall only perform in-court functions and shall assume the in-court duties of
the currently employed probation officers who shall be reassigned within the
probation service subject to collective bargaining agreements to perform
intensive, community-based supervision of probationers, including the
provisions of intensive supervision and community restraint services as
described in item 0339-1004; provided further, that not less than $2,771,000
shall be expended for costs associated with full implementation of chapters 303
and 418 of the acts of 2006 to ensure effective supervision of probationers who
are monitored through global positioning system bracelets; 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 department’s
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........................................................................................................ $137,034,452
0339-1003 For the operation of the trial court office of community
corrections, including the costs of personnel; provided, that no funds shall be
expended from this item to cover the costs of building leases........................ $6,734,529
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 such programs in Barnstable, Berkshire, Bristol, Dukes, Essex,
Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk,
and Worcester counties in fiscal year 2009; 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 such 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 such agreements and memoranda shall
be entered into at the direction of the executive director; provided further,
that the executive director shall submit a spending and management plan for the
programs to the house and senate committees on ways and means not later than
Office of the Jury
Commissioner.
0339-2100 For
the office of the jury commissioner in accordance with chapter 234A of the
General Laws $2,702,029
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 2, 2009, summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2008 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 2,
2009, 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) the total number of
personnel from private law firms participating in the program; (2) the name and
address of the law firms; (3) the duties performed by the personnel; and (4)
the benefits and cost savings associated with the program; provided further, that
not more than $125,000 shall be expended for a North Dorchester safe
neighborhood initiative in Suffolk county; provided further, that 50 per cent
of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d)
and 30 (c)(8) for appeals taken by the office shall be paid from this item;
provided further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 16, 2009, 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) the amount of the funds deposited into the
office’s special law enforcement trust fund in fiscal years 2006, 2007 and
2008; (b) a description of how the funds were used in those fiscal years; and
(c) the balance of the trust fund as of January 1, 2009; 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............................................................................................................................................. $16,443,097
0340-0101 For
the overtime costs of state police officers assigned to the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2,
2009, summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2008 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 16, 2009, 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) the amount
of the funds deposited into the office’s special law enforcement trust fund in
fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used
in those fiscal years; and (c) the balance of the trust fund as of January 1,
2009; provided further, that the office shall submit a report to the house and
senate committees on ways and means not later than February 2, 2009,
summarizing the number and types of criminal cases managed or prosecuted by
said office in calendar year 2009 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 2, 2009, 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) the total number of personnel from private law
firms participating in the program; (2) the name and address of the law firms;
(3) the duties performed by the personnel; and (4) the 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................................................................................................ $14,245,849
0340-0201 For
the overtime costs of state police officers assigned to the Middlesex district
attorney’s office $560,558
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2,
2009, summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2008 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 16, 2009, 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) the amount of the
funds deposited into the office’s special law enforcement trust fund in fiscal
years 2006, 2007 and 2008; (b) a description of how the funds were used
in those fiscal years; and (c) the balance of the trust fund as of January 1,
2009; 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 2, 2009, 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) the total number of personnel from private law firms participating in the
program; (2) the name and address of the law firms; (3) the duties performed by
the personnel; and (4) the benefits and cost savings associated with the
program................................................ $8,751,724
0340-0301 For
the overtime costs of state police officers assigned to the Eastern district
attorney’s office $547,389
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2,
2009, summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2008 and the disposition or status thereof,
which shall be delineated by each jurisdiction of the district, juvenile,
probate or superior court in which the cases were managed or prosecuted;
provided further, that $75,000 may be expended for financial criminal
investigations; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 16, 2009, 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) the amount of the funds deposited into the office’s special law
enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description
of how the funds were used in those fiscal years; and (c) the balance of the
trust fund as of January 1, 2009; provided further, that the office shall submit
a report to the house and senate committees on ways and means not later than February
2, 2009, 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) the total number of
personnel from private law firms participating in the program; (2) the name and
address of the law firms; (3) the duties performed by the personnel; and (4)
the 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......................................................................................................................... $9,205,428
0340-0401 For the overtime costs of state police officers assigned to
the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
0340-0410 For the analysis of narcotic drug synthetic substitutes,
poisons, drugs, medicines and chemicals at the
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 2, 2009, summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2008 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 16, 2009, 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) the amount of the funds deposited into the office’s special law
enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description
of how the funds were used in those fiscal years; and (c) the balance of the
trust fund as of January 1, 2009; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 2, 2009, 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) the total
number of personnel from private law firms participating in the program; (2)
the name and address of the law firms; (3) the duties performed by the
personnel; and (4) the 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............................................................... $8,328,979
0340-0501 For the overtime costs of state police officers assigned to
the Hampden district attorney’s office $359,681
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
2, 2009, summarizing the number and types of criminal cases managed or
prosecuted by the office in calendar year 2008 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 16, 2009, 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) the amount of the funds deposited into the office’s special law
enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description
of how the funds were used in said fiscal years; and (c) the balance of the
trust fund as of January 1, 2009; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 2, 2009, 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) the total
number of personnel from private law firms participating in the program; (2)
the name and address of the law firms; (3) the duties performed by the
personnel; and (4) the 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; provided further, that not less than $150,000
shall be expended for the salaries and expenses of a children’s advocacy project; and provided further, that 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 $5,185,922
0340-0601 For the overtime costs of state police officers assigned to
the Hampshire/Franklin district attorney’s office $319,357
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2,
2009, summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2008 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 16, 2009, 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) the amount
of the funds deposited into the office’s special law enforcement trust fund in
fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used
in those fiscal years; and (c) the balance of the trust fund as of January 1,
2009; provided further, that the office shall submit a report to the house and
senate committees on ways and means not later than February 2, 2009, 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) the total number of personnel from private law
firms participating in the program; (2) the name and address of the law firms;
(3) the duties performed by the personnel; and (4) the 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............................................................... $8,529,225
0340-0701 For the overtime costs of state police officers assigned to
the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2,
2009, summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2008 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 16, 2009, 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) the amount
of the funds deposited into the office’s special law enforcement trust fund in
fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used
in those fiscal years; and (c) the balance of the trust fund as of January 1,
2009; provided further, that the office shall submit a report to the house and
senate committees on ways and means not later than February 2, 2009, 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) the total number of personnel from private law
firms participating in the program; (2) the name and address of the law firms;
(3) the duties performed by the personnel; and (4) the 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............................................................... $7,399,913
0340-0801 For the overtime costs of state police officers assigned to
the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2, 2009,
summarizing the number and types of criminal cases managed or prosecuted by the
office in calendar year 2008 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 2, 2009,
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) the total number of personnel from
private law firms participating in the program; (2) the name and address of the
law firms; (3) the duties performed by the personnel; and (4) the 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 16, 2009, 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) the
amount of the funds deposited into the office’s special law enforcement trust
fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds
were used in those fiscal years; and (c) the balance of the trust fund as of
January 1, 2009; 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; and provided further,
that not less than $150,000 shall be expended for the purpose of establishing a
pilot program for the provision of classroom-based educational programs in
schools within Bristol county to be administered by the Bristol county district
attorney, to prevent relationship violence........................................................................................................................ $7,551,237
0340-0901 For the overtime costs of state police officers assigned to
the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
Cape and Islands District Attorney.
0340-1000 For
the Cape and Islands district attorney’s office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution
program and the domestic violence unit; provided, that $125,000 shall be
expended to support the sex offender management unit; provided further, that 2
prosecutors and administrative support shall be provided to the Cape Cod
offender management task force; provided further, that the office shall submit
a report to the house and senate committees on ways and means not later than February
2, 2009, summarizing the number and types of criminal cases managed or
prosecuted by the office in calendar year 2008 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 2, 2009, 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) the total number of personnel from private law firms participating in the
program; (2) the name and address of the law firms; (3) the duties performed by
the personnel; and (4) the benefits and cost savings associated with the
program; provided further, that not more than $20,000 be expended for Cape
& Islands Child Advocacy Center at Children’s Cove in Hyannis; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 16, 2009, 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) the amount of the funds deposited into the
office’s special law enforcement trust fund in fiscal years 2006, 2007 and
2008; (b) a description of how the funds were used in those fiscal years; and
(c) the balance of the trust fund as of January 1, 2009; 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.... $3,763,148
0340-1001 For the overtime costs of state police officers assigned to
the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
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 2,
2009, summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2008 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 16, 2009,
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) the amount of the funds
deposited into the office’s special law enforcement trust fund in fiscal years
2006, 2007 and 2008; (b) a description of how the funds were used in those
fiscal years; and (c) the balance of the trust fund as of January 1, 2009;
provided further, that $150,000 shall be expended for the operation and
management of the Berkshire county drug 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 2, 2009, 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) the total number of personnel from private law firms participating in the
program; (2) the name and address of the law firms; (3) the duties performed by
the personnel; and (4) the 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.......................
$3,665,579
0340-1101 For the overtime costs of state police officers assigned to
the
General Fund....................................................................................... 11.80%
Highway Fund..................................................................................... 88.20%
DISTRICT ATTORNEYS’ ASSOCIATION.
0340-2100 For
the operation of the Massachusetts District Attorney’s Association, including
the implementation and related expenses of the district attorney’s 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 2009 appropriation to the Massachusetts District
Attorney’s 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 11 district
attorney’s 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
district attorney’s office for further investigation pursuant to section 51B of
chapter 199 of the General Laws; (2) the number of such referrals resulting in
the filing of criminal charges, delineated by type of charge; (3) the number of
such cases referred to each district attorney’s office that remain open as of
the date for submission of such report; and (4) the number of such cases
resulting in a criminal prosecution, and the disposition of each such
prosecution; provided further, that the report shall be submitted to the house
and senate committees on ways and mean on or before March 16, 2009; provided
further, that each district attorney shall submit a report to the Massachusetts
District Attorney’s 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, 2009; provided
further, that the report shall include, but not be limited to, an analysis of
the total cost of the district attorney’s 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 2009 and a detailed
summary of any policies implemented to contain the costs of the network by
either the Massachusetts District Attorney’s Association or the individual
district attorney’s 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 30, 2009 detailing, by district attorney office, all sources of
revenue, including, but not limited to, federal and state grants that were
received in fiscal year 2008, and the amount of each source of revenue................ $1,786,550
0340-2117 For
the retention of assistant district attorneys with more than 3 years of
experience; provided, that the Massachusetts District Attorneys Association shall
transfer funds to the AA object class in each of the 11 district attorney
offices in the commonwealth; provided further, that the association shall
develop a formula for distribution of the funds; provided further, that funds
distributed from this item to the district attorneys’ offices shall be used for
retention purposes and shall not be transferred out of the AA object class;
provided further, that not more than $100,000 shall be distributed to any 1 district
attorney’s office; provided further, that the association shall submit a report
to the house and senate committees on ways and means not later than
0340-8908 For
the costs associated with maintaining the Massachusetts District Attorneys Association’s
wide area network............................................................................................................................................................. $1,344,244
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 2009..................................................................................................... $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, prior appropriation continued.
0411-1003 For
costs associated with maintaining and enhancing the commonwealth’s Washington,
DC office for the purpose of better coordinating all activities and programs
that receive or may potentially receive federal funds or are regulated by
federal agencies................................................................................................................................... $453,292
0411-1005 For the operation of the office of the child advocate......................................................................... $300,000
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 and compensation rates and lengths
of service for each employee; provided further, that the office shall submit
the report not later than
0511-0001 For
the office of the state secretary; provided, that the secretary may expend
revenues not to exceed $30,000 from the sale of merchandise at the state house gift shop for replenishing and
restocking gift shop inventory $30,000
0511-0108 For
the state secretary, acting on behalf of the commonwealth; provided, that the
secretary 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 further, 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................................................................................................ $154,311
0511-0250 For
the operation of the archives facility............................................................................................. $481,881
0511-0260 For
the operation of the commonwealth museum............................................................................... $959,755
0511-0270 For
the state secretary to contract with the
0511-0420 For
the operation of the address confidentiality program................................................................. $113,269
0517-0000 For
the printing of public documents................................................................................................... $909,008
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 state secretary 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
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
0524-0000 For
providing information to voters.................................................................................................. $1,782,807
0526-0100 For
the operation of the
0527-0100 For
the operation of the ballot law commission.................................................................................... $12,380
0528-0100 For
the operation of the records conservation board.......................................................................... $39,459
0540-0900 For the registry of deeds located in
0540-1000 For the registry of deeds located in
0540-1100 For the registry of deeds in the former
0540-1200 For the registry of deeds in the former
0540-1300 For the registry of deeds in the former
0540-1400 For the registry of deeds located in
0540-1500 For the registry of deeds located in
0540-1600 For the registry of deeds located in
0540-1700 For the registry of deeds located in
0540-1800 For the registry of deeds located in Great Barrington in the
former
0540-1900 For the registry of deeds in the former
0540-2000 For
the registry of deeds located in
0540-2100 For
the registry of deeds located in the city of
TREASURER
Office
of the Treasurer and Receiver General.
