Chapter 182 of the Acts of 2008

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2009 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS.

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, 2008, and to make certain changes in law, 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, 2009.  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.

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the Constitution of the Commonwealth and section 6D of chapter 29 of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June 30, 2009 are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for said fiscal year as set forth and authorized in sections 2 and 2B. The comptroller shall keep a distinct account of actual receipts from each such source by each such fund 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 the projected receipts set forth herein and to include a full statement comparing such actual and projected receipts in the annual report for said fiscal year pursuant to section 13 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.

SECTION 2.

JUDICIARY.
Supreme Judicial Court.

0320-0003.. For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices......... $8,294,996

The Governor has reduced the following item by $53,554
The Legislature overrode the Governor's veto.
0320-0010.. For the operation of the clerk’s office of the supreme judicial court for Suffolk county..................................... $1,283,205

0321-0001.. For the operation of the commission on judicial  conduct  $574,398

0321-0100.. For the services of the board of bar examiners......... $1,108,593

Committee for Public Counsel Services.

The Governor has reduced the following item by $458,465
The Legislature overrode the Governor's veto.
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 and the house and senate committees on ways and means, no later than January 30, 2009 , that shall include, but not be limited to, the following:  (a) the number of clients assisted by the committee in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population and cost; (c) the total number of persons who received legal services by the committee, by type of case and geographic location; (d) the costs for services rendered per client, by type of case and geographic location; (e) the amount paid, if any, to the committee by clients for services rendered by type of case and geographic location; (f) the average cost for services rendered by the committee by type of case; and (g) the average number of hours spent per attorney or staff per type of case; provided further, that the committee shall submit a report to the house and senate committees on ways and means no later than January 30, 2009 , on the progress of the public defender division; and provided further, that said report shall include the following: (a) the number of offices that are in operation; (b) the number of staff hired to work in the district offices; and (c) the estimated savings the commonwealth has realized from having cases assigned to public defenders as opposed to being assigned to private bar advocates............... $29,294,603

0321-1510.. For compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 11 of said chapter 211D; provided, that not more than $2,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2009 $140,345,728

0321-1518.. The chief counsel for the committee for public services may expend an amount not to exceed $750,000 from revenues collected from fees charged for attorney representation of indigent clients.......... $750,000

0321-1520.. For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2009...................................................... $11,456,513

0321-1600.. For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that notwithstanding section 9 of chapter 221A of the General Laws, $1,370,801 shall be expended for the disability benefits project, $618,742 shall be expended for the Medicare Advocacy Project, and $2,834,024 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 no later than January 30, 2009 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............... $11,070,424

0321-2000.. For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, established pursuant to section 34E of chapter 221 of the General Laws........... $813,797

The Governor has reduced the following item by $145,824
The Legislature overrode the Governor's veto.
0321-2100.. For the Massachusetts correctional legal services committee $985,824

The Governor has reduced the following item by $100,000
The Legislature overrode the Governor's veto.
0321-2205.. For the expenses of the social law library located in Suffolk county....................................................... $2,229,671

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...................................................... $11,614,873

Trial Court.

0330-0101.. For the salaries of the justices of the superior court department of the trial court........................................... $10,956,826

0330-0102.. For the salaries of the justices of the district court department of the trial court........................................... $21,119,998

0330-0103.. For the salaries of the justices of the probate and family court department of the trial court.......................... $6,823,471

0330-0104.. For the salaries of the justices of the land court department of the trial court.............................................. $941,374

0330-0105.. For the salaries of the justices of the Boston municipal court department of the trial court.......................... $4,016,127

0330-0106.. For the salaries of the justices of the housing court department of the trial court............................................ $1,342,434

0330-0107.. For the salaries of the justices of the juvenile court department of the trial court............................................ $5,452,834

0330-0300.. For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreement, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rental and leases, operation of courthouse facilities, rental of county court facilities, witness fees, printing expenses, equipment maintenance and repairs, court interpreter program, and insurance and chargeback costs; provided, that funds may be expended for the judicial training institute; provided further, that 50 per cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that notwithstanding section 9A of chapter 30, or any other general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any such veteran, who holds a trial court office or position in the service of the commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed term or an office or position under section 7 of chapter 30, and who: (1) has held the office or position for not less than 1 year; and (2) has 30 years of total creditable service to the commonwealth, as defined in chapter 32; provided further, that not less than $100,000 shall be expended for the changing lives through literature program; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that the report shall include, but not be limited to, the number of cases in which the assessment was reduced or waived by a judge or clerk-magistrate within the courts; and provided further, that the report shall be submitted to the victim and witness assistance board on or before January 12, 2009.............................. $135,665,342

0330-0317.. For the operation and expenses of the Massachusetts sentencing commission, pursuant to chapter 211E of the General Laws. $246,380

0330-0410 . For alternative dispute resolution services for the trial court; provided, that the services shall be made available, to the extent possible, in connection with child care, protection and custody proceedings in juvenile and probate courts; provided further, that not less than $75,000 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield; provided further, that not less than $60,000 shall be expended for Mediation Services of North Central Massachusetts, Inc.; provided further, that not less than $65,000 shall be expended for the North Shore Community Mediation Program in Salem; provided further, that not less than $65,000 shall be expended for Metropolitan Mediation Services operated by the Brookline Community Mental Health Center; provided further, that not less than $62,811 shall be expended for Mediation Works, Inc; provided further, that not less than $50,000 shall be expended for Quabbin Mediation in Athol; provided further, that not less than $50,000 shall be expended for the Mediation and Training Collaborative of Franklin County in Greenfield; provided further, that not less than $65,000 shall be expended for Framingham Court Mediation Services; provided further, that not less than $60,000 shall be expended for the Cape Cod Dispute Resolution Center; provided further, that not less than $65,000 shall be expended for the Community Dispute Settlement Center, Inc., of Cambridge; provided further, that not less than $50,000 shall be expended for the Greater Brockton Center for Dispute Resolution; provided further, that not less than $48,031 shall be expended for the Somerville Mediation Program; provided further, that not less than $65,000 shall be expended for the Middlesex Multi-door Court House Program; provided further, that not less than $40,000 shall be expended for the Martha’s Vineyard Mediation Program; provided further, that not less than $60,000 shall be expended for Dispute Resolution Services, Inc. in the city of Springfield; and provided further, that not less than $50,000 shall be expended for Community Mediation of Worcester................................... $962,768

0330-0441.. For permanency mediation services in the probate and juvenile courts......................................................... $540,000

The Governor has reduced the following item by $859,469
The Legislature overrode the Governor's veto.
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 30, 2009 , detailing the number of court officers, per diem court officers and security personnel located in each trial court of the commonwealth................................... $66,111,070

0330-3333.. For the chief justice for administration and management; provided, that the chief justice may expend an amount not to exceed $20,000,000 from fees charged and collected pursuant to section 3 of chapter 90C, chapter 185, section 22 of chapter 218 and sections 2, 4A, 4C, 39 and 40 of chapter 262 of the General Laws; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made; provided further, that a schedule detailing the full allotment of said $20,000,000 shall be submitted to the house and senate committees on ways and means not later than February 2, 2009 ; provided further, that the only revenue available for expenditure in this item for fiscal year 2009 shall be revenue collected from the fees in excess of the amount collected and deposited into the General Fund in fiscal year 2003 from the fees; provided further, that no allocation shall occur until the schedules have been approved by the committees; provided further, that the fees shall continue to be transmitted to the treasurer for deposit into the General Fund before the expenditure authorized by this item; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of one half of this authorization or the most recent revenue estimate therefor, as reported in the state accounting system................................................ $20,000,000

0330-3334.. For the chief justice for administration and management; provided, that the chief justice may expend an amount not to exceed $23,000,000 from fees charged and collected pursuant to section 87A of chapter 276 of the General Laws; provided further, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made; provided further, that a schedule detailing the full allotment of said $23,000,000 shall be submitted to the house and senate committees on ways and means not later than February 2, 2009 ; 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............... $23,000,000

The Governor has reduced the following item by $2,768,854
The Legislature overrode the Governor's veto.
0330-3337.. For additional expenses associated with the operation of the trial court; provided, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made.................................. $21,223,059

Superior Court Department.

0331-0100.. For the administrative office of the superior court department $6,474,623

0331-0300.. For medical malpractice tribunals established in accordance with the provisions of section 60B of chapter 231 of the General Laws $61,471

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... $808,271

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... $208,833

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... $889,852

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... $166,327

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. $1,500,416

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... $405,966

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. $1,510,814

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... $321,497

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. $3,349,474

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... $140,162

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. $1,229,585

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. $1,127,215

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 $3,081,929

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 $1,959,336

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. $1,109,510

District Court Department.

0332-0100.. For the administrative office of the district court department, including a civil conciliation program................... $951,104

0332-1100.. For the first district court of Barnstable............... $594,883

0332-1200.. For the second district court of Barnstable at Orleans .. $427,513

0332-1203.. For the third district court of Barnstable at Falmouth .. $427,125

0332-1300.. For the district court of northern Berkshire at Adams , North Adams and Williamstown............................................. $301,844

0332-1400.. For the district court of central Berkshire at Pittsfield $465,156

0332-1500.. For the district court of southern Berkshire at Great Barrington and Lee......................................................... $257,272

0332-1600.. For the first district court of Bristol at Taunton ...... $782,962

0332-1700.. For the second district court of Bristol at Fall River .. $971,218

0332-1800.. For the third district court of Bristol at New Bedford $1,048,919

0332-1900.. For the fourth district court of Bristol at Attleboro ... $647,070

0332-2000.. For the district court of Edgartown...................... $187,342

0332-2100.. For the first district court of Essex at Salem ........... $774,695

0332-2300.. For the third district court of Essex at Ipswich ......... $219,418

0332-2400.. For the central district court of northern Essex at Haverhill $659,311

0332-2500.. For the district court of eastern Essex at Gloucester .... $330,874

0332-2600.. For the district court of Lawrence ..................... $1,213,889

0332-2700.. For the district court of southern Essex at Lynn ......... $893,946

0332-2800.. For the district court of Newburyport .................... $544,895

0332-2900.. For the district court of Peabody ........................ $556,522

0332-3000.. For the district court of Greenfield ..................... $379,044

0332-3100.. For the district court of Orange ......................... $311,520

0332-3200.. For the district court of Chicopee ....................... $464,004

0332-3300.. For the district court of Holyoke ........................ $485,820

0332-3400.. For the district court of eastern Hampden at Palmer...... $334,248

0332-3500.. For the district court of Springfield .................. $1,891,379

0332-3600.. For the district court of western Hampden at Westfield ... $319,072

0332-3700.. For the district court of Hampshire at Northampton ....... $686,121

0332-3800.. For the district court of eastern Hampshire at Belchertown $183,590

0332-3900.. For the district court of Lowell ....................... $1,336,300

0332-4000.. For the district court of Somerville ................... $1,251,585

0332-4100.. For the district court of Newton ......................... $406,179

0332-4200.. For the district court of Marlborough .................... $538,054

0332-4300.. For the district court of Natick ......................... $464,004

0332-4400.. For the first district court of eastern Middlesex at Malden $636,796

0332-4500.. For the second district court of eastern Middlesex at Waltham $540,860

0332-4600.. For the third district court of eastern Middlesex at Cambridge ....................................................... $1,355,914

0332-4700.. For the fourth district court of eastern Middlesex at Woburn $748,334

