Chapter 45 of the Acts of 2005
Whereas, The deferred operation of this act would tend to defeat its purpose, which is immediately to make appropriations for the fiscal year beginning July 1, 2005, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions and other services, and for certain permanent improvements and to meet certain requirements of law, the sums set forth in sections 2, 2B, 2D and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D and 3, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof for the fiscal year ending June 30, 2006. All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons. All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.
|
Fiscal Year
2006 Revenue by Source and Budgeted Fund (in Millions) |
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Source |
All |
General |
Highway |
School Mod. |
MBTA |
|
|
Budgeted |
Fund |
Fund |
and Recon.
|
|||
|
Funds* |
|
|
Trust |
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|
|
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|
Tax Revenue |
||||||
|
Alcoholic
Beverages |
69.6 |
69.6 |
- |
- |
- |
|
|
Cigarettes |
400.8 |
332.1 |
- |
- |
- |
|
|
Corporations |
1,160.3 |
1,160.3 |
- |
- |
- |
|
|
Deeds |
161.9 |
161.9 |
- |
- |
- |
|
|
Estate |
220.9 |
220.9 |
- |
- |
- |
|
|
Financial
Institutions |
210.3 |
210.3 |
- |
- |
- |
|
|
Income |
9,527.9 |
9,527.9 |
- |
- |
- |
|
|
Insurance |
412.1 |
412.1 |
- |
- |
- |
|
|
Motor Fuels |
708.3 |
101.6 |
605.8 |
- |
- |
|
|
Public
Utilities |
59.9 |
59.9 |
- |
- |
- |
|
|
Room Occupancy |
105.3 |
68.4 |
- |
- |
- |
|
|
Sales-Regular |
2,830.5 |
1,845.3 |
- |
400.8 |
584.4 |
|
|
Sales-Meals |
585.4 |
585.4 |
- |
- |
- |
|
|
Sales-Motor
Vehicles |
621.0 |
404.9 |
- |
87.9 |
128.2 |
|
|
Miscellaneous |
4.2 |
4.2 |
- |
- |
- |
|
|
UI Surcharges |
21.5 |
- |
- |
- |
- |
|
|
Total Taxes |
17,100.0 |
15,164.9 |
605.767 |
488.7 |
712.6 |
|
|
|
|
|
|
|
|
|
|
Anticipated
changes to tax laws |
105.0 |
105.0 |
- |
- |
- |
|
|
Enhanced audits |
78.0 |
78.0 |
|
|
|
|
|
Total
Changes |
183.0 |
183.0 |
- |
- |
- |
|
|
|
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|
Total Taxes |
17,283.0 |
15,347.9 |
605.8 |
488.7 |
712.6 |
|
|
SBAB Transfer |
(488.7) |
|
|
(488.7) |
|
|
|
MBTA Transfer |
(712.6) |
|
|
|
(712.6) |
|
|
Pension Transfer |
(1,274.7) |
(1,274.7) |
- |
- |
- |
|
|
Total Taxes for Budget |
14,807.0 |
14,073.2 |
605.8 |
- |
- |
|
|
|
|
|
|
|
|
|
|
Non-Tax
Revenue |
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|
|
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|
Federal
Reimbursements |
5,263.0 |
4,933.4 |
3.6 |
- |
- |
|
|
Departmental
Revenues |
1,969.2 |
1,489.4 |
444.2 |
- |
- |
|
|
Consolidated
Transfers |
1,394.6 |
2,100.3 |
(0.3) |
- |
- |
|
|
GRAND TOTAL REVENUE FOR
BUDGET |
23,433.8 |
22,596.3 |
1,053.3 |
- |
- |
|
|
* Includes revenue
deposited into and transfers out of the Workforce Training Fund, Mass Tourism
Fund, Federal Medicaid Assistance Percentage (FMAP) Fund, Inland Fish and
Game Fund, and Stabilization Fund. |
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SECTION
1B. The comptroller shall keep a distinct account of actual receipts of non-tax
revenues by each department, board, commission or institution to furnish the
executive office for administration and finance and the house and senate
committees on ways and means with quarterly statements comparing such receipts
with projected receipts set forth herein and to include a full statement
comparing such receipts with projected receipts in the annual report for such
fiscal year pursuant to section 12 of chapter 7A of the General Laws. The
quarterly and annual reports shall also include detailed statements of any
other sources of revenue for the budgeted funds in addition to those specified
in this section.
Non-Tax Revenue: Department
Summary
Unrestricted Non- Restricted Non- Total Non-Tax
Revenue Tax Tax
Source
Judiciary
Supreme Judicial Court $2,500,479 $0 $2,500,479
Committee for Public Counsel $35,000 $750,000 $785,000
Appeals Court $434,503 $0 $434,503
Trial Court $73,913,900 $37,000,000 $110,913,900
TOTALS : $76,883,882 $37,750,000 $114,633,882
District Attorneys
Northern District Attorney $0 $0 $0
Northwestern District Attorney $0 $0 $0
Eastern District Attorney $0 $0 $0
Middle District Attorney $0 $0 $0
Plymouth District Attorney $0 $0 $0
Hampden District Attorney $0 $0 $0
TOTALS : ($1) $0 ($1)
Office of the Governor
Office of the Governor $0 $0 $0
TOTALS : $0 $0 $0
Office of the Secretary of State
Secretary of State $200,309,224 $105,000 $200,414,224
TOTALS : $200,309,224 $105,000 $200,414,224
Office of the State Treasurer
State Lottery Commission $1,408,690 $0 $1,408,690
Treasurer's Office $300,598,069 $0 $300,598,069
State Lottery Commission $297,047,204 $765,031,181 $1,062,078,385
Mass Cultural Council $8,900,000 $0 $8,900,000
TOTALS : $607,953,963 $765,031,181 $1,372,985,144
Unrestricted Non- Restricted Non- Total Non-Tax
Revenue Tax Tax
Source
State Auditor's Office
State Auditor's Office $0 $0 $0
TOTALS : $0 $0 $0
Office of the Attorney General
Attorney General $8,293,341 $0 $8,293,341
Victim Witness Assistance $0 $0 $0
TOTALS : $8,293,341 $0 $8,293,341
Ethics Commission
Ethics Commission $31,100 $0 $31,100
TOTALS : $31,100 $0 $31,100
Office of the Inspector General
Inspector General $0 $493,819 $493,819
TOTALS : $0 $493,819 $493,819
Campaign & Political Finance
Campaign & Political Finance $48,000 $0 $48,000
TOTALS : $48,000 $0 $48,000
Office of the State Comptroller
Comptroller's Office $74,481,598 $750,000 $75,231,598
TOTALS : $74,481,598 $750,000 $75,231,598
Executive Office: Administration & Finance
Secretary of Administration & $1,154,749 $0 $1,154,749
Division of Fiscal Affairs - $61,005,229 $0 $61,005,229
Fingold Library $868 $0 $868
Office of Dispute Resolution $0 $0 $0
DCAMM $19,897,206 $13,940,000 $33,837,206
Group Insurance Commission $198,370,342 $0 $198,370,342
Division of Administrative Law $85,000 $0 $85,000
M.C.A.D. $2,000 $2,556,232 $2,558,232
Unrestricted Non- Restricted Non- Total Non-Tax
Revenue Tax Tax
Source
Civil Service Commission $26,627 $0 $26,627
Dept of Revenue $207,650,359 $6,547,283 $214,197,642
Appellate Tax Board $1,374,810 $300,000 $1,674,810
Human Resources Division $12,000 $1,577,500 $1,589,500
Division of Operational Services $1,959,639 $1,008,000 $2,967,639
BSOB $116,401 $0 $116,401
Division of Information $0 $467,837 $467,837
Veterans Affairs $25,626 $300,000 $325,626
TOTALS : $491,680,856 $26,696,852 $518,377,708
Executive Office: Environmental Affairs
Dept of Conservation and $4,140,780 $0 $4,140,780
Secretary of Environmental $1,487,600 $375,000 $1,862,600
Dept of Conservation and $6,014,748 $4,454,826 $10,469,574
Dept of Environmental $42,826,682 $1,200,000 $44,026,682
Fish/Wildlife Environmental $11,976,545 $217,989 $12,194,534
Dept of Conservation and $4,126,276 $3,175,000 $7,301,276
Dept of Food & Agriculture $4,369,614 $0 $4,369,614
TOTALS : $74,942,245 $9,422,815 $84,365,060
Executive Office: Human Services
Secretary of Human Services $2,628,714,145 $291,000,000 $2,919,714,145
Division of Health Care Finance $12,858,837 $0 $12,858,837
Mass Commission for the Blind $3,279,500 $0 $3,279,500
Mass Rehabilitation Commission $2,485,000 $2,000,000 $4,485,000
Mass Commission for the Deaf $183,500 $175,000 $358,500
Department of Early Education and Care $196,113,189 $0 $196,113,189
Chelsea Soldiers' Home $10,594,400 $252,500 $10,846,900
Holyoke Soldiers' Home $12,707,159 $393,603 $13,100,762
Dept of Youth Services $5,263,000 $0 $5,263,000
Unrestricted Non- Restricted Non- Total Non-Tax
Revenue Tax Tax
Source
Dept of Transitional Assistance $413,030,310 $3,000,000 $416,030,310
Dept of Public Health $83,886,337 $57,089,421 $140,975,758
Dept of Social Services $236,962,578 $3,000,000 $239,962,578
Dept of Youth Services $0 $0 $0
Dept of Mental Health $100,016,456 $4,625,000 $104,641,456
Dept of Mental Retardation $423,171,315 $100,000 $423,271,315
TOTALS : $4,129,265,726 $361,635,524 $4,490,901,250
Executive Office: Transportation
Secretary of Transportation $682,331 $27,344 $709,675
Mass Aeronautics Commission $426,636 $0 $426,636
Mass Highway $7,370,375 $7,000,000 $14,370,375
Registry of Motor Vehicles $430,371,700 $10,000,000 $440,371,700
TOTALS : $438,851,042 $17,027,344 $455,878,386
Board of Library Commissioners
Board of Library Commissioners $1,500 $0 $1,500
TOTALS : $1,500 $0 $1,500
Labor, Education and Development
Office of Director of Labor $1,721,274 $152,850 $1,874,124
Dept of Industrial Accidents $19,797,346 $0 $19,797,346
Labor Relations Commission $250 $0 $250
Board of Concilliation & $85,000 $0 $85,000
Office of Communities and $2,584,560 $1,500,000 $4,084,560
Director of Consumer Affairs $0 $0 $0
Secretary of Economic Affiars $3,000 $0 $3,000
Division of Banks $14,308,605 $0 $14,308,605
Division of Insurance $67,301,353 $0 $67,301,353
Division of Registration $13,296,290 $6 $13,296,296
Division of Standards $1,286,325 $929,100 $2,215,425
Unrestricted Non- Restricted Non- Total Non-Tax
Revenue Tax Tax
Source
Dept of Public Utilities $15,093,388 $75,000 $15,168,388
Alcohol Beverages Control $3,628,580 $0 $3,628,580
State Racing Commission $4,640,351 $0 $4,640,351
Division of Energy Resources $1,570,542 $0 $1,570,542
Department of Education $9,245,500 $0 $9,245,500
Higher Education $30,619,855 $529,843 $31,149,698
University of Massachusetts $53,016,977 $0 $53,016,977
TOTALS : $238,199,195 $3,186,799 $241,385,994
Executive Office of Public Safety
Secretary of Public Safety $0 $368,000 $368,000
Chief Medical Examiner $122,000 $1,000,000 $1,122,000
Criminal History Systems Board $4,969,845 $185,000 $5,154,845
Dept of State Police $565,000 $18,250,000 $18,815,000
Criminal Justice Training Council $0 $1,363,500 $1,363,500
Dept of Public Safety $16,829,740 $1,780,000 $18,609,740
Dept of Fire Services $106,208 $0 $106,208
Merit Rating Board $36,000 $0 $36,000
Sex Offender Registry Board $280 $750,000 $750,280
Military Division $1,000 $400,000 $401,000
Emergency Management $823,684 $0 $823,684
Dept of Corrections $11,569,521 $5,600,000 $17,169,521
Sheriff's Department Franklin $69,842 $1,400,000 $1,469,842
Sheriff's Department Berkshire $29,284 $0 $29,284
Sheriff's Department Berkshire $0 $150,000 $150,000
Sheriff's Department Essex $708,400 $2,000,000 $2,708,400
Sheriff's Department Hampden $346,323 $1,030,000 $1,376,323
Sheriff's Department Middlesex $202,400 $925,000 $1,127,400
Sheriff's Department Hampshire $187,750 $163,000 $350,750
Sheriff's Department Worcester $160,800 $0 $160,800
Unrestricted Non- Restricted Non- Total Non-Tax
Revenue Tax Tax
Source
Parole Board $4,000 $600,000 $604,000
Sheriff's Department $0 $0 $0
TOTALS : $36,732,077 $35,964,500 $72,696,577
Executive Office of Elder Affairs
Secretary of Elder Affairs $991,013,965 $0 $991,013,965
TOTALS : $991,013,965 $0 $991,013,965
Legislature
House of Representatives $0 $0 $0
Joint Legislative $0 $0 $0
Senate $0 $0 $0
TOTALS : $0 $0 $0
Total Non-Tax Revenue : $7,368,687,716 $1,258,063,834 $8,626,751,550
SECTION 2. JUDICIARY.
Supreme Judicial Court.
0320-0003
0320-0010
0321-0001
0321-0100
Committee for Public Counsel Services.
0321-1500
For the operation of the committee for public counsel
services as authorized by chapter 211D
of the General Laws; provided, that the committee shall submit a report to the
clerks of the house of representatives and senate, not later than January 31,
2006 that shall include, but not be limited to the following: (a) the number of clients assisted by the committee in
the prior fiscal year; (b) any proposed expansion of legal services delineated
by type of service, target population, and cost; (c) the total number of
persons who received legal services by the committee, by type of case and geographic
location; (d) the costs for services rendered per client, by type of case and
geographic location; (e) the amount paid, if any, to the committee by clients
for services rendered by type of case and geographic location; (f) the average
cost for services rendered by the committee by type of case; (g) the average
number of hours spent per attorney or staff per type of case.............................$16,275,695
0321-1505
For additional costs of the public defender division;
provided, that no funds from this appropriation shall support existing costs
associated with line item 0321-1500; provided further, that the committee shall
submit a report to the house and senate committees on ways and means not later
than January 31, 2006 on the efficiencies gained from the additional resources
provided in this item; provided further, that the report shall include, but not
be limited to the following: (1)
the number of assignment of counsel that this appropriation has shifted from
private bar advocates to the public defender division since the effective date
of this act, (2) the savings the commonwealth has realized from this
appropriation since the effective date of this act, and (3) number of public
defender positions filled and the location of the Sexually Dangerous Persons
office.............$657,436
0321-1510
For compensation paid to private counsel assigned to
criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D; provided, that not more than $1,000,000 of the
sum appropriated in this item may be expended for services rendered before
fiscal year 2006; and provided further, that the rates of compensation paid for
private counsel services from this item shall be the same as the rates paid in
fiscal year 2005................................................................$95,146,675
0321-1518
The chief counsel for the committee for public
services may expend an amount not to exceed $750,000 from revenues collected
from fees charged for attorney representation of indigent clients; provided,
however, that said revenues credited to this account shall only be those
revenues in excess of the amounts for the fees collected in fiscal year 2005 as
calculated on a monthly basis...................................................................$750,000
0321-1520
For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court
or a justice of a department of the trial court of the commonwealth on behalf
of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $500,000 of the sum
appropriated in this item may be expended for services rendered before fiscal
year 2006....................................$7,460,513
0321-1600
For the Massachusetts Legal Assistance Corporation to
provide legal representation for indigent or otherwise disadvantaged residents
of the commonwealth; provided, that notwithstanding section 9 of chapter 221A
of the General Laws, $1,204,604 shall be expended for the disability benefits
project, $544,286 shall be expended for the Medicare Advocacy Project, and
$2,490,993 shall be expended for the Battered Women's Legal Assistance Project;
provided further, that the corporation shall submit a report to the house and
senate committees on ways and means not later than January 30, 2006 that shall
include, but not be limited to the following: (a) the number of persons whom the programs funded by
the corporation assisted in the prior fiscal year; (b) any proposed expansion
of legal services delineated by type of service, target population, and cost;
and (c) the total number of indigent or otherwise disadvantaged residents of
the commonwealth who received services of the corporation, by type of case and
geographic location; and provided further, that the corporation may contract
with any organization for the purpose of providing the representation...........................$8,564,142
0321-2000
For the operation of the mental health legal advisors
committee and for certain programs for the indigent mentally ill, as provided
in section 34E of chapter 221 of the General Laws.....................................................$585,905
0321-2100
For the Massachusetts correctional legal services
committee.......................................................$750,000
0321-2205
For the expenses of the social law library located in
Suffolk county.............................................$1,829,671
Appeals Court.
0322-0100
For the appeals court, including the salaries,
traveling allowances and expenses of the chief justice, recall judges and the
associate justices......................................$9,433,517
Trial Court.