0610-0000 For
the office of the treasurer and receiver-general; provided, that the treasurer
shall provide computer services required by the teachers’ retirement board;
provided further, that not less than $37,000 shall be granted to the elder
advocacy organization known as the Silver-Haired Legislature; provided further,
that the treasurer’s office shall submit a report to the victim and witness
assistance board which details the amount of assessments transmitted to the
treasurer during the previous calendar year on a monthly basis from the courts,
the registrar of motor vehicles and the sheriff or superintendent of any
correctional facility pursuant to section 8 of chapter 258B; provided further,
that the report shall be submitted to the board on or before
General Fund....................................................................................... 90.0%
Highway Fund..................................................................................... 10.0%
0610-0050 For
the administration of the alcoholic beverages control commission in its efforts
to regulate and control the conduct and condition of traffic in alcoholic
beverages; provided, that said commission shall maintain at least 1 chief
investigator and other investigators for the purpose of regulating and
controlling the traffic of alcoholic beverages; provided further, that said
commission shall 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................................................................................................... $2,037,649
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; and provided further, that said commission
shall submit a report to the house and senate committees on ways and means not
later than
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 2008 shall be available
for expenditure until
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.......................................................................................................................... $1,592,500
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; provided that the
Treasurer’s office shall provide immediate written notification to the
secretary of administration and finance and the house and senate committees on
ways and means upon the expenditure of the funds appropriated herein.................................................................................................................. $200,000
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 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
0640-0005 For
the costs associated with the continued implementation of the monitoring of
games; 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................................................................................................................. $4,175,484
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 the lottery commission may
continue to develop regional environmental awareness events to limit the number
of discarded instant tickets that become litter; provided further, that not
later than
0640-0096 For
the purpose of the commonwealth’s fiscal year 2009 contributions to the health
and welfare fund established pursuant to the collective-bargaining agreement
between the lottery commission and the service employees international union,
Local 254,
0640-0300 For
the services and operations of the council, including grants to or contracts
with public and non-public entities; provided, that notwithstanding any general
or special law to the contrary, the council may expend the amounts herein
appropriated for the purposes of the council as provided in sections 52 to 58,
inclusive, of chapter 10 of the General Laws in amounts and at times as the
council may determine pursuant to section 54 of said chapter 10; provided
further, that 25 per cent of the amount appropriated herein shall be
transferred quarterly from the Arts Lottery Fund to the General Fund; provided
further, that any funds expended from this item for the benefit of
schoolchildren shall be expended for the benefit of all Massachusetts
schoolchildren and on the same terms and conditions; provided further, that the
council shall not expend funds from this item for any grant or contract
recipient that, in any program or activity for Massachusetts schoolchildren,
does not apply the same terms and conditions to all such schoolchildren;
provided further, that not more than $1,000,000 of the funds appropriated
herein shall be used to assist cultural organizations in augmenting or
initiating endowments to promote the financial stability of the organizations
and the assistance shall be in the form of challenge grants to the
organizations; provided further, that in order to receive a grant a cultural
organization shall raise an amount at least equal to the amount of the grant
for the organization’s endowment; provided further, that funds provided by the
grants shall, in perpetuity, be used solely to provide free or reduced rate
public programs or services to citizens of the commonwealth; provided further,
that a grant made under this program shall not exceed $100,000; 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 the Local
Cultural Council Grant Program provide for a minimum grant of $5,000 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
nonprofit cultural organizations through 4 pilot programs to be created in 4
different regions of the state........................................................ $12,351,697
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, 2009, 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, 2009; 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........................................ $1,806,346,000
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................................................................ $102,161,000
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 and for the payment to the United States pursuant to
section 148 of the Internal Revenue Code of 1986 of any rebate amount or yield
reduction payment owed with respect to any bonds or notes or other
obligations of the commonwealth; 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
0699-9101 For
the purpose of depositing with the trustee under the trust agreement authorized
in section 10B of chapter 11 of the acts of 1997 an amount to be used to pay
the interest due on notes of the commonwealth issued pursuant to section 9 of
said chapter 11 and secured by the Federal Highway Grant Anticipation Note
Trust Fund $45,664,000
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.................................................................................................................................. $16,317,826
0710-0100 For
the operation of the division of local mandates........................................................................... $650,162
0710-0200 For
the operation of the bureau of special investigations; provided, that the
office 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............................................................................................................................................................. $1,928,775
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
Office of the Attorney
General.
0810-0000 For
the office of the attorney general, including the administration of the local
consumer aid fund, the operation of the anti-trust division, all regional
offices, a high-tech crime unit and the victim and witness compensation
program; provided, that the victim and witness compensation program shall be
administered in accordance with chapters 258B and 258C of the General Laws;
provided further, that the attorney general shall submit to the general court
and the secretary for administration and finance a report detailing the claims
submitted to the state treasurer for payment under item 0810-0004 indicating
both the number and costs for each category of claim; provided further, that
not more than $320,000 shall be expended for predatory lending and consumer
credit units; provided further, that not more than $355,000 shall be expended
for a health care division; provided further, that not more than $300,000 shall
be expended for a victim witness rights services unit; provided further, that not less than
$300,000 shall be expended for the United Teen Equality Center; provided
further, that not more than $250,000 shall be expended for a grants program for
the safe neighborhood initiative-jobs for youth program; provided further, that
not more than $250,000 shall be expended for a safe neighborhood initiative
program in the Grove Hall area of Boston; provided further, that not more than
$250,000 shall be expended from the funds appropriated in this item for a safe
neighborhood initiative pilot program in the Bowdoin/Geneva area of the
Dorchester section of the city of Boston and in the city of New Bedford;
provided further, that the public proceedings unit shall review the water rate
increases; provided further, that not more than $240,000 shall be expended for
the operation of a child protection unit; provided further, that funds may be
expended for the commission on uniform state laws; provided further, that not
more than $200,000 shall be provided for the Dorchester Youth Collaborative;
and provided further, that $50,000 shall be expended for the Trauma
Intervention Program of Merrimack Valley............................................................................................................................ $27,660,277
0810-0004 For compensation
to victims of violent crimes; provided, that notwithstanding chapter 258C of
the General Laws, if a claimant is 60 years of age or older at the time of the
crime and is not employed or receiving unemployment compensation, 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 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.................................... $2,188,340
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 For
a false claims program the office of the attorney general may expend an amount
not to exceed $650,000 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................................................................................................................................................................ $650,000
0810-0014 For
the operation of the department of telecommunications and energy proceedings
unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that
notwithstanding any general or special law to the contrary, the amount assessed
under said section 11E of said chapter 12 of the General Laws, shall equal the
amount expended from this item; and provided further, that not less than
$200,000 shall be expended for the expenses of legal and technical personnel
and associated administrative and travel expenses relative to participation in
regulatory proceedings at the Federal Energy Regulatory Commission on behalf
of Massachusetts ratepayers................ $2,355,145
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........................................................................ $2,920,262
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................................................................. $3,576,934
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;
provided
further, that not less than $250,000 shall be expended for costs associated
with health insurance rate hearings; 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............................................................................... $1,664,942
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 $438,506................................................................................................................................................................ $438,506
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 $284,456;
provided further, that the attorney general shall investigate and prosecute, when
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....................................................................................................................................................... $284,456
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
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
0900-0100 For
the operation of the state ethics commission............................................................................ $1,782,433
OFFICE OF THE INSPECTOR GENERAL.
0910-0200 For
the operation of the office of the inspector general................................................................. $2,721,715
0910-0210 For
the office of the inspector general which may expend revenues collected up to a
maximum of $400,000 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.......................................... $400,000
OFFICE OF CAMPAIGN
0920-0300 For
the operation of the office of campaign and political finance................................................. $1,285,141
0940-0100 For
the office of the commission, including the processing and resolution of cases
pending before the commission that were filed on or before
0940-0101 For
the Massachusetts commission against discrimination which may expend not more
than $1,920,010 from revenues from federal reimbursements received for the
purposes of the United States Department of Housing and Urban Development fair
housing type 1 program and the equal opportunity resolution contract program
during fiscal year 2009 and federal reimbursements received for these and other
programs in prior years; provided, that notwithstanding any general or special
law to the contrary, the commission may also expend revenues generated through
the collection of fees and costs so authorized; and provided further, that for
the purposes of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the commission may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state
accounting system....................................................................................... $1,920,010
0940-0102 For
the Massachusetts commission against discrimination which may expend not more
than $70,000 from revenues collected from fees charged for the training and
certification of diversity trainers for the operation of the discrimination
prevention certification program......................................................................................................... $70,000
COMMISSION ON THE STATUS OF
WOMEN.
0950-0000 For
the commission on the status of women....................................................................................... $250,480
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, 2009, 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
and the full-year estimate of revenues and revenues collected; provided
further, that notwithstanding 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 in which a reporting requirement is stipulated within such item and
which report is not filed within 10 days of the stated due date; provided
further, that all amounts deducted shall be deposited into the General Fund and
the comptroller shall notify the house and senate committees on ways and means
of all amounts so deducted; provided further, that notwithstanding any general
or special law to the contrary, the comptroller may enter into contracts with
private vendors to identify and pursue cost avoidance opportunities for
programs of the commonwealth and to enter into interdepartmental service
agreements with state agencies, as applicable, for such 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 such 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 proposed contract with the private vendor,
including the proposed rate of compensation and any previous agreements related
or similar to the proposed agreement as well as the information on such
previous agreements as required to be submitted for the proposed agreement;
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 item; and provided further, that the comptroller shall submit a report on such
projects as a part of his annual report pursuant to section 12 of chapter 7A of
the General Laws........ $8,990,602
EXECUTIVE OFFICE FOR ADMINISTRATION
Office
of the Secretary of Administration and Finance.
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 relevant 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 item, 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 labor and workforce development on or before December 1, 2008; provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements; provided further, that the secretary of administration and finance, in conjunction with the trial court, the executive office of health and human services, the division of capital asset management and maintenance, the bureau of state office buildings and the division of energy resources, shall submit a report to the house and senate committees on ways and means relative to the commonwealth's energy costs, which shall include, but not be limited to, the following: (a) energy consumption and costs incurred by commonwealth-owned or operated facilities, including the state house, state office buildings, hospitals, courthouses, correction facilities and related properties; (b) cost saving initiatives relating to energy consumption and procurement; (c) the energy consumption and costs for all vehicles operated by the commonwealth and its subsidiary secretariats and agencies; and (d) the current status of the state’s energy infrastructure and plans for either replacement or conversion of existing systems; provided further, that the report shall be submitted not later than January 26, 2009; and provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to item 1000-0001.................. $3,826,821
1100-1200 For the executive office for administration and finance to carry
out expanded responsibilities associated with an analysis of the commonwealth’s
capital planning, the development of performance budgeting and improving the
efficiency of state government................................................................................................................................. $500,000
Division of Capital
Asset Management and Maintenance.
1102-3205 For
the division which may expend for the maintenance and operation of the
Massachusetts information technology center an amount not to exceed $7,800,000
in revenues collected from rentals, commissions, fees, parking fees 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, as reported in the state accounting system $7,800,000
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 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........................ $6,843,449
1102-3302 For
the purposes of utility costs and associated contracts for the properties
managed by the bureau of state office buildings............................................................................................................................................ $7,485,633
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.......................................................................................................................................... $774,135
1102-3307 For
state house accessibility coordination, including communications access to
public hearings and meetings $245,824
Office on Disability.
1107-2400 For
the office on disability....................................................................................................................
$739,477
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 capable of being recorded, that all
persons who call the hotline are immediately informed that all calls are
routinely recorded and that each such person is provided with the opportunity
to elect that the call not be recorded................................................................................................................... $2,328,012
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, that the civil service commission shall have the power to assess a fee
upon the appointing authority when inappropriate action has occurred................................................................................................................................................ $522,613
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 $3,077,738
1108-5201 For
the commonwealth’s share of the group insurance premium and plan costs incurred
in fiscal year 2009; 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 2009, and any unexpended balance in this
item shall revert to the General Fund on June 30, 2009; 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
funds may be expended from this item for the commonwealth’s share of group
insurance premium and plan costs provided to employees and retirees in prior
fiscal years; 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; provided further,
that the commission shall notify the house and senate committees on ways and
means by March 15 of each year of the cost of the commonwealth’s projected
share of group insurance premiums for the next fiscal year; and provided
further, that the group insurance commission may pay premium and plan costs for
municipal employees and retirees who are enrolled in the group insurance
commission’s health plans pursuant to the commission’s regulations.............................................................................. $839,000,000
1108-5200 For
the costs incurred by the group insurance commission associated with providing
municipal health insurance coverage pursuant to section 19 of chapter 32B of
the General Laws; provided, that the commission may expend revenues in an
amount not to exceed $1,000,000 from the revenue received from administrative
fees associated with providing municipal health insurance coverage pursuant to
said section 19 of said chapter 32B; 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 commission 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.................................................. $1,000,000
1108-5350 For
elderly governmental retired employee premium payments....................................................... $714,237
1108-5400 For
the costs of the retired municipal teachers’ premiums and the audit of such
premiums.. $84,636,654
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.......................................................................... $7,366,759
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 the division shall
maintain, to the fullest extent practicable, a complete physical and
technological separation from any agency, department, board, commission or
program whose decisions, determinations or actions may be appealed to it;
provided further, that every decision issued by a commissioner or other head of
agency, or designee, following the issuance of a recommended decision by an
administrative law judge of the division, shall be an agency decision subject
to judicial review pursuant to chapter 30A of the General Laws; and provided
further, that funds shall be expended for the processing and adjudication of
all pending and newly-filed department of environmental protection appeals.................................................................................................. $1,388,052
George Fingold
Library.
1120-4005 For
the administration of the library; provided, that the library shall maintain
regular hours of operation from
1120-4006 For
the George Fingold Library which may expend revenues
collected up to a maximum of $8,000 from the fees charged for copying services;
provided, that 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
Department of Revenue.