0332-4800.. For the first district court of northern Middlesex at Ayer $408,513

0332-4900.. For the first district court of southern Middlesex at Framingham $857,991

0332-5000.. For the district court of central Middlesex at Concord .. $519,363

0332-5100.. For the district court of Nantucket ...................... $133,383

0332-5200.. For the district court of northern Norfolk at Dedham ..... $614,869

0332-5300.. For the district court of East Norfolk at Quincy ....... $1,735,462

0332-5400.. For the district court of western Norfolk at Wrentham.... $517,430

0332-5500.. For the district court of southern Norfolk at   Stoughton $670,183

0332-5600.. For the municipal court of Brookline..................... $382,711

0332-5700.. For the district court of Brockton ..................... $1,234,736

0332-5800.. For the second district court of Plymouth at Hingham ..... $705,899

0332-5900.. For the third district court of Plymouth at Plymouth ..... $876,742

0332-6000.. For the fourth district court of Plymouth at Wareham ..... $739,036

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................................... $921,194

0332-6900.. For the central district court of Worcester............ $1,700,739

0332-7000.. For the district court of Fitchburg ...................... $556,835

0332-7100.. For the district court of Leominster ..................... $438,062

0332-7200.. For the district court of Winchendon..................... $152,764

0332-7300.. For the first district court of northern Worcester at Gardner $389,673

0332-7400.. For the first district court of eastern Worcester at Westborough $442,571

0332-7500.. For the second district court of eastern Worcester at Clinton $514,025

0332-7600.. For the district court of southern Worcester at Dudley ... $526,664

0332-7700.. For the second district court of southern Worcester at Uxbridge $350,664

0332-7800.. For the third district court of southern Worcester at Milford $335,314

0332-7900.. For the district court of western Worcester at East Brookfield $350,435

Probate and Family Court Department .

0333-0002.. For the administrative office of the probate and family court department....................................................... $1,358,615

0333-0100.. For the Barnstable probate court....................... $1,019,699

0333-0150.. For the operation of a child and parents program in the Barnstable probate court............................................. $82,582

0333-0200.. For the Berkshire probate court.......................... $535,524

0333-0300.. For the Bristol probate court.......................... $1,682,652

0333-0400.. For the Dukes probate court.............................. $127,077

0333-0500.. For the Essex probate court............................ $1,356,009

0333-0600.. For the Franklin probate court........................... $539,848

0333-0700.. For the Hampden probate court.......................... $2,840,355

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............................ $41,292

0333-0800.. For the Hampshire probate court.......................... $670,284

0333-0900.. For the Middlesex probate court........................ $3,508,883

0333-0911.. For the Middlesex probate court family services clinic... $201,286

0333-0913.. For the Middlesex community access program of community outreach and education; provided, that the program shall be targeted at low income persons who experience educational and language barriers to court access; and provided further, that the program shall be administered by the register of probate of Middlesex county.............. $199,164

0333-1000.. For the Nantucket probate court.......................... $182,395

0333-1100.. For the Norfolk probate court.......................... $1,574,249

0333-1111.. For the Norfolk probate court family services clinic..... $145,200

0333-1200.. For the Plymouth probate court......................... $1,411,954

0333-1300.. For the Suffolk probate court.......................... $2,327,106

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................ $259,708

0333-1400.. For the Worcester probate court........................ $1,770,581

0333-1411.. For the Worcester probate court family services clinic... $196,716

Land Court Department.

0334-0001.. For the operation of the land court.................... $2,479,415

Boston Municipal Court Department.

0335-0001.. For the central division of the Boston municipal court department including the administrative costs of said court department $3,308,288

0335-0100.. For the Brighton division of the Boston municipal court department......................................................... $338,730

0335-0200.. For the Charlestown division of the Boston municipal court department......................................................... $241,626

0335-0300.. For the Dorchester division of the Boston municipal court department....................................................... $1,193,837

0335-0400.. For the East Boston division of the Boston municipal court department......................................................... $605,214

0335-0500.. For the Roxbury division of the Boston municipal court department....................................................... $1,159,830

0335-0600.. For the South Boston division of the Boston municipal court department......................................................... $423,149

0335-0700.. For the West Roxbury division of the Boston municipal court department......................................................... $761,326

Housing Court Department .

0336-0002.. For the administrative office of the housing court department $107,178

0336-0100.. For the Boston housing court............................. $969,476

0336-0200.. For the western division of the housing court............ $718,895

0336-0300.. For the Worcester county housing court................... $721,866

0336-0400.. For the southeastern division of the housing court..... $1,262,163

0336-0500.. For the northeastern division of the housing court....... $676,227

Juvenile Court Department .

0337-0002.. For the administrative office of the juvenile court department $929,438

0337-0100.. For the Suffolk county juvenile courts................. $1,297,986

0337-0200.. For the Bristol juvenile court......................... $1,296,549

0337-0300 . For the Hampden county juvenile courts; provided, that $145,841 shall be expended for the CASA program in the Springfield Juvenile Courts....................................................... $1,347,196

0337-0400.. For the Worcester county juvenile courts; provided, that $72,920 shall be expended for the CASA program in the Worcester Juvenile Court....................................................... $1,124,994

0337-0500.. For the Barnstable county juvenile court, including the Barnstable county juvenile court located in the town of Plymouth.... $765,787

0337-0600.. For the Essex county juvenile courts; provided, that $100,000 shall be expended for the CASA program in the Lawrence Juvenile Court $1,183,645

0337-0700.. For the Hampshire and Franklin counties juvenile courts; provided, that $77,478 shall be expended for the Franklin/Hampshire CASA program, including the Northampton, Greenfield, Orange, and Ware District Courts......................................................... $712,344

0337-0800.. For the Plymouth county juvenile courts; provided, that $72,920 shall be expended for the CASA program in the Plymouth County Juvenile Courts......................................................... $820,893

0337-0900.. For the Berkshire county juvenile courts; provided, that $54,690 shall be expended for a Berkshire CASA program, in the Berkshire County Juvenile Courts.......................................... $518,552

0337-1000.. For the Middlesex county juvenile courts............... $1,241,649

0337-1100.. For the Norfolk county juvenile courts................... $952,028

Office of the Commissioner of Probation.

The Governor has reduced the following item by $7,630,158
The Legislature overrode the Governor's veto.
0339-1001.. For the office of the commissioner of probation; provided, that notwithstanding any general or special law, rule or regulation to the contrary, the commissioner, subject to appropriation, shall have exclusive authority to appoint, dismiss, assign and discipline probation officers, associate probation officers, probation officers-in-charge, assistant chief probation officers and chief probation officers; provided further, that the associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service subject to collective bargaining agreements to perform intensive, community-based supervision of probationers, including the provisions of intensive supervision and community restraint services as described in item 0339-1004; provided further, that not less than $2,771,000 shall be expended for costs associated with full implementation of chapters 303 and 418 of the acts of 2006 to ensure effective supervision of probationers who are monitored through global positioning system bracelets; provided further, that not less than $100,000 shall be expended for the central Massachusetts probation training academy in the town of Clinton for the purpose of maintaining current staffing levels or providing additional staff at the discretion of the commission; provided further, that no funds shall be expended from this line item to cover the costs of building leases; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to utilize the department’s wage reporting and bank match system for the purpose of weekly tape-matching, so-called, for the purposes of determining an individual’s eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports to the house and senate committees on ways and means detailing the progress of eligibility verification with the department; and provided further, that the report shall include, but not be limited to, the number of individuals to be found misrepresenting assets, revenue generated through collection of indigent client fees, the average indigent client fee that each court division collects per case since the effective date of this act, recommendations on improvements in verifying eligibility for counsel and other pertinent information to ascertain the effectiveness of verification........................ $142,372,102

The Governor has reduced the following item by $1,656,417
The Legislature overrode the Governor's veto.
0339-1003.. For the operation of the trial court office of community corrections, including the costs of personnel; provided, that no funds shall be expended from this item to cover the costs of building leases $7,776,254

The Governor has reduced the following item by $206,045
The Legislature overrode the Governor's veto.
0339-1004.. For the cost of intensive supervision and community corrections programs; provided, that the programs shall include, but not be limited to, tracking, community service, educational assistance, drug and alcohol testing and treatment, curfew enforcement, home confinement, day reporting, means-tested fines, restitution, and community incapacitation or restraint; provided further, that the number of placements in the programs shall not exceed a daily average goal of 5,000 intensively-supervised probationers; provided further, that funds from this item shall be expended to cover the costs of the programs that are undertaken and administered by court probation offices and county sheriffs’ offices; provided further, that said funds shall be expended for the purpose of providing such programs in Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year 2009; provided further, that the executive director of the office of community corrections of the trial court shall enter into interagency service agreements and memoranda of understanding with the probation offices and sheriffs’ offices for the provision of such programs, including the contracting for detention space for probationers arrested for violating probation and awaiting court action and detention space for probationers who have been ordered by the trial court to be supervised at a higher level of restraint; provided further, that such agreements and memoranda shall be entered into at the direction of the executive director; provided further, that the executive director shall submit a spending and management plan for the programs to the house and senate committees on ways and means not later than January 30, 2009 ; 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................. $19,316,186

Office of the Jury Commissioner.

0339-2100.. For the office of the jury commissioner in accordance with chapter 234A of the General Laws.................................... $2,702,029

Suffolk District Attorney.

The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program provided further, that not more than $125,000 shall be expended for a North Dorchester Safe Neighborhood Initiative in Suffolk County; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that not more than $100,000 shall be expended for additional support of the Gun Prosecution Task Force, also known as the Gun Court; provided further, that not more than $150,000 shall be expended for support of a second Grand Jury for Suffolk County to investigate unsolved homicides, otherwise known as the Special Homicide Grand Jury; provided further, that not more than $230,000 shall be expended for the cost of rent increases and property tax pass through increases at One Bulfinch Place; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ........................................ $16,593,097

0340-0101.. For the overtime costs of state police officers assigned to the Suffolk district attorney’s office............................... $384,537

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Middlesex District Attorney.

0340-0200.. For the Middlesex district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts district attorneys’ association no later than February 2 , 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention  to make that transfer .............. $14,245,849

0340-0201.. For the overtime costs of state police officers assigned to the Middlesex district attorney’s office .................... $560,558

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Eastern District Attorney.

The Governor has reduced the following item by $42,900
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; and provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program ................... $8,751,724

0340-0301.. For the overtime costs of state police officers assigned to the Eastern district attorney’s office .............................. $547,389

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Worcester District Attorney.

The Governor has reduced the following item by $45,125
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that not more than $45,000 shall be expended for the Victim Survivor Care Program at Ann Maria College; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ......................................... $9,250,428

0340-0401.. For the overtime costs of state police officers assigned to the Worcester district attorney’s office .................... $448,786

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

0340-0410.. For the analysis of narcotic drug synthetic substitutes, poisons, drugs, medicines and chemicals at the 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.

The Governor has reduced the following item by $40,828
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................ $8,328,979

0340-0501.. For the overtime costs of state police officers assigned to the Hampden district attorney’s office .............................. $359,681

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Hampshire/Franklin District Attorney

The Governor has reduced the following item by $25,421
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in said fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that not less than $150,000 shall be expended for the salaries and expenses of a children’s advocacy project; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ....................... $5,185,922

0340-0601.. For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney’s office............ $319,357

Norfolk District Attorney.