0330-0101
For the salaries of the justices of the superior court
department of the trial court; provided, that the chief justice for
administration and management shall provide written notification to the house
and senate committees on ways and means of any transfers of funds from this
item to any other item of appropriation within 30 days of such transfer.............$9,271,389
0330-0102
For the salaries of the justices of the district court
department of the trial court...........................$18,509,673
0330-0103
For the salaries of the justices of the probate and
family court department of the trial court..........$5,778,489
0330-0104
For the salaries of the justices of the land court
department of the trial court................................$684,005
0330-0105
For the salaries of the justices of the Boston
municipal court.......................................................$3,049,701
0330-0106
For the salaries of the justices of the housing court
department of the trial court...........................$1,132,492
0330-0107
For the salaries of the justices of the juvenile court
department of the trial court...........................$4,629,031
0330-0300
For the central administration of the trial court,
including costs associated with trial court non-employee services, trial court
dental and vision health plan agreement, jury expenses, trial court law
libraries, statewide telecommunications, private and municipal court rental and
leases, operation of courthouse facilities, witness fees, printing expenses, equipment
maintenance and repairs, court interpreter program, and insurance and
chargeback costs; provided, that funds may be expended for the judicial
training institute; provided further, that the chief justice for administration
and management shall expend funds for the purposes of acquiring, through a
lease agreement, suitable space in the
town of Belchertown for the district court of eastern Hampshire by June 15,
2006; provided further, that funds from this item or any other item shall not
be expended for the cost associated with the district court of eastern
Hampshire, unless said division is located in the town of Belchertown as of
said date; provide further, notwithstanding any general or special law to the
contrary, all criminal and civil business within the eastern Hampshire district
court jurisdiction shall be conducted in the town of Belchertown as of said
date; provided further, that said chief justice shall submit a report to the
house and senate committees on ways and means not later than September 17, 2005
detailing the status of said lease agreement; provided further, that 50 per
cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure
15(d) and 30(c)(8) shall be paid from this item; provided further, that
notwithstanding section 9A of
chapter 30, or any general or
special law to the contrary, the rights afforded to a veteran, pursuant to said
section 9A of said chapter 30, shall also be afforded to any veteran, as so
defined, who holds a trial court office or position in the service of the
commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed
term or an office or position under section 7 of chapter 30,
and who (1) has held the office or position for not less than 1 year and (2)
has 30 years of total creditable service to the commonwealth, as defined in
chapter 32; provided further, that
not less than $100,000 shall be expended for the implementation of a changing
lives through literature program; provided further, that not less than $100,000
shall be expended from this item for a contract with Massachusetts General
Hospital for a research program on abused children; provided further, that the
chief justice for administration and management of the trial court shall make a
report to the general court relative to the annual cost of maintaining the
court system's electronic equipment and systems and identify means to reduce
the costs; provided further, that the report shall include, but not be limited
to the following: an analysis of
current equipment maintenance service contracts, a review of alternative
equipment maintenance programs which, if implemented, would result in cost
savings, better management of the equipment repair process, and enhanced
equipment protection; provided further that in preparing the report the chief
justice for administration and management may utilize the services of
appropriate third parties knowledgeable in equipment service contracts;
provided further, that the chief justice for administration and management
shall file the report with the house and senate committees on ways and means on
or before October 1, 2005; provided further, that the trial court shall submit
a report to the victim and witness assistance board detailing the amount of assessments
imposed within each court by a justice or clerk-magistrate during the previous
calendar year pursuant to section 8
of chapter 258B of the General
Laws; provided further, that the report shall include, but not be limited to,
the number of cases in which the assessment was reduced or waived by a judge or
clerk-magistrate within the courts; provided further, that the report shall be
submitted to the victim and witness assistance board on or before January 14,
2006; and provided further, that not less than $9,522,318 shall be expended for the rental of county
court facilities, in accordance with section 4 of chapter 29A
of the General Laws; and provided further, that all county facilities shall be
reimbursed at 100 per cent from this item in fiscal year 2006......................................$114,794,156
0330-0317
For the operation and expenses of the Massachusetts
sentencing commission, pursuant to chapter 211E of the General Laws.........................$232,756
0330-0410
For alternative dispute resolution services for the
trial court; provided, that the services shall be made available to the extent
possible in connection with child care, protection and custody proceedings in
juvenile and probate courts; provided further, that not less than $25,863 shall
be expended for the Housing Services and Mediation Program operated by the
Berkshire County Regional Housing Authority in Pittsfield; provided further, that
not less than $29,558 shall be expended for Berkshire Mediation Services Inc.;
provided further that not less than $44,337 shall be expended for North Central
Court Services, Inc.; provided further, that not less than $40,000 shall be
expended for the North Shore Community Mediation Program in Salem; provided
further, that not less than $48,032 shall be expended for Metropolitan
Mediation Services; provided further, that not less than $62,811 shall be
expended for Mediation Works, Inc; provided further, that not less than $50,000
shall be expended for Quabbin Mediation in Athol; provided further, that not
less than $50,000 shall be expended for the Mediation and Training
Collaborative of Franklin County in Greenfield; provided further, that not less
than $50,000 shall be expended for Framingham Court Mediation Services;
provided further, that not less than $50,000 shall be expended for the Cape Cod
Dispute Resolution Center; provided further, that not less than $50,000 shall
be expended for the Community Dispute Settlement Center, Inc., of Cambridge;
provided further, that not less than $50,000 shall be expended for the Greater
Brockton Center for Dispute Resolution; provided further, that not less than
$48,031 shall be expended for the Somerville Mediation Program; provided
further, that not less than $48,032 shall be expended for the Middlesex
Multi-door Court House Program; and provided further, that not less than
$30,000 shall be expended for the Martha's Vineyard Mediation Program; and
provided further, that not less than $42,737 shall be expended for Dispute
Resolution Services, Inc. in the city of
Springfield; and provided further, that not less than $50,000 shall be expended
for Community Mediation of Worcester...................$842,737
0330-0441
For permanency mediation services in the probate and
juvenile courts......................................$476,598
0330-3200
For the court security program, including personnel
and expenses; provided, that the chief justice for administration and
management shall submit a report to the house and senate committees on ways and
means not later than January 31, 2006, detailing the number of court officers
and security personnel located in each trial court of the commonwealth.................$54,610,296
0330-3333
The chief justice for administration and management
may expend an amount not to exceed $17,000,000 from fees charged and collected
pursuant to section 3 of chapter 90C, chapter 185,
section 22 of chapter 218 and sections 2, 4A, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that the chief
justice shall only expend or allocate funds from this item to the 7 departments
of the trial court for the operation of the departments; provided further, that
any expenditures or allocations shall be made in accordance with schedules
submitted to the house and senate committees on ways and means 30 days before
the expenditures or allocations are made; provided further, that the only
revenue available for expenditure in this item for fiscal year 2006 shall be
revenue collected from the fees in excess of the amount collected and deposited
into the General Fund in fiscal year 2003 from the fees; provided further, that
no allocation shall occur until the schedules have been approved by the
committees; provided further, that the fees shall continue to be transmitted to
the treasurer for deposit into the General Fund before the expenditure
authorized by this item; and provided further, that notwithstanding any general
or special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of revenues and related expenditures, the
chief justice may incur expenses and the comptroller shall certify for payments
amounts not to exceed the lower of one half of this authorization or the most
recent revenue estimate therefor as reported in the state accounting system.....................................................$17,000,000
0330-3334
The chief justice for administration and management
may expend an amount not to exceed $20,000,000 from fees charged and collected
pursuant to section 87A of chapter 276 of the General Laws; provided, that the chief
justice shall expend or allocate funds from this item only to the district
court and Boston Municipal Court departments of the trial court for the
operation of those departments; provided further, that any expenditures or
allocations shall be made in accordance with schedules submitted to the house
and senate committees on ways and means 30 days before the expenditures or
allocations are made; provided however, that the chief justice shall allocate
or expend the funds authorized in this item in a manner that accounts for the
individual district court's compliance with section 13 of chapter 300 of the acts of 2002; and provided further, that the fees shall
continue to be transmitted to the treasurer for deposit into the General Fund
before the expenditure authorized by this item................................$20,000,000
Superior Court Department.
0331-0100
For the administrative office of the superior court
department...................................$6,248,393
0331-0300
For medical malpractice tribunals established in
accordance with the provisions of section 60B of chapter 231 of the
General Laws.....................$59,323
0331-2100
For the Barnstable superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.....................................$716,338
0331-2200
For the Berkshire superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.............................................$201,536
0331-2300
For the Bristol superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.....................................$858,760
0331-2400
For the Dukes superior court; provided, that the clerk
of the court shall have responsibility for the internal administration of his
office, including personnel, staff services and record keeping......................................$160,515
0331-2500
For the Essex superior court; provided, that the clerk
of the court shall have responsibility for the internal administration of his
office, including personnel, staff services and record keeping........................................$1,447,990
0331-2600
For the Franklin superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping..................................$299,747
0331-2700
For the Hampden superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.......................................$1,288,286
0331-2800
For the Hampshire superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping..........................................$310,264
0331-2900
For the Middlesex superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping......................................$3,232,440
0331-3000
For the Nantucket superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping........................................$135,265
0331-3100
For the Norfolk superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.............................................$1,186,622
0331-3200
For the Plymouth superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.......................................$1,087,829
0331-3300
For the Suffolk superior civil court; provided, that
the clerk of the court shall have responsibility for the internal
administration of his office, including personnel, staff services and record
keeping.....................................$2,974,243
0331-3400
For the Suffolk superior criminal court; provided,
that the clerk of the court shall have responsibility for the internal
administration of his office, including personnel, staff services and record
keeping........................$1,940,875
0331-3404
For an education and community outreach pilot program
to be administered in the Suffolk superior criminal court......................$178,902
0331-3500
For the Worcester superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.............................................$1,070,743
District Court Department.
0332-0100
For the administrative office of the district court
department, including a civil conciliation program.............$858,068
0332-1100
For the first district court of Barnstable..................................$536,692
0332-1200
For the second district court of Barnstable at Orleans.............................................$385,694
0332-1203
For the third district court of Barnstable at Falmouth..............................................$385,344
0332-1300
For the district court of northern Berkshire at Adams,
North Adams and Williamstown...............$272,317
0332-1400
For the district court of central Berkshire at
Pittsfield.....................................................$419,655
0332-1500
For the district court of southern Berkshire at Great
Barrington and Lee.................................$232,106
0332-1600
For the first district court of Bristol at Taunton...........................................................................$706,373
0332-1700
For the second district court of Bristol at Fall River.............................................................$876,214
0332-1800
For the third district court of Bristol at New Bedford..........................................$946,315
0332-1900
For the fourth district court of Bristol at Attleboro...................................................$583,774
0332-2000
For the district court of Edgartown..................................................$169,016
0332-2100
For the first district court of Essex at Salem..........................................................$698,915
0332-2300
For the third district court of Essex at Ipswich....................................................$197,955
0332-2400
For the central district court of northern Essex at
Haverhill......................................................$594,818
0332-2500
For the district court of eastern Essex at Gloucester......................................................$298,508
0332-2600
For the district court of Lawrence...............................................$1,095,147
0332-2700
For the district court of southern Essex at Lynn......................................$806,500
0332-2800
For the district court of Newburyport.............................................$491,593
0332-2900
For the district court of Peabody..........................................$502,084
0332-3000
For the district court of Greenfield...................................................$341,966
0332-3100
For the district court of Orange....................................................$281,048
0332-3200
For the district court of Chicopee........................................................$418,616
0332-3300
For the district court of Holyoke..........................................................$438,297
0332-3400
For the district court of eastern Hampden at Palmer.......................................$301,552
0332-3500
For the district court of Springfield......................................................$1,706,366
0332-3600
For the district court of western Hampden at Westfield...........................................$287,861
0332-3700
For the district court of Hampshire at Northampton......................................$619,005
0332-3800
For the district court of eastern Hampshire at
Belchertown................................$165,631
0332-3900
For the district court of Lowell....................................................$1,205,584
0332-4000
For the district court of Somerville...............................................$1,129,155
0332-4100
For the district court of Newton...............................................$366,447
0332-4200
For the district court of Marlborough...........................................$296,888
0332-4300
For the district court of Natick..............................................$418,616
0332-4400
For the first district court of eastern Middlesex at
Malden..............................$574,505
0332-4500
For the second district court of eastern Middlesex at
Waltham..............................$487,954
0332-4600
For the third district court of eastern Middlesex at
Cambridge........................................$1,223,279
0332-4700
For the fourth district court of eastern Middlesex at
Woburn.................................$675,132
0332-4800
For the first district court of northern Middlesex at
Ayer...........................................$368,553
0332-4900
For the first district court of southern Middlesex at
Framingham...................................$774,063
0332-5000
For the district court of central Middlesex at Concord................................................$389,025
0332-5100
For the district court of Nantucket....................................................................$120,335
0332-5200
For the district court of northern Norfolk at Dedham................................................$554,723
0332-5300
For the district court of East Norfolk at Quincy.......................................................$1,565,700
0332-5400
For the district court of western Norfolk at Wrentham..........................................$466,815
0332-5500
For the district court of southern Norfolk at
Stoughton...........................................$604,626
0332-5600
For the municipal court of Brookline........................................................................$345,274
0332-5700
For the district court of Brockton..................................................................$1,113,956
0332-5800
For the second district court of Plymouth at Hingham.........................................$636,849
0332-5900
For the third district court of Plymouth at Plymouth..............................................$790,980
0332-6000
For the fourth district court of Plymouth at Wareham...........................................$666,744
0332-6300
For the district court of Chelsea; provided, that notwithstanding
the provisions of any general or special law to the contrary, said district
court shall be the permanent location for the northern trial session to handle
six person jury cases; provided further, that all personnel within said
district court whose duties relate to said northern trial session shall report
to the clerk magistrate of said district court; and provided further, that the
clerk magistrate shall utilize whatever space within the facility-at-large he
deems necessary to comply with S.J.C. Rule 3:12, Canon 3(A)6.............................$804,083
0332-6900
For the central district court of Worcester.........................................................................$1,534,374
0332-7000
For the district court of Fitchburg...................................................$502,366
0332-7100
For the district court of Leominster................................................$395,211
0332-7200
For the district court of Winchendon................................................$137,821
0332-7300
For the first district court of northern Worcester at
Gardner.............................................$351,555
0332-7400
For the first district court of eastern Worcester at
Westborough...............................$399,279
0332-7500
For the second district court of eastern Worcester at
Clinton..........................................$275,209
0332-7600
For the district court of southern Worcester at Dudley..........................................$475,146
0332-7700
For the second district court of southern Worcester at
Uxbridge.....................................$316,362
0332-7800
For the third district court of southern Worcester at
Milford..........................................$302,513
0332-7900
For the district court of western Worcester at East
Brookfield.........................................$316,156
Probate and Family Court Department.
0333-0002
For the administrative office of the probate and
family court department; provided, that the case manager shall meet monthly
with the department of social services and shall report quarterly to the house
and senate committees on ways and means on the backlog of cases in the probate
court and the parties' progress made in such backlog each month........................$1,307,828
0333-0100
For the Barnstable probate court ..............................................................................$981,581
0333-0150
For the operation of a child and parents program in
the Barnstable probate court.....................$79,495
0333-0200
For the Berkshire probate court........................................................$515,505
0333-0300
For the Bristol probate court.......................................................$1,619,752
0333-0400
For the Dukes probate court.............................................................$122,327
0333-0500
For the Essex probate court ............................................................$1,305,319
0333-0600
For the Franklin probate court.....................................................$519,668
0333-0700
For the Hampden probate court...........................................$2,061,173
0333-0711
For the operation of the Berkshire, Franklin, Hampden
and Hampshire family court clinic to be administratively located in the city of
Springfield and to serve the Berkshire, Franklin, Hampden and Hampshire
divisions of the probate court...................$39,748
0333-0800
For the Hampshire probate court.................................................$645,228
0333-0900
For the Middlesex probate court...........................................$3,377,715
0333-0911
For the Middlesex probate court family services clinic..................................$193,762
0333-1000
For the Nantucket probate court.......................................................$175,577
0333-1100
For the Norfolk probate court..............................................$1,515,401
0333-1111
For the Norfolk probate court family services clinic.....................................$139,772
0333-1200
For the Plymouth probate court...........................................................$1,359,173
0333-1300
For the Suffolk probate court...................................................$2,240,115
0333-1313
For the Suffolk probate community access program of
community outreach and education; provided, that said program shall be targeted
at low income persons who experience educational and language barriers to court
access; and provided further, that said program shall be administered by the
register of probate of Suffolk county.................$191,719
0333-1400
For the Worcester probate court........................................................$1,682,350
0333-1411
For the Worcester probate court family services clinic...................................$169,362
Land Court Department.
0334-0001
For the operation of the land court........................................................$2,386,331
Boston Municipal Court Department.
0335-0001
For the central division of the Boston municipal court
department including the administrative costs of said court department ...........................$3,185,464
0335-0100
For the Brighton division of the Boston municipal
court department........................................$326,154
0335-0200
For the Charlestown division of the Boston municipal
court department..............................$232,655
0335-0300
For the Dorchester division of the Boston municipal
court department...............................$1,149,514
0335-0400
For the East Boston division of the Boston municipal
court department..............................$582,745
0335-0500
For the Roxbury division of the Boston municipal court
department....................................$1,116,770
0335-0600
For the South Boston division of the Boston municipal
court department...............................$407,439
0335-0700
For the West Roxbury division of the Boston municipal
court department............................$733,061
Housing Court Department.
0336-0002
For the administrative office of the housing court
department....................................$103,132
0336-0100
For the Boston housing court.....................................................................$932,876
0336-0200
For the western division of the housing court.......................................................$691,755
0336-0300
For the Worcester county housing court..................................................$694,614
0336-0400
For the southeastern division of the housing court.......................................$1,214,514
0336-0500
For the northeastern division of the housing court...........................................$650,698
Juvenile Court Department.
0337-0002
For the administrative office of the juvenile court
department....................................$895,237
0337-0100
For the Suffolk county juvenile courts...............................................$1,250,224
0337-0200
For the Bristol juvenile court..............................................................$1,248,840
0337-0300
For the Hampden county juvenile courts; provided that
$145,841 shall be expended for the CASA program in Springfield Juvenile Courts...............................$1,297,623
0337-0400
For the Worcester county juvenile courts; provided
further, that $72,920 shall be expended for the CASA program in the Worcester
Juvenile Court...................................................$1,083,597
0337-0500
For the Barnstable county juvenile court, including
the Barnstable county juvenile court located in the town of Plymouth..............$737,608
0337-0600
For the Essex county juvenile courts; provided
further, that $100,000 shall be expended for the CASA program in the Lawrence
Juvenile Court..............................................$1,055,220
0337-0700
For the Hampshire and Franklin counties juvenile
courts; provided further, that $77,478 shall be expended for the
Franklin/Hampshire CASA Program, including Northampton, Greenfield, Orange and
Ware District Courts........................$686,132
0337-0800
For the Plymouth county juvenile courts; provided
further, that $72,920 shall be expended for the CASA program in the Plymouth
County Juvenile Court..................................................$790,686
0337-0900
For the Berkshire county juvenile courts; provided
further, that $54,690 shall be expended for a Berkshire CASA program in the
Berkshire County Juvenile Court..........................................................$499,471
0337-1000
For the Middlesex county juvenile courts...........................................................$1,104,188
0337-1100
For the Norfolk county juvenile courts...........................................................$916,996
Office of the Commissioner of Probation.
0339-1001
For the office of the commissioner of probation;
provided, that notwithstanding the any general or special law, rule or
regulation to the contrary, the commissioner, subject to appropriation, shall
have exclusive authority to appoint, dismiss, assign and discipline probation
officers, associate probation officers, probation officers-in-charge, assistant
chief probation officers and chief probation officers; provided further, that
the associate probation officers shall only perform in-court functions and shall
assume the in-court duties of the currently employed probation officers who
shall be reassigned within the probation service subject to collective
bargaining agreements to perform intensive, community-based supervision of
probationers, including the provisions of intensive supervision and community
restraint services as described in item 0339-1004; provided further, that
notwithstanding any general or special law, rule or regulation to the contrary,
probation officer personnel and probation clerical support staff assigned to
the courts shall be provided with suitable office space in their current
location in and around the various divisions and departments of the trial
court, as the case may be, or in suitable office space as appropriate, with the
advice and consent of the commissioner; provided further, that the office shall
enter into an interagency service agreement with the department of revenue to
verify income data and to utilize the departments wage reporting and bank match
system for the purpose of weekly tape-matching, so-called, for the purposes of
determining an individual's eligibility for appointment of indigent counsel, as
defined in chapter 211D of the
General Laws; provided further, that the office shall submit quarterly reports
to the house and senate committees on ways and means detailing the progress of
eligibility verification with the department; and provided further, that the
report shall include, but not be limited to, the number of individuals to be
found misrepresenting assets, revenue generated through collection of indigent
client fees, the average indigent client fee that each court division collects
per case since the effective date of this act, recommendations on improvements
in verifying eligibility for counsel and other pertinent information to
ascertain the effectiveness of verification; and provided further, that not
less than $2,000,000 shall be expended for the commissioner of probation to
implement a global positioning system in collaboration with the Massachusetts
parole board utilizing ankle bracelets to track level 3 sex offenders actively
on parole and sex offenders currently being supervised by the office of the commissioner
of probation and considered appropriate for tracking by the commissioner..................................................$117,890,795
0339-1003
For the operation of the trial court office of
community corrections, including the costs of personnel..................$5,100,000
0339-1004
For the cost of intensive supervision and community
corrections programs; provided, that the programs shall include, but not be
limited to, tracking, community service, educational assistance, drug and
alcohol testing and treatment, curfew enforcement, home confinement, day reporting,
means-tested fines, restitution, and community incapacitation or restraint;
provided further, that the number of placements in the programs shall not
exceed a daily average goal of 5,000 intensively-supervised probationers;
provided further, that funds from this item shall be expended to cover the
costs of the programs that are undertaken and administered by court probation
offices and county sheriffs' offices; provided further, that said funds shall
be expended for the purpose of providing said programs in Barnstable,
Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex,
Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year
2006; provided further, that the executive director of the office of community
corrections of the trial court shall enter into interagency service agreements
and memoranda of understanding with the probation offices and sheriffs' offices
for the provision of said programs, including the contracting for detention
space for probationers arrested for violating probation and awaiting court
action and detention space for probationers who have been ordered by the trial
court to be supervised at a higher level of restraint; provided further, that
said agreements and memoranda shall be entered into at the direction of the
executive director; provided further, that the executive director shall submit
a spending and management plan for the programs to the house and senate
committees on ways and means not later than January 30, 2006; and provided further,
that the plan shall include the projected number of probationers to be served
by each program and include a description of the oversight and services
provided to the probationers..........................................$12,564,824
Office of the Jury Commissioner.
0339-2100
For the office of the jury commissioner in accordance
with chapter 234A of the General
Laws...................$1,990,901
Suffolk District Attorney.
0340-0100
For the Suffolk district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, the domestic violence unit and the children's advocacy
center; provided, that the office shall submit a report to the house and senate
committees on ways and means not later than February 1, 2006 summarizing the
number and types of criminal cases managed or prosecuted by the office in
calendar year 2005 and the disposition or status thereof which shall be
delineated by each jurisdiction of the district, juvenile, probate or superior
court in which the cases were managed or prosecuted; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 detailing the total number and use of
private attorneys participating in any volunteer prosecutor program, so-called;
provided further, that the report shall include, but not be limited to, the
following: 1) total number of
personnel from private law firms participating in the program; 2) name and
address of the law firms; 3) duties performed by the personnel; and 4) benefits
and cost savings associated with the program; provided further, that not more
than $125,000 shall be expended for a North Dorchester safe neighborhood
initiative, in Suffolk county; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that not more than $125,000 shall be expended for a safe neighborhood
initiative, in Suffolk county; provided
further, that not less than $150,000 shall be expended for the purpose of a
targeted controlled substance interdiction pilot program to be administered
jointly by the district attorney for Suffolk county and the chiefs of police
for the city of Revere and the town of Winthrop; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than June 1, 2006 which shall include, but not be limited to, the quantity and
nature of drug seizures resulting from the implementation of the pilot program;
provided further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys................................$14,312,233
0340-0101
For the overtime costs of state police officers
assigned to the Suffolk district attorney's office.................$345,683
General Fund...........................................................................................................11.80%
Highway Fund.........................................................................................................88.20%
Middlesex District Attorney.