1201-0100 For
the operation of the department of revenue, including tax collection
administration and audits of certain foreign corporations; 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; and 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............................................................................................................. $118,337,707
General Fund....................................................................................... 95.0%
Highway Fund....................................................................................... 5.0%
1201-0118 For
the operation of the division of local services.......................................................................... $6,181,357
1201-0130 For
the department of revenue which may expend for the operation of the department
an amount not to exceed $16,330,000 from revenues collected by the additional
auditors for an enhanced audit program; provided, that the auditors shall: (1)
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; (2) obtain
said delinquent returns; and (3) collect such delinquent taxes for a prior
fiscal year; 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; and provided further, that the
department shall submit quarterly reports to the house and senate committees on
ways and means that shall include, but not be limited to, the following: the
amount of revenue produced from these additional auditors; and the amount of
revenue produced by this item in fiscal years 2005, 2006, 2007, and 2008.......... $16,330,000
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; 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 as reported in the state
accounting system for federal incentives and said network in accounts 1201-0161,
1201-0410 and 1201-0412.......................................................................................................................................... $52,012,766
1201-0164 For
the child support enforcement division; provided, that the 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; and provided
further, that notwithstanding any general or special law to the contrary, for
the purpose of accommodating timing discrepancies between the receipt of
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment the amounts not to exceed the lower of this
authorization or the most recent revenue estimate, as reported in the state
accounting system.................................................. $6,547,280
1231-1000 For
the Commonwealth Sewer Rate Relief Fund, established in section 2Z of chapter
29 of the General Laws........................................................................................................................................................... $10,000,000
1231-1020 For a program of loans, loan purchases or loan guarantees or interest subsidies to assist homeowners, homeowner associations or condominium associations in complying with revised state environmental code for subsurface disposal of sanitary waste, Title V; 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; provided,
that in the prioritization of claims, consideration shall be given to claimants
who own not more than 2 dispensing facilities.......................................................................... $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
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
the tax abatement program for certain veterans, widows, blind persons, and the
elderly; provided, that cities and towns shall be reimbursed for the abatements
granted pursuant to clauses Seventeenth, Twenty-second, Twenty-second A,
Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E,
Thirty-seventh, Thirty-seventh A and Fifty-second of section 5 of chapter 59 of
the General Laws....................................... $17,241,130
1233-2006 For
reimbursements to cities and towns for additional exemptions from the motor
vehicle excise granted pursuant to the seventh paragraph of section 1 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
1233-2310 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 not later than
1310-1001 The
appellate tax board may expend revenues up to a maximum of $300,000 from fees
collected; provided, that in order to accommodate discrepancies between the
receipt of retained revenues and related expenditures, the board may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system.......................................... $300,000
Department of Veterans’
Services.
1410-0010 For
the operation of the department of veterans’ services; provided, that the
department may fund a housing specialist from this item; provided further, that
the department may expend funds for the Glory 54th Brigade; provided further,
that not less than $25,000 shall be expended for the purpose of
maintaining the Massachusetts Vietnam veterans memorial located in the Green
Hill park in Worcester; provided further, that not less than $10,000 shall be
expended for the Korean War memorial located in the Charlestown navy yard;
provided further, that the secretary of veterans’ affairs shall submit a report
to the joint committee on veterans’ and federal affairs and the house and
senate committees on ways and means not later than
1410-0012 For
services to veterans, including the maintenance and operation of outreach
centers; provided, that the centers shall provide counseling to incarcerated
veterans and to Vietnam era veterans and their families who may have been
exposed to agent orange; provided further, that these centers shall also
provide services to veterans who were discharged after September 11, 2001, and
their families; provided further, that not less than $367,422 shall be
obligated for a contract with the Montachusett Veterans Outreach Center in the
city of Gardner; provided further,
that not less than $200,000 shall be obligated for a contract with the Puerto
Rican Veterans Association of Massachusetts, Inc., in the city of Springfield;
provided further, that not less than $131,500 shall be obligated for a contract
with Nam Vets Association of the Cape and Islands in the Hyannis section of the
town of Barnstable; provided
further, that not less than $100,000 shall be expended for veteran’s services
to be administered by the Falmouth veterans agent through the Falmouth Free
Clinic and Community Center; provided further, that not less than $100,000
shall be obligated for a contract with the Veterans Northeast Outreach Center
in the city of Haverhill; provided further, that not less than $100,000 be obligated
for the Boston metropolitan area for a contract with the Puerto Rican Veterans
Association of Massachusetts, Inc.; provided further, that not less than
$100,000 shall be expended to United Veterans of America for the purpose of
providing services to homeless veterans in Berkshire County; provided further,
that not less than $100,000 shall be expended for the Veterans Association of
Bristol County in Fall River; provided
further, that not less than $100,000 shall be expended for the Nathan Hale
Foundation of Plymouth to assist veterans with transportation; provided further, that not less than
$84,453 shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in the town of Framingham;
provided further, that not less than $50,000 shall be expended for the
Middleborough Veteran Outreach Center; provided further, that not less than
$35,000 shall be expended for the Mason Square Veterans Outreach Center in the
city of Springfield; and provided further, that not less than $30,000 shall be
expended for the oral history project at the Morse Institute Library in Natick..................................................... $1,943,222
1410-0015 For
the women veterans’ outreach program.......................................................................................... $42,282
1410-0018 For
the department which may expend not more than $300,000 for the maintenance and
operation of Agawam and Winchendon veterans’ cemeteries from revenue collected
from fees, grants, gifts or other contributions to the cemeteries; prior
appropriations continued..................................................................................... $300,000
1410-0100 For
the revenue maximization project of the executive office of elder affairs to
identify individuals eligible for veterans’ pensions who are currently
receiving home health care services.................................................. $98,000
1410-0250 For
homelessness services; provided, that not less than $652,395 shall be obligated
for a contract with the Southeastern Massachusetts Veterans Housing Program,
Inc., in the city of New Bedford; provided further, that not less than $625,105
shall be obligated for a contract with the central Massachusetts Shelter for
Homeless Veterans in the city of Worcester; provided further, that not less
than $405,500 shall be obligated for contracts with the Veteran Homestead in
the city of Leominster and the Veteran Homestead in the town of Fitchburg;
provided further, that not less than $220,000 shall be obligated for a contract
with the United Veterans of America shelter in the town of Leeds; provided
further, that not less than $199,405 shall be obligated for a contract with
Unity House in the city of Gardner; provided further, that not less than
$190,000 shall be expended for a contract with Habitat P.L.U.S. in the city of
Lynn; provided further, that not
less than $80,000 shall be obligated for a contract with the Veterans Northeast
Outreach Center in the city of Haverhill for homelessness services; provided
further, that not less than $75,000 shall be expended for a contract with the
Springfield Bilingual Veterans Outreach Center for the operation and
maintenance of a homeless veterans transition house located in the city of
Springfield; provided further, that not less than $51,975 shall be expended for
a contract with the Springfield Bilingual Veterans Outreach Center for the
operation and maintenance of homeless veterans transitional housing units at
the YMCA of Springfield; provided
further, that not less than $42,000 shall be obligated for a contract with the
Turner House located in the town of Williamstown; provided further, that not
less than $37,350 shall be obligated for a contract with the Homestead in the
town of Hyannis; and provided further, that not less than $25,000 shall be
expended for transitional services at Our Neighbor’s Table in Amesbury $2,603,730
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.................................................................. $2,276,862
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
2009 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............ $18,524,424
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 veterans’ services shall continue a training program for veterans’
agents and directors of veterans’ services in cities and towns; provided
further, that the department of veterans’ services shall provide such training
in several locations across the commonwealth including, but not limited to,
providing training programs at the Massachusetts Veterans’ Service Officers
Association statewide training conferences; 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.................................................................................................. $20,904,223
1410-0630 For
the administration of the veterans’ cemeteries in the towns of
Reserves.
1599-0025 For
the secretary of administration and finance to provide the commonwealth’s
customers with the convenience of expanded access to internet payment options
and to improve revenue collections and cash flow; provided, that the secretary
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
1599-0050 For
Route 3 North contract assistance payments......................................................................... $23,700,022
1599-0093 For
contract assistance to the water pollution abatement trust for debt service
obligations of the trust, pursuant to sections 6, 6A and 18 of chapter 29C of
the General Laws...................................................... $67,489,026
1599-1004 For
a reserve to support the implementation of the recommendations of the special
commission to end homelessness in the commonwealth under chapter 2 of the
resolves of 2006; provided, that this implementation shall be developed in
collaboration with the Massachusetts Interagency Council on Homelessness and
Housing, established in Executive Order 492; provided further, that the funding
made available in this item shall support the implementation of a comprehensive
plan to end homelessness in the commonwealth; provided further, that funding
provided in this item shall be in addition to $1,750,000 in funding from the
Massachusetts Housing Finance Agency; provided further, that the funding shall
be made available for purposes recommended by the commission including, but not
limited to, rental assistance, emergency assistance, and the development of
assessment tools to provide the necessary means to identify and serve homeless
populations and those at-risk of homelessness; and provided further, that prior
to the distribution of any funds from this item, the interagency council shall
submit a detailed fiscal year 2009 spending plan for approval to the chairs of
the house and senate committees on ways and means and the secretary of
administration and finance by
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
1599-1971 For
the cost of hired and leased equipment, vehicle repair, and sand, salt, and
other control chemicals used for snow and ice control; provided, that the
secretary for administration and finance shall submit to the house and senate
committees on post audit and oversight, the house and senate committees on
transportation and the house and senate committees on ways and means a report
on snow and ice control efforts no later than
1599-2008 For a reserve to fund the
additional administrative costs associated with the design and implementation
of initiatives to promote cost containment, transparency, and efficiency in the
delivery of quality health care including, but not limited to: costs of
personnel and overtime, contracts, and the purchase of new information
technologies as necessary; provided, that the secretary of administration and
finance may transfer from the sum appropriated herein to other items such
amounts as are necessary to meet said costs where the amounts otherwise
available are insufficient for the purpose, in accordance with a transfer plan
which shall be filed in advance with the house and senate committees on ways
and means; and provided further, that the secretary may only transfer such
amounts to other items within the executive office for administration and
finance, the health care quality and cost council, the executive office of
health and human services, the department of public health, the division of
health care finance and policy, the office of Medicaid, the attorney general’s
office, the inspector general’s office, the department of housing and community
development, and the division of insurance................................................................................ $1,500,000
1599-2009 For a reserve for
1599-3234 For
the commonwealth’s
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
1599-3857 For
capital lease payments from the
1599-4231 For
the fiscal year 2009 costs of the salary classification pool provided for in
article 12 of the contract between the commonwealth and the National
Association of Government Employees (Units 1, 3 and 6); provided, that the
secretary may transfer from the sum appropriated in this item to other items of
appropriation and allocations thereof for fiscal year 2009 amounts that are
necessary to meet these costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall be
filed in advance with the house and senate committees on ways and means................................................................................................................................ $1,000,000
1599-4233 For
the fiscal year 2009 costs of the salary classification pool provided for in
article 12 of the contract between the commonwealth and the Service Employees
International Union (Units 8 & 10); provided, that the secretary may
transfer from the sum appropriated in this item to other items of appropriation
and allocations thereof for fiscal year 2009 amounts that are necessary to meet
these costs where the amounts otherwise available are insufficient for the
purpose, in accordance with a transfer plan which shall be filed in advance
with the house and senate committees on ways and means.................................................................................................................................................. $2,000,000
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 appropriation
upon assurances that the funds shall be used solely for the purposes of equal
percentage adjustments to wages, compensation or salary; provided further, that
not later than
1599-7050 For
the purposes of administrative and program expenses associated with the
settlement agreement in the case of Rosie D. et al v. Romney, civil action No.
01-30199-
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 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 $4,125,345
1750-0102 For
the human resources division which may expend not more than $1,627,500 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 as reported in the state accounting system.................. $1,627,500
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................................................................................................................................................. $106,058
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 For
the human resources division which may expend not more than $800,000 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
1750-0300 For
the commonwealth’s contributions in fiscal year 2009 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............................... $27,800,000
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 2009 by increasing the final
fiscal year 2008 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 2009;
provided further, that programs for which prices in fiscal year 2008 were lower
than the full amount permitted by the division of purchased services shall be
permitted to charge in fiscal year 2009 the full price calculated for fiscal
year 2008 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................................... $2,093,556
1775-0102 For
the operation of the online procurement system......................................................................... $541,791
1775-0124 For
the operational services division which 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 For
the operational services division which 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 For
the operational services division which 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 For
the operational services division which 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 For
the operational services division which 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 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........................................................... $291,124
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 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....................... $4,866,479
1790-0300 For
the information technology division which may expend not more than $601,850
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 $601,850
EXECUTIVE OFFICE OF ENERGY
Office of the
Secretary.