The Governor has reduced the following item by $41,810
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention  to make that transfer ............... $8,529,225

0340-0701.. For the overtime costs of state police officers assigned to the Norfolk district attorney’s office .............................. $463,770

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Plymouth District Attorney.

The Governor has reduced the following item by $100,000
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................ $7,399,913

0340-0801.. For the overtime costs of state police officers assigned to the Plymouth district attorney’s office .............................. $466,522

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Bristol District Attorney.

The Governor has reduced the following item by $165,000
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that the office shall submit a report to the executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer; and provided further, that not less than $150,000 shall be expended for the Katie Brown domestic violence prevention program for the provision of classroom-based educational programs in schools within Bristol county to be administered by the Bristol county district attorney, to prevent relationship violence............. $7,701,237

0340-0901.. For the overtime costs of state police officers assigned to the Bristol district attorney’s office............................... $354,165

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Cape and Islands District Attorney.

The Governor has reduced the following item by $18,447
The Legislature overrode the Governor's veto.
0340-1000.. For the Cape and Islands district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided further, that 2 prosecutors and administrative support shall be provided to the Cape Cod offender management task force; provided that, $125,000 shall be expended to support the sex offender management unit; provided further, that not more than $20,000 shall be expended for the Cape and Islands Child Advocacy Center at Children’s Cove in Hyannis; provided further, that the office shall submit reports to the executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that the office shall submit a report to the executive director of the Massachusetts’ district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................ $3,763,148

0340-1001.. For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office....................... $302,521

General Fund.......................... 11.80%
Highway Fund.......................... 88.20%

Berkshire District Attorney.

The Governor has reduced the following item by $17,968
The Legislature overrode the Governor's veto.
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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that $150,000 shall be expended for the operation and management of the Berkshire County Drug Task Force; 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 executive director of the Massachusetts district attorneys’ association no later than February 2, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 2, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer ................ $3,665,579 $3,647,611

0340-1101.. For the overtime costs of state police officers assigned to the Berkshire district attorney’s office .................... $233,484

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 2009 appropriation to the Massachusetts district attorneys’ association in order to alleviate the cost of the case management and tracking system as well as the cost of data lines associated with the district attorney’s computer network; provided further, that the department shall work in conjunction with the disabled persons protection commission and the 11 district attorneys offices to prepare a report that shall include, but not be limited to, the following: (a) the number of abuse cases that are referred to each said district attorney’s office for further investigation; (b) the number of said referrals resulting in the filing of criminal charges, delineated by type of charge; (c) the number of cases referred to each said district attorneys office that remain open as of the date for submission of said report; and (d) the number of cases resulting a criminal prosecution, and the disposition of each such prosecution; provided further, that said report shall be submitted to the house and senate committees on ways and means on or before March 15, 2009; 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 no later than January 30, 2009; provided further, that the report shall include, but not be limited to, an analysis of the total cost of the district 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 2009 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; provided further, that the association shall submit a report to the house and senate committees on ways and means no later than January 31, 2009, detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2008, and the amount of each source of revenue; provided further, that the association shall work in conjunction with the 11 district attorney offices to prepare and submit a report to the house and senate committees on ways and means no later than March 1, 2009, summarizing the number and types of criminal cases managed or prosecuted by all district attorney offices in the calendar year 2008 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that the association shall work in conjunction with the 11 district attorney offices to prepare and submit a report to the house and senate committees on ways and means no later than March 1, 2009, detailing all district attorney offices’ use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; and provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007, and 2008; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2009 ............................ $2,014,832

0340-2117.. For the retention of assistant district attorneys with more than 3 years of experience; provided, that the Massachusetts District Attorneys Association shall transfer funds to the AA object class in each of the 11 district attorney offices in the commonwealth; provided further, that the association shall develop a formula for distribution of the funds; provided further, that funds distributed from this item to the district attorneys’ offices shall be used for retention purposes and shall not be transferred out of the AA object class; provided further, that not more than $100,000 shall be distributed to any 1 district attorney’s office; provided further, that the association shall submit a report to the house and senate committees on ways and means not later than December 1, 2008 detailing the following: (1) the formula used to distribute the funds; (2) the amount given to each district attorney’s office; (3) the number of assistant district attorneys from each office who received funds from this item; and (4) the success of the retention initiative in each office; and provided further, that no funds shall be expended on the administrative costs of the association.............. $500,000

0340-8908.. For the costs associated with maintaining the Massachusetts District Attorneys Association’s wide area network.............. $1,362,600

EXECUTIVE.

0411-1000.. For the offices of the governor, the lieutenant governor and the governor’s council; provided, that the amount appropriated in this item may be used at the discretion of the governor for the payment of extraordinary expenses not otherwise provided for and for transfer to appropriation accounts where the amounts otherwise available may be insufficient; provided further, that funds may be expended for the governor’s commission on mental retardation; and provided further, that the advisory council on Alzheimer diseases and related disorders, as established in the office of the governor by section 379 of chapter 194 of the acts of 1998 and section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2009 ................ $5,564,771

0411-1001.. For the operation of the development coordinating council $246,720

0411-1002.. For a contract with the Massachusetts Service Alliance to operate the commonwealth corps program ............................ $3,000,000

0411-1003.. For costs associated with maintaining and enhancing the commonwealth’s Washington, DC office for the purpose of better coordinating all activities and programs that receive or may potentially receive federal funds or are regulated by federal agencies............... $453,292

0411-1005.. For the operation of the office of the child advocate.... $300,000

SECRETARY OF THE COMMONWEALTH.
Office of the Secretary of the Commonwealth.

0511-0000.. For the operation of the office of the secretary; provided, that the office shall submit a report detailing staffing patterns for each program operated by the office; provided further, that the report shall include, but not be limited to, actual and functional job titles by program and compensation rates and lengths of service for each employee; provided further, that the office shall submit the report not later than February 2, 2009 , to the house and senate committees on ways and means; 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 and 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 secretary of state or the records conservation board; and provided further, that those regulations shall be  issued not later than June 30, 2009 ................................................... $7,328,088

0511-0001.. The secretary of state 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.. For the secretary of state, acting on behalf of the commonwealth; provided, that the secretary may sell, transfer or license the division of corporations’ software and related documents pertaining to its web-based searching and filing applications, including uniform commercial code software, developed by the department of the secretary and copyrighted by it to other states, multi-state or regional associations or other sovereign governments on such terms or conditions as, in his sole discretion, reasonably compensates the commonwealth for its interests; provided further, that the secretary may retain and expend revenues collected from the sales, licensure or user agreements in an amount not to exceed $50,000 for technical activities of the corporations division, the remainder to be deposited in the General Fund; provided further, that the secretary may also provide web hosting, and on-going support and maintenance to other states, provinces or territories of Canada relative to their UCC and corporate applications; and provided further, that the department of the secretary of state may accept credit and debit cards from individuals and corporations filing documents with the department............................. $50,000

0511-0200.. For the operation of the state archives division......... $550,353

0511-0230.. For the operation of the records center.................. $154,311

0511-0250.. For the operation of the archives facility............... $481,881

0511-0260.. For the operation of the commonwealth museum............. $959,755

0511-0270.. For the secretary of state who may contract with the University of Massachusetts Donahue Institute to provide the commonwealth with technical assistance on United States census data and to prepare annual population estimates..................................... $800,000

0511-0420.. For the operation of the address confidentiality program. $163,269

0517-0000.. For the printing of public documents..................... $909,008

0521-0000.. For the operation of the elections division, including preparation, printing and distribution of ballots and for other miscellaneous expenses for primary and other elections; provided, that the 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; provided further, that the secretary shall submit a report to the house and senate committees on ways and means not later than February 2, 2009 , 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; and provided further, that the secretary shall investigate issues relative to preservation and storage of vital municipal records in cities and towns in the commonwealth and shall report to the general court by June 30, 2009 ........... $8,300,543

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 February 2, 2009 .......................... $6,156,294

0524-0000.. For providing information to voters.................... $1,932,807

0526-0100.. For the operation of the Massachusetts historical commission $1,070,676

0527-0100.. For the operation of the ballot law commission............ $12,380

0528-0100.. For the operation of the records conservation board....... $39,459

0540-0900.. For the registry of deeds located in Lawrence in the former county of Essex .................................................. $1,312,644

0540-1000.. For the registry of deeds located in Salem in the former county of Essex ....................................................... $3,488,372

0540-1100.. For the registry of deeds in the former county of Franklin $579,706

0540-1200.. For the registry of deeds in the former county of Hampden $2,173,462

0540-1300.. For the registry of deeds in the former county of Hampshire $608,265

0540-1400.. For the registry of deeds located in Lowell in the former county of Middlesex .............................................. $1,436,869

0540-1500.. For the registry of deeds located in Cambridge in the former county of Middlesex .............................................. $3,719,768

0540-1600.. For the registry of deeds located in Adams in the former county of Berkshire ................................................ $331,237

0540-1700.. For the registry of deeds located in Pittsfield in the former county of Berkshire ................................................ $563,922

0540-1800.. For the registry of deeds located in Great Barrington in the former county of Berkshire ...................................... $278,861

0540-1900.. For the registry of deeds in the former county of Suffolk $2,319,509

0540-2000.. For the registry of deeds located in Fitchburg in the former county of Worcester ................................................ $863,722

0540-2100.. For the registry of deeds located in the city of Worcester in the former county of Worcester .................................... $2,788,908

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 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 30, 2009 ; provided further, that up to $3,600,000 may be expended for the payment of bank fees; and provided further, that the treasurer’s office shall pay half of the administrative costs of the municipal finance oversight board from this item........................................ $11,132,804

General Fund........................... 90.0%
Highway Fund........................... 10.0%

0610-0050.. For the administration of the alcoholic beverages control commission in its efforts to regulate and control the conduct and condition of traffic in alcoholic beverages; provided, that said commission shall maintain at least 1 chief investigator and other investigators for the purpose of regulating and controlling the traffic of alcoholic beverages; provided further, that said commission shall work and cooperate with the Alcohol, Tobacco, and Firearms division of the United States Department of Justice and other relevant federal agencies to assist in its efforts to regulate and control the traffic of alcoholic beverages; and provided further, that said commission is directed to seek out matching federal dollars and to apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages.............................................. $2,138,720

0610-0060.. For the costs associated with the investigation and enforcement division of the alcoholic beverages control commission’s implementation of the enhanced liquor enforcement programs, known as Safe Campus, Safe Holidays, Safe Prom, and Safe Summer; provided, that funds from this appropriation shall not support other operating costs of item 0610-0050; and provided further, that said commission shall submit a report to the house and senate committees on ways and means not later than March 2, 2009 detailing the results of said program............... $350,000

0610-0140.. For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the Commonwealth’s General and Stabilization Fund investments............................................... $25,000

0610-2000.. For payments made to veterans pursuant to section 16 of chapter 130 of the acts of 2005; provided, that the office of the state treasurer may expend not more than $150,000 for costs incurred in the administration of these payments; and provided further, that funds available in fiscal year 2008 shall be available for expenditure until June 30, 2009 ....................................................... $5,159,080

0611-1000.. For bonus payments to war veterans........................ $50,000

0611-1010.. For the cost of life insurance premiums for National Guard members pursuant to section 88B of chapter 33 of the General Laws $1,700,000

0611-5500.. For additional assistance to cities and towns to be distributed according to section 3 and for assistance to certain public entities of the commonwealth which have constructed water pollution abatement facilities; provided, that the distribution to the public entities shall equal $1,249,948; and provided further, that if there is a conflict between the provisions of the distribution set forth in section 3 and any other provisions of this act, the distribution set forth in section 3 shall control...................................... $379,767,936

0611-5510.. For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws.......................................... $30,300,000

The Governor has reduced the following item by $607,500
0611-5800.. For distribution to each city and town within which racing meetings are conducted pursuant to section 18D of chapter 58 of the General Laws....................................................... $2,200,000 $1,592,500

Pension Benefits.