0340-0200
For the Middlesex district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided, that the office shall submit a
report to the house and senate committees on ways and means not later than
February 1, 2006 summarizing the number and types of criminal cases managed or
prosecuted by said office in calendar year
2005 and the disposition or status thereof which shall be delineated by
each jurisdiction of the district, juvenile, probate or superior court in which
the cases were managed or prosecuted; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in said program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys.........................$11,189,824
0340-0201
For the overtime costs of state police officers assigned
to the Middlesex district attorney's office.........................$478,682
General Fund...........................................................................................................11.80%
Highway Fund.........................................................................................................88.20%
Eastern District Attorney.
0340-0300
For the Eastern district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no assistant district
attorney shall be paid an annual salary of less than $35,000; provided further,
that funds may be expended for increases in salaries for assistant district
attorneys; and provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 1, 2006
detailing the total number and use of private attorneys participating in any
volunteer prosecutor program, so-called; provided further, that the report
shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program..........................................................$6,781,556
0340-0301
For the overtime costs of state police officers assigned to
the Eastern district attorney's office...............$447,132
General Fund.........................................................................................................11.80%
Highway Fund.........................................................................................................88.20%
Worcester District Attorney.
0340-0400
For the Worcester district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program and the domestic violence unit; provided, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that $75,000 may be
expended for financial criminal investigations; provided further, that 50 per
cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15
(d) and 30 (c)(8) for appeals taken by the office shall be paid from this item;
provided further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys.....................................................$7,220,929
0340-0401
For the overtime costs of state police officers assigned
to the Worcester district attorney's office...................$393,480
General Fund...........................................................................................................11.80%
Highway Fund..........................................................................................................88.20%
0340-0410
For the analyses of narcotic drug synthetic
substitutes, poisons, drugs, medicines and chemicals at the University of
Massachusetts medical school in order to support the law enforcement efforts of
the district attorneys, the state police and municipal police departments..............................$450,000
Hampden District Attorney.
0340-0500
For the Hampden district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys.................................$6,672,786
0340-0501
For the overtime costs of state police officers assigned
to the Hampden district attorney's office.........................$322,619
General Fund................................................................................................11.80%
Highway Fund................................................................................................88.20%
Hampshire/Franklin District Attorney.
0340-0600
For the Hampshire/Franklin district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program, and the domestic violence unit; provided, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in said fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 detailing the total number and use of
private attorneys participating in any volunteer prosecutor program, so-called;
provided further, that the report shall include, but not be limited to, the
following: 1) total number of
personnel from private law firms participating in the program; 2) name and
address of the law firms; 3) duties performed by the personnel; and 4) benefits
and cost savings associated with the program; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; provided further, that not less than $150,000 shall be expended for
the salaries and expenses of a children's advocacy project; and provided
further, that funds may be expended for increases in salaries for assistant
district attorneys....................$4,391,858
0340-0601
For the overtime costs of state police officers
assigned to the Hampshire/Franklin district attorney's office..........$226,191
General Fund........................................................................................11.80%
Highway Fund.......................................................................................88.20%
Norfolk District Attorney.
0340-0700
For the Norfolk district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys...................................................$7,312,181
0340-0701
For the overtime costs of state police officers assigned to
the Norfolk district attorney's office..............$416,910
General Fund...............................................................................................11.80%
Highway Fund................................................................................................88.20%
Plymouth District Attorney.
0340-0800
For the Plymouth district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys..............................................$6,034,575
0340-0801
For the overtime costs of state police officers assigned
to the Plymouth district attorney's office...............$340,554
General Fund...................................................................................................11.80%
Highway Fund..................................................................................................88.20%
Bristol District Attorney.
0340-0900
For the Bristol district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house
and senate committees on ways and means not later than February 1, 2006
detailing the total number and use of private attorneys participating in any
volunteer prosecutor program, so-called; provided further, that the report
shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office's use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the
General Laws; provided further, that the report shall include, but not be
limited to, the following: (a)
amount of the funds deposited into the office's special law enforcement trust
fund, so-called, in fiscal years 2003, 2004 and 2005; (b) how
the funds were used in those fiscal years; and (c) balance of the trust fund as
of January 1, 2006; provided further, that no assistant district attorney shall
be paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys...........$6,203,381
0340-0901
For the overtime costs of state police officers assigned to
the Bristol district attorney's office.............$318,380
General Fund................................................................................................11.80%
Highway Fund..................................................................................................88.20%
Cape and Islands District Attorney.
0340-1000
For the Cape and Islands district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program and the domestic violence unit; provided, that
$125,000 shall be expended to support the sex offender management unit;
provided further, that 2 prosecutors and administrative support shall be
provided to the Cape Cod offender management task force; provided further, that
the office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 1, 2006 detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program, so-called; provided further, that the report shall include,
but not be limited to, the following: 1)
total number of personnel from private law firms participating in the program;
2) name and address of the law firms; 3) duties performed by the personnel; and
4) benefits and cost savings associated with the program; provided further,
that not more than $20,000 be expended for Cape & Islands Child Advocacy
Center at Children's Cove in Hyannis; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 15, 2006 detailing the office's use of drug forfeiture funds,
so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,
so-called, in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys...........$3,200,380
0340-1001
For the overtime costs of state police officers
assigned to the Cape and Islands district attorney's office...............$271,954
General Fund....................................................................................................11.80%
Highway Fund..................................................................................................88.20%
Berkshire District Attorney.
0340-1100
For the Berkshire district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program, and the domestic violence unit; provided, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8)
for appeals taken by the office shall be paid from this item; provided further,
that the office shall submit a report to the house and senate committees on
ways and means not later than February 15, 2006 detailing the office's use of
drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys........................................$2,944,751
0340-1101
For the overtime costs of state police officers assigned
to the Berkshire district attorney's office...........$126,739
General Fund.................................................................................................11.80%
Highway Fund................................................................................................88.20%
District Attorneys' Association.
0340-2100
For the operation of the Massachusetts District
Attorneys' Association, including the implementation and related expenses of
the district attorneys' office automation and case management and tracking
system; provided, that expenses associated with the system may be charged
directly to this item; provided further, that the 11 district attorneys of the
commonwealth may contribute a portion of their fiscal year 2006 appropriation
to the Massachusetts District Attorneys' Association in order to alleviate the
cost of the case management and tracking system as well as the cost of data
lines associated with the district attorney's computer network; provided
further, that each district attorney shall submit a report to the Massachusetts
District Attorneys' Association and the house and senate committees on ways and
means delineating all funds expended for the purpose of implementing the case
management and tracking system not later than January 30, 2006; provided
further, that the report shall include, but not be limited to, an analysis of
the total cost of the district attorneys' computer network, the total cost
incurred by each district attorney's office, a detailed list of all hardware
and software leased, owned or operated by each district attorney, a plan for
any purchases to be made in the remainder of fiscal year 2006 and a detailed
summary of any policies implemented to contain the costs of the network by
either the Massachusetts District Attorneys' Association or the individual
district attorneys' offices; provided further, that no expenditures shall be
made, on or after the effective date of this act, which would cause the
commonwealth's obligation for the purpose of this item to exceed the amount
appropriated in this item; and provided further, that the association shall
submit a report to the house and senate committees on ways and means not later
than January 31, 2006 detailing, by district attorney office, all sources of
revenue, including, but not limited to, federal and state grants that were
received in fiscal year 2005, and the amount of each source of revenue.............................$1,750,056
0340-8908
For the costs associated with maintaining the
association's wide area network........................$1,344,453
EXECUTIVE.
0411-1000
For the offices of the governor, the lieutenant
governor and the governor's council; provided, that the amount appropriated in
this item may be used at the discretion of the governor for the payment of
extraordinary expenses not otherwise provided for and for transfer to
appropriation accounts where the amounts otherwise available may be
insufficient; provided further, that not more than $205,161 shall be spent on
the governor's commission on mental retardation; and provided further, that the
advisory council on Alzheimer's disease and related disorders, as established
in the office of the governor by section 379 of chapter 194 of the
acts of 1998, and section 80 of
chapter 236 of the acts of 2000,
shall continue during fiscal year 2006.......................................$5,135,418
SECRETARY OF THE COMMONWEALTH.
Office of the Secretary of the Commonwealth.
0511-0000
For the operation of the office of the secretary;
provided, that the office shall submit a report detailing staffing patterns for
each program operated by the office; provided further, that the report shall
include, but not be limited to, actual and functional job titles by program,
compensation rates and lengths of service for each employee; provided further,
that the office shall submit the report not later than January 31, 2006 to the
house and senate committees on ways and means; and provided further, that the
secretary may transfer funds between items 0540-0900, 0540-1000, 0540-1100,
0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800,
0540-1900, 0540-2000, 0540-2100 pursuant to an allocation schedule filed with
the house and senate committees on ways and means not less than 30 days before
the transfer; provided further, that each register of deeds using electronic
record books shall ensure that all methods of electronically recording
instruments conform to any regulation or standard established by the state
secretary or the records conservation board, and those regulations shall be
promulgated no later than June 30, 2006............$6,767,487
0511-0001
The state secretary may expend revenues not to exceed
$30,000 from the sale of merchandise at the Massachusetts state house gift shop
for the purpose of replenishing and restocking gift shop inventory.......................$30,000
0511-0108
The state secretary acting on behalf of the
commonwealth may sell, transfer or license the Division of Corporations'
software and related documents pertaining to its web based searching and filing
applications, including uniform commercial code software, developed by the
department of the secretary and copyrighted by it to other states, multi-state
or regional associations or other sovereign governments on such terms or
conditions as in his sole discretion reasonably compensates the commonwealth
for its interests; provided, that the secretary may retain and expend revenues
collected from such sales, licensure or user agreements in an amount not to
exceed $75,000 for technical activities of the corporations division the remainder
to be deposited in the General Fund; provided further, that the secretary may
also provide web hosting, and on-going support and maintenance to other states,
provinces or territories of Canada relative to their UCC and corporate
applications; and provided further, that the department of the state secretary
may accept credit and debit cards from individuals and corporations filing
documents with the department...............................................$75,000
0511-0200
For the operation of the state archives division...............................................$539,562
0511-0230
For the operation of the records center.....................................................$156,185
0511-0250
For the operation of the archives facility........................................................$421,554
0511-0260
For the operation of the commonwealth museum....................................$192,990
0511-0420
For the operation of the address confidentiality
program.............................................$112,991
0517-0000
For the printing of public documents..........................................$900,222
0521-0000
For the operation of the elections division, including
preparation, printing and distribution of ballots and for other miscellaneous
expenses for primary and other elections; provided, that the secretary of state
may award grants for voter registration and education in the cities of Boston,
Springfield, Lawrence and Worcester; provided further, that the registration
and education activities may be conducted by community-based voter registration
and education organizations; and provided further, that the secretary shall
submit a report to the house and senate committees on ways and means not later
than January 31, 2006 detailing the amount appropriated for the purposes of
providing reimbursements for the costs of extended polling hours from this item
to each city or town...................................$3,676,775
0521-0001
For the operation of the central voter registration
computer system; provided, that an annual report detailing voter registration
activity shall be submitted to the house and senate committees on ways and
means on or before January 31, 2006...........................$4,496,243
0524-0000
For providing information to voters.....................................................$583,744
0526-0100
For the operation of the Massachusetts Historical
Commission..................................$974,614
0527-0100
For the operation of the ballot law commission........................................$12,380
0528-0100
For the operation of the records conservation board......................................$39,307
0540-0900
For the registry of deeds located in Lawrence in the
former county of Essex...................$817,144
0540-1000
For the registry of deeds located in Salem in the
former county of Essex.........................$2,634,369
0540-1100
For the registry of deeds in the former county of
Franklin............................................$564,763
0540-1200
For the registry of deeds in the former county of
Hampden..................................$2,115,679
0540-1300
For the registry of deeds in the former county of
Hampshire.................................$590,621
0540-1400
For the registry of deeds located in Lowell in the
former county of Middlesex.......................$1,347,127
0540-1500
For the registry of deeds located in Cambridge in the
former county of Middlesex.................$3,453,964
0540-1600
For the registry of deeds located in Adams in the
former county of Berkshire......................$306,631
0540-1700
For the registry of deeds located in Pittsfield in the
former county of Berkshire...........................$494,884
0540-1800
For the registry of deeds located in Great Barrington
in the former county of Berkshire...............$259,025
0540-1900
For the registry of deeds in the former county of
Suffolk................................................$2,220,555
0540-2000
For the registry of deeds located in Fitchburg in the
former county of Worcester.....................$764,143
0540-2100
For the registry of deeds located in the city of
Worcester in the former county of Worcester.......$2,049,918
TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver General.
0610-0000
For the office of the treasurer and receiver-general;
provided, that the treasurer shall provide computer services required by the
teachers' retirement board; provided further, that to the extent that bank fees
exceed the amount appropriated in item 0610-0100, the treasurer may, subject to
an allocation plan filed in advance with the house and senate committees on
ways and means, transfer from this item to said item 0610-0100, an amount
sufficient to ensure full payment of the bank fees; provided further, that not
less than $37,000 shall be granted to the elder advocacy organization known as
the Silver-Haired Legislature; provided further, that the treasurer's office
shall submit a report to the victim and witness assistance board which details
the amount of assessments transmitted to the treasurer during the previous
calendar year on a monthly basis from the courts, the registrar of motor
vehicles and the sheriff or superintendent of any correctional facility
pursuant to section 8 of chapter 258B; provided further, that the report shall be
submitted to the board on or before January 31, 2006; and provided further,
that the treasurer's office shall pay half of the administrative costs of the
municipal finance oversight board from this item....................$7,240,296
General Fund......................................................................90.0%
Highway Fund.....................................................................10.0%
0610-0050
For the administration of the alcoholic beverages
control commission in its efforts to regulate and control the conduct and
condition of traffic in alcoholic beverages; provided, that said commission
shall maintain at least one chief investigator and other investigators for the
purpose of regulating and controlling the traffic of alcoholic beverages;
provided further, that said commission is authorized and directed to work and
cooperate with the Alcohol, Tobacco, and Firearms division of the United States
Department of Justice and other relevant federal agencies to assist in its
efforts to regulate and control the traffic of alcoholic beverages; and
provided further, that said commission is directed to seek out matching federal
dollars and to apply for federal grants that may be available to assist in the
enforcement of laws pertaining to the traffic of alcoholic beverages...........................................$1,868,212
0610-0100
For the payment of bank fees; provided, that the
treasurer may transfer funds from this item to item 0610-0000 for one-time,
non-recurring expenditures upon certification to the secretary of
administration and finance that the remaining balance in this account will be
sufficient to make all necessary expenditures...........................................$3,600,000
General Fund................................................................................90.0%
Highway Fund...............................................................................10.0%
0610-0140
For the purpose of funding administrative,
transactional and research expenses associated with maintaining and increasing
the interest earnings on the Commonwealth's General and Stabilization Fund
investments..................$75,000
0610-1500
For tuition payments as required by section 12B of chapter 76 of the General Laws,
notwithstanding chapter 29 of the General Laws to the contrary; provided, that the state
treasurer may expend in anticipation of revenue amounts necessary to meet
payments; and provided further, that the state treasurer shall deduct the
amount expended from this account from items 7061-0008 and 0611-5500 and from
the amounts specified in section 3, in accordance with said section 12B of said chapter 76.
0611-1000
For bonus payments to war veterans................................................$50,000
0611-5500
For additional assistance to cities and towns to be
distributed according to section 3
and for assistance to certain public entities of the commonwealth which have
constructed water pollution abatement facilities; provided, that the
distribution to the public entities shall equal $1,249,948; and provided
further, that if there is a conflict between the provisions of the distribution
set forth in section 3 and any
other provisions of this act, the distribution set forth in section 3 shall control...........................$379,767,936
0611-5510
For reimbursements to cities and towns in lieu of
taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws.......................................$16,100,000
0611-5800
For distribution to each city and town within which
racing meetings are conducted pursuant
to section 18D of chapter 58 of the General Laws........................................................$2,500,000
Pension Benefits.
0612-0105
For payment of the public safety employee killed in
the line of duty benefit authorized by section 100A of chapter 32 of the General Laws.........................................$500,000
Commission on Firefighters' Relief.
0620-0000
For financial assistance to injured firefighters.........................................$9,808
Lottery Commission.
0640-0000
For the operation of the state lottery commission and
arts lottery; provided, that no funds shall be expended from this item for any
costs associated with the promotion or advertising of lottery games; provided
further, that positions funded by this item shall not be subject to chapters 30
and 31 of the General Laws; and provided further, that 25 per cent of the amount
appropriated herein shall be transferred quarterly from the State Lottery Fund
to the General Fund.......................$68,690,397
0640-0001
For the operation of the state lottery commission;
provided, that the commission may seek revenue from corporate advertising for
non-lottery products on all lottery products; provided further, that payments
from corporate advertising shall be deposited into the General Fund; and
provided further, that expenditure in this item is limited to an amount not to
exceed revenues collected from corporate advertising payments or the amount
appropriated herein, whichever is less.......................$3,653,019
0640-0005
For the costs associated with the continued
implementation of the game of keno; provided, that any sums expended on
promotional activities shall be limited to point of sale promotions and agent
newsletters; and provided further, that 25 per cent of the amount appropriated
in this item shall be transferred quarterly from the State Lottery Fund to the
General Fund...........................................$1,233,347
0640-0010
For the promotional activities associated with the
state lottery program; provided, that 25 per cent of the amount appropriated in
this item shall be transferred quarterly from the State Lottery Fund to the
General Fund.......................$10,000,000
0640-0013
For the costs of the anti-litter program; provided,
that said lottery may continue to develop regional environmental awareness
events to limit the number of discarded instant tickets that become litter;
provided further, that 25 per cent of the amount appropriated in this item shall
be transferred quarterly from the State Lottery Fund to the General Fund........$100,000
0640-0096
For the purpose of the commonwealth's fiscal year 2006 contributions to the health and welfare
fund established pursuant to the collective-bargaining agreement between the
lottery commission and the service employees international union, Local 254,
AFL-CIO; provided, that the contributions shall be paid to the trust fund on
such basis as the collective bargaining agreement provides; and provided
further, that 25 per cent of the amount appropriated in this item shall be
transferred quarterly from the State Lottery Fund to the General Fund..............................$355,945
Massachusetts Cultural Council.
0640-0300
For the services and operations of the council,
including grants to or contracts with public and non-public entities; provided,
that notwithstanding any general or special law to the contrary, the council
may expend the amounts herein appropriated for the purposes of the council as
provided in sections 52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times as the
council may determine pursuant to section 54 of said chapter 10;
provided further, that 25 per cent of the amount appropriated herein shall be
transferred quarterly from the Arts Lottery Fund to the General Fund; provided
further, that any funds expended from this item for the benefit of
schoolchildren shall be expended for the benefit of all Massachusetts
schoolchildren and on the same terms and conditions; provided further, that the
council shall not expend funds from this item for any grant or contract
recipient that, in any program or activity for Massachusetts schoolchildren,
does not apply the same terms and conditions to all such schoolchildren;
provided further, that not more than $1,000,000 of the funds appropriated
herein shall be used to assist cultural organizations in augmenting or
initiating endowments to promote the financial stability of the organizations
and the assistance shall be in the form of challenge grants to the organizations;
provided further, that in order to receive a grant a cultural organization
shall raise an amount at least equal to the amount of the grant for the
organization's endowment; provided further, that funds provided by the grants
shall, in perpetuity, be used solely to provide free or reduced rate public
programs or services to citizens of the commonwealth; and provided further, that a grant made under
this program shall not exceed $100,000; and provided further, that a person
employed under this item shall be considered an employee within the meaning of
section 1 of chapter 150E of the General Laws and shall be placed in the
appropriate bargaining unit......................................$7,400,000
0640-0350
For the purposes of cultural resources pursuant to
section 36 of chapter 69 of the General Laws including grants to or
contracts with public and non-public entities; provided, that the council shall
not expend funds from this item for any recipient that, in any program or
activity for Massachusetts schoolchildren, does not apply the same terms and
conditions to all such schoolchildren; and provided further, that 25 per cent
of the amount appropriated herein shall be transferred quarterly from the Arts
Lottery Fund to the General Fund...................................................$743,520
0640-0351
For the John and Abigail Adams Arts Program, to
promote innovations in the arts and humanities within the commonwealth through
the disbursement of cultural economic development grants including grants for
cultural activities that have the capacity to revitalize communities, stimulate
income, create or enhance jobs, and attract tourism; provided, that the funds
shall be administered by the Massachusetts cultural council; provided further,
that the mission of grant applicants may include demonstrated scholarship or
creativity in, or distinguished service to, the arts and humanities; provided,
that grants may focus on seed funding for early stage planning or
implementation, creation of enduring partnerships among cultural and
non-cultural organizations, defined community needs or opportunities, and
creation of innovative and sustainable development models that can be
replicated throughout and beyond the commonwealth; provided further, that
eligible applicants shall include, but not be limited to, not-for-profit
organizations and public sector entities; provided further, that collaborating
partners may also include private, for-profit organizations, educational
institutions and state or federal agencies; provided further, that grants shall
not exceed $100,000 and shall be leveraged by not less than $1 for each $1
granted; provided further, that preference shall be given to an applicant with
multiple funding sources that can demonstrate project viability, community
support and potential for long-term sustainability; and provided further, that
25 per cent of the amount appropriated herein shall be transferred quarterly
from the State Lottery Fund to the General Fund.....................$1,500,000
Debt Service.