2000-0100 For
the operation of the office of the secretary of energy and environmental
affairs, 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 energy
and 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 $75,000 shall be expended to the University of
Massachusetts Lowell’s Technical Assistance and Research Center for Housing and
Sustainability to develop an outreach partnership with the executive office of energy
and environmental affairs based on the Green Building Initiative; provided
further, that not less than $100,000 shall be expended for a one-to-one
matching grant to the Cape Cod bay sanctuary program; and provided further, that not less than $150,000 shall be
expended for a coastal shore water testing program administered by the
Coalition for Buzzards Bay.......................................................................... $7,236,256
2000-9900 For
the office of geographic and environmental information established in section
4B of chapter 21A of the General Laws................................................................................................................................................................ $296,032
2001-1001 For
the secretary of energy and environmental affairs who 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; and provided further, that funds
may be expended on municipal recycling incentives and equipment grants................................................................ $1,961,987
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
2020-0100 For
toxics use reduction technical assistance and technology in accordance with chapter
21I of the General Laws............................................................................................................................................................. $1,711,245
2030-1000 For
the operation of the office of environmental law enforcement; provided, that
officers shall provide monitoring pursuant to the National Shellfish Sanitation
Program; provided further, that the department shall maintain and operate the
boat registration and titling offices in Hyannis and Fall River; and provided
further, that funds from this item shall not be expended for the purposes of
item 2030-1004................................................................ $11,170,989
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 Public
Utilities.
2100-0012 For
the operations of the department of public utilities; provided, that
notwithstanding the second sentence of the first paragraph of section 18 of
chapter 25 of the General Laws, the assessments levied for fiscal year 2009
under that paragraph shall be made at a rate sufficient to produce $6,401,534.......................................... $6,401,534
2100-0013 For
the operation of the transportation division................................................................................ $593,360
2100-0014 For
the department of public utilities which may expend for the operation of the
energy facilities siting board an amount not to
exceed $75,000 from application fees collected in fiscal year 2009 and prior
fiscal years from utility companies.................................................................................................................................................................. $75,000
2100-0015 For
the department of public utilities which may expend for the operation of the
transportation division an amount not to exceed $2,300,000 from unified carrier
registration fees collected in fiscal year 2009 and prior fiscal years from
motor carrier companies.............................................................................................................................. $2,300,000
2100-0016 For
the operations of the railroad bridge safety program within the transportation
division; provided, that notwithstanding section 12F of chapter 12F of chapter
25 of the General Laws, the assessments levied for fiscal year 2009 shall be
made at a rate sufficient to produce $500,000.......................................................... $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 section 3B of chapter 7 of the
General Laws shall not apply to fees established pursuant to section 18 of
chapter 21A of the General Laws; provided further, that $200,000 shall be
expended for the administration and enforcement of the mercury management act............................................................................................................... $35,641,864
2200-0102 For
the department of environmental protection which may expend an amount not to
exceed $1,200,000 from revenues collected from fees collected from wetland
permits; provided, that notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment the amounts not to exceed the lower
of this authorization or the most recent revenue estimate as reported in the
state accounting system; provided further, that the department shall submit a
report by
2210-0100 For
the implementation and administration of chapter 21I of the General Laws......................... $1,007,733
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............................................................................................................................................................. $1,079,944
2220-2221 For
the administration and implementation of the operating permit and compliance
program required under the federal Clean Air Act..................................................................................................................................... $2,104,090
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..................................................................................................................................... $1,674,347
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................................................................................................... $16,572,923
2260-8872 For
the brownfields site audit program............................................................................................. $1,911,111
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......................................................................................... $414,879
Department of Fish and
Game.
2300-0100 For
the office of the commissioner; provided, that the commissioner’s office shall
assess and receive payments from the division of marine fisheries, the division
of fisheries and wildlife, the public access board, the riverways
programs, and all other programs under the control of the department of fish
and game; provided further, that the purpose of those assessments shall be to
cover appropriate administrative costs of the department, including but not
limited to payroll, personnel, legal and budgetary costs; provided further,
that the amount and contribution from each division or program shall be
determined by the commissioner of fish and game; provided further, that $50,000
in matching funds shall be provided to the National Marine Life Center for
animal care; and provided further,
that the department shall file a report with the house and senate committees on
ways and means not later than
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....................................................................................................................................................... $604,217
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 2008 for such research; provided further, that $200,000 shall be expended
to continue to operate fish hatcheries in the towns of Montague and Sandwich; provided further, that the department
may expend the amount necessary to restore anadromous fish in the Connecticut
and Merrimack river systems; provided further, that expenditures for such
programs shall be contingent upon prior approval of the proper federal
authorities for reimbursement of at least 75 per cent of the amount so
expended; and provided further, that funds may be expended to supplement the
natural heritage and endangered species program $10,127,287
Inland Fisheries and Game Fund.................................................... 100.0%
2310-0306 For
the hunter safety training program................................................................................................ $497,148
Inland Fisheries and Game Fund.................................................... 100.0%
2310-0316 For
the purpose of land containing wildlife habitat and for the costs of the
division of fisheries and wildlife directly related to the administration of
the wildlands stamp program pursuant to sections 2A and 2C of chapter 131 of
the General Laws; provided, that funds shall not be expended from this item in
the AA object class for the compensation of state employees assigned to any
item........................................................................................... $1,500,000
Inland Fisheries and Game Fund.................................................... 100.0%
2310-0317 For
the waterfowl management program pursuant to section 11 of chapter 131 of the
General Laws $85,000
Inland Fisheries and Game Fund.................................................... 100.0%
2320-0100 For
the administration of the public access board, including the maintenance,
operation, and improvements of public access land and water areas; provided,
that positions funded in this item shall not be subject to chapter 31 of the
General Law.......................................................................................................................................... $635,647
2330-0100 For
the operation of the division of marine fisheries, including expenses of the
Annisquam river marine research laboratory, marine research programs, a
commercial fisheries program, a shellfish management program, including coastal
area classification, mapping and technical assistance, and for the operation of
the Newburyport shellfish purification plant and shellfish classification
program; provided, that $300,000 shall be expended on a recreational fisheries
program to be reimbursed by federal funds; provided further, that not less than
$333,000 shall be expended for the operation of the Newburyport shellfish
purification plant and that plant shall generate not less than $115,000 from
purification fees; provided further, that not less than $90,000 shall be
expended for the joint operation of a shellfish propagation program on Cape Cod
between the division and the Barnstable county department of health and
environment; provided further, that $50,000 shall be expended for the Family
Fishing Assistance Center in the city of New Bedford; and provided further,
that $50,000 shall be expended for the Family Fishing Assistance Center in the
city of Gloucester..................................................................................................................................... $5,453,068
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.................................................................................................................................................... $609,040
2330-0121 For
the division of marine fisheries to utilize reimbursable federal Sport Fish
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 Sport Fish 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
division of administration, the expenses of the board of agriculture, the
division of animal health, the division of agricultural technical assistance,
the division of crop management and inspectional services, 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;
provided, that not less than $45,000 shall be
expended for shellfish propagation on the islands of Martha’s Vineyard and
Nantucket to be administered by the state aquaculture coordinator and Dukes and
Nantucket counties; provided further, that $100,000 shall be expended for 4H
activities from this item; provided further, that $50,000 shall be expended on
the YouthGROW program; provided further, that not
less than $200,000 shall be expended to enhance the buy local effort in
western, central, northeastern, and southeastern Massachusetts; provided
further, that not less than $50,000 shall be expended for agricultural fair
prizes and rehabilitation, including the expenses of the agricultural lands
board; and provided further, that the department shall, to the extent possible,
encourage corporate sponsorships for the purposes of providing agricultural
fair prizes..................................................................................................... $5,021,927
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 may
assess an administrative charge not to exceed 2 per cent of the total appropriation
herein.................................................................. $12,000,000
2511-2000 For
the Agricultural Innovation Center; provided, 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; and 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, agritourism, aquaculture, forestry,
processing, fiber and agricultural resource management $1,500,000
2511-3002 For
the Integrated Pest Management program................................................................................... $300,593
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
any general or special law to the contrary, all offices and positions of the
division performing construction activities for the department of conservation
and recreation shall be subject to classification under sections 45 to 50,
inclusive, of chapter 30 of the General Laws; provided further, that
notwithstanding section 3B of chapter 7 of the General Laws, the department
shall establish or renegotiate fees, licenses, permits, rents and leases, and
to adjust or develop other revenue sources to fund the maintenance, operation,
and administration of the department; provided further, that an annual report
shall be submitted to the house and senate committees on ways and means
regarding fee adjustments not later than
2800-0101 For
the watershed management program to operate and maintain reservoirs, watershed
lands and related infrastructure of the department and the office of water
resources in the department of conservation and recreation; provided, that
$500,000 shall be paid to the town of Clinton, under section 8 of chapter 307
of the acts of 1987, to compensate for the use of certain land; provided further,
that the amount of the payment shall be charged to the General Fund and shall
not be included in the amount of the annual determination of fiscal year
charges to the Massachusetts Water Resources Authority assessed to the
authority under the General Laws; provided further, that $48,000 shall be
expended for the flood control activities undertaken by the Thames river valley
communities of Massachusetts in conjunction with the state of Connecticut; provided further, that $50,000 shall
be expended for the maintenance of invasive aquatic weeds on the Charles river
in Auburndale; provided further,
that not less than $25,000 shall be expended for aquatic weed control in the
Upper Mystic lake in Winchester; provided further, that not less than $15,000
shall be expended for weed control in Winter pond in Winchester; and provided
further, that $40,000 shall be expended for aquatic nuisance control in Sluice
pond and Flax pond in the city of Lynn..................... $1,680,310
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 shall 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..................................................................... $944,643
2800-0500 For
the upkeep of 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 be fully maintained; provided further, that no less than
$35,000 shall be expended for the cleanup of Pilayella
algae on Nahant Beach Reservation; provided
further, that not less than $100,000 shall be expended for the Jones River
Watershed Association of Kingston; provided
further, that the department shall file a report with the house and senate
committees on ways and means not later than
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
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, and develop
a coordinated permitting and regulatory approach to dam removal for stream
restoration and public safety............................................................................................................................................................. $1,035,428
2800-2000 For
the state licensed foresters program; provided, that the department of
conservation and recreation may expend not more than $600,000 from revenues
collected from the sale of timber for materials, supplies, equipment and
compensation of employees of the program; and provided further, that all
expenditures from this item shall be subject to chapter 29 of the General Laws
and recorded in the Massachusetts management accounting and reporting system $600,000
2800-9004 For
certain payments for the maintenance and use of the
2810-0100 For
the operations of the division of state parks and recreation; provided, that
funds appropriated in this item shall be used to operate all of the division’s
parks, heritage state parks, reservations, campgrounds, beaches and pools and
for the oversight of rinks, to protect and manage the division’s lands and
natural resources, including the forest and parks conservation services and the
bureau of forestry development; provided further, that no funds from this item
shall be expended for payment to true seasonal employees; provided further,
that the department may issue grants to public and nonpublic entities from this
item; provided further, that the level of funding for the beaches and pools
from this item in fiscal year 2009 shall not be reduced from fiscal year 2008; provided
further, that not less than $185,000 shall be expended for the Schooner
Ernestina Commission; and provided
further, that Watson’s Pond state park in Taunton and Ames Nowell
state park in Abington shall remain open and appropriately staffed to allow
public swimming and recreation for the season............................................................................................................... $22,696,714
2810-0200 For
summer employment programs at department of conservation and recreation
facilities; provided, that the programs shall include peer-led youth recreation
and interpretive programs, a youth all-star band, and a park repair and
improvement program by skilled and unskilled laborers; and provided further,
that the programs shall provide opportunities for underprivileged populations,
especially in economic development areas $2,000,000
2810-2000 For
the seasonal hires of the division of state parks and recreation, including
hires for the forest fire control unit; provided, that no funds from this item
shall be expended for year-round seasonal employees; provided further, that
seasonal employees who are hired before the second Sunday before Memorial
Day and whose employment continues beyond the Saturday following Labor Day and
who received health insurance benefits in fiscal year 2008 shall continue
to receive such benefits in fiscal year 2009 during the period of their
seasonal employment; provided further, that no expenditures shall be made from this
item other than for the purposes identified in this item; provided further,
that notwithstanding section 1 of chapter 31 of the General Laws, seasonal
positions funded by this item shall be 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 For
the division of state parks and recreation which may expend not more than $6,004,826
from revenue collected from fees charged by the division, including revenues
collected from campsite reservation transactions from the automated campground
reservation and registration program for additional expenses, upkeep and
improvements to the parks and recreation system and for the personnel costs of
seasonal employees; provided, that no funds from this item shall be expended
for the costs of full-time equivalent personnel; provided further, that for the
purpose of accommodating timing discrepancies between the receipt of retained
revenues and related expenditures, the division may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state
accounting system; provided further, that no expenditures made in advance of
the receipts shall 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............................................. $6,004,826
2820-0100 For
the administration, operation and maintenance of the division of urban parks
and recreation, including for the maintenance, operation and related costs of
the parkways, boulevards, roadways, bridges and related appurtenances under the
care, custody and control of the division, flood control activities of the
division, purchase of all necessary supplies and related equipment, and the
civilianization of crossing guards located at division intersections where
state police previously performed such duties; provided, that no less than $45,000
shall be expended for the maintenance of Red Rock park on Lynn Shore drive in
the city of Lynn, including $5,000 for the replacement of dead vegetation in
the park; 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 not less than $3,900 shall
be expended on the Senator Charles E. Shannon Crossing Guard Corps at the
corner of Mystic avenue and Shore drive in the city of Somerville; provided further, that $297,000 shall
be expended for the James Michael Curley Recreation Center in the city of
Boston; provided further, that no funds from this item shall be made available
for payment to true seasonal employees; provided further, that the rinks under
the control of the department shall remain open and staffed for the full rink
season; and provided further, that the level of funding for the beaches and
pools from this item in fiscal year 2009 shall not be reduced from fiscal year
2008......................................................................... $26,981,754
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.................................................................................................................................................. $1,953,099
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 employees; 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... $1,371,000
2820-1000 For
the division of urban parks and recreation which may expend for the operation
of the division not more than $200,000 from revenue collected pursuant to
section 34B of chapter 92 of the General Laws................ $200,000
2820-1001 For
the division of urban parks and recreation; provided, that the division may
expend not more than $50,000 from revenue collected for the operation and
maintenance of the it’s telecommunications system from revenues received from
the Massachusetts Water Resources Authority, the Massachusetts Convention
Center Authority, the department of highways, central artery/Ted Williams tunnel
project, the department of state police and quasi-public and private entities
through a system of user fees and other charges established by the commissioner
of conservation and recreation; provided, that nothing in this item shall
impair or diminish the rights of access and utilization of all current users of
the system under agreements previously entered into; and provided further, that
this item may be reimbursed by political subdivisions of the commonwealth and
private entities for direct and indirect costs expended by the division to
maintain the telecommunications system...................................................................... $50,000
2820-2000 For
the expenses of maintaining the parkways within the division of urban parks and
recreation, including the costs of personnel and snow and ice removal expenses;
provided, that the department of conservation and recreation shall take all
measures to ensure that the department’s snow and ice control efforts are
efficient and cost effective $1,000,000
2820-3001 For
the division of urban parks and recreation; provided, that the division 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
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 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
2820-4421 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; and provided further,
that said department shall implement a plan to achieve efficiencies and reduce
lighting costs............................................................................................................................................................. $3,315,033
Division of Energy Resources.