0612-0105.. For payment of the public safety employee killed in the line of duty benefit authorized by section 100A of chapter 32 of the General Laws; provided that the Treasurer’s office shall provide immediate written notification to the secretary of administration and finance and the house and senate committees on ways and means upon the expenditure of the funds appropriated herein............................ $200,000

Commission on Firefighters’ Relief.

0620-0000.. For financial assistance to injured firefighters........... $9,808

Lottery Commission.

0640-0000.. For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that the commission shall review potential initiatives to increase lottery revenues including, but not limited to: (a) the viability of implementing a lottery bond program in the Commonwealth; and (b) an estimate of possible revenues associated with increased price points regarding instant tickets; provided further, that the results of said review shall be reported to the secretary of administration and finance and the chairs of the house and senate committees on ways and means no later than December 1, 2008 ; provided further, that the state lottery commission shall perform a study of programs to ensure responsible gaming habits for consumers; provided further, that the commission shall provide results of the study to the chairpersons of the house and senate ways and means committees not later than December 31, 2008 ; provided further, that positions funded by this item shall not be subject to chapters 30 and 31 of the General Laws; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the  General Fund $81,152,622

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 monitor games; provided, that any sums expended on promotional activities shall be limited to point-of-sale promotions and agent newsletters; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery fund to the General Fund........................................... $4,175,484

0640-0010.. For the promotional activities associated with the state lottery program; provided, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund.......................................... $10,000,000

0640-0013.. For the costs of the anti-litter program; provided, that the lottery commission may continue to develop regional environmental awareness events to limit the number of discarded instant tickets that become litter; provided further, that not later than November 15, 2008 , the treasurer shall submit a report to the secretary of administration and finance and the chairpersons of the house and senate ways and means committees on the anti-litter program and its effectiveness since it was developed; 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.......................... $75,000

The Governor has reduced the following item by $11,066
0640-0096.. For the purpose of the commonwealth’s fiscal year 2009 contributions to the health and welfare fund established pursuant to the collective-bargaining agreement between the lottery commission and the service employees international union, Local 254, 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 $367,011 $355,945

MASSACHUSETTS CULTURAL COUNCIL.

0640-0300.. For the services and operations of the council, including grants to or contracts with public and non-public entities; provided, that notwithstanding any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections 52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times as the council may determine pursuant to section 54 of said chapter 10; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund; provided further, that any funds expended from this item for the benefit of schoolchildren shall be expended for the benefit of all Massachusetts schoolchildren and on the same terms and conditions; provided further, that the council shall not expend funds from this item for any grant or contract recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; provided further, that not more than $1,000,000 of the funds appropriated herein shall be used to assist cultural organizations in augmenting or initiating endowments to promote the financial stability of the organizations and the assistance shall be in the form of challenge grants to the organizations; provided further, that in order to receive a grant a cultural organization shall raise an amount at least equal to the amount of the grant for the organization’s endowment; provided further, that funds provided by the grants shall, in perpetuity, be used solely to provide free or reduced rate public programs or services to citizens of the commonwealth; provided further, that a grant made under this program shall not exceed $100,000; provided further, that a person employed under this item shall be considered an employee within the meaning of section 1 of chapter 150E of the General Laws and shall be placed in the appropriate bargaining unit; provided further, that the Local Cultural Council Grant Program provide for a minimum grant of $4,000 per municipality; and provided further, that not less than $350,000 shall be expended to continue the Cultural Tourism Initiative under the Massachusetts Cultural Council, which shall provide matching funds for marketing programs created through regional or local partnerships between tourism professional and nonprofit cultural organizations through 4 pilot programs to be created in 4 different regions of the state ................................. $12,658,827

Debt Service

0699-0015.. For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth, previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that payments of certain serial bonds maturing previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary, the state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item and item 0699-9100; provided further, that the payments shall pertain to the bonds, notes, or other obligations authorized to be paid from each item; provided further, that notwithstanding any general or special law to the contrary, the comptroller may transfer the amounts that would otherwise be unexpended on June 30, 2009, from item 0699-0015 to item 0699-9100 or from item 0699-9100 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2009; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; provided further, that payments on bonds issued pursuant to section 2O of chapter 29 of the General Laws shall be paid from this item and shall be charged to the Infrastructure sub-fund of the Highway fund; provided further, that payments of interest, discount and principal on certain bonded debt of the commonwealth associated with the Watershed Management Fund for the acquisition of development rights and other interests in land, including fee simple acquisitions of watershed lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above the Ware river intake pipe shall be paid from this item; provided further, that notwithstanding any general or special law to the contrary or other provisions of this item, the comptroller may charge the payments authorized herein to the appropriate budgetary or other fund subject to a plan which the comptroller shall file 10 days in advance with the house and senate committees on ways and means; and provided further, that the comptroller shall transfer from this item to the Government Land Bank Fund an amount equal to the amount by which debt service charged to said fund exceeds revenue deposited to said funds.................... $1,806,346,000

General Fund.......................... 68.07%
Highway Fund.......................... 31.93%

0699-2004.. For the payment of interest, discount and principal on certain indebtedness which may be incurred for financing the central artery/third harbor tunnel funding shortfall......... $102,161,000

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

0699-9100.. For the payment of interest and issuance costs on bonds and bond and revenue anticipation notes and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws and for the payment to the United States pursuant to section 148 of the Internal Revenue Code of 1986 of any rebate amount or yield reduction payment owed with respect to any bonds or notes or other obligations of the commonwealth; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of costs among the various funds of the commonwealth; provided further, that the comptroller shall charge costs to the funds in accordance with the schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June 30, 2009 shall be charged to the various funds or to the General Fund or Highway Fund debt service reserves ................................ $28,728,000

0699-9101.. For the purpose of depositing with the trustee under the trust agreement authorized in section 10 of chapter 11 of the acts of 1997 an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund............ $45,664,000

Department of Veterans’ Services.

1410-0010.. For the operation of the department of veterans’ services; provided, that the department may fund a housing specialist from this item; provided further, that the department may expend funds for the Glory 54th Brigade; provided further, that not less than $25,000 shall be expended  for the purpose of maintaining the Massachusetts Vietnam veterans memorial located in the Green Hill park in Worcester; provided further, that not less than $10,000 shall be expended for the Korean War memorial located in the Charlestown navy yard; provided further, that not less than $100,000 shall be expended for the World War II Memorial at Bell Rock Memorial Park in Malden; provided further, that not less than $25,000 shall be provided for reimbursing reasonable expenses incurred in carrying out the responsibilities of the special commission relative to the hidden wounds of war on Massachusetts service members established by chapter 1 of the resolves of 2008; provided further, that the secretary of veterans’ affairs shall submit a report to the joint committee on veterans’  and federal affairs and the house and senate committees on ways and means not later than December 31, 2008 , on the secretariat’s implementation of and the outreach efforts of the “welcome home bill”; and provided further, that the report shall include the participation rates for service, hindrances to enrollment for the program, and recommendations, including any necessary statutory or other changes to increase the number of service men and women who apply for such service........................................... $2,338,552

1410-0012.. For services to veterans, including the maintenance and operation of outreach centers; provided, that the centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that these centers shall also provide services to veterans who were discharged after September 11, 2001, and their families; provided further, that not less than $367,422 shall be obligated for a contract with the Montachusett Veterans Outreach Center in the city of Gardner; provided further, not less than $228,771 shall be expended for the Veterans Benefits Clearing House in the Roxbury section of Boston; provided further, that not less than $200,000 shall be obligated for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc., in the city of Springfield; provided further, that not less than $200,000 may be expended for outreach and counseling to newly-returned Massachusetts veterans in support of Operation Iraqi Freedom and Operation Enduring Freedom; provided further, that not less than $150,000 shall be expended for the Worcester Veterans Outreach Center; provided further, that not less than $150,000 shall be expended for the Nathan Hale Foundation of Plymouth to assist veterans with transportation; provided further, that not less than $131,500 shall be obligated for a contract with Nam Vets Association of the Cape and Islands in the Hyannis section of the town of Barnstable; provided further, that not less than $106,102 shall be expended for the North Shore Veterans Counseling Center; provided further, that not less than $100,000 shall be expended for veteran’s services to be administered by the Cape Community Health Center of Cape Cod; provided further, that not less than $100,000 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill; provided further, that not less than $100,000 be obligated for the Boston metropolitan area for a contract with the Puerto Rican Veterans Association of Massachusetts, Inc.; provided further, that not less than $100,000 shall be expended to United Veterans of America for the purpose of providing services to homeless veterans in Berkshire County; provided further, that not less than $100,000 shall be expended for the Veterans Association of Bristol County in Fall River; provided further, that not less than $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 $70,000 shall be expended for the Mason Square Veterans Outreach Center in the city of Springfield; provided further, that not less than $50,000 shall be expended for the Middleborough Veteran Outreach Center; provided further, that not less than $50,000 shall be expended for the 54th Massachusetts Volunteers and the Colored Ladies; and provided further, that not less than $30,000 shall be expended for the oral history project at the Morse Institute Library in Natick...................................... $2,389,748

1410-0015.. For the women veterans’ outreach program.................. $50,000

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

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

1410-0250.. For homelessness services; provided, that not less than $652,395 shall be obligated for a contract with the Southeastern Massachusetts Veterans Housing Program, Inc., in the city of New Bedford; provided further, that not less than $625,105 shall be obligated for a contract with the central Massachusetts Shelter for Homeless Veterans in the city of Worcester; provided further, that not less than $405,500 shall be obligated for contracts with the Veteran Homestead in the city of Leominster and the Veteran Homestead in the town of Fitchburg; provided further, that not less than $220,000 shall be obligated for a contract with the United Veterans of America shelter in the town of Leeds; provided further, that not less than $199,405 shall be obligated for a contract with Unity House in the city of Gardner; provided further, that not less than $190,000 shall be expended for a contract with Habitat P.L.U.S. in the city of Lynn; provided further, that not less than $100,350 shall be expended for the Veterans Benefits Clearing House in the Dorchester section of Boston; provided further, that not less than $80,000 shall be obligated for a contract with the Veterans Northeast Outreach Center in the city of Haverhill for homelessness services; provided further, that not less than $75,000 shall be expended for a contract with the Springfield Bilingual Veterans Outreach Center for the operation and maintenance of a homeless veterans transition house located in the city of Springfield; provided further, that not less than $73,350 shall be expended under contract for the Veterans Benefits Clearing House in the Roxbury section of Boston; provided further, that not less than $51,975 shall be expended for a contract with the Springfield Bilingual Veterans Outreach Center for the operation and maintenance of homeless veterans transitional housing units at the YMCA of Springfield; provided further, that not less than $42,000 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $37,350 shall be obligated for a contract with the Homestead in the town of Hyannis; and provided further, that not less than $25,000 shall be expended for transitional services at Our Neighbor’s Table in Amesbury $2,827,430