0699-0015
For the payment of interest, discount and principal on
certain bonded debt and the sale of bonds of the commonwealth, previously
charged to the Local Aid Fund, the State Recreation Areas Fund, the
Metropolitan Parks District Fund, the Metropolitan Water District Fund, the
Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway
Fund, and the Inter-City Bus Fund; provided, that payments of certain serial
bonds maturing previously charged to the Local Aid Fund, the State Recreation
Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage
District Fund, and the Highway Fund shall be paid from this item; provided
further, that notwithstanding any general or special law to the contrary, the
state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item and item 0699-9100; provided
further, that the payments shall pertain to the bonds, notes, or other
obligations authorized to be paid from each item; provided further, that
notwithstanding any general or special law to the contrary, the comptroller may
transfer the amounts that would otherwise be unexpended on June 30, 2006, from
item 0699-0015 to item 0699-9100 or from item 0699-9100 to item 0699-0015 which
would otherwise have insufficient amounts to meet debt service obligations for
the fiscal year ending June 30, 2006; provided further, that each amount
transferred shall be charged to the funds as specified in the item to which the
amount is transferred; provided further, that payments on bonds issued pursuant
to section 2O of chapter 29 of the General Laws shall be paid from this item
and shall be charged to the Infrastructure sub-fund of the Highway fund;
provided further, that payments of interest, discount and principal on certain
bonded debt of the commonwealth associated with the Watershed Management Fund
for the acquisition of development rights and other interests in land,
including fee simple acquisitions of watershed lands of the Quabbin and
Wachusett reservoirs and the Ware river watershed above the Ware river intake
pipe shall be paid from this item; provided further, that notwithstanding any
general or special law to the contrary or other provisions of this item, the
comptroller may charge the payments authorized herein to the appropriate budgetary
or other fund subject to a plan which the comptroller shall file 10 days in
advance with the house and senate committees on ways and means; and provided
further, that the comptroller shall transfer from this item to the government
land bank fund an amount equal to the amount by which debt service charged to
said fund exceeds revenue deposited to said fund.................................................$1,626,196,000
General Fund...........................................................................68.07%
Highway Fund..........................................................................31.93%
0699-2004
For the payment of interest, discount and principal on
certain indebtedness which may be incurred for financing the central
artery/third harbor tunnel funding shortfall ....................................................$65,330,000
Highway Fund ..........................................................................100.0%
0699-9100
For the payment of interest and issuance costs on
bonds and bond and revenue anticipation notes and other notes pursuant to
sections 47 and 49B of chapter 29
of the General Laws; provided, that the treasurer shall certify to the
comptroller a schedule of the distribution of costs among the various funds of
the commonwealth; provided further, that the comptroller shall charge costs to
the funds in accordance with the schedule; and provided further, that any
deficit in this item at the close of the fiscal year ending June 30, 2006 shall
be charged to the various funds or to the General Fund or highway fund debt
service reserves......................................................................$20,950,000
0699-9101
For the purpose of depositing with the trustee under
the trust agreement authorized in section 10B of chapter 11 of the
acts of 1997 an amount to be used to pay the interest due on notes of the
commonwealth issued pursuant to section 9 of said chapter 11 and
secured by the Federal Highway Grant Anticipation Note Trust Fund.................$67,408,000
0699-9200
For certain debt service contract assistance to the
Massachusetts Development Finance Agency in accordance with chapter 23G of the General Laws........................................$13,281,000
STATE AUDITOR.
Office of the State Auditor.
0710-0000
For the office of the state auditor, including the
review and monitoring of privatization contracts in accordance with sections 52
to 55, inclusive, of chapter 7 of
the General Laws and shared oversight of the central artery/third harbor tunnel
project; provided, that a report shall be submitted to the house and senate
committees on ways and means not later than December 1, 2004 delineating the
privatization contracts reviewed and monitored during fiscal year 2004;
provided further, that the report shall further detail the number of full-time
equivalent positions assigned by the office for the review of each of the
privatization contracts; provided further, that not less than $67,250 shall be
expended for the position of executive director of the central artery/third
harbor tunnel project oversight coordination commission, as established in
section 2B of chapter 205 of the acts of 1996, such that the position may
continue to provide administrative and investigative functions to the
commission in a manner that is consistent with said section 2B; provided further, that the auditor's office shall
pay half of the administrative costs of the municipal finance oversight board
from this item.............................$15,125,688
0710-0100
For the operation of the division of local mandates...........................................$585,103
0710-0200
For the operation of the bureau of special
investigations; provided, that the department shall file quarterly reports with
the house and senate committees on ways and means detailing the total amount of
fraudulently obtained benefits identified by the bureau of special
investigations of the office of the state auditor, the total value of
settlement restitution payments, actual monthly collections, and any
circumstances that produce shortfalls in collections.....................$1,600,000
ATTORNEY GENERAL.
Office of the Attorney General.
0810-0000
For the office of the attorney general, including the
administration of the local consumer aid fund, the operation of the anti-trust
division, all regional offices, a high-tech crime unit and the victim and
witness compensation program; provided, that the victim and witness
compensation program shall be administered in accordance with chapters 258B and
258C of the General Laws; provided further, that the attorney general shall
submit to the general court and the secretary for administration and finance a
report detailing the claims submitted to the state treasurer for payment under
item 0810-0004 indicating both the number and costs for each category of claim;
provided further, that not more than $250,000 shall be expended for a grants
program for the safe neighborhood initiative-jobs for youth program; provided
further, that not more than $250,000 shall be expended from the funds
appropriated in this item for a safe neighborhood initiative pilot program in
the Bowdoin/Geneva area of the Dorchester district of the city of Boston and in
the city of New Bedford; provided further, that the public proceedings unit
shall review the water rate increases; provided further, that not more than
$240,000 shall be expended for the operation of a child protection unit;
provided further, that funds may be expended for the commission on uniform
state laws; provided further, that $50,000 shall be expended for the Trauma
Intervention Program of Merrimack Valley; and provided further, that $260,000
shall be expended for the Ella J. Baker
House in the city of Boston for violence prevention programs for high-risk
youth..............$21,998,002
0810-0004
For compensation to victims of violent crimes;
provided, that notwithstanding the provisions of chapter 258C of the General Laws, if a claimant is 60 years of
age or older at the time of the crime and is not employed or receiving
unemployment compensation, such claimant shall be eligible for compensation in
accordance with said chapter 258C
even if the claimant has suffered no out-of-pocket loss; provided further, that
compensation to such claimant shall be limited to a maximum of $50; and
provided further, that notwithstanding the provisions of any general or special
law to the contrary, victims of the crime of rape shall be notified of all
available services designed to assist rape victims including, but not limited
to, the provisions outlined in section 5 of chapter 258B of the
General Laws........................................$2,156,000
0810-0006
For the rental costs and unavoidable space rental
lease obligations associated with certain divisions of the office of the
attorney general located in the Leverett Saltonstall building...................................$2,414,150
0810-0007
For the overtime costs of state police officers
assigned to the attorney general; provided, that costs associated with those
officers shall not be funded from item 8100-0007; and provided further, that
expenditures shall not be made on or after the effective date of this act which
would cause the commonwealth's obligation for the purpose of this item to
exceed the amount appropriated in this item...........................................$486,517
Highway Fund....................................................................................88.20%
General Fund......................................................................................11.80%
0810-0014
For the operation of the department of
telecommunications and energy proceedings unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or
special law to the contrary, the amount assessed to the unit shall be equal to
the amount expended from this item and provided further, that not less than
$200,000 shall be expended for the expenses of legal and technical personnel
and associated administrative and travel expenses relative to participation in
regulatory proceedings at the Federal Energy Regulatory Commission on behalf
of Massachusetts ratepayers............................$1,609,028
0810-0017
For the expenses related to judicial proceedings
relevant to the fuel charge pursuant to section 94G of chapter 164 of the General Laws and such other proceedings as may be reasonably
related to the section; provided, that the assessment levied for such expense
shall be credited to the General Fund...............................$73,500
0810-0021
For the operation of the Medicaid fraud control unit;
provided, that the federal reimbursement for any expenditure from this item
shall not be less than 75 per cent of the expenditure; provided further, that
not less than $225,000 shall continue to be used specifically for the investigation
and prosecution of abuse, neglect, mistreatment and misappropriation based on
referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide
training for all investigators of the department's division of health care
quality responsible for the investigations on a periodic basis pursuant to a
comprehensive training program to be developed by the division and the unit;
and provided further, that training shall include instruction on techniques for
improving the efficiency and quality of investigations of abuse, neglect,
mistreatment and misappropriation pursuant to said section 72H of said chapter 111...............................$2,687,349
0810-0045
For the labor law enforcement program pursuant to
subsection (b) of section 1 of chapter 23
of the General Laws; provided, that notwithstanding any general or special law
to the contrary, a non-management position funded by this item shall be
considered a job title in a collective bargaining unit as prescribed by the
labor relations commission and shall be subject to chapter 150E of the General Laws...................................$3,105,528
0810-0201
For the costs incurred in administrative or judicial
proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this
item may be used to supplement the automobile insurance fraud unit and the
workers' compensation fraud unit of the office of the attorney general; and
provided further, that notwithstanding any general or special law to the
contrary, the amount assessed for the costs shall be equal to the amount
expended from this item...........................................................$1,389,979
0810-0338
For the investigation and prosecution of automobile
insurance fraud; provided, that notwithstanding section 3 of chapter 399
of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164.......................$280,164
0810-0399
For the investigation and prosecution of workers'
compensation fraud; provided, that notwithstanding section 3 of chapter 399
of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164;
provided further, that the attorney general shall investigate and prosecute,
where appropriate, employers who fail to provide workers' compensation
insurance in accordance with the laws of the commonwealth; and provided
further, that the unit shall investigate and report on all companies not in
compliance with chapter 152 of the
General Laws..............$280,164
Victim and Witness Assistance Board
0840-0100
For the operation of the victim and witness assistance
board; provided, that the board shall submit a comprehensive report compiled
from the information required of and submitted to the office by the trial
court, the registry of motor vehicles and the state treasurer relative to the
collection of assessments for the previous calendar year under section 8 of chapter 258B
of the General Laws; and provided further, that the report shall be submitted
to the house and senate committees on ways and means on or before February 15,
2006................................................$398,845
0840-0101
For the safeplan advocacy program; provided, that the amount
allocated in this item shall be expended on the salaries and employee benefits
of safeplan advocates and regional coordinators, including the advocates in the
Hampshire probate and family court and the Northampton and Belchertown district
courts; provided further, that funds may be expended by the Massachusetts
office for victim assistance to administer the program; and provided further,
that said office shall submit to the house and senate committees on ways and
means not later than February 3, 2006 a report detailing the effectiveness of
contracting for said program including, but not limited to, the number and
types of incidents to which such advocates responded, the types of services and
service referrals provided by such domestic violence advocates, the cost of
providing such services and the extent of coordination with other service
providers and state agencies..........$619,073
STATE ETHICS COMMISSION.
0900-0100
For the operation of the state ethics commission...................................................$1,415,000
OFFICE OF THE INSPECTOR GENERAL
0910-0200
For the operation of the office of the inspector
general...............................................$2,600,000
0910-0210
The office of the inspector general may expend
revenues collected up to a maximum of $493,819 from the fees charged to
participants in the Massachusetts public purchasing official certification
program and the certified public manager program for the operation of such
programs; provided, that for the purpose of accommodating discrepancies between
the receipts of retained revenues and related expenditures, the office of the
inspector general may incur expenses and the comptroller may certify for
payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system................................................................$493,819
OFFICE OF CAMPAIGN AND POLITICAL FINANCE.
0920-0300
For the operation of the office of campaign and
political finance........................................$1,078,287
OFFICE OF THE STATE COMPTROLLER.
1000-0001
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the office of the state comptroller for the
purpose and cost of compliance with the Single Audit Act of 1984, Public Law
89-502, and for the federally required comprehensive, statewide single audit of
state operations for the fiscal year ending June 30, 2006 in accordance with
generally accepted accounting principles; provided, that the office of the comptroller
shall charge other items of appropriation for the cost of the audit from
allocated federal funds transferred from federal reimbursement and grant
receipts; provided further, that the office of the comptroller shall charge not
more than a total of $750,000 to other items of appropriation for the cost of
the audit; provided further, that notwithstanding any general or special law to
the contrary, allocated federal funds transferred from federal reimbursement
and grant receipts shall be retained and expended from a separate item without
further appropriation, in addition to state funds appropriated to this item,
for the cost of compliance with the mandate of the federal law and the office
of management and budget regulations; provided further, that the amount of any
such federal funds and grant receipts so credited and expended from this item
shall be reported to the house and senate committees on ways and means;
provided further, that the comptroller shall maintain a special federal and
non-tax revenue unit which shall operate under policies and procedures
developed in conjunction with the secretary for administration and finance;
provided further, that the comptroller shall provide quarterly reports to the
house and senate committees on ways and means which shall include for each
state agency for which the commonwealth is billing, the eligible state
services, the full year estimate of revenues and revenues collected; provided
further, that notwithstanding the provisions of any general or special law to the
contrary, the comptroller shall deduct an amount of $1,000 from any item of
appropriation in section 2 of this
act in which a reporting requirement is stipulated within said item and which
report is not filed within 10 days of the stated due date; provided further,
that any and all amounts deducted shall be deposited in the General Fund and
the comptroller shall notify the house and senate committees on ways and means
of any and all amounts so deducted; provided further, that notwithstanding the
provisions of any general or special law to the contrary, the comptroller may
enter into contracts with private vendors to identify and pursue cost avoidance
opportunities for programs of the commonwealth and to enter into
interdepartmental service agreements with state agencies, as applicable, for
said purpose; provided further, that 60 days before entering into any
interdepartmental service agreements the comptroller shall notify the house and
senate committees on ways and means; provided further, that said notification
shall include, but not be limited to, a description of the project, the purpose
and intent of the interdepartmental service agreement, a projection of the
costs avoided in the current fiscal year, a copy of the contract with the
private vendor including the proposed rate of compensation and any previous
agreements related or similar to the new agreement with the above information;
provided further, that payments to private vendors on account of such cost
avoidance projects shall be made only from such actual cost savings as have
been certified in writing to the house and senate committees on ways and means
by the comptroller and the budget director as attributable to such cost
avoidance projects; provided further, that the comptroller may establish such
procedures, in consultation with the budget director and the affected
departments, as he deems appropriate and necessary to accomplish the purpose of
this section; and provided further, that the comptroller shall report on said
projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws.......................$8,448,692
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Office of the Secretary.
1100-1100
For the office of the secretary and the administration
of the fiscal affairs division; provided, that the secretary shall conduct an
ongoing review of affirmative action steps taken by the various agencies,
boards, departments, commissions or divisions to determine whether such
agencies, boards, departments, commissions or divisions are complying with the
commonwealth's policies of non-discrimination and equal opportunity; provided
further, that whenever non-compliance is determined by the secretary, the
secretary shall hold a public hearing on the matter and report his resulting
recommendations to the head of the particular agency, board, department,
commission or division, to the governor and to the Massachusetts commission
against discrimination; provided further, that the secretary shall report on
the status of each agency, board, department, commission or division receiving
monies under this act, including supplemental and deficiency budgets, as to
compliance or non-compliance with affirmative action policies to the chairs of
the house and senate committees on ways and means, the joint committee on
public service and the joint committee on commerce and labor on or before
December 1, 2005; provided further, that agencies within the executive office
may, with the prior approval of the secretary, streamline and improve
administrative operations pursuant to interdepartmental service agreements;
provided further, that notwithstanding any general or special law or regulation
to the contrary, the secretary for administration and finance, in consultation
with the state secretary, shall, not later than October 31, 2005 issue a
request for purchase through the competitive bidding process for the provision
of public records storage, except those records that receive federal
reimbursement, for all state agencies within the jurisdiction of the governor
in order to achieve cost savings including, but not limited to, those
associated with greater efficiencies in the use and payment of records storage,
reduction in private office lease costs for administrative personnel, and for
more efficient and accessible use of public office space by displacing records
with administrative personnel; provided further, that the secretary, in
consultation with the state secretary, shall report, not later than March 31,
2006, a plan to improve public records storage and office space efficiencies to
the joint committee on state administration and to the house and senate committees
on ways and means; and provided further, that the budget director shall report
on a quarterly basis to the house and senate committees on ways and means the
status of all cost avoidance projects which are undertaken pursuant to item
1000-0001...........................................$3,433,853
Division of Capital Asset Management and Maintenance
1102-3205
The division may expend for the maintenance and
operation of the Massachusetts information technology center an amount not to
exceed $6,100,000 in revenues collected from rentals, commissions, fees,
parking fees and any and all other sources pertaining to the operations of said
center; provided, that notwithstanding any general or special law to the
contrary, and for the purpose of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the division may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate therefore as
reported in the state accounting system...................$6,100,000
1102-3206
For the costs associated with the maintenance and
security of surplus state properties; provided, that the commissioner of the
division of capital asset management and maintenance shall transfer care and
control of a certain parcel of land with the building thereon, located at 291
Summer Street, Lowell and recorded with the Middlesex county northern district
registry of deeds, Book 1491, Page 170, to the Middlesex sheriff; provided
further, that the commissioner of the division of capital asset management and
maintenance shall complete study number SDE 0301ST1 regarding the site location
of the proposed regional holding facility in Essex county by July 31, 2005;
provided, that the division shall submit quarterly reports that detail the hire
date, salary, and job title of every employee at the division and the amount
associated with each bond authorization; and provided further, the division
shall submit a report that details every employee at the division including the
hire date, salary, and job title for fiscal years 2002, 2003, 2004, 2005 and
2006 to the house and senate committees on ways and means on or before January
11, 2006......................................................$359,208
1102-3214
For the state transportation building; provided, that
the division may expend revenues collected up to a maximum of $6,840,000 from
rentals, commissions, fees, parking fees and from any and all other sources
pertaining to the operation of the state transportation building for the
maintenance and operation of said building; and provided further, that for the
purpose of accommodating discrepancies between the receipt of retained revenues
and related expenditures, the division may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system...............................$6,840,000
1102-3231
For the Springfield state office building; provided,
that the division may expend not more than $700,000 in revenues from rents
charged to agencies occupying the building for the maintenance and operation of
the building; and provided further, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system.....................$700,000
1102-3232
For the division of capital asset maintenance and
management; provided, that the division may expend not more than $300,000
received from application fees charged in conjunction with the certification of
contractors and subcontractors pursuant to section 44D of chapter 149 of the General Laws; and provided further, that only expenses,
including staffing, incurred to implement and operate the certification program
shall be funded from this item...........$300,000
Bureau of State Office Buildings.
1102-3301
For the operation of the bureau and for the
maintenance and operation of buildings under the jurisdiction of the state
superintendent of buildings; provided, that the bureau shall retain
jurisdiction over all contracts, purchases and payments for materials and
services required in the operation of the bureau.................$6,549,189
1102-3302
For the purposes of utility costs and associated
contracts for the properties managed by the bureau of state office buildings ....................................$5,061,342
1102-3305
For the maintenance and joint operation of the state
house under the jurisdiction of the state superintendent of state office
buildings and the legislature's joint committee on rules; provided, that the
bureau shall work in coordination with the house of representatives and the
senate relative to the maintenance, repair, purchases and payments for
materials and services, including ongoing Americans with Disabilities Act (ADA)
maintenance and improvements required in the operation of the state house .......................................................$750,000
Office on Disability.
1107-2400
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the office on disability; provided, that $125,000
shall be used to develop training materials for employees working in the state
house on the Americans With Disabilities Act, including how to assist people
with disabilities within the state house..........................$730,280
Disabled Persons Protection Commission.
1107-2501
The Governor has disapproved of certain language.
For the disabled persons protection commission;
provided, that the commission shall facilitate compliance by the department of
mental health and the department of mental retardation with uniform
investigative standards; provided further, that the commission shall report to
the house and senate committees on ways and means not later than the last day
of each quarter on the number of claims of abuse by caretakers made by
employees or contracted service employees of the departments of mental
retardation and mental health and the Massachusetts rehabilitation commission;
provided further, that the report shall include: (i) the number of claims found to be substantiated;
(ii) the number of claims found to be unsubstantiated; and (iii) the number of
claims found to be falsely reported as a result of intentional and malicious
action; and provided further, that the commission shall ensure that all calls
received by the commission's 24-hour hotline are recorded, that all persons who
call said hotline shall be immediately informed that all calls are recorded,
and each such person shall be provided with the opportunity to elect that the
call not be recorded...................................$1,746,915
1108-1011
For the civil service commission; provided, that the
General Fund shall be reimbursed for the appropriation herein through a fee
charged on a per claim basis; provided further, that said commission shall
develop and implement regulations to implement said reimbursement to the
General Fund; and provided further, the civil service commission shall have the
power to assess a fee upon the appointing authority when inappropriate action
has occurred..................$478,073
Group Insurance Commission.