7006-1000 For
the operation of the division of energy resources................................................................... $1,714,580
7006-1001 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 11A of chapter 25A of the General Laws $201,631
7006-1003 For
the operation of the division of energy resources; provided, that
notwithstanding any general or special law to the contrary, the amount assessed
under section 11H of chapter 25A of the General Laws shall be equal to the
amount expended from this item...................................................................................................................... $441,404
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 of a
comprehensive evaluation system for all early education and care programs in
the commonwealth; provided further, that the department shall report on the first
business day of each month to the joint committee on education, the joint
committee on children, families and persons with disabilities, 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, including
supportive child care services; provided further, that notwithstanding chapter
66A of the General Laws, 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 commissioner 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, the department shall expend funds for the
development of core competencies for those working with children in early
education programs; provided further,
that the department shall issue a report, not later than February 16, 2009, on
the status of the department’s programming to the secretary of administration
and finance, the senate president, the speaker of the house, the chairpersons
of the house and senate committees on ways and means, and the house and senate
chairperson of the joint committee on education; provided further, that the
report shall contain the proposed core competencies to be issued by the
department, and the status and findings of the department’s quality rating
system; provided further, that the report shall contain a multi-year plan for
the alignment of rates and quality standards and for programs to move toward
meeting the quality standards enumerated in item 3000-5075; provided further,
that the report shall contain details on the implementation of universal
pre-kindergarten grants, along with any legislative recommendations for the
improvement of the program; provided further, that the report shall contain 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 preschool grant programs; provided further, that the report shall
include the department’s recommendations on the consistent implementation of
accreditation assistance across the commonwealth; provided further, that the
report shall include 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 provided further, that the report shall include
the estimated number of preschool 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.......................................................................................................................................... $13,766,213
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 for eligible early education and
care activities shall include, but not be limited to, administrative costs of
these agencies, program coordination and support, voucher management, outreach
to hard to reach populations, intake and eligibility services for families
seeking financial assistance to enroll in early education and care programs,
resource and referral for families with disabilities in child care programs,
support of comprehensive services for children and families, maintenance of the
department’s centralized waiting list for state-subsidized early education and
care, community-based programs that provide direct services to parents, walk-in
services for homeless families, and comprehensive planning at the local level
through interagency and community collaboration; provided further, that
community partnership councils receiving grants distributed from this item
shall not expend more than $4,625,533 for administrative costs, as defined by
the department; and 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...................................... $25,060,771
3000-2050 For
the administration of the Children’s Trust Fund; provided, that the department
shall not exercise any supervision or control with respect to the board................................................................................................... $1,349,658
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 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 the secretary of administration and finance, a
report detailing the amount of appropriation needed to address such deficiency;
and provided further, that the commissioner 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................................................... $79,091,314
3000-4050 For
financial assistance for families currently involved with or transitioning from
temporary assistance to needy families to enroll in an early education and care
program; provided, that early education and care shall be available to former
participants who are working for up to 1 year after termination of their temporary
assistance benefits; provided further, that post-transitional early education
and care benefits shall be provided to participants who are working for up to 1
year after the transitional period; provided further, that all early education
and care providers that are part of a public school system shall accept
vouchers funded through this item; provided further, that the department may
provide early education and care benefits to parents who are under 18 years of
age, who are currently enrolled in a job training program, and who would
qualify for benefits under chapter 118 of the General Laws but for the deeming
of the grandparents’ income; 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;
provided further, that recipients of temporary assistance shall not be charged
fees for care provided under this item; 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 may 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 the commissioner of early education and care may transfer funds to this
item from items 3000-1000 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 per cent of any item may be
transferred in fiscal year 2009........................................................................................................................................ $176,367,855
3000-4060 For
income-eligible early education and care programs; provided, that the
department shall give priority status to former temporary assistance to needy
families recipients whose benefits have
been terminated for more than 2 years and who are working; provided further, that teen parents at risk
of becoming eligible for that assistance may be paid from this item; provided
further, that informal early education and care benefits for families meeting
income-eligibility criteria may 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 accept early education and care vouchers from recipients
funded through this appropriation; provided further, that the community
partnership councils shall enroll any new children receiving services in fiscal
year 2009 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 the seventy fifth percentile of the
regional 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 the department shall maintain not less than the same number of vouchers
funded in fiscal year 2008; 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.................................................. $234,947,336
3000-5000 For
grants to head start programs; provided, that funds from this item may be
expended on early head start programs............................................................................................................................................................. $9,000,000
3000-5075 For
the Universal Pre-Kindergarten Program; provided, that funds from this item
shall be expended on 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 preschools,
child care centers, nursery schools, preschools operating within public and
private schools and school districts, Head Start programs, and independent and
system-affiliated family child care homes; provided further, that funds shall
be awarded directly to the 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 of the General Laws, schools and districts 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 1 and 2 on the Massachusetts Comprehensive Assessment System exams,
or programs which serve children not less than 50 per cent of whom are from
families earning at or below 85 per cent of the state median income; provided
further, that all programs designated as 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 such as health and
dental screenings and mental health supports where needed, transition to
kindergarten policies, and program evaluation; provided further, that any
newly-funded programs designated as Universal Pre-Kindergarten program
participants shall have been accredited by the National Association for the
Education of Young Children, the New England Association of Schools and
Colleges, the National Association of Family Child Care or a Child Development
Associate credential; provided further, that funds may be expended on programs
working towards the designation of being a Universal Pre-Kindergarten Program
participant; 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, funds remaining after grants are made to
eligible programs may be expended on programs working towards the designation
of being a 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; 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 $12,138,739
3000-6000 For
grants to early education and care providers 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 approved by the board; provided, that funds shall 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......................................................................................... $1,738,739
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
Universal Pre-Kindergarten program quality standards; and provided further,
that the department shall encourage and support early childhood education and
care providers to obtain associate and bachelor degrees through the Building
Careers program model............................................... $3,658,000
3000-6075 For
early childhood mental health consultation services in early education and care
programs; 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,
child care resource and referral centers, and other qualified entities; and provided
further, that all grants shall be made only upon solicitation of new
applications in the current fiscal year................................................ $2,900,000
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 such services shall be made available statewide to parents under
the age of 21; provided further, 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; and provided further, that notwithstanding any general or special
law to the contrary, priority for such services shall be given to low-income
parents............................ $13,192,235
3000-7050 For
grants to programs which improve the parenting skills of participants in early
education and care programs; provided, 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 the department shall distribute said $3,000,000 not later than
EXECUTIVE OFFICE OF HEALTH
Office of the Secretary.
4000-0050 For
the PCA quality home care workforce council established under section 29 of
chapter 118G of the General Laws................................................................................................................................................................ $300,000
4000-0112 For
matching grants to boys and girls clubs, Young Men’s Christian Association and
Young Women’s Christian Association, nonprofit community centers, and youth
development programs; provided, that the secretary of health and human services
shall award the full amount of each grant to each organization upon commitment
of matching funds from the organization; provided further, that not less than
$3,300,000 shall be expended for the Massachusetts Alliance of Boys and Girls
Clubs; provided further, that not less than $50,000 shall be expended for the
Methuen branch of the Merrimack Valley YMCA; provided further, that not less
than $80,000 shall be expended for the young parents program of the Newton
Community Service Centers; provided further, that not less than $50,000 shall
be expended for the Project Adventure Youth Leadership Program administered by
Family Service, Inc. of Lawrence; provided further, that not less than
$50,000 shall be expended for the West Suburban Young Men’s Christian Association;
provided further, that not less than $100,000 shall be expended for the Young Women’s
Christian Association of Newburyport; provided further, that not less than
$100,000 shall be expended for Square
One, formerly the Springfield Day Nursery; provided further, that not less than
$50,000 shall be expended to the Franklin Community Action Corporation for
youth services; provided further, that not less than $50,000 shall be expended
for programs at the Young Women’s Christian Association of Haverhill; provided
further, that not less than $100,000 be expended for health and wellness
programming at the Young Women’s Christian Association of Greater Lawrence;
provided further, that not less than $125,000 shall be expended for the Young
Men’s Christian Association of Greater Worcester youth programs; provided
further, that not less than $50,000 shall be expended for the Girls Incorporated
of Holyoke; provided further, that not less than $35,000 shall be expended for
the United Way of Tri-County for services at the Milford Youth Center; provided
further, that not less than $500,000 shall be expended for youth programs in the
commonwealth administered by the Cal Ripken, Sr. Foundation; provided further,
that not less than $100,000 shall be expended for Dot-Well youth services and
out of school time activities; provided further, that not less than $300,000
shall be expended for the United Teen Equity Center in Lowell; provided further, that not less than
$50,000 shall be expended for Fit Students for Life, Inc., formerly Boston
Boxing and Fitness, Inc.; provided further, that not less than $100,000 shall
be expended for the Children’s Friend and Family Services of Salem; provided
further, that not less than $40,000 shall be expended for the public
partnership program between the Young Men’s Christian Association and Young
Women’s Christian Association of Lynn YMCA and YWCA and the public partnership
program between the town of Saugus and the Saugus YMCA and YWCA; provided
further, that not less than $25,000 shall be expended for programs at The Fishing
Academy, Inc.; and provided further, that the secretary shall report to the
house and senate committees on ways and means on the exact amount distributed
in fiscal year 2009 by February 2, 2009..................... $5,255,000
4000-0265 For
a primary care workforce development and loan forgiveness grant program at
community health centers, for the purpose of enhancing recruitment and
retention of primary care physicians and other clinicians at community health
centers; provided, that the grant shall be administered by the Massachusetts
League of Community Health Centers in consultation with the secretary of health
and human services and relevant member agencies; provided further, that the
funds shall be matched by other public and private funds; and provided further,
that the League shall work with said secretary and said agencies to maximize
all sources of public and private funds.................. $1,700,000
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 in this item shall be expended for the
administrative, contracted services and non-personnel systems costs related to
the implementation and operation of programs authorized by sections 9A to 9C,
inclusive, and sections 16B and 16C of chapter 118E of the General Laws; provided
further, that the 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 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 shall 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 said chapter 118E shall
be accounted for according to such purpose on the Massachusetts management
accounting and reporting system not more than 10 days after the expenditures
have been made by the Medicaid management information system; provided further,
that no expenditures shall be made for the purpose of programs that are
not federally reimbursable, including those related to Titles XIX or XXI of the
Social Security Act or the MassHealth demonstration waiver approved under
section 115(a) of the act or the Community First section 1115 demonstration
waiver, whether made by the executive office or another commonwealth entity,
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 the recoveries shall be considered 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 said chapter 118E 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 by certain community organization
under the covering kids initiative, and in accordance with the federal revenue
criteria in 45
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.............................................................................................................. $2,225,904
4000-0320 For
the executive office; provided that 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 further, that additional
categories of recoveries and collections, including the balance of any personal
needs accounts collected from nursing and other medical institutions upon a
recipient’s death and held by the executive office for more than 3 years, may,
notwithstanding any general or special law to the contrary, be credited to this
item; provided 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 reports with the house and senate committees on
ways and means 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
4000-0355 For
the operation of a health care quality and cost council established in section
16K of chapter 6A of the General Laws to promote high-quality, cost-effective,
patient-centered care; provided, that the council shall file quarterly reports
with the house and senate committees on ways and means delineating the progress
made pursuant to the goals stated in said section 16K of said chapter 6A.............................................................................................. $1,428,000
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
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 and for MassHealth benefits provided to children, adolescents
and adults under clauses (a) to (d), inclusive and clause (h) of subsection (2)
of section 9A and section 16C 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 whose family
incomes, as determined by the executive office, exceeds 150 per cent of the
federal poverty level; provided further, that funds may be expended from this
item for health care services provided to the recipients in prior fiscal years;
provided further, that expenditures from this item shall be made only for the
purposes expressly stated herein; provided further, that the secretary of
health and human services and the commissioner of mental health shall report
quarterly to the house and senate committees on ways and means relative to the
performance of the managed care organization under contract with the executive
office to administer the mental health and substance abuse benefit; provided
further, that such quarterly reports shall include, but not be limited to,
analyses of utilization trends, quality of care and costs across all service
categories and modalities of care purchased from providers through the mental
health and substance abuse program, including those services provided to
clients of the department of mental health; provided further, that in
conjunction with the new Medicaid management information system project, said
executive office shall continue to study the feasibility of modifying its claim
payment system, in collaboration with the MassHealth behavioral health
contractor, to routinely process for payment valid claims for medically-necessary
covered medical services to eligible recipients with psychiatric and substance
abuse diagnoses on a timely basis in an effort to avoid delay and expenses
incurred by lengthy appeals processes; provided further, that said secretary
shall report to the house and senate committee on ways and means any proposed
modifications to said payment system, and a timeline of steps to be taken to
implement said modifications; and provided further, that notwithstanding any
general or special law to the contrary, the secretary of health and human
services shall not reassign to a managed care plan under contract with the
office of MassHealth the behavioral health benefit of any eligible person when
the benefit is managed by MassHealth’s specialty
behavioral health managed care contactor, after the benefit is elected by or
initially assigned to that person, unless the person provides written or verbal
consent to the reassignment.............................................................................................................................. $3,117,519,323
Executive Office of
Elder Affairs.