1410-0251.. For the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Shelter for Homeless Veterans located in the city of Boston.......................... $2,278,466

1410-0300.. For the payment of annuities to certain disabled veterans and the parents and un-remarried spouses of certain deceased veterans; provided, that the payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall take reasonable steps to terminate payments upon the death of a recipient; provided further, that the department shall prorate annuity payments to ensure that the total payments in fiscal year 2009 shall not exceed the amount appropriated herein; and provided further, that the secretary of veterans’ services shall file with the house and senate committees on ways and means a report detailing the number of applications received for annuities offered under this program at the end of each fiscal quarter............................................... $18,524,424

1410-0400.. For reimbursing cities and towns for money paid for veterans’ benefits and for payments to certain veterans under section 6 of chapter 115 of the General Laws; provided, that notwithstanding any general or special law to the contrary, 100 per cent of the amounts of veterans’ benefits paid by cities and towns to residents of a soldiers’ home shall be paid by the commonwealth to the several cities and towns; provided further, that pursuant to section 9 of said chapter 115, the department shall reimburse cities and towns for the cost of United States flags placed on the graves of veterans on Memorial Day; provided further, that notwithstanding any general or special law to the contrary, the secretary of veterans’ services shall continue a training program for veterans’ agents and directors of veterans’ services in cities and towns; provided further, that the department of veterans’ services shall provide such training in several locations across the commonwealth including, but not limited to, providing training programs at the Massachusetts Veterans’ Service Officers Association statewide training conferences; provided further, that the purpose of the training program shall be to maximize federal assistance available for veterans and to assure that the agents and directors receive uniform instruction on providing veterans and dependents with advice relative to procurement of state, federal and local benefits to which they are entitled, including employment, education, health care, retirement and other veterans’ benefits; provided further, that the subject matter of the training program shall include benefits available under said chapter 115 and alternative resources, including those which are partially or wholly subsidized by the federal government, such as Medicaid, Supplemental Security Income and Social Security Disability benefits, as well as federal pension and compensation entitlements; provided further, that the secretary shall promulgate regulations for the training program; provided further, that upon successful participation by the veterans’ agents or directors of veterans’ services in the training program, the costs of the training program incurred by the several cities and towns shall be reimbursed by the commonwealth on or before November 10 following the fiscal year in which the costs were paid; provided further, that any person applying for veterans’ benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical assistance under said chapter 118E to minimize cost of the commonwealth and its municipalities; provided further, that veterans’ agents shall complete applications authorized by the executive office under said chapter 118E for any veteran, widow and dependent applying for medical assistance under said chapter 115; provided further, that the veterans’ agent shall file the application for the veteran or dependent for assistance under said chapter 118E; provided further, that the executive office shall act on all said chapter 118E applications and advise the applicant and the veterans’ agent of the applicant’s eligibility for said chapter 118E healthcare; provided further, that the veterans’ agent shall advise the applicant of the right to assistance for medical benefits under said chapter 115 pending approval of the application for assistance under said chapter 118E by the executive office; provided further, that the secretary may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support; provided further, that payments to or on behalf of a veteran or dependent pursuant to said chapter 115 shall not be considered income for the purposes of determining eligibility under said chapter 118E; and provided further, that benefits awarded pursuant to section 6B of said chapter 115 shall be considered countable income...................................................... $20,904,223

1410-0630.. For the administration of the veterans’ cemeteries in the towns of Agawam and Winchendon.................................... $912,670

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............ $16,317,826

0710-0100.. For the operation of the division of local mandates...... $650,162

0710-0200.. For the operation of the bureau of special investigations; provided, that the office shall file quarterly reports with the house and senate committees on ways and means detailing the total amount of fraudulently obtained benefits identified by the bureau of special investigations of the office of the state auditor, the total value of settlement restitution payments, actual monthly collections, and any circumstances that produce shortfalls in collections................. $1,928,775

0710-0225.. For the operation of the Medicaid Audit Unit within the Division of Audit Operations in an effort to prevent and to identify fraud and abuse in the MassHealth system; provided, that the federal reimbursement for any expenditure from this line item shall not be less than 50 per cent; and provided further, that the division shall submit a report no later than December 1, 2008 to the house and senate committee ways and means detailing all findings on activities and payments made through the MassHealth system........................................ $859,745

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 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; provided further, that not more than $250,000 shall be expended for a safe neighborhood initiative in the Grove Hall area of Boston; 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 no less than $200,000 be expended for the Dorchester Youth Collaborative Safe City Initiative; 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; and provided further, that $50,000 shall be expended for the Trauma Intervention Program of Merrimack Valley....... $27,410,277

0810-0004.. For compensation to victims of violent crimes; provided, that notwithstanding chapter 258C of the General Laws, if a claimant is 60 years of age or older at the time of the crime and is not employed or receiving unemployment compensation, such claimant shall be eligible for compensation in accordance with said chapter 258C even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of $50; and provided further, that notwithstanding any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section 5 of chapter 258B of the General Laws........................................... $2,188,340

0810-0007.. For the overtime costs of state police officers assigned to the attorney general; provided, that costs associated with those officers shall not be funded from item 8100-0007; and provided further, that expenditures shall not be made on or after the effective date of this act which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item.............. $541,201

Highway Fund.......................... 88.20%
General Fund.......................... 11.80%

0810-0013.. The office of the attorney general may expend for a false claims program an amount not to exceed $650,000 from revenues collected from enforcement of the false claims act; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................. $650,000

0810-0014.. For the operation of the department of public utilities proceedings unit within the office of attorney general, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or special law to the contrary, the amount assessed under said section 11E of said chapter 12 of the General Laws, shall equal the amount expended from this item; and provided further, that not less than $200,000 shall be expended for the expenses of legal and technical personnel and associated administrative and travel expenses relative to participation in regulatory proceedings at the Federal Energy Regulatory Commission on behalf of Massachusetts ratepayers ...... $2,355,145

0810-0021.. For the operation of the Medicaid fraud control unit; provided, that the federal reimbursement for any expenditure from this item shall not be less than 75 per cent of the expenditure; provided further, that not less than $225,000 shall continue to be used specifically for the investigation and prosecution of abuse, neglect, mistreatment and misappropriation based on referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide training for all investigators of the department’s division of health care quality responsible for the investigations on a periodic basis pursuant to a comprehensive training program to be developed by the division and the unit; and provided further, that training shall include instruction on techniques for improving the efficiency and quality of investigations of abuse, neglect, mistreatment and misappropriation pursuant to said section 72H of said chapter 111 ................................... $3,067,021

0810-0045.. For the labor law enforcement program pursuant to section 1 of chapter 23 of the General Laws; provided, that notwithstanding any general or special law to the contrary, a non-management position funded by this item shall be considered a job title in a collective bargaining unit as prescribed by the labor relations commission and shall be subject to chapter 150E of the General Laws ...................... $3,576,934

0810-0201.. For the costs incurred in administrative or judicial proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this item may be used to supplement the automobile insurance fraud unit and the workers’ compensation fraud unit of the office of the attorney general; provided further, that not less than $250,000 shall be expended for costs associated with health insurance rate hearings; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for the costs shall be equal to the amount expended from this item.............................................. $1,664,942

0810-0338.. For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $438,506........................... $438,506

0810-0399.. For the investigation and prosecution of workers’ compensation fraud; provided, that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $284,456; provided further, that the attorney general shall investigate and prosecute, when appropriate, employers who fail to provide workers’ compensation insurance in accordance with the laws of the commonwealth; and provided further, that the unit shall investigate and report on all companies not in compliance with chapter 152 of the General Laws.................................. $284,456

Victim and Witness Assistance Board.

0840-0100.. For the operation of the victim and witness assistance board; provided, that the board shall submit a comprehensive report compiled from the information required of and submitted to the office by the trial court, the registry of motor vehicles and the state treasurer relative to the collection of assessments for the previous calendar year under section 8 of chapter 258B of the General Laws; and provided further, that the report shall be submitted to the house and senate committees on ways and means on or before February 16, 2009 ..................... $610,100

0840-0101.. For the salaries and administration of the SAFEPLAN advocacy program, to be administered by the Massachusetts office of victim assistance; provided, that the office shall submit to the house and senate committees on ways and means, not later than February 3, 2009 , a report detailing the effectiveness of contracting for the program including, but not limited to, the number and type of incidents to which the advocates responded, the type of services and service referrals provided by the domestic violence advocates, the cost of providing such services and the extent of coordination with other service providers and state agencies................................................. $789,788

STATE ETHICS COMMISSION.

0900-0100.. For the operation of the state ethics commission....... $1,782,433

OFFICE OF THE INSPECTOR GENERAL.

0910-0200.. For the operation of the office of the inspector general  $2,721,715

0910-0210.. 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 ....................................................... $1,285,141

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION.

0940-0100.. For the office of the commission, including the processing and resolution of cases pending before the commission that were filed on or before July 1, 2005 ; provided, that on or before November 3, 2008 , the commission shall submit to the house and senate committees on ways and means a report on the total number of all currently pending cases and the total number of the cases in the investigation, conciliation, post-probable cause and pre-public hearing and post-hearing stages; provided further, that the commission shall file an update of the report with the committees on or before March 2, 2009 ; provided further, that the commission shall identify in the reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which the Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means, on or before November 3, 2008 , the number of cases pending before the commission in which a state agency or state authority is named as a respondent, specifying those cases in which the Massachusetts Bay Transportation Authority is named as a respondent, and the number of the cases in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the commission shall include in the report the total number of new cases filed in fiscal year 2008 and the total number of cases closed by the commission in fiscal year 2008; provided further, that funds made available in this item shall be in addition to funds available in item 0940-0101; provided further, that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the commission shall pursue the highest allowable rate of federal reimbursement........ $2,732,903

0940-0101.. For the Massachusetts commission against discrimination which may expend not more than $1,930,054 from revenues from federal reimbursements received for the purposes of the United States Department of Housing and Urban Development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2009 and federal reimbursements received for these and other programs in prior years; provided, that notwithstanding any general or special law to the contrary, the commission may also expend revenues generated through the collection of fees and costs so authorized; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.... $1,930,054

0940-0102.. For the Massachusetts commission against discrimination which may expend not more than $70,000 from revenues collected from fees charged for the training and certification of diversity trainers for the operation of the discrimination prevention certification program....... $70,000

OFFICE OF THE STATE COMPTROLLER.

The Governor disapproved the following language.
The Legislature overrode the Governor's veto.
1000-0001.. For the office of the state comptroller for the purpose and cost of compliance with the Single Audit Act of 1984, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June 30, 2009, in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of the audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the office of the comptroller shall charge not more than a total of $750,000 to other items of appropriation for the cost of the audit; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be retained and expended from a separate item without further appropriation, in addition to state funds appropriated to this item, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds and grant receipts so credited and expended from this item shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the secretary for administration and finance; provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services and the full-year estimate of revenues and revenues collected; provided further, that notwithstanding any general or special law to the contrary, the comptroller shall deduct an amount of $1,000 from any item of appropriation in section 2 in which a reporting requirement is stipulated within such item and which report is not filed within 10 days of the stated due date; provided further, that all amounts deducted shall be deposited into the General Fund and the comptroller shall notify the house and senate committees on ways and means of all amounts so deducted; provided further, that notwithstanding any general or special law to the contrary, the comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for such purpose; provided further, that 60 days before entering into any interdepartmental service agreements the comptroller shall notify the house and senate committees on ways and means; provided further, that 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 item; and provided further, that the comptroller shall submit a report on such projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws $9,065,602

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Office of the Secretary of Administration and Finance.