1108-5100
For the administration of the group insurance
commission; provided, that the commission shall generate the maximum amounts
allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as
amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of
chapter 32A of the General Laws..........................................$2,291,969
1108-5200
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the commonwealth's share of the group insurance
premium and plan costs incurred in fiscal year 2006; provided, that the
secretary of administration and finance shall charge the division of
unemployment assistance and other departments, authorities, agencies and
divisions, which have federal or other funds allocated to them for this
purpose, for that portion of insurance premiums and plan costs as the secretary
determines should be borne by such funds, and shall notify the comptroller of
the amounts to be transferred, after similar determination, from the several
state or other funds and amounts received in payment of all such charges or
such transfers shall be credited to the General Fund; provided further, that
prior year costs incurred by self insured plans shall be funded from this item;
provided further, that the group insurance commission shall report quarterly to
the house and senate committees on ways and means the amounts expended from
this item for prior year costs; provided further, that the group insurance
commission shall obtain reimbursement for premium and administrative expenses
from other agencies and authorities not funded by state appropriation; provided
further, that the secretary of administration and finance may charge all
agencies for the commonwealth's share of the health insurance costs incurred on
behalf of any employees of those agencies who are on leave of absence for a
period of more than 1 year; provided further, that the amounts received in
payment for the charges shall be credited to the General Fund; provided
further, that notwithstanding section 26
of chapter 29 of the General Laws,
the commission may negotiate, purchase and execute contracts before July 1 of
each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that
notwithstanding chapter 150E of the
General Laws and as provided in section 8 of chapter 32A and for
the purposes of section 14 of
chapter 32A, the commonwealth's
share of the group insurance premium for state employees who have retired
before July 1, 1994 shall be 90 per cent and the commonwealth's share of the
group insurance premium for state employees who have retired on or after July
1, 1994 shall be 85 per cent; provided further, that the commonwealth's share
of the group insurance premium for active employees upon retirement shall be 85
per cent; provided further, that notwithstanding section 8 of chapter 32A
of the General Laws, the commonwealth's share of the premiums for active state
employees and their dependents whose salary, as determined by the commission in
consultation with the human resources division and the office of the state comptroller,
is between $0 and $34,999, shall be 85 per cent of the premiums and rates;
provided further, that the commonwealth's share of the premiums for active
state employees and their dependents whose salary, as determined by the
commission in consultation with the human resources division and the office of
the state comptroller, is $35,000 or more shall be 80 per cent of the premiums
and rates; provided further, that the preceding provisions pursuant to employee
contributions shall expire December 31, 2005 at which time the commonwealth's
share of the premiums for active state employees and their dependents shall be
85 per cent; provided further, that the commonwealth's share of such premiums
for active state employees and their dependents who are hired after June 30,
2003 shall be 75 per cent of such premiums and rates; provided further, that
the preceding provision pursuant to employee contributions shall expire
December 31, 2005 at which time the commonwealth's share of the premiums for
active state employees hired after June 30, 2003 and their dependents shall be
80 per cent; and provided further, that the commission shall notify the house
and senate committees on ways and means by March 1 of each year of the cost of
the commonwealth's projected share of group insurance premiums for the next
fiscal year...........................................$949,010,107
1108-5350
For elderly governmental retired employee premium
payments................................................$1,088,542
1108-5400
For the costs of the retired municipal teachers'
premiums and the audit of such premiums............$64,161,035
1108-5500
For the costs, notwithstanding chapter 32A of the General Laws to the contrary, of dental and
vision benefits for those active employees of the commonwealth, not including
employees of authorities and any other political subdivision, who are not
otherwise provided those benefits pursuant to a separate appropriation or the
terms of a contract or collective bargaining agreement; provided, that the
employees shall pay 15 per cent of the monthly premium established by the
commission for the benefits...................................................$6,638,836
Division of Administrative Law Appeals.
1110-1000
For the operation of the division of administrative
law appeals established by section 4H
of chapter 7 of the General Laws;
provided, that said office shall maintain, to the fullest extent practicable, a
complete physical and technological separation from any agency, department,
board, commission or program whose decisions, determinations or actions may be
appealed to it; and provided further, that every decision issued by a
commissioner or other head of agency, or designee, following the issuance of a
recommended decision by an administrative law judge of the division, shall be
an agency decision subject to judicial review pursuant to chapter 30A of the General Laws ...................................$1,102,144
George Fingold Library.
1120-4005
For the administration of the library; provided, that
the library shall maintain regular hours of operation from 9:00 a.m. to 5:00 p.m.....................$1,192,449
Massachusetts Commission Against Discrimination.
1150-5100
For the office of the commission, including the
processing and resolution of cases pending before the commission that were
filed on or before July 1, 2002; provided, that on or before November 1, 2005
the commission shall submit to the house and senate committees on ways and
means a report on the total number of all currently pending cases and the total
number of such cases in the investigation, conciliation, post-probable cause
and pre-public hearing and post-hearing stages; provided further, that the
commission shall file an update of the report with the committees on or before
March 1, 2006; provided further, that the commission shall identify in such
reports the number of cases in which the commission has determined there is probable
cause to believe that a violation of chapter 151B of the General Laws has been committed in a case
in which the Massachusetts Bay Transportation Authority is named as a
respondent; provided further, that the commission shall report to the house and
senate committees on ways and means on or before November 1, 2005 the number of
cases pending before the commission in which a state agency or state authority
is named as a respondent, specifying those cases in which the Massachusetts Bay
Transportation Authority is named as a respondent, and the number of the cases
in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the
commission shall include in such report the total number of new cases filed in
fiscal year 2005 and the total number of cases closed by the commission in
fiscal year 2005; provided further, that funds made available in this item
shall be in addition to funds available in item 1150-5104; provided further,
that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the
commission shall pursue the highest allowable rate of federal reimbursement.......................$1,526,374
1150-5104
The Massachusetts commission against discrimination
may expend not more than $2,467,982 from revenues from federal reimbursements
received for the purposes of the United States Department of Housing and Urban
Development fair housing type 1 program and the equal opportunity resolution
contract program during fiscal year 2006 and federal reimbursements received
for these and other programs in prior years; provided, that notwithstanding any
general or special law to the contrary, the commission may also expend revenues
generated through the collection of fees and costs so authorized; provided
further, that for the purposes of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the commission may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system; and provided further, that notwithstanding section 1 or any other general or special law to the contrary,
federal reimbursements received in excess of $2,467,982 shall be credited to
the General Fund..............$2,467,982
1150-5116
The Massachusetts commission against discrimination
may expend not more than $27,500 from
revenues collected from fees charged for the training and certification of
diversity trainers for the operation of the discrimination prevention
certification program...................................$27,500
Department of Revenue
1201-0100
For the operation of the department of revenue, including tax
collection administration, audits of certain foreign corporations, and the
division of local services; provided, that the department may allocate an
amount not to exceed $250,000 to the office of the attorney general for the
purpose of the tax prosecution unit; provided further, that the department may
charge the expenses for computer services, including the cost of personnel and
other support costs provided to the child support enforcement unit, from this
item to item 1201-0160, consistent with the costs attributable to said unit;
provided further, that the department shall maintain regional offices in the
cities of, Springfield, Pittsfield, Fall River, and Worcester and in the
Hyannis section of the town of Barnstable; provided further, that the
department shall provide to the general court access to the municipal data
bank; and provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal
positions funded by this account are positions requiring the services of an
incumbent, on either a full-time or less than full-time basis beginning no
earlier than December 1 and ending no later than November 30; and provided
further, that seasonal positions funded by this account may not be filled by
incumbent for more than 10 months within a 12 month period................$116,943,409
General Fund........................................................................95.0%
Highway Fund........................................................................5.0%
1201-0130
The department of revenue may expend an amount not to
exceed $9,640,000 from revenues collected by auditors and for the costs of
administering an enhanced audit program, for discovering and identifying
persons who are delinquent either in the filing of a tax return or the payment
of a tax due and payable to the commonwealth, for the costs of obtaining those
delinquent returns and collecting those delinquent taxes for a prior fiscal
year; provided, that the commissioner may expend funds from this item to
support the operational costs of the department funded from item 1201-0100; and
provided further, that notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment the amounts not to exceed the lower
of this authorization or the most recent revenue estimate therefore as reported
in the state accounting system........................................$9,640,000
1201-0160
For the child support enforcement unit; provided, that
the department may allocate funds appropriated herein to the department of
state police, the district courts, the probate and family courts, the district
attorneys and other state agencies for the performance of certain child support
enforcement activities, and that those agencies may expend the funds for the purposes
of this item; provided further, that all such allocations shall be reported
quarterly to the house and senate committees on ways and means upon the
allocation of said funds; provided further, that the federal receipts
associated with the child support computer network shall be drawn down at the
highest possible rate of reimbursement and deposited into a revolving account
to be expended for the network; provided further, that federal receipts
associated with child support enforcement grants shall be deposited into a
revolving account to be drawn down at the highest possible rate of
reimbursement and to be expended for the grant authority, so-called; provided
further, that the department shall file quarterly reports with the house and
senate committees on ways and means, detailing the balance, year-to-date and
projected receipts and year-to-date and projected expenditures, by subsidiary,
of the child support trust fund established pursuant to section 9 of chapter 119A
of the General Laws; and provided further, that notwithstanding any general or
special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of revenues and related expenditures, the
department may incur expenses and the comptroller may certify for payment the
amounts not to exceed the lower of the authorization or the most recent revenue
estimate therefor as reported in the state accounting system for federal
incentives and said network in accounts 1201-0161 and 1201-0410...................$48,252,766
1201-0164
For the child support enforcement division; provided,
that said division may expend revenues in an amount not to exceed $6,547,280
from the federal reimbursements awarded for personnel and lower subsidiary
related expenditures.................$6,547,280
1231-1000
For the Commonwealth Sewer Rate Relief Fund
established in section 2Z of
chapter 29 of the General Laws.............$12,500,000
1231-1020
For a program of loans, loan purchases or loan guarantees or
interest subsidies to assist homeowners, homeowner associations or condominium
associations in complying with revised state environmental code for subsurface
disposal of sanitary waste, Title V, so called; provided, that the program
shall be in addition to the loan program established pursuant to item 2200-9959
in section 2 of
chapter 85 of the
acts of 1994; provided further, that the department may contract with third
parties, including, but not limited to, commonwealth-based financial
institutions to manage said program; provided further, that the department and
the third parties shall take all steps necessary to minimize the program's
administrative costs; provided further, that the loans, loan purchases or loan
guarantees shall be available on the basis of a sliding scale that relates a
homeowner's income and assets to the cost of Title V compliance; provided
further, that interest subsidies shall be means-tested and may be for
zero-interest loans pursuant to income standards developed by the department;
and provided further, that the department of revenue shall consult with the
department of environmental protection in developing rules, regulations and
guidelines for said program, prior appropriation continued...........................1232-0100
For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws......................$18,200,000
1232-0200
For the Underground Storage Tank Petroleum Cleanup
Fund Administrative Review Board established by section 8 of chapter 21J
of the General Laws and for the administration of the underground storage tank
program associated with the implementation of chapter 21J of the General Laws; provided, that
notwithstanding section 4 of
chapter 21J or any other general or
special law to the contrary, appropriations made in this item shall be
sufficient to cover the administrative expenses of the underground storage tank
program; provided further, that the board shall submit to the house and senate
committees on ways and means a report on the status of the underground storage
program, including, but not limited to, the number of municipal grants made for
the removal and replacement of underground storage tanks and the reimbursements
for remediated petroleum spills; provided further, that the report shall detail
how many tanks are out of compliance with said chapter 21J; and provided further, that the report shall be
submitted not later than February 16, 2006............$2,026,989
1232-0300
For underground storage tank municipal grants to
remove and replace the tanks pursuant to section 2 of chapter 21J
of the General Laws and section 37A
of chapter 148 of the General Laws...................$489,901
1233-2000
For reimbursing cities and towns for taxes abated
pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second
B, Twenty-second C, Twenty-second E and Thirty-seventh of section 5 of chapter 59
of the General Laws..................................$8,400,000
1233-2010
For reimbursing cities and towns for tax abatements
granted to certain homeowners over the age of 65 pursuant to clause
Fifty-second of section 5 of
chapter 59 of the General Laws................................$9,655
1233-2310
For reimbursing cities and towns for taxes abated
pursuant to the clauses Forty-first, Forty-first B and Forty-first C of section 5 of chapter 59
of the General Laws; provided, that the commonwealth shall reimburse each city
or town that accepts said clause Forty-first B or clause Forty-first C for
additional costs incurred in determining eligibility of applicants under those
clauses in an amount not to exceed $2 per exemption granted.........................$9,890,345
Appellate Tax Board.
1310-1000
For the operation of the appellate tax board;
provided, that the board shall schedule hearings in Barnstable, Gardner,
Lawrence, Milford, Northampton, Pittsfield, Springfield, Worcester and
southeastern Massachusetts; and provided further, that the board shall report
to the house and senate committees on ways and means no later than December 1,
2005 on the number of hearings held at each location......................................$1,766,095
1310-1001
The appellate tax board may expend revenues up to a
maximum of $300,000 from fees collected; provided, that in order to accommodate
discrepancies between the receipt of retained revenues and related
expenditures, the board may incur expenses and the comptroller may certify for
payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system.........................$300,000
Department of Veterans Services
0610-0093
For the purposes of allowing the department of
veterans' services to make bonus payments to Persian Gulf war veterans;
provided, that the payments shall be consistent with the purposes of the trust
instrument for "A Hero's Welcome Trust Fund"............................$23,000
A Hero's Welcome Trust Fund...................................................................................100.00%
1410-0010
For the operation of the department of veterans'
services; provided, that the department may fund a housing specialist from this
item; provided further, that not less than $10,000 shall be expended for the
purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in
the Green Hill park in Worcester; provided further, that not less than $10,000
shall be expended for the Korean War Veterans Committee of Massachusetts for
the purpose of maintaining the Korean War Memorial located in the shipyard park
of the Charlestown Navy Yard; and provided further, that the department may
expend funds for the Glory 54th Brigade...........................................................$1,909,209
1410-0012
For services to veterans, including the maintenance
and operation of outreach centers; provided, that the centers shall provide
counseling to incarcerated veterans and to Vietnam era veterans and their
families who may have been exposed to agent orange; provided further, that not
less than $228,771 shall be obligated for a contract with the Veterans Benefit
Clearinghouse in the Roxbury section of Boston; provided further, that not less
than $106,102 shall be obligated for a contract with the North Shore Veterans
Counseling Center in the city of Beverly; provided further, that not less than
$84,879 shall be obligated for a contract with the Veterans Association of
Bristol county in the city of Fall River; provided further, that not less than
$100,000 shall be obligated for a contract with Nam Vets Association of the
Cape and Islands in the Hyannis section of the town of Barnstable; provided
further, that not less than $292,480 shall be obligated for a contract with the
Montachusett Veterans Outreach Center in the city of Gardner; provided further,
that not less than $84,453 shall be obligated for a contract with the
Metrowest/Metrosouth Outreach Center in the town of Framingham; provided
further, that not less than $30,000 shall be expended for the oral history
project at the Morse Institute Library in Natick; provided further, that not
less than $100,000 shall be expended for veteran's services to be administered
by the Falmouth veterans agent through the Falmouth Free Clinic and Community
Center; and provided further, that not less than $134,879 shall be obligated
for a contract with the Puerto Rican Veterans Association of Massachusetts,
Inc., in the city of Springfield...................$1,294,420
1410-0015
For the women veterans' outreach program...................................................$42,281
1410-0018
The department may expend not more than $300,000 for
the maintenance and operation of Agawam and Winchendon veterans' cemeteries
from revenue collected from fees, grants, gifts or other contributions to the
cemeteries; prior appropriations continued.....................................$300,000
1410-0100
For the revenue maximization project of the executive
office of elder affairs to identify individuals eligible for veterans' pensions
who are currently receiving home health care services........................$98,000
1410-0250
For homelessness services; provided, that not less
than $475,105 shall be obligated for a contract with the central Massachusetts
Shelter for Homeless Veterans in the city of Worcester; provided further, that
not less than $352,395 shall be obligated for a contract with the Southeastern
Massachusetts Veterans Housing Program, Inc. in the city of New Bedford;
provided further, that $100,350 shall be obligated for a contract with the
Veterans Benefit Clearinghouse in the Dorchester section of the city of Boston;
provided further, that not less than $199,405 shall be obligated for a contract
with Unity House in the city of Gardner; provided further, that not less than
$75,000 shall be obligated for a contract with the Transition House in the city
of Springfield; provided further, that not less than $51,975 shall be expended
for a contract with the Springfield Bilingual Veterans Outreach Center for the
operation and maintenance of a transitional housing unit at the YMCA of
Springfield; provided further, that not less than $28,350 shall be obligated
for a contract with the Homestead in the town of Hyannis; provided further,
that not less than $200,000 shall be obligated for contracts with the Veterans
Hospice Homestead in the city of Leominster and the Veterans Hospice in the
town of Fitchburg; provided further, that not less than $22,500 shall be
obligated for a contract with the Turner House located in the town of
Williamstown; provided further, that not less than $73,350 shall be obligated
for a contract with the Veterans Benefit Clearinghouse in the Roxbury section
of the city of Boston; provided further, that not less than $44,888 shall be
provided for a contract with the Mansion in the city of Haverhill; provided
further, that not less than $200,000 shall be obligated for a contract with the
United Veterans of America shelter in the town of Leeds; and provided further,
that not less than $190,000 shall be obligated for a contract with Habitat
P.L.U.S. in the city of Lynn.................................$2,013,318
1410-0251
For the maintenance and operation of homeless shelters
and transitional housing for veterans at the New England Shelter for Homeless
Veterans located in the city of Boston......................................$2,258,043
1410-0300
For the payment of annuities to certain disabled
veterans and the parents and unremarried spouses of certain deceased veterans;
provided, that such payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall
take reasonable steps to terminate payments upon the death of a recipient;
provided further, that the department shall prorate annuity payments to ensure
that the total payments in fiscal year 2006 shall not exceed the amount
appropriated herein; and provided further, that the secretary of veterans'
services shall file with the house and senate committees on ways and means a
report detailing the number of applications received for annuities offered
under this program at the end of each fiscal quarter.................$12,339,263
1410-0400
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For reimbursing cities and towns for money paid for
veterans' benefits and for payments to certain veterans under section 6 of chapter 115
of the General Laws; provided, that notwithstanding any general or special law
to the contrary, 100 per cent of the amounts of veterans' benefits paid by cities
and towns to residents of a soldiers' home shall be paid by the commonwealth to
the several cities and towns; provided further, that pursuant to section 9 of said chapter 115, the department shall reimburse cities and towns for the cost of
United States flags placed on the graves of veterans on Memorial Day; provided
further, that notwithstanding any general or special law to the contrary, the
secretary of veteran services may continue a training program for veterans'
agents and directors of veterans' services in cities and towns; provided
further, that the purpose of the training program shall be to maximize federal
assistance available for veterans and to assure that the agents and directors
receive uniform instruction on providing veterans and dependents with advice
relative to procurement of state, federal and local benefits to which they are
entitled, including employment, education, health care, retirement and other
veterans' benefits; provided further, that the subject matter of the training
program shall include benefits available under said chapter 115 and alternative resources, including those which
are partially or wholly subsidized by the federal government, such as Medicaid,
Supplemental Security Income and Social Security Disability benefits, as well
as federal pension and compensation entitlements; provided further, that the
secretary shall promulgate regulations for the training program; provided
further, that upon successful participation by the veterans' agents or
directors of veterans' services in the training program, the costs of the training
program incurred by the several cities and towns shall be reimbursed by the
commonwealth on or before November 10 following the fiscal year in which the
costs were paid; provided further, that any person applying for veterans'
benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical
assistance under said chapter 118E
to minimize cost of the commonwealth and its municipalities; provided further,
that veterans' agents shall complete applications authorized by the executive
office under said chapter 118E for
any veteran, widow and dependent applying for medical assistance under said
chapter 115; provided further, that
the veterans' agent shall file the application for the veteran or dependent for
assistance under said chapter 118E;
provided further, that the executive office shall act on all said chapter 118E applications and advise the applicant and the
veterans' agent of the applicant's eligibility for said chapter 118E healthcare; provided further, that the veterans'
agent shall advise the applicant of the right to assistance for medical
benefits under said chapter 115
pending approval of the application for assistance under said chapter 118E by the executive office provided further, that
the secretary may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is
necessary to afford the veteran or dependent sufficient relief and support;
provided further, that payments to or on behalf of a veteran or dependent
pursuant to said chapter 115 shall
not be considered income for the purposes of determining eligibility under said
chapter 118E; and provided further,
that benefits awarded pursuant to section 6B of said chapter 115
shall be considered countable income..............................$13,805,284
1410-0630
For the administration of the veterans' cemeteries in
the towns of Agawam and Winchendon.................$866,448
Reserves.