4000-0600 For
health care services provided to MassHealth members who are seniors, and for
the operation of the senior care options program under section 9D of chapter
118E of the General Laws; provided, that funds may be expended from this item
for health care services provided to these recipients in prior fiscal years;
provided further, that funds shall be expended for the community choices
initiative; provided further, that no payment for special provider cost
shall be made from this item without
prior written approval of the secretary of administration and finance; provided
further, that benefits for this demonstration project shall not be reduced
below the services provided in fiscal year 2008; provided further, that the
eligibility requirements for this demonstration project shall not be more
restrictive than those established in fiscal year 2008; 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 2009 delineated by the federal poverty level; provided further, that the
report shall be submitted not later than February 2, 2009; provided further,
that notwithstanding any general or special law to the contrary, the
regulations, criteria and standards for determining admission to a nursing home
in fiscal year 2009 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, however, 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 funds shall be
expended for the purpose of a housing with services demonstration project known
as the Caring Homes initiative designed to delay or prevent nursing home
placement by providing care-giving services to an elder; 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; and provided further, that
notwithstanding any general or special law to the contrary, not less than
$5,000,000 shall be expended from this item for the purpose of providing an
increase to $72.80 per month in the personal needs allowance for individuals
residing in nursing homes and rest homes who are eligible for MassHealth,
Emergency to the Elderly, Disabled and Children Program or Supplemental
Security Income......................................................................................................................................... $2,158,355,058
4000-0640 For
nursing facility Medicaid rates; provided, that notwithstanding any general or
special law to the contrary, in fiscal year 2009 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; provided
further, that $287,950,000 shall be expended for the purposes of Medicaid per
diem rate payments to nursing homes participating in the MassHealth program for
services provided to MassHealth members during fiscal year 2009; provided
further, that the payments made pursuant to this item shall be allocated in the
following manner in fiscal year 2009: (1) effective July 1, 2008, 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 not more than
$9,000,000 of this amount shall be expended for 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, 2008, an annual amount of
$122,500,000 for enhanced payment rates to nursing homes; (3) effective July 1,
2008, 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 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 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, 2008, an annual amount of $16,450,000: (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 the 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 conjunction with the division for the purpose of
reducing unnecessary nursing home admissions and facilitating the return of
nursing home residents to non-institutional settings; provided further, that to
the extent that the annual amount of $16,450,000 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, 2008 a preliminary analysis of funds expended under this subsection
in fiscal year 2008 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......................................................................................................................................................... $288,500,000
4000-0650 For
community-based services for elderly and disabled individuals under age 65
provided under the Community First section 1115 demonstration waiver or for
costs necessary to prepare for or implement the waiver $20,000,000
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, and for MassHealth benefits provided to
children, adolescents and adults under clauses (a) to (d), inclusive and clause
(h) of subsection (2) of section 9A and section 16C of chapter 118E of the
General Laws; provided, that no payments 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 no funds shall be expended
from this item for children and adolescents under clause (c) of said subsection
(2) of said section 9A of said chapter 118E whose family incomes, as determined
by the executive office, exceeds 150 per cent of the federal poverty level; provided further, that children who
have aged out of the custody of the department of social services shall be
eligible for benefits until they reach age 21; provided further, that funds may
be expended from this item for health care services provided to the recipients
in prior fiscal years; 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 committees on 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 fiscal year 2009, 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; 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, 2009 detailing the activities described in the preceding proviso to be
expended from this item during fiscal year 2009; provided further, that not less
than $10,000,000 shall be expended to pay for an increase in Medicaid rates for
community health centers, as defined in section 1 of chapter 118G of the
General Laws; and provided further, that not less than $5,000,000 shall be
expended for a medical home demonstration program that shall provide targeted,
accessible, continuous and coordinated family-centered care to high need
populations including, but not limited to, those with multiple chronic
illnesses that require regular monitoring, advising or treatment................................................................................................................................. $1,541,616,319
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 the recipients in prior fiscal years............................... $122,700,000
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 those 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 the benefits shall be extended solely
for the duration of the cancerous condition; provided further, that before the
provision of any benefits covered by this item, the executive office shall
require screening for either breast or cervical cancer at the comprehensive
breast and cervical cancer early detection program operated by the department
of public health, in accordance with item 4570-1512 of section 2D; and provided
further, that funds may be expended from this item for health care services
provided to these recipients in prior fiscal years...................... $5,500,000
4000-0880 For
MassHealth benefits under clause (c) of subsection (2) of section 9A and
section 16C of chapter 118E of the General Laws for children and adolescents
whose family incomes as determined by the executive office are above 150 per
cent of the federal poverty level; 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.............................................. $211,100,000
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.................. $40,300,000
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...................................................... $5,200,000
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, not
later than
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; and provided
further, that funds may be expended from this item for health care services
provided to these persons in prior fiscal years $16,500,000
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 of the
MassHealth program established in section 9A of chapter 118E of the General
Laws; provided further, that persons eligible under subsection (7) of section
16D of said 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 may limit or close enrollment if necessary
in order to ensure that expenditures from this item do not exceed the amount
appropriated herein; provided further, 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............ $304,600,000
4000-1420 For
the purposes of making payment to the federal Centers for Medicare and Medicaid
Services in compliance with Title XIX of the Social Security Act, as amended by
the Medicare Prescription Drug Improvement and Modernization Act of 2003................................................................................................................................................. $238,900,000
Office
for Refugees and Immigrants.
4003-0122 For
a Citizenship for New Americans Program to assist legal permanent residents in
the commonwealth in becoming citizens of the United States; provided, that the
office for refugees and immigrants shall administer the 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
shall provide assistance to persons who are within 3 years of eligibility to
become citizens of the United States; provided further, that services shall be
designed to include:
Division of Health Care
Finance and Policy.
4100-0060 For
the operation of the division and the administration of the Health Safety Net Trust
Fund established in section 36 of chapter 118G of the General Laws; provided,
that notwithstanding any general or special law to the contrary, the assessment
to acute hospitals authorized pursuant to section 5 of said chapter 118G for
the estimated expenses of the division shall include in fiscal year 2009, 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 2009 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 in the health safety net office; provided further, that the
division shall promulgate regulations requiring all hospitals receiving
payments from the Health Safety Net Trust Fund 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 reports to the house and senate committees on ways and means
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
and the joint committee on health care financing not later than December 6,
2008 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 the Health Safety Net
Trust Fund in fiscal year 2008; (2) the total dollar amount billed to the Health
Safety Net Trust Fund in fiscal year 2008; (3) the demographics of the
population using the Health Safety Net Trust Fund and (4) the types of services
paid for out of the Health Safety Net Trust Fund in fiscal year 2008; 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 those individuals to the Health
Safety Net Trust Fund; provided further, that the division shall include in the
report possible disincentives the state could provide to hospitals to
discourage such behavior; provided further, that notwithstanding any general or
special law or rule or regulation to the contrary, the division shall not allow
any exceptions to the usual and customary charge defining rule as defined in
114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible
pharmacy providers for publicly-aided and industrial accident patients;
provided further, that the division may change the pricing standard used by
said division when determining the rate of payment to pharmacy providers for
prescribed drugs for publicly-aided or industrial accident patients if such a
change would financially benefit the commonwealth; provided further the
division, after consultation with the secretary and the chairs of the senate
and house committees on ways and means, may adjust pharmacy dispensing fees for
multiple source prescription drugs to compensate for any reduction as a result
of the upper limits implemented under the Deficit Reduction Act of 2005;
provided further, that the division shall submit to the house and senate
committees on way and mean and the joint committee on heath care financing, not
later than December 6, 2008, a report detailing rate or other payment appeals
submitted to the division by skilled nursing facilities and rest homes
including: (1) the initial date of appeal; (2) the amount of payment in dispute;
(3) the status of each appeal; and (4) the commonwealth’s response and
date issued; provided further, that not less than $500,000 shall be expended to
examine the factors that contribute to the cost increases of the health care
delivery system and strategies employed by the provider community to reduce
cost growth; provided further, that in preparing its report the division shall
conduct a public hearing on the matter; and provided further, that the division
shall submit its findings to the joint committees on health care financing and
the house and senate committees on ways and means no later than February 14,
2009........... $17,513,039
OFFICE OF DISABILITIES
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,
4110-3010 and 4110-4000; provided further, that the amount transferred from any
of those items 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 2009 that extend or expand services beyond the level of services provided
in fiscal year 2008 shall not annualize above those amounts in fiscal year 2010........................................... $1,143,989
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; provided further,
that not less than $500,000 shall be expended for the talking information
center; provided further, that not less than $450,000 shall be expended for the
deaf-blind community access network; and provided further, that not less than
$10,000 shall be expended for the Audible Local Ledger of Falmouth.................................................................. $4,365,633
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............................................................................... $369,796
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..................................
$10,663,291
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 $2,920,455
4110-4000 For
the administration of the Ferguson Industries for the Blind; provided, that
retired workshop employees shall receive grants equal to three-fourths 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........................................................................................................... $1,923,538
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 those items 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 2009 shall not annualize above those amounts in fiscal year
2010; 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 $598,128
4120-2000 For
vocational rehabilitation services operated in cooperation with the federal
government; provided, that no funds from the federal vocational rehabilitation
grant or state appropriation shall be deducted for pensions, group health and
life insurance and any other such indirect cost of the federally-reimbursed
state employees; and provided further, that the commissioner, in making
referrals to service providers, shall take into account the client’s place of
residence and the geographic proximity of the nearest provider to the residence............................................... $10,782,471
4120-3000 For
employment assistance services; provided, that vocational evaluation and
employment services for severely disabled adults may, subject to appropriation,
be provided...................................................................... $8,361,446
4120-4000 For
independent living assistance service; provided, that not less than $949,295
shall be expended for assistive technology devices and training for individuals
with severe disabilities; provided further, that not less than $200,000 shall
be expended for the SHARE Foundation at the University of Massachusetts at
Dartmouth; and provided further, that not less than $100,000 shall be expended
for the Joseph F. Timilty Adult Day Health and Memory Loss Center $12,424,034
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 $1,572,888
in state fiscal year 2010........................................... $884,393
4120-5000 For
homemaking services.................................................................................................................... $5,868,362
4120-6000 For
head injured services; provided, that the commission shall work with the
executive office of health and human services to maximize federal reimbursements
for clients receiving head injured services; provided further, that the
commission shall expend funds on a 24-hour basis for persons with severe head
injuries in western Massachusetts; provided further, that not less than $100,000
shall be expended for the Cape Cod head injury program; and provided further,
that not less than $75,000 shall be expended on the Keeping Every Youth Safe
program at the Massachusetts Brain Injury Association............................................................................................................... $10,933,588
4125-0100 For
the operation of and services provided by the
Soldiers’ Home in
4180-0100 For
the maintenance and operation of the Soldiers’ Home in Massachusetts located in
the city of Chelsea, including a specialized unit for the treatment of
Alzheimer’s disease patients; provided, that graduates from the LPN school of
nursing shall work in state-operated facilities for at least 1 year; provided
further, that no fee, assessment or other charge shall be imposed upon or
required of any person for any outpatient treatment, admission or
hospitalization which exceeds the amount of fees charged in fiscal year 2008;
provided further, that no new fee, assessment or other charge shall be
implemented in fiscal year 2009; provided further, that all pharmacy services
shall be paid through the state office of pharmacy services chargeback, item 4510-0108
of section 2B; and provided further, that no charge or contract shall be made
with any alternate vendor to provide pharmacy services other than the state
office of pharmacy services............................................................................................................................................ $26,794,694
4180-1100 For
the Soldiers’ Home in Massachusetts which 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
2008; provided further, that no new fee, assessment or other charge shall be
implemented in fiscal year 2009 except those associated with the use of
telephones and televisions; provided further, that all pharmacy services shall
be paid through the state office of pharmacy services chargeback, item
4510-0108 of section 2B; and provided further, that no charge or contract shall
be made with any alternate vendor to provide pharmacy services other than the
state office of pharmacy services.......................................................................................................... $20,272,654
4190-0101 For
the Soldiers’ Home in Holyoke which may expend for its operation an amount not
to exceed $82,709 from the licensing of the property for placement of aerial
antennas.............................................................................. $82,709
4190-0102 For
the Soldiers’ Home in Holyoke which may expend for the outpatient pharmacy
program an amount not to exceed $150,805 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 2008; provided further, that all pharmacy services shall be paid through
the state office of pharmacy services chargeback, item 4510-0108 of section 2B;
and provided further, that no charge or contract shall be made with any
alternate vendor to provide pharmacy services other than the state office of
pharmacy services.......................................... $150,805
4190-0200 For
the Soldiers’ Home in Holyoke which 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 For
the Soldiers’ Home in Holyoke which 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 further, 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 2009 and 2010, to
the house and senate committees on ways and means by
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 $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 $22,828,627
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.......................................................... $25,719,287
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 to address the needs of the female population; provided further, that
funds shall be expended to address suicide prevention; provided further, that
all pharmacy services costs shall be paid through the state office of pharmacy
services chargeback, item 4510-0108 of section 2B; provided further, that no
charge or contract shall be made with any alternate vendor to provide pharmacy
services other than the state office of pharmacy services; provided further,
that the commissioner may transfer up to 7 per cent of the amount appropriated
in this item to items 4200-0100 and 4200-0200; and provided further, that 30
days before any such transfer is made, the commissioner shall file with the
secretary of administration and finance and the house and senate committees on
ways and means a plan showing the amounts to be transferred and the reason for
the proposed transfer $105,563,546
4200-0500 For the department of youth services’ education system; provided, that not less than $2,550,000 shall be expended for the annualization of enhanced salaries of teachers........................................................................... $3,300,000
OFFICE OF CHILDREN,
YOUTH
Department
of Transitional Assistance.