1100-1100.. For the office of the secretary and the administration of the fiscal affairs division; provided, that the secretary shall conduct an ongoing review of affirmative action steps taken by the various agencies, boards, departments, commissions or divisions to determine whether such agencies, boards, departments, commissions or divisions are complying with the commonwealth’s policies of non-discrimination and equal opportunity; provided further, that whenever non-compliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report his resulting recommendations to the head of the relevant agency, board, department, commission or division, to the governor and to the Massachusetts Commission Against Discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this item, including supplemental and deficiency budgets, as to compliance or non-compliance with affirmative action policies to the chairs of the house and senate committees on ways and means, the joint committee on public service and the joint committee on labor and workforce development on or before December 1, 2008; provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements; provided further, that the secretary of administration and finance, in conjunction with the trial court, the executive office of health and human services, the division of capital asset management and maintenance, the bureau of state office buildings and the division of energy resources, shall submit a report to the house and senate committees on ways and means relative to the commonwealth's energy costs, which shall include, but not be limited to, the following: (a) energy consumption and costs incurred by commonwealth-owned or operated facilities, including the state house, state office buildings, hospitals, courthouses, correction facilities and  related properties; (b) cost saving initiatives relating to energy consumption and procurement; (c) the energy consumption and costs for all vehicles operated by the commonwealth and its subsidiary secretariats and agencies; and (d) the current status of the state’s energy infrastructure and plans for either replacement or conversion of existing systems; provided further, that the report shall be submitted not later than January 26, 2009; and provided further, that the budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to item 1000-0001........ $3,826,821

1100-1200.. For the executive office for administration and finance to carry out expanded responsibilities associated with an analysis of the commonwealth’s capital planning, the development of performance budgeting and improving the efficiency of state government $500,000

Division of Capital Asset Management and Maintenance.

1102-3205.. The division may expend for the maintenance and operation of the Massachusetts information technology center an amount not to exceed $7,800,000 in revenues collected from rentals, commissions, fees, parking fees and 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, as reported in the state accounting system $7,800,000

1102-3214.. For the state transportation building; provided, that the division may expend revenues collected up to a maximum of $7,600,000 from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building for the maintenance and operation of said building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ... $7,600,000

1102-3231.. For the Springfield state office building; provided, that the division may expend not more than $850,000 in revenues from rents charged to agencies occupying the building for the maintenance and operation of the building; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system.................................. $850,000

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

Bureau of State Office Buildings.

1102-3301.. For the operation of the bureau and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of buildings; provided, that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau ........................... $6,843,449

1102-3302.. For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings $7,485,633

1102-3306.. For the maintenance and joint operation of the state house under the jurisdiction of the state superintendent of state office buildings and the legislature’s joint committee on rules; provided, that the bureau shall work in coordination with the house of representatives and the senate relative to the maintenance, repair, purchases and payments for materials and services .................................. $774,135

1102-3307.. For state house accessibility coordination, including communications access to public hearings and meetings .................. $245,824

Office on Disability.

1107-2400.. For the office on disability ............................ $759,477

Disabled Persons Protection Commission.

1107-2501.. For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means no 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: (a) the number of claims found to be substantiated; (b) the number of claims found to be unsubstantiated; and (c) the number of claims found to be falsely reported as a result of intentional and malicious action; and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline are capable of being recorded, that all persons who call the hotline are immediately informed that all calls are routinely recorded and that each such person is provided with the opportunity to elect that the call not be recorded ................... $2,328,012

Civil Service Commission.

1108-1011.. For the civil service commission; provided, that the General Fund shall be reimbursed for the appropriation herein through a fee charged on a per claim basis; provided further, that said commission shall develop and implement regulations to implement said reimbursement to the General Fund; and provided further, that the civil service commission shall have the power to assess a fee upon the appointing authority when inappropriate action has occurred ....................... $542,613

Group Insurance Commission.

1108-5100.. For the administration of the group insurance commission; provided, that the commission shall generate the maximum amounts allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws................................ $3,077,738

1108-5200.. For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2009; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2009, and any unexpended balance in this item shall revert to the General Fund on June 30, 2009; provided, that the secretary of administration and finance shall charge the division of unemployment assistance and other departments, authorities, agencies and divisions, which have federal or other funds allocated to them for this purpose, for that portion of insurance premiums and plan costs as the secretary determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that funds may be expended from this item for the commonwealth’s share of group insurance premium and plan costs provided to employees and retirees in prior fiscal years; provided further, that the group insurance commission shall report quarterly to the house and senate committees on ways and means the amounts expended from this item for prior year costs; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other agencies and authorities not funded by state appropriation; provided further, that the secretary of administration and finance may charge all agencies for the commonwealth’s share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than 1 year; provided further, that the amounts received in payment for the charges shall be credited to the General Fund; provided further, that notwithstanding section 26 of chapter 29 of the General Laws, the commission may negotiate, purchase and execute contracts before July 1 of each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that notwithstanding chapter 150E of the General Laws and as provided in section 8 of chapter 32A and for the purposes of section 14 of chapter 32A, the commonwealth’s share of the group insurance premium for state employees who have retired before July 1, 1994, shall be 90 per cent and the commonwealth’s share of the group insurance premium for state employees who have retired on or after July 1, 1994, shall be 85 per cent; provided further, that the commonwealth’s share of the group insurance premium for active employees upon retirement shall be 85 per cent; provided further, that the commonwealth’s share of the premiums for active state employees and their dependents shall be 85 per cent; provided further, that the commonwealth’s share of the premiums for active state employees hired after June 30, 2003, and their dependents shall be 80 per cent; provided further, that the commission shall notify the house and senate committees on ways and means by March 15 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; and provided further, that the group insurance commission may pay premium and plan costs for municipal employees and retirees who are enrolled in the group insurance commission’s health  plans pursuant to the commission’s regulations...................... $830,933,764

1108-5201.. For the costs incurred by the group insurance commission associated with providing municipal health insurance coverage pursuant to section 19 of chapter 32B of the General Laws; provided, that the commission may expend revenues in an amount not to exceed $1,000,000 from the revenue received from administrative fees associated with providing municipal health insurance coverage pursuant to said section 19 of said chapter 32B; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system....................................................... $1,000,000

1108-5350.. For elderly governmental retired employee premium payments $714,237

1108-5400.. For the costs of the retired municipal teachers’ premiums and the audit of such premiums...................................... $84,636,654

1108-5500.. For the costs, notwithstanding chapter 32A of the General Laws to the contrary, of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivision, who are not otherwise provided those benefits pursuant to a separate appropriation or the terms of a contract or collective bargaining agreement; provided, that the employees shall pay 15 per cent of the monthly premium established by the commission for the benefits............................................... $7,366,759

Division of Administrative Law Appeals.

1110-1000.. For the operation of the division of administrative law appeals, established by section 4H of chapter 7 of the General Laws; provided, that the division shall maintain, to the fullest extent practicable, a complete physical and technological separation from any agency, department, board, commission or program whose decisions, determinations or actions may be appealed to it; provided further, that every decision issued by a commissioner or other head of agency, or designee, following the issuance of a recommended decision by an administrative law judge of the division, shall be an agency decision subject to judicial review pursuant to chapter 30A of the General Laws; and provided further, that funds shall be expended for the processing and adjudication of all pending and newly-filed department of environmental protection appeals....................................................... $1,418,052

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. ....................................................... $1,273,692

1120-4006.. The George Fingold Library may expend revenues collected up to a maximum of $20,000 from the fees charged for copying services; provided, that the Library shall submit a report that details revenue collected and expenditures made to the house and senate committees on ways and means on or before January 1, 2009 ............................. $20,000

Department of Revenue.

1201-0100.. For the operation of the department of revenue, including tax collection administration and audits of certain foreign corporations; provided, that the department may allocate an amount not to exceed $250,000 to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department shall maintain regional offices in the cities of Springfield, Pittsfield, Fall River, and Worcester and in the Hyannis section of the town of Barnstable; provided further, that the department shall provide to the general court access to the municipal data bank; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; provided further, that the department shall conduct a review of revenue generating and cost saving proposal, including, but not limited to (a) the use of affinity credit cards in the Commonwealth; and (b) establishing a single point of contact to coordinate federal financial assistance; provided further, that the results of said review shall be reported to the secretary of administration and finance and the house and senate committees on ways and means no later than February 1, 2009; provided further, that seasonal positions funded by this account may not be filled by an incumbent for more than 10 months within a 12 month period; provided further, that the department shall conduct a pilot public awareness and education outreach campaign about state and local tax credits, deductions, deferrals and exemptions and other tax information available to persons age 65 and over including, but not limited to, section 6 of chapter 62 and section 5 of chapter 59 of the General Laws; provided further, that the department shall work in conjunction with the executive office of elder affairs in disseminating information and conducting the campaign; provided further, that the department shall conduct the campaign from July 1, 2008, to April 15, 2009, inclusive, and shall report their efforts to the house and senate committee on ways and means and the joint committee on elder affairs not later than May 15, 2009; and provided further, that the department shall also file an interim report to the house and senate committee on ways and means and the joint committee on elder affairs not later than January 1, 2009..................................................... $119,073,397

General Fund........................... 95.0%
Highway Fund............................ 5.0%

1201-0118.. For the operation of the division of local services.... $6,242,559

1201-0130.. The department of revenue may expend for the operation of the department an amount not to exceed $16,330,000 from revenues collected by the additional auditors for an enhanced audit program; provided, that the auditors shall: (1) discover and identify persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth; (2) obtain said delinquent returns; and (3) collect such delinquent taxes for a prior fiscal year; provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses, and the comptroller may certify for payment, amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to, the following: the amount of revenue produced from these additional auditors; and the amount of revenue produced by this item in fiscal years 2005, 2006, 2007, and 2008............... $16,330,000

1201-0160.. For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities, and that those agencies may expend the funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of said funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for the network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of the authorization or the most recent revenue estimate as reported in the state accounting system for federal incentives and said network in accounts 1201-0161, 1201-0410 and 1201-0412; $52,012,766

1201-0164.. For the child support enforcement division; provided, that the division may expend revenues in an amount not to exceed $6,547,280 from the federal reimbursements awarded for personnel and lower subsidiary related expenditures; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system................................ $6,547,280

The Governor has reduced the following item by $5,000,000
The Legislature overrode the Governor's veto.
1231-1000.. For the Commonwealth Sewer Rate Relief Fund, established in section 2Z of chapter 29 of the General Laws; provided, that the Massachusetts Water Resources Authority shall submit a report to the house and senate committees on ways means and the secretary of administration and finance no later than October 1, 2008 that shall include, but not be limited to, the following: (a) an analysis of the options for reducing operating costs of the authority; (b) the use of contracts with private entities for the operation and maintenance of facilities owned or operated by the authority; and (c) the cost savings and any legislation necessary to effectuate the proposed recommendations of the report $20,000,000

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

1232-0100.. For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws; provided, that in the prioritization of claims, consideration shall be given to claimants who own not more than 2 dispensing facilities................................. $18,200,000

1232-0200.. For the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board established by section 8 of chapter 21J of the General Laws and for the administration of the underground storage tank program associated with the implementation of said chapter 21J; provided, that notwithstanding section 4 of said chapter 21J or any other general or special law to the contrary, appropriations made in this item shall be sufficient to cover the administrative expenses of the underground storage tank program; provided further, that the board shall submit to the house and senate committees on ways and means a report on the status of the underground storage program, including, but not limited to, the number of municipal grants made for the removal and replacement of underground storage tanks and the reimbursements for remediated petroleum spills; provided further, that the report shall detail how many tanks are out of compliance with said chapter 21J; and provided further, that the report shall be submitted not later than February 16, 2009 ................................................... $1,791,327

1232-0300.. For underground storage tank municipal grants to remove and replace the tanks pursuant to section 2 of chapter 21J of the General Laws and section 37A of chapter 148 of the General Laws........... $465,406

1233-2000.. For the tax abatement program for certain veterans, widows, blind persons, and the elderly; provided, that cities and towns shall be reimbursed for the abatements granted pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Thirty-seventh, Thirty-seventh A and Fifty-second of section 5 of chapter 59 of the General Laws $17,241,130

1233-2006.. For reimbursements to cities and towns for additional exemptions from the motor vehicle excise granted pursuant to the seventh paragraph of section 1 of chapter 60A of the General Laws, as amended by sections 13 to 14 of chapter 260 of the acts of 2006............... $1,468,525

1233-2310.. For reimbursing cities and towns for taxes abated pursuant to the clauses Forty-first, Forty-first B and Forty-first C of section 5 of chapter 59 of the General Laws; provided, that the commonwealth shall reimburse each city or town that accepts said clause Forty-first B or clause Forty-first C for additional costs incurred in determining eligibility of applicants under those clauses in an amount not to exceed $2 per exemption granted............................... $9,890,345

Appellate Tax Board.