1599-0035
For certain debt service contract assistance to the
Massachusetts Convention Center Authority in accordance with section 39 of chapter 190 of the acts of 1982; provided, that the assistance shall be
expended notwithstanding section 35J
of chapter 10 of the General Laws............................$14,735,000
1599-0042
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For a reserve to improve the quality of the
commonwealth's child care system by enabling child care providers to better
attract and retain quality staff; provided, that payments from this reserve
shall be distributed by the department of early education and care to increase
reimbursement rates for subsidized child care; provided further, that the
increases shall be directed to expenditures for salaries, benefits, and
stipends for professional development of child care workers; and provided
further, that such increases may be allocated to adjust rates of reimbursement
paid to each provider by the same percentage across the commonwealth............................$12,500,000
1599-0049
For contract assistance payments to the Foxborough
Industrial Development Finance Authority in accordance with section 8 of chapter 16
of the acts of 1999............................................$5,337,628
1599-0050
For Route 3 North contract assistance payments...................................$26,755,000
1599-0093
For contract assistance to the water pollution
abatement trust for debt service obligations of the trust, in accordance with
sections 6 and 6A of chapter 29C of
the General Laws .................................$55,166,537
1599-1970
For a reserve for the Massachusetts turnpike authority
for costs incurred in fiscal year 2005 for the operation and maintenance of the
central artery/tunnel project pursuant to chapter 235 of the acts of 1998 ..........$25,000,000
1599-1971
For the cost of hired and leased equipment, vehicle
repair, and sand, salt, and other control chemicals used for snow and ice
control; provided, that the secretary for administration and finance shall
submit to the house and senate committees on post audit and oversight, the
house and senate committees on transportation and the house and senate
committees on ways and means a report on snow and ice control efforts no later
than September 1, 2005 which shall include, but not be limited to, the
following: (a) a list of amounts
paid to each vendor from state appropriations for snow and ice control efforts
for fiscal years 2004 and 2005; (b) a detailed account of the administrative
oversight exercised by either the secretary for administration and finance, the
secretary of transportation or the department of highways for snow and ice
control efforts, including an explanation of measures taken to verify services
provided, audit vendor payment vouchers, or any other measures taken to ensure
accountability relative to the expenditure of the state funds for snow and ice
control efforts; (c) information on the transponder program including, but not
limited to, the number and cost of transponders leased or purchased, costs
associated with maintenance and warranties for the transponders, the useful
life of the transponders, the number of incidents when transponders failed or
malfunctioned, the number of transponders that were damaged, estimated costs of
continuing the program, the compliance rate of vendors using transponders, the
number of transponders that were damaged or broken, the number of appeals by
contractors for transponders that may have failed or malfunctioned, a list of
any contractors that were accused of, charged with or prosecuted for fraudulent
snow and ice removal claims; and (d) any other information that the secretary
determines is necessary to account for and explain the extraordinary
expenditure of state appropriations for the control and removal of snow and
ice; and provided further, that the report indicates how many salt storage
facilities in the commonwealth are in conformance with section 7A of chapter 85 of the General Laws and how many are not ...................................$10,500,000
1599-3234
For the commonwealth's south Essex sewerage district
debt service assessment ..........................$93,550
1599-3384
For a reserve for the payment of certain court
judgments, settlements and legal fees, in accordance with regulations
promulgated by the comptroller, which were ordered to be paid in the current
fiscal year or a prior fiscal year; provided, that the comptroller shall report
quarterly to the house and senate committees on ways and means on the amounts
expended from this item; provided further, that no amount appropriated in this
item shall fund attorneys' fees for Boulet, et al v. Cellucci, et al, civil
action No. 99-CV-10617-DPW, United States District Court of Massachusetts .............$4,837,211
1599-3837
For the payment to the water pollution abatement trust
to fund financial assistance to municipalities and other eligible borrowers to
meet debt service obligations incurred by the municipalities and other eligible
borrowers after January 1, 1992, to finance the costs of water treatment
projects or portions thereof which have been approved by the department of
environmental protection, or otherwise authorized by law, and which have been
completed, as determined by the department, on or before the promulgation date
of the department's regulations related to the implementation of the federal
Safe Drinking Water Act.............................$7,852,853
1599-3838
For a reserve for payment to the water pollution
abatement trust to finance the costs of water treatment projects or portions
thereof which have been approved by the department of environmental protection,
or otherwise authorized by law, after the promulgation date of the department's
regulations related to the implementation of the federal Safe Drinking Water Act......................$9,465,260
1599-3856
For rent and associated costs at the Massachusetts
information technology center in Chelsea ......$7,115,000
1599-3857
For capital lease payments from the University of
Massachusetts to the Massachusetts development finance agency and for annual
operations of the advanced technology and manufacturing center in Fall River...................$1,300,000
1599-4408
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a reserve for costs incurred to comply with the
provisions of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Pub. L. 104-193), or any successor federal statute, including but
not limited to, state work participation requirements, subsequent to the
expiration of the commonwealth's federal welfare waiver on September 30, 2005,
or with any additional costs or requirements imposed as a result of any
legislation enacted by the general court subsequent to reauthorization of the
federal temporary aid for needy families block grant; provided, that not less
than $6,000,000 shall be made available to the department of transitional
assistance for additional services in item 4401-1000, the employment services
program, administered within the department; provided further, that not less
than $6,000,000 shall be made available to the department of early education
and care for additional child care vouchers and contracts, according to the
provisions of item 3000-4050 and for the administration of the vouchers and
contracts by child care resource and referral agencies, according to the
provisions of item 3000-2000; provided further, that the secretary of
administration and finance, the commissioner of the department of transitional
assistance and the commissioner of the department of early education and care,
shall, not later than January 15, 2006, jointly issue a preliminary report, and
not later than April 1, 2006, issue a final report on planned expenditures from
this item, on any federal actions impacting the state transitional assistance
program, and on any legislative proposals the department may recommend in
response to the actions; provided further, that, if the reports include
legislative or administrative recommendations in response to federal actions,
the reports shall include a description of all new requirements proposed to be
imposed on recipients of transitional aid to families with dependent children
as a result of federal actions, an analysis of the individuals proposed to be
subject to work requirements as a result of the actions, including an analysis
of which individuals may reasonably be expected to obtain employment with
proper assistance and which require an alternative plan or strategy for
achieving self-sufficiency, and a detailed plan for addressing the needs of any
recipient who would be subject to work requirements under such proposal;
provided further, that the reports shall be provided to the chairpersons of the
house and senate ways and means committees, the house and senate chairpersons
of the joint committee on children and families and the house and senate
chairpersons of the joint committee on education; and provided further, that
nothing in the foregoing authorizes the department of transitional assistance
to impose rules or requirements that are not authorized by section 110 of chapter5 of the acts of 1995...................$12,000,000
1599-6901
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For a reserve to adjust the wages, compensation or
salary and associated employee-related costs to personnel who are employed by
private human service providers that deliver human and social services under
contracts with departments within the executive office of health and human
services and the executive office of elder affairs; provided, that home care
workers shall be eligible for funding from this appropriation; provided
further, that the secretary of administration and finance may allocate the
funds appropriated in this item to the departments in order to implement this
initiative; provided further, that the executive office of health and human
services shall condition the expenditure of the reserve upon assurances that
the funds shall be used solely for the purposes of adjustments to wages,
compensation or salary; provided further, that not later than February 15,
2006, the executive office shall submit to the house and senate committees on
ways and means a report delineating the number of employees, by job title and
average salary, receiving such adjustment in fiscal year 2006 and the average
percentage adjustment funded by this reserve; provided further, that the report
shall also include, for each contract scheduled to receive any allocation from
this item in each such department, the total payroll expenditures in each
contract for the categories of personnel scheduled to receive the adjustments;
provided further, that no funds from this item shall be allocated to special
education programs under chapter 71B
of the General Laws, contracts for child care services or programs for which
payment rates are negotiated and paid as class rates as established by the
division of health care finance and policy; provided further, that no funds
shall be allocated from this item to contracts funded exclusively by federal
grants as delineated in section 2D;
provided further, that the total fiscal year 2006 cost of salary adjustments
and any other associated employee costs authorized thereunder shall not exceed
$20,000,000; provided further, that $14,000,000 shall be expended in fiscal
year 2006 to adjust the wages, compensation or salary and associated
employee-related costs to personnel earning less than $25,000 in annual
compensation who are employed by private human service providers that deliver
human and social services under contracts with departments within the executive
office of health and human services and the executive office of elder affairs;
provided further, that $6,000,000 shall be expended in fiscal year 2006 to
adjust the wages, compensation or salary and associated employee-related costs
to personnel earning more than $25,001 and less than $40,000 in annual
compensation who are employed by private human service providers that deliver
human and social services under contracts with departments within the executive
office of health and human services and the executive office of elder affairs;
provided further, that the annualized cost of the adjustments in fiscal year
2007 shall not exceed the amount appropriated herein; and provided further,
that the raises provided through this item shall be in addition to any already
agreed to or collectively bargained for pay increases.......................................................$20,000,000
1599-7092
For a reserve for the county correctional programs;
provided, that notwithstanding any general or special laws to the contrary, the
sheriffs, in conjunction with the county government finance review board, shall
maintain and continue to collaborate with the comptroller's office to collect
and report all revenue collection and all spending on the Massachusetts
Management Accounting and Reporting System; provided further, that the
comptroller shall not transfer the funds from this item to item 8910-0000
unless the plan is in place; provided further, that the county government
finance review board shall, by January 1, 2006, have developed a plan for the
spending of all funds for fiscal year 2006, and developed a sound fiscal
spending plan for fiscal year 2007; provided further, that the board shall
build the spending plans with the direct input of the seven sheriffs still
functioning under the county government system; provided further, that by
January 15, 2006 the board shall report all spending plans to the house and
senate committees on ways and means; provided further, that the information
shall satisfy all fiscal requirements for a maintenance level of funding,
including, but not limited to, collective bargaining increases, legal fees,
debt services, one time costs, energy costs, equipment leases, medical costs,
and workers' compensation issues; provided further, that no other spending
information or requests shall be submitted to the house and senate committees
on ways and means by the individual sheriffs until February 15, 2006; provided
further, that the board shall also provide a projection of all county funds to
be collected for fiscal year 2006 and 2007; provided further, that the board
shall release all funds from fiscal year 2006 quarterly; provided further, that
any sheriff that spends more than the quarterly approved budget shall have the
money allocated for the following quarter reduced by the excess amount
overspent in the previous quarter; and provided further, that it is the intent
of the General Court that funds shall not be spent from this item nor any funds
be transferred from this item to another item until all of the aforementioned
restrictions and conditions have been satisfied.............................$39,319,632
1599-7104
For a reserve for the facilities costs associated with
the college of visual and performing arts at the University of Massachusetts at
Dartmouth; provided, that funds may be expended for Bristol Community College..................$2,565,093
1599-7780
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For a reserve for the costs of rent and relocation for
the eastern district attorney's office; provided further, that no less than
$118,000 shall be expended for the Norfolk district attorney's office......................................$1,358,000
Human Resources Division.
1750-0100
For the operation of the human resources division and the
costs of administration, training, and customer support related to the commonwealth's
human resources and compensation management system; provided, that the
information technology division shall continue a chargeback system for its
bureau of computer services including the operation of the commonwealth's human
resources and compensation management system, which complies with the
requirements of section 2B; provided further, that the division shall be responsible for the
administration of examinations for state and municipal civil service titles,
establishment of eligible lists, certification of eligible candidates to state
and municipal appointing authorities, technical assistance in selection and
appointment to state and municipal appointing authorities; provided further,
that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to
the contrary, the commissioner of administration shall charge a fee of not less
than $50 to be collected from each applicant for a civil service examination;
provided further, that the division shall administer a program of state
employee unemployment management, including, but not limited to, agency
training and assistance; provided further, that the division shall administer
the statewide classification system, including, but not limited to, maintaining
a classification pay plan for civil service titles within the commonwealth in
accordance with generally accepted compensation standards and reviewing appeals
for reclassification; provided further, that the secretary for administration
and finance shall file with the house and senate committees on ways and means
the amounts of any and all economic benefits necessary to fund any incremental
cost items contained in any collective bargaining agreements with the various
classified public employees' unions; provided further, that the nature and
scope of economic proposals contained in such agreements shall include all
fixed percentage or dollar based salary adjustments, non-base payments or other
forms of compensation and all supplemental fringe benefits resulting in any
incremental costs; and provided further, that any employee of the commonwealth
who chooses to participate in a bone marrow donor program or an organ donor
transplant program shall be granted a leave of absence with pay to undergo the
medical procedure and for associated physical recovery time, but this leave shall
not exceed 5 days............$3,846,396
1750-0102
The human resources division may expend not more than
$1,327,500 from revenues collected from fees charged to applicants for civil
service and non-civil service examinations and fees charged for the costs of
goods and services rendered in administering training programs; provided, that
the division shall collect from participating non-state agencies, political
subdivisions, and the general public fees sufficient to cover all costs of the
programs, including, but not limited to, a fee to be collected from each
applicant for a civil service examination or non-civil examination,
notwithstanding paragraph (n) of
section 5 of chapter 31 of the General Laws or any other general or special
law to the contrary; and provided further, that notwithstanding any general or
special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of retained revenues and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate therefore as reported in the state accounting system.................................$1,327,500
1750-0111
For the planning and implementation of a civil service
continuous testing program and the operation of the bypass appeals process
program; provided, that the division shall file quarterly reports with the
house and senate committees on ways and means detailing the number of tests
administered and the amount of revenue collected through said program...................$102,437
1750-0119
For payment of workers' compensation benefits to
certain former employees of Middlesex and Worcester counties; provided, that
the division shall routinely recertify said former employees pursuant to
current workers' compensation procedures...........................$233,350
1750-0201
The human resources division may expend not more than
$250,000 from revenues collected for implementation of the medical and physical
fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel
administrator shall charge a fee of not less than $50 to be collected from each
applicant who participates in the physical ability test; provided further, that
the human resources division shall submit a semi-annual report to the house and
senate committees on ways and means detailing all expenditures on the program
including, but not limited to, the costs of personnel, consultants,
administration of the wellness program, establishment of standards and any
other related costs of the program; and provided further, that the division
shall report to the house and senate committees on ways and means by February
1, 2006 on the projected costs of the program for fiscal year 2006........................$250,000
1750-0300
For the commonwealth's contributions in fiscal year
2006 to health and welfare funds established pursuant to certain collective
bargaining agreements; provided, that the contributions shall be calculated as
provided in the applicable collective bargaining agreement and shall be paid to
such health and welfare trust funds on a monthly basis or on such other basis
as the applicable collective bargaining agreement provides ..................$21,286,962
Operational Services Division.
1775-0100
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the operational services
division; provided, that the division shall expend funds for the purpose of
achieving savings pursuant to provisions included in this act; provided
further, that notwithstanding any general or special law to the contrary, the
division of purchased services of the operational services division which,
under section 274 of chapter 110 of the acts of 1993, is responsible for
determining prices for programs under chapter 71B of the General Laws, shall set all such prices in
fiscal year 2006 by increasing the final fiscal year 2005 price by the rate of
inflation as determined by the division; provided further, that the division
shall also adjust prices for Extraordinary Relief, as defined in 808 CMR
1.06(4); provided further, that the department shall accept applications for
Program Reconstruction in fiscal year 2006; provided further, that programs for
which prices in fiscal year 2005 were lower than the full amount permitted by
the division of purchased services shall be permitted to charge in fiscal year
2006 the full price calculated for fiscal year 2005 adjusted by the rate of
inflation as determined by the division; provided further, that upon the
request of a program, the operational services division shall authorize a
minimum price for the program to charge out-of-state purchasers; and provided
further, that the division shall determine said minimum price for out-of-state
purchasers by identifying the most recent price calculated for the program and
applying the estimated rates of inflation which are established by December 1
of each year pursuant to section 274
of chapter 110 of the acts of 1993
in a compounded manner for each fiscal year following the most recent
calculated price.......................$2,033,309
1775-0124
The operational services division may expend an amount
not to exceed $300,000 from revenue collected in the recovery of
cost-reimbursement and non-reimbursable over billing and recoupment for health
and human service agencies and as a result of administrative reviews, as
determined during the division's audits and reviews of providers pursuant to
section 274 of chapter 110 of the acts of 1993; provided, that the division
may only retain revenues collected in excess of $207,350..................$300,000
1775-0600
The operational services division may expend not more
than $100,000 in revenues from the sale of state surplus personal property,
including the payment, expenses and liabilities for the acquisition,
warehousing, allocation and distribution of surplus property; provided, that
for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the operational services division may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system, including the costs of personnel ......................$100,000
1775-0700
The operational services division may expend not more
than $53,000 in revenues collected in addition to the amount authorized in item
1775-1000 of section 2B, for
printing, photocopying, related graphic art or design work and other
reprographic goods and services provided to the general public, including all
necessary incidental expenses....................................$53,000
1775-0900
The operational services division may expend not more
than $55,000 in revenues collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter 7 of the General Laws, including the costs of personnel, from the sale
of federal surplus property, including the payment, expenses and liabilities
for the acquisition, warehousing, allocation and distribution of federal
surplus property; provided, that for the purpose of accommodating discrepancies
between the receipt of retained revenues and related expenditures, the
operational services division may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate as reported in the state accounting system........................$55,000
1775-1100
The operational services division may expend not more
than $500,000 in revenues collected from the disposal of surplus motor
vehicles, including, but not limited to, state police vehicles from vehicle
accident and damage claims and from manufacturer warranties, rebates and
settlements, for the purchase of motor vehicles; provided, that the division shall
evaluate the use of technology, the internet,
and online auctions to enhance the sales of surplus vehicles and submit
a report of its findings to the house and senate committees on ways and means,
and the house and senate committees on post audit and oversight on or before
October 1, 2005; and provided further,
that for the purpose of accommodating discrepancies between the receipt of
retained revenues and related expenditures, the operational services division
may incur expenses and the comptroller may certify for payment amounts not to
exceed the lower of this authorization or the most recent revenue estimate as
reported in the state accounting system, including the costs of personnel..............$500,000
Information Technology Division.