4400-1000 For
the central administration of the department of transitional assistance;
provided, that during fiscal year 2009 the department shall maintain 2
transitional assistance offices in the city of Springfield; provided further,
that all costs associated with verifying disability for all programs of the
department shall be paid from this item; provided further, that the department
shall submit on a monthly basis to the house and senate committees on ways and
means and the secretary of administration and finance a status report on
program expenditures, savings and revenues, error rate measurements, and public
assistance caseloads and benefits; provided further, that the department shall
collect all out-of-court settlement restitution payments; provided further,
that the restitution payments shall include, but not be limited to, installment
and lump sum payments; provided further, that notwithstanding any general or
special law to the contrary, unless otherwise expressly provided, federal
reimbursements received for the purposes of the department, including
reimbursements for administrative, fringe and overhead costs, for the current
fiscal year and prior fiscal years, shall be credited to the General Fund;
provided further, that an application for assistance under chapter 118 of the
General Laws shall be deemed an application for assistance under chapter 118E
of the General Laws; provided further, that if assistance under said chapter
118 is denied, the application shall be transmitted by the department to the
executive office of health and human services for a determination of
eligibility under said chapter 118E; provided further, that the department
shall, to the extent feasible within the appropriation provided, provide for
extended office hours; and 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...........................................................
$68,136,719
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 grant 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 with the highest rates of hunger as defined by the United States
Census Bureau; provided further, that Project Bread shall file with the clerk
of the house of representatives and the clerk of the senate an annual report on
the status of hunger in the commonwealth and a detailed explanation of the
hunger prevention strategies that have been developed and implemented not later
than
4400-1025 For
domestic violence specialists at local area offices...................................................................... $722,345
4400-1100 For
the payroll of the department’s caseworkers; provided, that only employees of
bargaining unit eight shall be paid from this item................................................................................................................................... $58,872,706
4401-1000 For
employment and training services, including support services, for recipients of
benefits provided under the transitional aid to families with dependent
children program and the absent parents of those recipients; provided, that
funds from this item may be expended on former recipients of the program for up
to 1 year after termination of their benefits; provided further, that not less
than $4,600,000 shall be expended for the Young Parents Program; and provided
further, that certain parents who have not yet reached the age of 18 years,
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 eligible
to receive services $27,220,672
4401-1100 For
the department of transitional assistance which may expend not more than
$7,000,000 from federal bonuses and from reimbursements received from the
United States Department of Agriculture for food stamp outreach and employment
and training programs and any enhanced funding or bonuses; provided, that the
department may expend such revenue for employment and training services
provided to recipients of transitional aid to families with dependant 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 2008 unless the department determines that a reduction in
the monthly payment standard should be implemented before the end of the fiscal
year to keep program expenditures within the amounts appropriated in this item;
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 subsection (e) of section
110 of chapter 5 of the acts of 1995, or any successor statute, shall be 2.75
per cent below the otherwise applicable payment standard, in fiscal year 2009,
pursuant to the state plan required under the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996; provided further, that the department
shall notify parents under the age of 20 receiving benefits from the program of
the requirements in clause (2) of subsection (i) of
said section 110 of said chapter 5 of the acts of 1995, 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 2008; provided further, that the children’s
clothing allowance shall be included in the standard of need for the month of
September 2008; 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 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 the
payments are to be made or within the 3-month period after the month of payment
and who, if the 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 the loss; provided further, that the department shall
review and revise its disability standards to reflect current medical and vocational
criteria; provided further, that no funds from this item shall be expended by
the department for child care, family reunification benefits, or transportation
services for the employment and training program; provided further, that the
department shall provide oral and written notification to all recipients of
their child care benefits, including the full range of child care options, at
the time of application and on a semi-annual basis; provided further, that the
notice shall further advise recipients of the availability of food stamps
benefits; provided further, that all recipients of transitional aid to families
with dependent children shall be screened for food stamp eligibility at the
time of application; provided further, that the department may provide
state-funded transitional benefits alternative payments to those recipients
ineligible for these payments through the federal food stamp program because
assistance under this item was paid by a solely state-funded program; provided
further, that the department may reimburse the United States Department of
Agriculture for such transitional benefit alternative payments made in fiscal
year 2009; 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 the proposed
changes; and provided further, that the report shall state the
department’s most accurate assessment of the probable effects of benefit or
eligibility changes upon recipient families................................................................................................. $302,742,675
4403-2007 For
the department of transitional assistance to develop and implement a
nutritional benefit program for low-income workers; provided, that benefits
shall be provided only to those whose receipt of these benefits will improve
the work participation rate under the federal program of temporary assistance
for needy families..... $1,200,000
4403-2119 For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995, 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.................................................................................................. $6,927,953
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 may
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 the department shall report quarterly to the house and
senate committees on ways and means on the emergency assistance family shelter
program; provided further, that the report shall contain the same data required
in this item in chapter 139 of the acts of 2006; and provided further, that the
Massachusetts Coalition for the Homeless First Stop Homelessness Prevention
Initiative and the Horizons for Homeless Children Playspace
Program shall receive not less than the same amount of funding as in fiscal
year 2008........................................................................................................................................................... $85,567,847
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.................................................................................................................................................. $219,054,536
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, 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 funds through this item in fiscal year 2008 shall receive not less than that same percentage share of this appropriation in fiscal year 2009; provided further, that no funds shall be expended for costs associated with the homeless management information system; and provided further, that funds appropriated to this item from item 4000-0117 shall be calculated and distributed separately from any additional rate increase provided................................................................................................. $36,281,684
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; 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 transitional assistance and the chairpersons of the house and senate
committees on ways and means no later than
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 the aid under chapter 117A of the General Laws and regulations
promulgated by the department and subject to the limitations of appropriation
therefor; 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 individual shall not be a subject to sponsor income deeming
or related restrictions; 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 said
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 $71,976,084
Department of Public Health.
4510-0100 For
the operation of the department;
provided, that the department of public health shall report to the joint
committee on public health, the joint committee on health care financing and
the house and senate committees on ways and means not later than
4510-0106 For
the end of life care commission, established in section 480 of chapter 159 of
the acts of 2000; provided, that not more than $35,000 shall be expended from
revenues associated with grant and development activities $35,000
4510-0110 For
community health center services; provided, that no funds shall be expended in
the AA object class; provided further, that $1,000,000 shall be expended for
the managed care program at community health centers known as CenterCare; provided further, that not less than $200,000
shall be expended for the Community Health Center of Cape Cod; provided
further, that $225,000 shall be expended on a statewide program of technical
assistance to community health centers to be provided by a state primary care
association qualified under section 330(f)(1) of the United States Public
Health Service Act, 42 U.S.C. section 254c(f)(1); provided further, that not
less than $150,000 shall be expended for the Duffy Health Center; and provided further, that not less
than $125,000 shall be expended for Merrimack Valley Hospice Home Care.......................................................................................................................... $6,917,772
4510-0600 For
an environmental and community health hazards program, including control of radiation
and nuclear hazards, consumer products protection, food and drug inspection,
lead poisoning prevention under sections 189A to199B of chapter 111 of the
General Laws, lead-based paint inspections in day care facilities, inspection
of radiological facilities, and licensing of x-ray technologists, and for the
administration of the bureau of environmental health assessment for the purpose
of implementing chapter 111F of the General Laws; provided further, that the
department shall file a report with the house and senate ways and means
committees, the joint committee on public health, and the joint committee on
health care financing, on the status of local health inspections of food
establishments, consistent with the department of public health food safety
regulations and a report on the current waiting list for indoor air inspections
by October 1, 2008; 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 2, 2009; provided further, that $150,000 shall be
expended for the completion of the comprehensive study of the exposure routes
and patterns of contaminants in the Maple Meadowbrook Aquifer migrating to and
affecting the Wilmington drinking water supply and the study of incidents of
childhood cancer in the town of Wilmington; and provided further, that not more
than $14,800 shall be allocated to the Franklin Regional Council of Governments
for costs associated with the regional public health program...................................................................................................................... $4,023,923
4510-0615 For
the department which may expend not more than $75,000 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 $1,449,195 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............................................................................................................................................................. $1,449,195
4510-0616 For
the department which may expend not 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 investigators shall conduct investigations of abuse, neglect, mistreatment
and misappropriation; 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 in the office of the attorney
general; 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 $40,000 shall
be expended for Bedside Advocates, Inc. for the development of a pilot project
focused on transitional care for geriatric patients transitioning to their
homes from acute care hospitals.................................................................................................................................... $8,717,714
4510-0712 For
the department of public health; provided, that the department may expend not
more than $504,922 in revenues collected from the licensure of health
facilities for program costs of the division of health care quality; provided
further, that the department may expend not more than $800,000 from revenues
collected from individuals applying for emergency medical technician licensure
and recertification; 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 revenue 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 therefor as reported in the state accounting system.................................................................................................................. $1,304,922
4510-0715 For
the operation of a center for primary care recruitment and placement to improve
access to primary care services; provided, that not less than $500,000 shall be
expended for a primary care workforce development and loan forgiveness grant
program....................................................................................................................................... $850,000
4510-0716 For
the operation of an evidence-based outreach and education program designed to
provide information and education on the therapeutic and cost-effective
utilization of prescription drugs to physicians, pharmacists and other health
care professionals authorized to prescribe and dispense prescription drugs.................................... $500,000
4510-0720 For
a scholarship program for certified nurses’ aide and direct care worker
training; provided, that recipients of the scholarship shall commit to working
in the commonwealth for 2 years following certification; provided further, that
no funds shall be expended in the AA object class; provided further, that the
scholarships shall cover the full cost of tuition to an approved certified
nurses’ aide or long-term care direct worker training program, including
approved programs providing for cross-training; provided further, that
funds shall also be available to provide adult basic education and
English as a second language training for applicants otherwise meeting criteria
for the scholarships, as well as pilot training programs using enhanced
curricula designed to support increased retention; provided further, that the
department shall, in consultation with the nursing home industry, consumer
groups, the department of labor and workforce development, the Commonwealth
Corporation, training providers and other appropriate state and local agencies,
conduct outreach regarding the availability of such scholarships; provided
further, that the department shall consult with the scholarship program
advisory council and the extended care career ladder initiative to review and
recommend new training requirements for certified nurses’ aides, home health
aides and home care workers to improve the quality of the direct care workforce
and the quality of care provided in all long-term care settings by developing
skill standards, supporting the transition from training to work, improving
retention, promoting portability, recognizing career advancement curricula and
addressing language and education barriers; and provided further, that costs
for outreach activities shall not exceed 5 per cent of the amount appropriated
in this item and administrative costs of the program shall not exceed 5 per
cent of the amount appropriated in this item............................ $250,000
4510-0721 For
the operation and administration of the board of
registration in nursing............................. $1,675,170
4510-0722 For
the operation and administration of the board of registration in pharmacy............................ $541,311
4510-0723 For
the operation and administration of the board of registration in medicine and
the committee on acupuncture............................................................................................................................................................. $2,670,027
4510-0725 For
the operation and administration of certain health boards of registration,
including the boards of registration in dentistry, nursing home administrators,
physician assistants, perfusionists, genetic counselors and respiratory care................................................................................................................................................................ $472,097
4510-0726 For
the board of registration in medicine which may expend for the administration
of the board, including the physician profiles program, an amount not to exceed
$300,000 from new revenues associated with increased license and renewal fees......................................................................................................................................................... $300,000
4510-0790 For
regional emergency medical services; provided, that no funds shall be expended
in the AA object class; provided further, that the regional emergency medical
services councils, designated under 105 CMR 170.101 and the C-
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 funds shall be expended for a contract with the Massachusetts Children’s
4512-0103 For
human immunodeficiency virus and acquired immune deficiency syndrome services
and programs; provided, that no funds shall be expended in the AA object class;
provided further, that particular attention shall be paid to direct funding
proportionately to 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; and