1310-1000.. For the operation of the appellate tax board; provided, that the board shall schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield, Springfield, Worcester and southeastern Massachusetts; and provided further, that the board shall report to the house and senate committees on ways and means not later than December 1, 2008 , on the number of hearings held at each location . $2,232,786

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

Reserves.

1599-0025.. For the secretary of administration and finance to provide the commonwealth’s customers with the convenience of expanded access to internet payment options and to improve revenue collections and cash flow; provided, that the secretary may expend an amount not to exceed $1,000,000 collected from payments made electronically to subsidize the costs associated with processing those payments; and provided further, that the secretary, in consultation with the comptroller, may enter into agreements with state agencies to provide for an electronic transaction fee subsidy, which shall be structured to expire after 3 years $1,000,000

1599-0042.. For a reserve to improve the quality of the commonwealth’s early education and care system; provided, that payments from said reserve shall be distributed by the department to increase reimbursement rates for subsidized early education and care; and provided further, that the increases shall be directed to expenditures for salaries, benefits, and stipends for professional development of early education and care workers or programmatic quality improvements .......... $5,000,000

1599-0045.. For a capital projects reserve; provided, that not less than $1,000,000 shall be expended to assist the YMCA of Greater Boston on capital projects approved by the board of directors of the YMCA; and provided further, that not less than $500,000 shall be expended for the United Teen Equality Center in Lowell......................... $1,500,000

1599-0050.. For Route 3 North contract assistance payments........ $23,700,846

1599-0093.. For contract assistance to the water pollution abatement trust for debt service obligations of the trust, pursuant to sections 6, 6A and 18 of chapter 29C of the General Laws....................... $67,489,026

1599-1004.. For a reserve to support the implementation of the recommendations of the special commission to end homelessness in the commonwealth under chapter 2 of the resolves of 2006, as amended by chapter 1 of the resolves of 2007; provided, that this implementation shall be developed in collaboration with the interagency council to end homelessness, as established in Executive Order 492; provided further, that the funding made available in this item shall support the implementation of a comprehensive plan to end homelessness in the commonwealth; provided further, that funding provided in this item shall be in addition to $1,750,000 in funding from the Massachusetts Housing Finance Agency; provided further, that the funding shall be made available for purposes recommended by the commission, including but not limited to, rental assistance, emergency assistance, and the development of assessment tools that will provide the necessary means to identify and serve homeless populations and those at-risk of homelessness; and provided further, that prior to the expenditure of funds from this item the secretary of administration and finance shall approve a spending plan to be submitted by the director of the department of housing and community development to the chairs of the house and senate committees on ways and means and the secretary of administration and finance by September 1, 2008 identifying the proposed current year expenditures by program and the annualized value of these expenditures in a format proscribed by the secretary ............................................. $8,250,000

1599-1970.. For a reserve for the Massachusetts Turnpike Authority for costs incurred in fiscal year 2008 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, 2009 , which shall include, but not be limited to, the following: (a) a detailed account of the administrative oversight exercised by either the secretary for administration and finance, the secretary of transportation or the department of highways for snow and ice control efforts, including an explanation of measures taken to verify services provided, audit vendor payment vouchers, or any other measures taken to ensure accountability relative to the expenditure of the state funds for snow and ice control efforts; and (b) a statement of how many salt storage facilities in the commonwealth are in conformity with section 7A of chapter 85 of the General Laws and how many are not........................................... $2,000,000

1599-2008.. For a reserve to fund the additional administrative costs associated with the design and implementation of initiatives to promote cost containment, transparency, and efficiency in the delivery of quality health care including, but not limited to: costs of personnel and overtime, contracts, and the purchase of new information technologies as necessary; provided, that the secretary of administration and finance may transfer from the sum appropriated herein to other items such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that the secretary may only transfer such amounts to other items within the executive office for administration and finance, the health care quality and cost council, the executive office of health and human services, the department of public health, the division of health care finance and policy, the office of Medicaid, the attorney general’s office, the inspector general’s office, the department of housing and community development, and the division of insurance............. $1,500,000

The Governor has reduced the following item by $1,220,000
The Legislature overrode the Governor's veto.
1599-2009.. For a reserve for Hale Hospital in the  city of  Haverhill $2,420,000

1599-3234.. For the commonwealth’s South Essex sewerage district debt service assessment................................................ $89,763

1599-3384.. For a reserve for the payment of certain court judgments, settlements and legal fees, in accordance with regulations promulgated by the comptroller, which were ordered to be paid in the current fiscal year or a prior fiscal year; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item........................ $2,500,000

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

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 $1,581,922

1599-4231.. For the fiscal year 2009 costs of the salary classification pool provided for in article 12 of the contract between the commonwealth and the National Association of Government Employees (Units 1, 3 and 6); provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2009 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means.............................................. $1,000,000

1599-4233.. For the fiscal year 2009 costs of the salary classification pool provided for in article 12 of the contract between the commonwealth and the Service Employees International Union (Units 8 & 10); provided, that the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2009 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means....................................................... $2,000,000

1599-4417.. For the operation of the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts at Boston’s McCormack Graduate School of Policy Studies........................ $541,000

1599-6901.. For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel earning less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this appropriation; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the executive office of health and human services shall condition the expenditure of appropriation upon assurances that the funds shall be used solely for the purposes of equal percentage adjustments to wages, compensation or salary; provided further, that not later than January 15, 2009, the executive office of health and human services shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving the adjustment in fiscal year 2009 and the average percentage adjustment funded herein; provided further, that the report shall also include, for each contract scheduled to receive any allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for early education and care services or programs for which payment rates are negotiated and paid as class rates as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that the total fiscal year 2009 costs of salary adjustments and any other associated employee costs authorized there under shall not exceed $23,000,000; provided further, that the executive office health and human services shall submit an allocation schedule to the house and senate committees on ways and means not less than 30 days after disbursement of funds; and provided further, that the annualized cost of the adjustments in fiscal year 2010 shall not exceed the amount appropriated herein $23,000,000

1599-7050.. For the purposes of administrative and program expenses associated with the settlement agreement in the case of Rosie D. et al v. Romney, civil action No. 01-30199- MAP , filed in the United States District Court, in order to provide community-based services to children suffering from severe emotional disturbances; provided, that the executive office of health and human services shall, not later than October 1, 2008 , and April 1, 2009 , submit to the executive office for administration and finance and to the house and senate committees on ways and means a report detailing the implementation plan to date as well as the results of the scheduled plan, which shall include a schedule detailing the commencement of services and the cost to implement the settlement by service type.......................................... $25,000,000

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

Division of Human Resources.

1750-0100.. For the operation of the human resources division and the costs of administration, training, and customer support related to the commonwealth’s human resources and compensation management system; provided, that the information technology division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth’s human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary, the secretary of administration and finance shall charge a fee of not less than $50 to be collected from each applicant for a civil service examination; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards and reviewing appeals for reclassification; provided further, that the secretary for administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any collective bargaining agreements with the various classified public employees’ unions; provided further, that the nature and scope of economic proposals contained in those agreements shall include all fixed percentage or dollar based salary adjustments, non-base payments or other forms of compensation and all supplemental fringe benefits resulting in any incremental costs; and provided further, that any employee of the commonwealth who chooses to participate in a bone marrow donor program or an organ donor transplant program shall be granted a leave of absence with pay to undergo the medical procedure and for associated physical recovery time, but this leave shall not exceed 5 days .................................................. $4,225,345

1750-0102.. The human resources division may expend not more than $1,627,500 from revenues collected from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions, and the general public fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil examination, notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ............................... $1,627,500

1750-0111.. For the planning and implementation of a civil service continuous testing program and the operation of the bypass appeals process program; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the number of tests administered and the amount of revenue collected through the program ......................................................... $106,058

1750-0119.. For payment of workers’ compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify the former employees pursuant to current workers’ compensation procedures ................. $76,350

1750-0201.. The human resources division may expend not more than $800,000 from revenues collected for implementation of the medical and physical fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel administrator shall charge a fee of not less than $50 to be collected from each applicant who participates in the physical ability test; provided further, that the human resources division shall submit a semi-annual report to the house and senate committees on ways and means detailing all expenditures on the program including, but not limited to, the costs of personnel, consultants, administration of the wellness program, establishment of standards and any other related costs of the program; and provided further, that the division shall report to the house and senate committees on ways and means by February 2, 2009 , on the projected costs of the program for fiscal year 2009 ........................................ $800,000

1750-0300.. For the commonwealth’s contributions in fiscal year 2009 to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that the contributions shall be calculated as provided in the applicable collective bargaining agreement and shall be paid to the health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides ...................................................... $27,800,000

Operational Services Division.

1775-0100.. For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to this act; provided further, that notwithstanding any general or special law to the contrary, the division of purchased services of the operational services division which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set the prices in fiscal year 2009 by increasing the final fiscal year 2008 price by the rate of inflation as determined by the division; provided further, that the division shall also adjust prices for Extraordinary Relief, as defined in 808 CMR 1.06(4); provided further, that the department shall accept applications for Program Reconstruction in fiscal year 2009; provided further, that upon the request of a program, the operational services division shall authorize a minimum price for the program to charge out-of-state purchasers; and provided further, that the division shall determine the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rates of inflation which are established by December 1 of each year pursuant to section 274 of chapter 110 of the acts of 1993 in a compounded manner for each fiscal year following the most recent calculated price .......................... $2,093,556

1775-0102.. For the operation of the online procurement system ...... $541,791

1775-0124.. The operational services division may expend an amount not to exceed $500,000 from revenue collected in the recovery of cost-reimbursement and non-reimbursable over billing and recoupment for health and human service agencies and as a result of administrative reviews, as determined during the division’s audits and reviews of providers pursuant to section 274 of chapter 110 of the acts of 1993; provided, that the division may only retain revenues collected in excess of $207,350 ................................................ $500,000

1775-0600.. The operational services division may expend not more than $150,000 in revenues from the sale of state surplus personal property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel ............................................ $150,000

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

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

1775-1100.. The operational services division may expend not more than $600,000 in revenues collected from the disposal of surplus motor vehicles, including, but not limited to, state police vehicles from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; provided, that the division shall evaluate the use of technology, the internet, and online auctions to enhance the sales of surplus vehicles and submit a report of its findings to the house and senate committees on ways and means, and the house and senate committees on post audit and oversight on or before October 1, 2008 ; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the operational services division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel ............................................ $600,000

1775-1101.. For the operation of the affirmative marketing program, housed within the operational services division, for costs associated with the administration of services for minority and women business owners to develop and maintain equitable practices and policies in the public marketplace ............................................. $291,124

Information Technology Division.