1790-0100
For the operation of the information technology
division; provided, that the division shall continue a chargeback system for
its bureau of computer services including the operation of the commonwealth's
human resources and compensation management system, which complies with the
requirements of section 2B;
provided further, that the division shall develop a formula to determine the
cost that will be charged to each agency for its use of the human resources and
compensation management system; provided further, that the division may
coordinate with any state agency or state authority which administers a grant
program to develop a statewide grant information page on the commonwealth's
official worldwide web site, that shall include all necessary application forms
and a grant program reference in a format that is retrievable and printable;
provided further, that the division shall continue conducting audits and
surveys to identify and realize savings in the acquisition and maintenance of
communications lines; provided further, that the commissioner shall file an
annual status report with the house and senate committees on ways and means by
May 16, 2006 with actual and projected savings and expenditures for the audits
in the fiscal year ending June 30, 2006; provided further, that the state
comptroller shall establish accounts and procedures as he deems appropriate and
necessary to assist in accomplishing the purposes of this item; provided
further, that any planned information technology development project or
purchase by any agency under the authority of the governor for which the total
projected cost exceeds $200,000 including the cost of any related hardware,
software, or consulting fees, and regardless of fiscal year or source of funds,
shall be reviewed and approved by the chief information officer before such
agency may obligate funds for such project or purchase; and provided further,
that the chief information officer may establish such rules and procedures as
he deems necessary to implement this item...............$4,994,753
1790-0300
The information technology division may expend not
more than $467,837 from revenues
collected from the provision of computer resources and services to the general
public for the costs of the bureau of computer services, including the
purchase, lease or rental of telecommunications lines, services and equipment...........................$467,837
Executive Office of Environmental Affairs Office of the Secretary
2000-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the office of the secretary, including the water
resources commission, the hazardous waste facility site safety council, the
coastal zone management program, environmental impact reviews conducted
pursuant to chapter 30 of the
General Laws, the mosquito-borne disease vector control chapter program, and a
central data processing center for the secretariat; provided, that the
secretary of environmental affairs may enter into interagency agreements with
any line agency within the secretariat, whereby the line agency may render data
processing services to said secretary; provided further, that the comptroller
may allocate the costs for such data processing services to the several state
and other funds to which items of appropriation of such agencies are charged;
provided further, that said secretary shall file a plan with the house and
senate committees on ways and means 20 days before entering into any
interdepartmental service agreements with any of the departments or divisions
under said secretariat or any department, division or office under the
executive office of administration and finance; provided further, that the
secretary shall file a plan with the house and senate committees on ways and
means and to the joint committee on the environment, natural resources and
agriculture 90 days prior to the initiation of any proposal or plan that would
consolidate any function with any of the departments or divisions under said
secretariat or any department, division or office under the executive office of
administration and finance; provided further, that the plan shall include, but
not be limited to the following: (1)
an identification of the employees that would be affected by consolidation and
the item of appropriation that they are paid from, (2) the savings or
efficiencies to be realized, (3) the improvements to the services expected, and
(4) the source and amount of funding necessary to accomplish the consolidation;
and provided further, that the secretary shall provide a 90 day notice prior to
the implementation of any memorandum of understanding, interagency service
agreements, or other contacts, or agreements that would enable such
consolidation of services to take place; provided further, that $75,000 shall
be expended for a study of traffic patterns during rush hour commutes on
department of conservation and recreation controlled roadways serving Lynn,
Swampscott and Nahant; provided further, that not less than $40,000 shall be
expended for the completion of a comprehensive cost study of a master plan for
the maintenance and improvement of all property under the care, custody and
control of the division in the West Roxbury section of the city of Boston
including such measures but not limited to the planting, pruning,
reforestation, enhancement of pedestrian access walks and the removal of
leaves, snow and debris in said property; provided further, that not less than
$50,000 shall be transferred to the Boston Harbor Islands Alliance for costs
associated with the new visitor contact station known as the Harbor Park
Pavilion on Parcel 14 of the Rose Kennedy Greenway; provided further, that
funds may be expended for volunteer water monitoring grants; provided further,
that not less than $50,000 shall be expended for new flood insurance rate maps
for Salisbury beach; and provided further, that $150,000 shall be expended for
a coastal water quality and natural resource monitoring program in Buzzards Bay
administered by the Coalition for Buzzards Bay.................$6,309,486
2000-9900
For the office of geographic and environmental
information established in section 4B
of chapter 21A of the General Laws.................$280,944
2001-1001
The secretary of environmental affairs may expend an
amount not to exceed $125,000 accrued from fees charged to authorities and
units of government within the commonwealth, other than state agencies, for the
distribution of digital cartographic and other data, and the review of
environmental notification forms pursuant to sections 61 to 62H, inclusive, of
chapter 30 of the General Laws, for
the purposes of providing those services.............................$125,000
2010-0100
For recycling and related purposes consistent with the
recycling plan of the solid waste master plan which includes municipal
equipment, a municipal recycling incentive program, recycled product
procurement, guaranteed annual tonnage assistance, recycling transfer stations,
source reduction and technical assistance, consumer education and participation
campaign, municipal household hazardous waste program, the recycling loan
program, research and development, recycling market development and recycling business
development, and the operation of the Springfield materials recycling facility;
provided further, that funds may be expended for a recycling industry
reimbursement program pursuant to section 24I of chapter 43 of the
acts of 1997; and provided further, that funds may be expended on municipal
recycling incentives and equipment grants.........................$2,340,647
2010-0200
For redemption centers; provided, that the department
of environmental protection shall expend the funds appropriated in this item
for a program to preserve the continuing ability of redemption centers to
maintain operations in pursuit of the commonwealth's recycling goals consistent
with section 323 of chapter 94 of the General Laws; provided further, that for the
purposes of this item and said chapter 94, a redemption center shall be any business registered with the
commonwealth whose primary purpose is the redemption of reusable beverage
containers; provided further, that such program shall take into consideration
the volume of redeemables per redemption center, the length of time such center
has been in operation, the number of returnables redeemed quarterly by such
centers, the submission by such centers of documentation of their redeemed
returnables to the department and the costs of transportation, packing, storage
and labor; and provided further, that the redemption centers shall be eligible
for such funds if they were registered with the commonwealth as of April 1,
2003.........$1,375,000
2020-0100
For toxics use reduction technical assistance and
technology in accordance with chapter 21I
of the General Laws.................$1,304,700
2030-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the office of environmental law
enforcement; provided, that officers shall provide monitoring pursuant to the
National Shellfish Sanitation Program; provided further, that the department
shall maintain and operate the boat registration and titling offices in Hyannis
and Fall River; and provided further, that funds from this item shall not be
expended for the purposes of item 2030-1004; and provided further, that
$100,000 shall be expended for the cost of patrols performed by environmental
law enforcement officers within properties controlled by the division of state
parks and recreation...................$10,013,746
2030-1004
For environmental police private details; provided,
that the office may expend revenues of up to $250,000 collected from the fees
charged for private details; provided further, that notwithstanding any general
or special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of retained revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate therefor as reported in the state accounting system.................$250,000
Department of Environmental Protection.
2200-0100
For the operation of the department of environmental
protection, including the environmental strike force, the office of
environmental results and strategic planning, the bureau of resource
protection, the Senator William X. Wall experimental station, and a contract
with the University of Massachusetts for environmental research,
notwithstanding the provisions of section 323F of chapter 94 of the
General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to
section 18 of chapter 21A of the General Laws; provided further, that that
$168,000 shall be expended for sediment control in Lake Webster; provided
further, that $25,000 shall be expended to investigate the contamination of the
Barnes Aquifer, located in the towns of Southampton and Easthampton and the
cities of Holyoke and Westfield, provided further, that the department shall
provide an overview of the extent of contamination and estimated cost to
provide potable water to all affected residents to the house and senate
committees on ways and means no later than March 1, 2006; provided further,
that not less than $100,000 shall be expended by the department of
environmental protection to complete the collaborative effort among the
executive office of environmental affairs, the department of conservation and
recreation, the department of highways and the Massachusetts Historic
Commission to complete and publish the final document "Historic Parkways
Preservation Treatment Guidelines; and provided further, that enactment of the
appropriations made available by this act to the department shall be deemed a
determination, pursuant to subsection (m)
of section 19 of chapter 21A of the General Laws..................$30,159,434
2200-0102
The department of environmental protection may expend
an amount not to exceed $1,200,000 from revenues collected from fees collected
from wetland permits; provided, that notwithstanding any general or special law
to the contrary, for the purpose of accommodating timing discrepancies between
the receipt of revenues and related expenditures, the department may incur
expenses and the comptroller may certify for payment the amounts not to exceed
the lower of this authorization or the most recent revenue estimate as reported
in the state accounting system; provided further, that the department shall
submit a report by January 11, 2006 on implementation of the wetlands fee, the
amount of the fee increase and the revenue that has been collected; and
provided further, that the wetlands fees that were directed into the General
Fund shall not be lower than the amount deposited at the end of fiscal year
2004....................$1,200,000
2210-0100
For the implementation and administration of chapter 21I of the General Laws; provided, that the department
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 detailing the status of the department's progress
in meeting the statutory and regulatory deadlines associated with chapter 21I and detailing the number of full-time equivalent
positions assigned to various implementation requirements of chapter 21I.....................$918,782
2220-2220
For the administration and implementation of the
federal Clean Air Act, including the operating permit program, the emissions
banking program, the auto-related state implementation program, the low
emission vehicle program, the non-auto-related state implementation program,
and the commonwealth's commitments under the New England Governor's/Eastern
Canadian Premier's Action Plans for reducing acid rain deposition and mercury
emissions...............$1,001,064
2220-2221
For the administration and implementation of the
operating permit and compliance program required under the federal Clean Air Act.................$1,882,993
2250-2000
For the purposes of state implementation of the
federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws..............$1,520,085
2260-8870
For the expenses of the hazardous waste cleanup and
underground storage tank programs, notwithstanding section 323F of chapter 94 of the General Laws and section 4 of chapter 21J of the
General Laws.............$14,311,075
2260-8872
For the brownfields site audit program..............................................$1,749,676
2260-8881
For the operations of the board of registration of
hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws.............................$341,656
Department of Fish and Game
2300-0100
For the office of the commissioner; provided, that the
commissioner's office shall assess and receive payments from the division of
marine fisheries, the division of fisheries and wildlife, the public access
board, the riverways programs, and all other programs under the control of the
department of fish and game; provided further, that the purpose of those
assessments shall be to cover appropriate administrative costs of the
department, including but not limited to payroll, personnel, legal and
budgetary costs; and provided further, that the amount and contribution from
each division or program shall be determined by the commissioner of fish and
game............................$450,001
2300-0101
For a program of riverways protection, restoration and
promotion of public access to rivers, including grants to public and nonpublic
entities; provided, that the positions funded in this item shall not be subject
to chapter 31 of the General Laws.................................$450,829
2310-0200
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the administration of the division of fisheries
and wildlife, including expenses of the fisheries and wildlife board, the
administration of game farms and wildlife restoration projects, for wildlife
research and management, the administration of fish hatcheries, the improvement
and management of lakes, ponds and rivers, for fish and wildlife restoration
projects, the commonwealth's share of certain cooperative fishery and wildlife
programs, and for certain programs reimbursable under the federal Aid to Fish
and Wildlife Restoration Act; provided, that funds from this item shall be made
available to the University of Massachusetts at Amherst for the purposes of
wildlife and fisheries research in an amount not to exceed the amount received
in fiscal year 2005 for such research; provided further, that $200,000 shall be
expended to continue to operate fish hatcheries in the towns of Montague and
Sandwich; provided further, that the department shall expend the amount
necessary to restore anadromous fish in the Connecticut and Merrimack river
systems; provided further, that expenditures for such programs shall be
contingent upon prior approval of the proper federal authorities for
reimbursement of at least 75 per cent of the amount so expended; and provided
further, that the department of fish and game, the division of fisheries and
wildlife and the fisheries and wildlife board shall submit a joint report to
the house and senate committees on way and means by September 1, 2005 detailing
a 5-year plan for the expenditures of the surplus of funds in the Inland Fish
and Game Fund; provided further, that funds may be expended to supplement the
natural heritage and endangered species program; provided further, that $50,000
in matching funds shall be provided to the National Marine Life Center for
wetland restoration; provided further, that the executive office shall conduct
a study on the severity of invasive weeds in the commonwealth's bodies of
natural water; provided further, that said study shall include, but not be
limited to the costs associated with full clean-up and eradication, a priority
list of projects, an analysis of future environmental concerns stemming from
invasive weeds, and plans for communities to prevent future growth of invasive
weeds; provided further, that the executive office shall also conduct a study
of the advantages and disadvantages of future maintenance of invasive weeds in
the state; and provided further, that the executive office shall report to the
general court the results and recommendations, if any, together with drafts of
legislation necessary to carry out recommendations into effect by filing the
same with the clerk of the house of representatives, the house and senate
committees on ways and means, and the joint committee on environment, natural
resources and agriculture on or before the last Wednesday of February 2006...................$8,700,000
Inland Fisheries and Game Fund.............................................................100.0%
2310-0306
For the hunter safety training program ..............................................................$444,327
Inland Fisheries and Game Fund ............................................................100.0%
2310-0316
For the purpose of land containing wildlife habitat
and for the costs of the division of fisheries and wildlife directly related to
the administration of the wildlands stamp program pursuant to sections 2A and
2C of chapter 131 of the General
Laws; provided, that funds shall not be expended from this item in the AA
object class for the compensation of state employees assigned to any item .......................................$2,000,000
Inland Fisheries and Game Fund.......................................................100.0%
2310-0317
For the waterfowl management program pursuant to
section 11 of chapter 131 of the General Laws.................$85,000
Inland Fisheries and Game Fund..........................................................100.0%
2320-0100
For the administration of the public access board,
including the maintenance, operation, and improvements of public access land
and water areas as authorized by section 17A of chapter 21 of the
General Laws; provided, that positions funded in this item shall not be subject
to chapter 31 of the General Laws..........................$598,758
2330-0100
For the operation of the division of marine fisheries,
including expenses of the Annisquam river marine research laboratory, marine
research programs, a commercial fisheries program, a shellfish management
program, including coastal area classification, mapping and technical
assistance, and for the operation of the Newburyport shellfish purification
plant and shellfish classification program; provided, that $300,000 shall be
expended on a recreational fisheries program to be reimbursed by federal funds;
provided further, that not less than $333,000 shall be expended for the
operation of the Newburyport shellfish purification plant and that plant shall
generate not less than $115,000 from purification fees; provided further, that
not less than $90,000 shall be expended for the joint operation of a shellfish
propagation program on Cape Cod between the division and the Barnstable County
Department of Health and Environment; provided further, that $50,000 shall be
expended for the Family Fishing Assistance Center in the city of New Bedford;
provided further, that $50,000 shall be expended for the Family Fishing
Assistance Center in the city of Gloucester; provided further, that the sum
expended for the School for Marine Science and Technology to help mitigate the
negative economic impact to the Massachusetts ports which has resulted from the
change in federal fisheries regulations in fiscal year 2006 shall not be
reduced from fiscal year 2005 except in proportion to adjustments consistent
with the department's budget adjustment; and provided further, that funds shall
be expended for the School for Marine Science and Technology for research to
minimize the economic impact of new fisheries management regulations and shall
not be reduced from fiscal year 2005 except in proportion to adjustments
consistent with the department's budget adjustment .................$4,010,725
2330-0120
For the division of marine fisheries for a program of
enhancement and development of marine recreational fishing and related programs
and activities, including the cost of equipment maintenance, staff and the
maintenance and updating of data...................$533,286
2330-0121
For the division of marine fisheries to utilize
reimbursable federal sportfish restoration funds to further develop marine
recreational fishing and related programs, including the costs of activities
that increase public access for marine recreational fishing, support research
on artificial reefs, and otherwise provide for the development of marine
recreational fishing; provided, that the division of marine fisheries may
expend revenues up to $217,989 collected from federal sportfish restoration
funds and from the sale of materials which promote marine recreational fishing...........$217,989
Department of Agricultural Resources
2511-0100
For the operation of the department of agricultural
resources, including the office of the commissioner, the expenses of the board
of agriculture, the division of dairy services, and the division of regulatory
services and animal health, including a program of laboratory services at the
University of Massachusetts at Amherst, the expenses of the pesticides board,
and the division of agricultural development and fairs; provided further, that
not less than $45,000 shall be expended for shellfish propagation on the
islands of Martha's Vineyard and Nantucket to be administered by the state
aquaculture coordinator and Dukes and Nantucket counties; provided further,
that $100,000 shall be expended for 4H activities from this item; provided
further, that funds may be expended for the Southeastern Massachusetts
Agricultural Partnership; provided further, that funds may be expended for
agricultural fair prizes and rehabilitation, including the expenses of the
agricultural lands board; provided further, that the department shall, to the
extent possible, encourage corporate sponsorships for the purposes of providing
agricultural fair prizes; and provided further, that funds may be expended for
implementation of the agricultural marketing strategic plan, including, but not
limited to, a "Buy Local" campaign and funding for agricultural business
training and technical assistance .................$3,877,692
2511-0105
For the purchase of supplemental foods for the
emergency food assistance program within the second harvest
nationally-certified food bank system of Massachusetts; provided, that the
funds appropriated herein shall be expended for food to be distributed by the
greater Boston food bank as follows: 73.5
per cent to the greater Boston food bank, including a portion to be distributed
to the Merrimack Valley food bank under a contractual agreement between the
food bank and the greater Boston food bank, 15.2 per cent to the food bank of
western Massachusetts, and 11.3 per cent to the Worcester county food bank; and provided further, that the
department is authorized to assess an administrative charge not to exceed 2 per cent of the total appropriation herein......$6,500,000
2511-3002
For the Integrated Pest Management program..........................$200,000
Department of Conservation and Recreation.