provided further, that no funds from this item shall be expended for disease
research in fiscal year 2009.................. $37,166,608
4512-0106 For
the department of public health which may expend for the human immunodeficiency
virus and acquired immune deficiency syndrome drug assistance program an amount
not to exceed $1,500,000 from revenues received from pharmaceutical
manufacturers participating in the section 340B rebate program of the Public
Health Service Act, administered by the federal Health Resources and Services
Administration and Office of Pharmacy Affairs $1,500,000
4512-0200 For
the operation of the division of substance abuse services; provided, that no
funds shall be expended in the AA object class; provided further, that not less
than $3,000,000 shall be expended for the establishment of 60 community-based
beds in locked-down, non-correctional settings for men who have been civilly
committed to a substance abuse treatment program pursuant to section 35 of
chapter 123 of the General Laws; provided
further, that not less than $2,000,000 shall be expended for six regional
recovery support centers; provided further, that not less than $1,500,000 shall
be expended for 3 Sobriety High Schools; provided further, that not less than
$1,500,000 shall be expended for maintaining the substance abuse and mental
health pilot programs in houses of correction in Hampden county, Norfolk
county, Middlesex county and Barnstable county; provided further, that 1
counselor shall continue to be assigned for every 200 inmates within each
facility; provided further, that not
less than $1,149,750 shall be expended to Gavin Foundation for a male
adolescent residential facility for substance abuse and rehabilitation services
and for an adjoining female adolescent residential facility for substance abuse
and rehabilitation services, totaling 28 beds, located in the South Boston
section of the city of Boston; provided
further, that not less than $833,000 shall be expended for the Volunteers of
America Rebound Youth Residential Recovery Program at Long Island Hospital in
the city of Boston for substance abuse and rehabilitation services to youths
with addictions; provided further,
that not less than $500,000 shall be provided to the Essex county district
attorney to continue to develop a pilot program for non-violent offenders in a
non-correctional locked down substance abuse treatment facility; provided further, that not less than
$400,000 shall be provided to the Boston municipal court to fund treatment
coordinators for the drug court program to treat nonviolent, substance-abusing
offenders; provided further, that not less than $400,000 shall be expended to
fund 10 beds through the CAB program in conjunction with the H.E.A.T. program
at Woburn the division of the district court; provided further, that not less
than $319,500 shall be expended for a contract with Gavin Foundation, Inc., to
provide a Total Immersion program in conjunction with the probation departments
of the South Boston division of the district court, the Somerville division of
the district court, the Hingham division of the district court, the Brighton
division of the district court, and other district courts and that the funding
shall be expended for the maintenance of a training program by the Gavin
Foundation for a statewide Total Immersion program; provided further, that not
less than $250,000 shall be expended for the New Beginnings program; provided
further, that not less than $225,000 shall be expended for the operation of the
Barnstable Action for New Directions (BAND) program facilitated by the Gosnold
Society of Cape Cod Inc., in conjunction with the Barnstable district court and
the Cape and Islands district attorney; provided further, that not less than
$200,000 shall be expended for a substance abuse treatment program for children
in the custody of the department of youth services; provided further, that not
less than $200,000 shall be expended for the Link House, Inc., in the town of
Salisbury, for purposes of establishing transitional housing for women in
recovery from substance abuse; provided
further, that $200,000 shall be expended for the Massachusetts Interscholastic
Athletic Association’s substance abuse program; provided further, that not less than $155,000 shall be expended
for the maintenance and operation of the Intensive Outpatient Program at the
South Boston Collaborative for the purposes of responding to adolescent suicide
clusters and drug abuse in the South Boston section of the city of Boston; provided
further, that not less than $150,000 shall be expended to the Berkshire County
Youth Development Project for youth intervention services; provided further,
that there shall be a recovery support center in each region; provided further, that $150,000 shall
be expended for the Hampden county Residential Program For Women; provided
further, that $150,000 shall be expended for the Northern Educational Services,
Inc., in Springfield, to operate the Youth Zone Program; provided further, that
not less than $145,000 shall be expended in grants for the Framingham Coalition
for the Prevention of Drug and Alcohol Abuse; provided further, that not less
than $125,000 shall be expended for Self Esteem Boston’s substance abuse direct
service prevention programs and provider training programs; provided further,
that not less than $100,000 shall be expended on the Russian Teens-at-Risk
program operated by the Jewish Family Children's Service in the cities of
Boston and Lynn and the town of Brookline; provided further, that not less than
$100,000 shall be expended for the Winchester Substance Abuse Coalition in the
town of Winchester; provided further, that not less than $90,000 shall expended
for Franklin Medical Center’s Beacon Recovery Program at the Orange Recovery
House; provided further, that $75,000 shall be expended to continue an Opiate
Abuse Prevention and Intervention Program for Youth in the city of Melrose; provided
further, that not less than $75,000 shall be provided to Second Step, Inc. in
the city of Newton for the provision of substance abuse prevention and
education programs to the survivors of domestic violence and their children; provided
further, that not less than $75,000 shall be expended for the Tynan Community
Center’s Adolescence Wellness Program in the South Boston section of the city
of Boston; provided further, that not less than $70,000 shall be expended for
the Adolescent Education program of the South Boston Neighborhood House in the
South Boston section of the city of Boston; provided further, that not less
than $50,000 shall be expended for teens through programs provided by the
Ashland Recreational Department; and provided further, that not less than
$50,000 shall be expended for the Louis D. Brown Peace Institute for homicide
victims' family support services and anti-violence advocacy programs................................ $79,337,940
4512-0202 For
2 pilot pre-arraignment jail diversion programs for nonviolent offenders with OxyContin or heroin addiction to be operated by the
department of public health; provided, that each program shall have at least 60
beds and shall provide inpatient treatment for up to 90 days; provided further,
that individuals may be diverted to this program by a district attorney in
conjunction with the office of the commissioner of probation if: (1) there is
reason to believe that the individual being diverted suffers from a dependency
to OxyContin or heroin; and (2) the diversion of an
individual is clinically appropriate and consistent with public safety;
provided further, that both programs shall be established in separate counties
on property administered by the county's sheriff or an alternative location
deemed suitable by the department of public health; and provided further, that
the department of public health shall coordinate operations with county
sheriffs, the district attorneys, the office of the commissioner of probation
and the department of correction............................................................................................................................................................. $5,000,000
4512-0225 For
the department of public health; provided, that the department 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; 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 revenue 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 therefor as reported in the state accounting
system............................................................................................................................................................. $1,000,000
4512-0500 For
dental health services; provided, that no funds shall be expended in the AA
object class; provided further, that funds shall be expended to maintain a
program of dental services for the developmentally disabled; provided further,
that not less than $750,000 shall be expended for the Forsyth Institute’s
Center for Children’s Oral Health to fund a school-based demonstration project
to offer preventative oral health care to children in high need areas including
Boston, Lynn, and the Cape and Islands; provided
further, that not less than $500,000 shall be expended on the open wide health
pilot program in Hampden county; provided further, that not less than $122,000
shall be allotted to the Taunton Oral Health Clinic in the city of Taunton for
the basic dental needs of moderate and low-income residents of southeastern
Massachusetts; and provided further, that not less than $90,000 shall be
expended to Harbor Health Services, Inc. for support and implementation of a
model dental program that provides comprehensive dental care for low-income
uninsured adults on Cape Cod.................................................................................. $3,119,016
4513-1000 For
the provision of family health services; provided, that no funds shall be
expended in the AA object class; provided further, that funds shall be expended
for the operations of the Regional Poison Control Center and the Massachusetts
Birth Defects Monitoring Program; provided further, that not less than $6,000,000
shall be provided for comprehensive family planning services, including HIV
counseling and testing, community-based health education and outreach services,
provided by agencies certified as comprehensive family planning agencies,
family planning clinics and primary care services for women and children;
provided further, that not less than $350,000 shall be expended for ROCA, Inc.
for outreach and youth development for at-risk youth and young adults in
Chelsea, Revere, and East Boston; provided further, that not less than $150,000
of said funds shall be expended for such programs in the Bowdoin/Geneva and the
Uphams Corner/North Dorchester sections of the city
of Boston; provided further, that
not less than $50,000 shall be expended for Falmouth Family Planning; provided further, that not less than
$50,000 shall be expended for the Molly Bish Institute for Child Safety at
Mount Wachusett Community College; and
provided further, that $10,000 shall be expended for the Cancer House of Hope
in the city of Westfield........ $7,260,000
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; 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 For
the department of public health which may expend for the early intervention
program not more than $6,500,000 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..................................................................................................... $6,500,000
4513-1012 For
the department of public health which may expend not more than $24,600,000 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......................................................................................................................... $24,600,000
4513-1020 For
the early intervention program; provided, that no funds shall be expended in
the AA object class; 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 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
2, 2009; 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; provided further, 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 early intervention
services funded in this item; provided further, that funds from this item may
be expended for a rate increase; and provided further, that not less than
$1,000,000 shall be expended for the provision of cost reimbursement funding to
certified Early Intervention programs $42,936,049
4513-1023 For
the universal newborn hearing screening program; provided, that no funds shall
be expended in the AA object class.................................................................................................................................................................. $84,076
4513-1024 For
the operation of a comprehensive, state wide shaken baby syndrome prevention
program including community-based, hospital-based and statewide activities;
provided, that services funded through this item shall include, but not be
limited to, education, training, intervention, support, surveillance and
evaluation............. $350,000
4513-1026 For
the provision of statewide and community-based suicide prevention,
intervention, post-intervention, and surveillance activities; provided, 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;
and provided further, that funds shall be expended for the operation of the
Veterans in Crisis Hotline................................................................................................................................................ $3,750,000
4513-1111 For
the promotion of health and disease prevention including, but not limited to,
the following programs: breast cancer prevention, diabetes screening and
outreach, ovarian cancer screening, stroke treatment and ongoing prevention,
hepatitis C prevention and management, multiple sclerosis screening, education
and research, renal disease prevention and management, Lyme disease prevention
and research, colorectal cancer prevention, prostate cancer screening, education
and treatment with a particular focus on African American males, osteoporosis
education, a program to combat mental retardation in children suffering from a genetic
effect causing phenylketonuria,
maintenance of the Amyotrophic Lateral Sclerosis registry created pursuant section
25A of chapter 111 of the General Laws, maintenance of the statewide lupus
database and the operation of the Betsy Lehman Center for patient safety; provided
further, that the department shall expend not less than the same amount
available in each item in fiscal year 2008; and provided further, that sites
for Hepatitis C services shall be distributed throughout the commonwealth so as
to ensure coverage in all geographic regions, including currently underserved
areas proximate to Boston, Cape Ann, Fitchburg, Leominster, Lowell, Pittsfield,
Springfield and Worcester....................................................... $14,197,093
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 domestic violence services for qualified aliens, in accordance with 8 U.S.C.
section 1641 (c), and refugees and
statewide suicide and violence prevention outreach to gay and lesbian youth; provided
further, that funds shall be expended for certified batterer intervention program services; and provided
further, that not less than $250,000 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 gay, lesbian, bisexual and
transgender community........................................................................................................... $5,096,677
4516-0263 For
the department of public health which may expend not more than $1,442,468 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 therefor, as reported in the state accounting
system.................................................. $1,442,468
4516-1000 For
the administration of the center for laboratory and communicable disease
control services, 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 not less
than $240,000 shall be expended for the maintenance of the statewide rabies
control program coordinated by the department of public health, providing
assistance to cities, towns and the public and for the interagency
collaboration through the rabies advisory committee, the 24-hour epidemiological
and clinical consultation for rabies exposures and the rapid laboratory
diagnostic services; and provided further, that of the $240,000, not less than
$150,000 shall be expended for the continuation of the Oral Rabies Vaccine
Project on Cape Cod operated through a contract with Tufts University School of
Veterinary Medicine in collaboration with the federal Centers for Disease
Control and Prevention.............................................................................. $15,576,978
4516-1022 For
the department of public health which 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 said laboratory; 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 For
the department of public health which 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; 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; provided further, that
funds shall be expended on programming directed at children under the care of
the department of social services who are at high risk for teenage pregnancy;
provided further, that the department shall report to the house and senate
committees on ways and means not later than
4570-1502 For
the purposes of implementing a proactive statewide infection prevention and
control program $1,000,000
4580-1000 For
the operation of the universal immunization program; provided, that no funds
shall be expended in the AA object class.................................................................................................................................................. $51,581,508
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;
provided further, that not less than $15,000,000 shall be expended for school
nurses and 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 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 $200,000 shall be expended for the North Quabbin Community
Coalition for support and implementation of 4 model community coalitions and
community capacity-building activities; 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 shall 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 1 or more schools may be included in
an application; provided further, that grant applications and other appropriate
criteria shall be determined and reviewed by the department; and provided further,
that not less than $100,000 shall be expended for the H.E.L.P. program for
black male health....................................................................................................................................... $16,782,134
4590-0300 For
smoking prevention and cessation programs; provided, that no funds shall be expended
in the AA object class........................................................................................................................................................... $12,750,000
4590-0912 For the department of public health which may expend an amount not to exceed $16,542,017 from reimbursements collected for western Massachusetts hospital services; provided, that notwithstanding any general or special law to the contrary, the hospital shall be eligible to receive and retain full reimbursement from the Medicaid program; 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 furt