2800-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the operation of the department of conservation
and recreation; provided, that said department shall enter into an interagency
service agreement with the department of state police to provide police
coverage on department of conservation and recreation properties and parkways;
provided further, that not less than $100,000 shall be expended within thirty
days of receipt of said funds, for the maintenance of the facility and animal
upkeep of the mounted unit in the Blue Hills Reservation, which are not subject
to said reimbursement to the department; provided further, that the department
of state police shall reimburse said department of conservation and recreation
for costs incurred by said department including, but not limited to vehicle
maintenance and repairs, the operation of department of state police buildings
and other related costs; provided further, that notwithstanding the provisions
of any general or special law to the contrary, all offices and positions of the
division performing construction activities for the department of conservation
and recreation shall be subject to classification under sections 45 to 50,
inclusive, of chapter 30 of the
General Laws; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the department is hereby authorized and directed
to establish or renegotiate fees, licenses, permits, rents and leases, and to
adjust or develop other revenue sources to fund the maintenance, operation, and
administration of said department; provided further, that an annual report
shall be submitted to the house and senate committees on ways and means
regarding fee adjustments not later than February 14, 2006; provided further,
that notwithstanding the provisions of any general or special law or
administrative bulletin to the contrary, the department shall not pay any fees
charged for the leasing or maintenance of vehicles to the operational services
division; provided further, that the department shall, in collaboration with
the department of environmental protection and the department of fish and game,
establish and maintain a comprehensive inventory of all dams in Massachusetts,
and develop a coordinated permitting and regulatory approach to dam removal for
stream restoration and public safety; provided further, that no funds shall be
expended from this item for personnel overtime costs; provided further, that
any employee paid from this item as of August 1, 2004, that was included in the
report required from said item in chapter 149 of the acts of 2004, and any employees assigned to that item after
August 1, 2004, shall not be paid from any other item of appropriation;
provided further, that the department of conservation and recreation shall
provide the house and senate committees on ways and means with a 30 day notice
before any inter subsidiary transfers or interagency service agreements and the
reason for said transfer; provided further, that no funds shall be expended for
deputy commissioner positions; provided further, that no funds shall be
expended for deputy associate commissioners; provided further, that the
department shall maintain and retain all operations, programs, real property
and employees related to the Connecticut River Action Program to promote the
conservation and protection of the unique natural resources present in the
Connecticut river valley; provided further, that the department of conservation
and recreation shall file a report with the house and senate committees on ways
and means not later than October 6, 2005 detailing the merger of the former
metropolitan district commission with the former department of environmental
management into the department of conservation and recreation; provided
further, that said report shall include, but not be limited to, the following: (1) the names, salaries, designated by fiscal year,
and the positions of all full time equivalent, personnel that were scheduled to
be paid out of item 2800-0100 as of September 1, 2003, March 1, 2004, August 1,
2004, March 1, 2005 and August 1, 2005, (2) the job descriptions, employee
name, current job title, and the item of appropriation said employees were
assigned to in fiscal years 2002 and 2003 and the item of appropriation that
they are currently funded from, (3) a list by object class and object code of
all expenditures or allocations from items of appropriations under the
executive office of environmental affairs in fiscal years 2004 and 2005 on the
commonwealth development coordinating council, (4) a list of all deputy
commissioners and deputy associate commissioners, their annual salaries and
their duties, (5) the number of full time equivalent positions, that have been
eliminated due to said merger, including the name, position, annual salary and
documentation that said employee is no longer employed by the department
because their position had been eliminated by the merger, (6) any efficiencies
that have been achieved from said merger, including a list of internal support
services such as finance, human resources, planning, engineering, and
management, (7) a list of the staff that were reassigned or terminated because
of the merger, (8) details of how the management staff have been reassigned and
how they have adopted to said merger, (9) a list of all duplicative efforts and
inefficient systems that have been eliminated, (10) a list of any resources
that have been shared such as vehicles, heavy equipment, and computer systems,
(11) a list of any other efficiencies that have been achieved because of the
merger; provided further, that said secretary shall file a report on the number
of employees funded through capital authorizations with the house and senate
committees on ways and means not later than October 6, 2005, that shall
include, but not be limited to, the following: (1) the number of full time
equivalent positions delineated by fiscal year, item of appropriation and
position number, job title and job code for that have been funded from capital
authorizations for fiscal years 2001 to 2006 inclusive, for every item of
appropriation under control of said secretary, (2) every program that has been
funded from capital authorizations for fiscal years 2001 to 2006 inclusive
delineated by fiscal year, program and item of appropriation and, (3) detail
every full time equivalent, so-called and program that has been moved to
capital authorizations since fiscal year 2001; and provided further, that
notwithstanding any general or special law to the contrary, the department shall
enter into a maintenance contract with a suitable vendor for the purposes of
daily trash removal on Revere Beach from May 30, 2005, to September 5, 2005,
inclusive, and said maintenance contract shall be funded through proceeds
received by the city of Revere and the department of conservation and
recreation pursuant to section 29
of chapter 236 of the acts of 2002
and section 2 of this act....................$5,477,272
2800-0101
For the watershed management program to operate and
maintain reservoirs, watershed lands and related infrastructure of the
department and the office of water resources in the department of conservation
and recreation; provided, that $500,000 shall be paid to the town of Clinton,
under section 8 of chapter 307 of the acts of 1987, to compensate for the use of
certain land; provided further, that the amount of the payment shall be charged
to the General Fund and shall not be included in the amount of the annual
determination of fiscal year charges to the Massachusetts Water Resources
Authority assessed to the authority under section 113 of chapter 92 of the General Laws; provided further, that $25,000 shall be
expended for non-native plant management on Field Pond in Harold Parker State
Forest in the town of Andover; provided further, that $48,000 shall be expended
for the flood control activities undertaken by the Thames River Valley
communities of Massachusetts in conjunction with the state of Connecticut;
provided further, that $40,000 shall be expended for aquatic weed control
treatments in the Upper Mystic Lake; provided further, that not less than
$250,000 shall be expended for a comprehensive study, including a management
plan, for the entire Taunton River watershed, in accordance with the executive
office of environmental affairs "Proposal for Watershed Work Affecting
Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater
Discharges", dated February 11, 2003, to be conducted, in partnership, by
the Old Colony Planning Council, the Southeastern Regional Planning & Economic Development District and the Watershed Access Lab at Bridgewater State
College; provided further, that not less than $100,000 shall be expended for a
grant to the town of Hopkinton for a detailed investigation of North Pond
Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton to
determine the extent of seismic testing necessary at said facility and to
perform such seismic testing for liquefaction or other seismotectonic testing
as may be recommended by said investigation; and provided further, that the
department shall develop and implement a written plan to protect and manage the
Plymouth-Carver sole source aquifer in consultation with Plymouth, Carver,
Wareham, Plympton, Bourne, Middleborough and Kingston...............................$1,808,615
2800-0200
For the operation of the Commonwealth Zoological
Corporation pursuant to chapter 92B
of the General Laws; provided, that $50,000 shall be expended for the
Buttonwood Park Zoo; provided further, that $50,000 shall be expended for the
Forest Park Zoo; provided further, that funds appropriated in this item shall
be expended for the purposes of promoting private fundraising, achieving
self-sufficiency and serving as a catalyst for urban economic development and
job opportunities for local residents; provided further, that the corporation
shall take all steps necessary to increase the amount of private funding
available for the operation of the zoos; provided further, that the corporation
shall report to the house and senate committees on ways and means not later
than February 1, 2006 on the status of, and amounts collected from, the private
fundraising and enhanced revenue efforts identified in the draft Massachusetts
Zoos Business and Operations Plan, dated December, 1996; and provided further,
that the corporation shall continue to provide free services and supplies
including, but not limited to, routine animal check-ups, diagnosis and care,
emergency veterinary needs, medications and medical supplies, vitamins and diet
supplements and Zoo Prem feline diet, to the Trailside Museum and the
Chickatawbut Hill Center in the town of Milton..............................$6,050,000
2800-0401
For a program to provide stormwater management for all
properties and roadways under the care, custody and control of the department
of conservation and recreation; provided, that the department shall develop and
implement a stormwater management program in compliance with federal and state
stormwater management requirements; provided further, that the department shall
inventory all existing stormwater infrastructure, assess its current stormwater
practices, analyze long term capital and operational needs, and develop a
stormwater management plan to comply with federal and state regulatory
requirements; and provided further, that in order to protect public safety and
to protect water resources for water supply, recreational and ecosystem uses,
the department will immediately implement interim stormwater management
practices including but not limited to street sweeping, inspection and cleaning
of catch basins, and emergency repairs to roadway drainage........................................$500,000
2800-0500
For the freshwater and saltwater beaches under the
control of the department of conservation and recreation; provided, that all
beaches shall remain open and staffed from Memorial Day through Labor Day; provided further, that the beaches shall have
their full amount of required maintenance and upkeep; provided further, that
the department shall file a report with the house and senate committees on ways
and means not later than November 1, 2005 that shall include, but not be
limited to, the following: (1) the
amount of funding provided to every beach under the control of the department
in fiscal years 2004 and 2005; (2) a breakdown of how the funds were spent for
every beach and the services that were provided; (3) the items of appropriation
used to provide funding; (4) the amount of funding to be provided for every
beach in fiscal year 2006 from this item; and (5) a list of the services or
materials for each beach that will be provided from this item; provided
further, that not less than $35,000 shall be expended for the cleanup of Pilayella
algae on the Nahant Beach Reservation; and provided further, that not less than
$250,000 shall be appropriated to the Middlesex Canal Commission.............$1,035,000
2800-0600
For the pools and spray pools under the control of the
department of conservation and recreation; provided, that all pools and spray
pools shall remain open and staffed from Memorial Day through Labor Day; provided further, that the pools and spray
pools shall have their full amount of required maintenance and upkeep; and
provided further, that the department shall file a report with the house and
senate committees on ways and means not later than November 1, 2005 that shall
include, but not be limited to, the following: (1) the amount of funding provided to every pool under
the control of the department in fiscal years 2004 and 2005; (2) a breakdown of
how the funds were spent for every pool and the services that were provided;
(3) the items of appropriation used to provide funding; (4) the amount of
funding to be provided for every pool in fiscal year 2006 from this item; and
(5) a list of the services or materials for each pool that will be provided
from this item..................................................$750,000
2800-9004
For certain payments for the maintenance and use of
the Trailside Museum and the Chickatawbut Hill center...........$375,000
2810-0100
For the operations of the division of state parks and
recreation; provided, that funds appropriated in this item shall be used to
operate all of the division's parks, heritage state parks, reservations,
campgrounds, beaches and pools and for the oversight of rinks, to protect and
manage the division's lands and natural resources including the forest and
parks conservation services and the bureau of forestry development; provided
further, that no funds from this item shall be made available for payment to
true seasonal employees; provided further, that the department may issue grants
to public and nonpublic entities from this item; provided further, that $100,000 shall be
expended for the Schooner Ernestina Commission; provided further, that $25,000
shall be expended for a grant to the Sutton Fire and Rescue department for park
user safety equipment at the Purgatory Chasm State Reservation in the town of
Sutton; and provided further, that the level of funding for the beaches and pools
from this item in fiscal year 2006 shall not be reduced from fiscal year 2005......................$19,103,810
2810-0200
For summer employment programs at department of
conservation and recreation facilities; provided, that the programs shall
include peer-led youth recreation and interpretive programs, a youth all-star
band, and a park repair and improvement program by skilled and unskilled
laborers; and provided further, that the programs shall provide opportunities
for underprivileged populations, especially in economic development areas....................$2,000,000
2810-2000
For the seasonal hires of the division of state parks
and recreation, including hires for the forest fire control unit; provided,
that no funds from this item shall be expended for year-round seasonal
employees; provided further, that seasonal employees who are hired prior to the
second Sunday before Memorial Day and whose employment continues beyond the
Saturday following Labor Day and who received health insurance benefits in
fiscal year 2005 shall continue to receive such benefits in fiscal year 2006
during the period of their seasonal employment; provided further, that no
expenditures shall be made from the amount appropriated other than for those
purposes identified in this item; provided further, that notwithstanding
section 1 of chapter 31 of the General Laws, seasonal positions funded by
this item are positions requiring the services of an incumbent, on either a
full-time or less than full-time basis beginning not earlier than April 1 and
ending not later than November 30, or beginning not earlier than September 1
and ending not later than April 30; and provided further, that notwithstanding
said section 1 of said chapter 31, seasonal positions funded by this item shall not
be filled by an incumbent for more than 8 months within a 12-month period.........................$5,567,735
2810-2040
The division of state parks and recreation may expend
not more than $4,454,826 from revenue
collected from fees charged by the division, including revenues collected from
campsite reservation transactions from the automated campground reservation and
registration program for additional expenses, upkeep and improvements to the
parks and recreation system and for the personnel costs of seasonal employees;
provided, that no funds from this item shall be expended for the costs of
full-time equivalent personnel; provided further, that for the purpose of
accommodating timing discrepancies between the receipt of retained revenues and
related expenditures, the division may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate therefor as reported in the state accounting
system; provided further, that no expenditures made in advance of the receipts
shall be permitted to exceed 75 per cent of the amount of revenues projected by
the first quarterly statement required by section 1B; provided further, that the comptroller shall
notify house and senate committees on ways and means at the time subsequent
quarterly statements are published of the variance between actual and projected
receipts in each such quarter and the implications of that variance for
expenditures made; and provided further, that the division may issue grants to
public and nonpublic entities from this item...................................$4,454,826
2820-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the administration, operation and maintenance of
the division of urban parks and recreation, including for the maintenance,
operation and related costs of the parkways, boulevards, roadways, bridges and
related appurtenances under the care, custody and control of the division,
flood control activities of the division, purchase of all necessary supplies
and related equipment, and the civilianization of crossing guards located at
division intersections where state police previously performed such duties;
provided, that the parkways, boulevards, roadways, bridges and related
appurtenances under the care and custody of the metropolitan district
commission in fiscal year 2003 shall remain solely under the jurisdiction,
custody and care of the division of urban parks and recreation; provided
further, that no funds from this item shall be made available for payment to
true seasonal employees; provided further, that not less than $3,902 shall be
expended on additional school crossing guards for the corner of Mystic avenue
and Shore drive in the city of Somerville; provided further, that the school
crossing guards for the corner of Mystic avenue and Shore drive in the city of
Somerville shall be named the Senator Charles E. Shannon Crossing Guard Corps; provided
further, that not less than $380,000 shall be expended for the purposes of
installing lighting at the Stadium at Dilboy field along state highway route 16
in the city of Somerville, pursuant to the construction and renovation project
authorized by chapter 352 of the
acts of 2004; provided further, that
$45,000 shall be expended on the maintenance of Red Rock park on Lynn Shore
drive, in the city of Lynn; provided further, that $60,000 shall be expended
for funding of current employees of the bureau of forest fire control under
their new reclassification firefighter services; provided further, that
$225,000 shall be expended for maintenance and infrastructure repair of the
southwest corridor park; provided further, that $50,000 shall be expended for
flood mitigation at Fellsmere pond; provided further, that not less than
$50,000 shall be expended for the purposes of trash removal on Revere beach
between May 30th and September 5th, which shall match proceeds generated
pursuant to section 29 of chapter 236 of the acts of 2002; provided further, that
$297,000 shall be expended for the James Michael Curley Recreation Center in
the city of Boston;; provided further, that $40,000 shall be provided for a
traffic study administered by the commissioner of the department of
conservation and recreation shall be commissioned to improve public safety
along Nonantum road and adjacent parklands, including developing alternatives
for narrowing the parkway cross-section, alternatives for safety improvements
at the intersections of Charlesbank road and Maple street, alternatives for
landscape, pathway, lighting, and drainage improvements, and a schedule and
cost estimate for the design and construction of the recommendation; provided
further, that the commissioner shall report progress to the Stewardship Council
at each meeting until the study reaches completion; provided further, that the
commissioner shall ensure public input through two public hearings held in
Newton and Watertown during the study - one prior to the initial
recommendation, one after release of the initial recommendation but prior to
the final recommendation; provided further, that the commissioner shall ensure
public awareness by publishing quarterly progress reports on the department of
conservation and recreation website's press release section; and provided
further, that upon completion of the study, the commissioner shall deliver the
recommendation of the study along with a report addressing public opinion not
reflected in the recommendation to the Stewardship Council provided further,
that the commissioner shall develop a capital project plan to enact the
recommendation of the traffic study, including design and implementation; provided further, that $95,000 shall be allocated for a private contractor to
maintain the department of conservation and recreation Lynn Shore Drive
facility; provided further, that the commissioner shall submit this plan for
the next fiscal year budget following the completion of the traffic study;
provided further, that $250,000 shall be expended for the creation and
maintenance of a linked trail system for local and state parks along the Back
River in the towns of Weymouth and Hingham to complete the project created in
chapter 149 of the acts of 2004;
provided further, that not less than $250,000 shall be expended for Camp Meigs
located in the Readville section of the city of Boston; provided further, that
not less than $250,000 shall be expended for a study on the Neponset river
master plan; provided further, that the level of funding for the beaches and
pools from this item in fiscal year 2006 shall not be reduced from fiscal year
2005......................$23,608,929
2820-0101
For the costs associated with the department's urban
park rangers specific to the security of the state house; provided, that the
commissioner shall collaborate and coordinate with the legislature's joint
committee on rules on the development of a plan of security for the state house
and shall file the report to the house and senate committees on ways and means
not later than December 15, 2005; and provided further, that funds appropriated
in this item shall only be expended for the costs of security and urban park
rangers at the state house....................$1,750,000
2820-0200
For seasonal hires of the division of urban parks and
recreation; provided, that no funds in this item shall be used for year-round
seasonals; provided further, that notwithstanding section 1 of chapter 31
of the General Laws, seasonal positions funded by this item are positions
requiring the services of an incumbent, on either a full-time or less than
full-time basis beginning not earlier than April 1 and ending not later than
November 30, or beginning not earlier than September 1 and ending not later
than April 30; and provided further, that notwithstanding said section 1 of said
chapter 31, seasonal
positions funded by this item shall not be filled by an incumbent for more than
8 months within a 12-month period..................$2,991,820
2820-1000
The division of urban parks and recreation may expend
not more than $200,000 from revenue collected pursuant to section 34B of chapter 92 of the General Laws........................$200,000
2820-1001
The division of urban parks and recreation may expend
not more than $50,000 from revenue collected for the operation and maintenance
of the division's telecommunications system from revenues received from the
Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority,
the department of highways central artery/Ted Williams tunnel project, the
department of state police and quasi-public and private entities through a
system of user fees and other charges established by the commissioner of
conservation and recreation; provided, that nothing in this item shall impair
or diminish the rights of access and utilization of all current users of the
system under agreements previously entered into; and provided further, that
this item may be reimbursed by political subdivisions of the commonwealth and
private entities for direct and indirect costs expended by the division to
maintain the telecommunications system.....................$50,000
2820-2000
For the expenses of maintaining the parkways within
the division of urban parks and recreation, including the costs of personnel
and snow and ice removal expenses; provided, that the department of
conservation and recreation shall take all measures to ensure that the
department's snow and ice control efforts are efficient and cost effective; provided
further, that the secretary of environmental affairs shall submit to the house
and senate committees on post audit and oversight and the house and senate
committees on ways and means a report detailing a snow emergency plan for
roads, bridges and sidewalks under the care of the department of conservation
and recreation by October 1, 2005; provided further, that the secretary of
environmental affairs shall submit to the house and senate committees on post
audit and oversight and the house and senate committees on ways and means a
report not later than September 1, 2005 which shall include, but not be limited
to, the following: (a) a list of
amounts paid from state appropriations for snow and ice control efforts for
fiscal years 1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005, and (b) any
other information that said secretary determines is necessary to account for
and explain the extraordinary expenditure of state appropriations for the
control and removal of snow and ice......................................................$1,547,434
2820-3001
The division of urban parks and recreation may expend
not more than $1,000,000 from revenue collected from skating rink fees and
rentals for the operation and maintenance, including personnel costs, of 4
rinks between September 1, 2005 and April 30, 2006 for an expanded and extended
rink season; provided, that when assigning time for the use of its rinks, the
division shall give priority to those which qualify under applicable state and
federal law as nonprofit organizations or as a public school.............................................$1,000,000
2820-4420
For the operation and maintenance of the Ponkapoag
golf course; provided, that the division of urban parks and recreation may
expend not more than $1,100,000 from revenue collected from fees generated by
the golf course; provided further, that for the purposes of accommodating
discrepancies between the receipt of retained revenue and related expenditures,
the division may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent
revenue estimate as reported in the state accounting system; and provided
further, notwithstanding section 1
of chapter 31 of the General Laws,
seasonal positions funded by this account are positions requiring the services
of an incumbent, on either a full-time or less than a full-time basis beginning
not earlier than April 1 and ending not later than November 30.................$1,100,000
2820-4421
For the operation and maintenance of the Leo J. Martin golf course; provided, that the
division of urban parks and recreation may expend not more than $700,000 from revenue collected from fees
generated by the golf course; provided further, that for the purposes of
accommodating discrepancies between the receipt of retained revenue and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most recent
revenue estimate as reported in the state accounting system; and provided
further, notwithstanding section 1
of chapter 31 of the General Laws,
seasonal positions funded by this account shall be positions requiring the
services of an incumbent, on either a full-time or less than a full-time basis
beginning not earlier than April 1 and ending not later than November 30.................$700,000
2820-9005
For the operation of street lighting on the division
of urban parks and recreation parkways; provided, that no expenditure shall be
made other than in the GG object class; provided further, that the department
of conservation and recreation shall take all measures to further ensure that
said department's street lighting efforts are efficient and cost effective;
provided further, that said department shall implement a plan to achieve
efficiencies and reduce said lighting costs; and provided further, that said
department shall file a report with the house and senate committees on ways and
means not later than September 1, 2005 on measures taken to ensure efficiency
and cost effectiveness of their street lighting program that shall include, but
not be limited to, the following: (1)
all efforts taken by said department to reduce street lighting costs in fiscal
years 2002, 2003, 2004 and 2005, and (2) efforts to reduce the amount paid for
electricity through bulk purchasing agreements, (3) a long range plan on energy
savings initiatives...................$2,606,651
Department of Early Education and Care
3000-1000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For the administration of the department of early
education and care and the costs of field operations and licensing provided
through the department; provided, that funds from this item shall be expended
to develop an implementation plan for a workforce development system in
collaboration with the board and chancellor of higher education, pursuant to
section 5 of chapter 15D of the General Laws; provided further, that funds
from this item shall be expended on the development and piloting of a
kindergarten readiness assessment system that is educationally sound; provided
further, that funds from this item shall be expended on the development of a
comprehensive evaluation system for all early education and care programs in
the commonwealth; provided further, that, not later than November 30, 2005,
the department shall report to the
secretary of administration and finance, the chairpersons of the joint
committee on education, and the chairpersons of the house and senate ways and
means committee on the information technology needs of the department,
including the cost of a comprehensive database of early childhood educators and
providers for the purpose of enhancing the workforce development system, and a
database of children both waiting for and receiving early education and care
services which is compatible with the SIMS database, and any other relevant
database at the department of education or the executive office of health and
human services; provided further, that the report shall also include an
analysis of the costs associated with the development of a comprehensive and
scientifically valid longitudinal study of the effectiveness of various early
education and care programs and services, including but not limited to,
comprehensive and consistent pre-school services provided to children from the
age of two years and nine months through entrance into kindergarten; provided
further, that the department shall report quarterly to the joint committee on
education, the joint committee on children and families, the house and senate
committees on ways and means, and the secretary of administration and finance
on the unduplicated number of children on waiting lists for state-subsidized
early education and care programs and services; provided further, that
notwithstanding chapter 66A of the
General Laws to the contrary, the department of early education and care, the
lead agencies of community partnership councils, the child care resource and
referral agencies, the department of education, the department of transitional
assistance, the department of social services, and the department of public health
may share with each other personal data regarding the parents and children who
receive services provided under early education and care programs administered
by the commonwealth for waitlist management, program implementation and
evaluation, reporting, and policy development purposes; provided further, that
the commissioner of the department of early education and care may transfer
funds between items 3000-1000, 3000-2000, 3000-4000, 3000-4050, 3000-5000,
3000-7050, 3000-7060, and 3000-7070, as necessary, pursuant to an allocation
plan, which shall detail by object class the distribution of the funds to be
transferred and which the commissioner shall file with the house and senate
committees on ways and means 15 days prior to any such transfer; provided
further, that no more than 5 percent of any item may be transferred in fiscal
year 2006; and provided further, that the department shall consult with the
department of education and the executive office of health and human services
to ensure continuity in the grant process............$9,570,077
3000-2000
For the regional administration of early education and
care programs and services and related early education and care activities;
provided, that the activities shall include, but not be limited to, voucher
management, regional child care provider training, resource and referral for
children with disabilities in child care programs, community-based programs
that provide direct services to parents and coordination of waiting lists for
state-subsidized child care; provided further, that the department shall
administer the child care resource and referral system through the regional
offices funded in this item; provided further, that the regional offices shall
collaborate with the board and commissioner of early education and care to
produce the workforce development plan required under section 5 of chapter 15D
of the General Laws; and provided further, that not later than February 15,
2006, the department shall issue a report to the secretary of administration
and finance, the chairpersons of the house and senate committees on ways and
means, the house and senate chairpersons of the education committee, and the
house and senate chairpersons of the joint committee on children and families,
detailing the budgets of each regional office, with a breakdown, by regional
office, of the amounts spent on administration, voucher and contract
management, data and technology purchase to support the data analysis being
done by said offices, professional and workforce development, and such other
categories of expenditure as the commissioner may feel are appropriate............$10,263,252
3000-2050
For the administration of the Children's Trust Fund;
provided, that notwithstanding any general or special law to the contrary, the
department of early education and care shall collaborate with Children's Trust
Fund on the implementation of section 202
of chapter 6 of the General Laws,
but shall not exercise any supervision or control with respect to the board.....................$882,307
3000-3050
For supportive child care associated with the family
stabilization program; provided, that, notwithstanding the provisions of any
general or s