1790-0100.. For the operation of the information technology division; provided, that the division shall continue a chargeback system for its bureau of computer services including the operation of the commonwealth’s human resources and compensation management system, which complies with the requirements of section 2B; provided further, that the division shall develop a formula to determine the cost that will be charged to each agency for its use of the human resources and compensation management system; provided further, that the division may coordinate with any state agency or state authority which administers a grant program to develop a statewide grant information page on the commonwealth’s official worldwide web site, that shall include all necessary application forms and a grant program reference in a format that is retrievable and printable; provided further, that the 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, 2009 , with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2009 ; provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item; provided further, that any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000 including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for the project or purchase; and provided further, that the chief information officer may establish rules and procedures necessary to implement this item ...................... $5,366,479

1790-0300.. The information technology division may expend not more than $601,850 from revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment ........................... $601,850

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.
Office of the Secretary.

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2000-0100.. For the operation of the office of the secretary of energy and environmental affairs, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws, the mosquito-borne disease vector control chapter program, and a central data processing center for the secretariat; provided, that the secretary of energy and environmental affairs may enter into interagency agreements with any line agency within the secretariat, whereby the line agency may render data processing services to said secretary; provided further, that the comptroller may allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged; provided further, that said secretary shall file a plan with the house and senate committees on ways and means 20 days before entering into any interdepartmental service agreements with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that the secretary shall file a plan with the house and senate committees on ways and means and to the joint committee on environment, natural resources and agriculture 90 days prior to the initiation of any proposal or plan that would consolidate any function with any of the departments or divisions under said secretariat or any department, division or office under the executive office of administration and finance; provided further, that the plan shall include, but not be limited to, the following: (a) an identification of the employees that would be affected by consolidation and the item of appropriation that they are paid from; (b) the savings or efficiencies to be realized; (c) the improvements to the services expected; and (d) the source and amount of funding necessary to accomplish the consolidation; 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 to the University of Massachusetts Lowell’s Technical Assistance and Research Center for Housing and Sustainability to develop an outreach partnership with the executive office of energy and environmental affairs based on the Green Building Initiative; provided further, that not less than $70,000 shall be expended for the Falmouth Kids Global Climate Change Institute;  provided further, that $118,308 shall be expended to the town of Rutland; provided further, that not less than $150,000 shall be expended for a one to one matching grant to the Cape Cod Bay sanctuary program; provided further, that not less than $150,000 shall be expended for a coastal water quality and natural resource monitoring program in Buzzards Bay administered by The Coalition for Buzzards Bay; provided further, that not less than $125,000 shall be expended for the hillside restoration project located in the town of Boylston; and provided further, that not less than $100,000 shall be expended for “Horizons for Youth” property in Sharon ............................. $7,773,765

2000-9900.. For the office of geographic and environmental information established in section 4B of chapter 21A of the General Laws ........ $296,032

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

2010-0100.. For recycling and related purposes consistent with the recycling plan of the solid waste master plan which includes municipal equipment, a municipal recycling incentive program, recycled product procurement, guaranteed annual tonnage assistance, recycling transfer stations, source reduction and technical assistance, consumer education and participation campaign, municipal household hazardous waste program, the recycling loan program, research and development, recycling market development and recycling business development, and the operation of the Springfield materials recycling facility; provided, that funds may be expended for a recycling industry reimbursement program pursuant to section 241 of chapter 43 of the acts of 1997; and provided further, that funds may be expended on municipal recycling incentives and equipment grants....................................... $2,111,987

2010-0200.. For redemption centers; provided, that the department of environmental protection shall expend the funds appropriated in this item for a program to preserve the continuing ability of redemption centers to maintain operations in pursuit of the commonwealth’s recycling goals consistent with section 323 of chapter 94 of the General Laws; provided further, that for the purposes of this item and said chapter 94, a redemption center shall be any business registered with the commonwealth whose primary purpose is the redemption of reusable beverage containers; provided further, that the program shall take into consideration the volume of redeemables per redemption center, the length of time the center has been in operation, the number of returnables redeemed quarterly by the centers, the submission by the centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; and provided further, that a redemption center shall be eligible for the funds if registered with the commonwealth as of April 1, 2003 ......................... $550,000

2020-0100.. For toxics use reduction technical assistance and technology in accordance with chapter 21I of the General Laws........ $1,711,245

The Governor has reduced the following item by $107,334
The Legislature overrode the Governor's veto.
2030-1000.. For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; provided further, that the department shall maintain and operate the boat registration and titling offices in Hyannis and Fall River; provided further, that not less than $150,000 shall be expended for the costs of patrols performed by environmental law enforcement officers within properties controlled by the department of conservation and recreation; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004............................................. $11,570,989

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

Department of Public Utilities.

2100-0012.. For the operations of the department of public utilities; provided, that notwithstanding the second sentence of the first paragraph of section 18 of chapter 25 of the General Laws, the assessments levied for fiscal year 2009 under that paragraph shall be made at a rate sufficient to produce $6,618,993..................................... $6,618,993

2100-0013.. For the operation of the transportation division......... $593,360

2100-0014.. The department of public utilities may expend for the operation of the energy facilities siting board an amount not to exceed $75,000 from application fees collected in fiscal year 2009 and prior fiscal years from utility companies ................................... $75,000

2100-0015.. The department of public utilities may expend for the operation of the transportation division an amount not to exceed $2,300,000 from unified carrier registration fees collected in fiscal year 2009 and prior fiscal years from motor carrier companies .................... $2,300,000

Department of Environmental Protection.

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2200-0100.. For the operation of the department of environmental protection, including the environmental strike force, the office of environmental results and strategic planning, the bureau of resource protection, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research; provided, that section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to section 18 of chapter 21A of the General Laws; provided further, that not more than $200,000 shall be expended for a wastewater management study and environmental impact report for the town of Acushnet; provided further, that $200,000 shall be expended for the administration and enforcement of the mercury management act; provided further, that $168,000 shall be expended for sediment control in Lake Webster; provided further, that no less than $100,000 shall be expended for the town of Marblehead; provided further, that no less than $67,660 shall be expended for the town of Spencer for a drinking water revolving fund; provided further, that no less than $50,000 shall be expended for the Buzzards Bay National Estuary Municipal Grant Program; provided further, that not less than $30,000 be expended for erosion protection at the Center Cemetery in the town of Gill; provided further, that not less than $15,000 shall be expended for emergency milfoil control of Noyes Pond in the town of Tolland; and provided further, that the department may investigate ways to ease the financial burden on municipalities of compliance with state and federal mandates, whether imposed judicially, statutorily, or through regulation, regarding clean water requirements, including, but not limited to, the extension of time period for compliance and financing .................. $36,272,524

2200-0102.. For the department of environmental protection which may expend an amount not to exceed $1,200,000 from revenues collected from fees collected from wetland permits; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that the department shall submit a report by January 12, 2009 on implementation of the wetlands fee, the amount of the fee increase and the revenue that has been collected; and provided further, that the wetlands fees that will be directed into the General Fund shall not be lower than the amount deposited at the end of fiscal year 2004............... $1,200,000

2210-0100.. For the implementation and administration of chapter 21I of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means not later than February 1, 2009 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 .... $1,007,733

2220-2220.. For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto-related state implementation program, the low emission vehicle program, the non-auto-related state implementation program, and the commonwealth’s commitments under the New England Governor’s/Eastern Canadian Premier’s Action Plans for reducing acid rain deposition and mercury emissions ..................................... $1,079,944

2220-2221.. For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act $2,104,090

2250-2000.. For the purposes of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws ....................................................... $1,674,347

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2260-8870.. For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 4 of chapter 21J of the General Laws; provided, that not less than $90,000 shall be provided for the city of Lynn ......................................... $16,662,923

2260-8872.. For the brownfields site audit program................. $1,911,111

2260-8881.. For the operations of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws............................................. $414,879

Department of Fish and Game.

The Governor has reduced the following item by $46,337
The Legislature overrode the Governor's veto.
2300-0100.. For the office of the commissioner; provided, that the commissioner’s office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the riverways programs, and all other programs under the control of the department of fish and game; provided further, that the purpose of those assessments shall be to cover appropriate administrative costs of the department, including but not limited to payroll, personnel, legal and budgetary costs; provided further, that the amount and contribution from each division or program shall be determined by the commissioner of fish and game; provided further, that $50,000 in matching funds shall be provided to the National Marine Life Center, Inc. for animal care; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than October 1, 2008 that details the level of assessments to each department under the control of the office of the commissioner in fiscal years 2007 and 2008...................................... $793,896

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................ $650,000

2310-0200.. For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration of fish hatcheries, the improvement and management of lakes, ponds and rivers, for fish and wildlife restoration projects, the commonwealth’s share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds from this item shall be made available to the University of Massachusetts at Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2008 for such research; provided further, that $200,000 shall be expended to continue to operate fish hatcheries in the towns Montague and Sandwich; provided further, that the department may expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; provided further, that expenditures for such programs shall be contingent upon prior approval of the proper federal authorities for reimbursement of at least 75 per cent of the amount so expended; and provided further, that funds may be expended to supplement the natural heritage and endangered species program... $10,327,287

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

2310-0300.. For the operation of the natural heritage and endangered species program......................................................... $250,000

2310-0306.. For the hunter safety training program................... $497,148

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

2310-0316.. For the purpose of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections 2A and 2C of chapter 131 of the General Laws; provided, that funds shall not be expended from this item in the AA object class for the compensation of state employees assigned to any item .. $1,500,000

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

2310-0317.. For the waterfowl management program established pursuant to section 11 of chapter 131 of the General Laws ....................... $85,000

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

2320-0100.. For the administration of the public access board, including the maintenance, operation, and improvements of public access land and water areas; provided, that positions funded in this item shall not be subject to chapter 31 of the General Laws ....................... $635,647

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
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 the sum expended for the school for marine science and technology for research to minimize the economic impact of new fisheries management regulations shall not be reduced from fiscal year 2008 levels except in proportion to adjustments consistent with the department’s budget adjustments; 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 $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 Barnstable County Department of Health and the 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 division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote it’s sustainability; and provided further, that not less than $47,000 shall be expended for fishermen safety training for the city of New Bedford . $5,700,068

2330-0120.. For the division of marine fisheries for a program of enhancement and development of marine recreational fishing and related programs and activities, including the cost of equipment maintenance, staff and the maintenance and updating of data ........................ $609,040

2330-0121.. For the division of marine fisheries to utilize reimbursable federal 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.

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2511-0100.. For the operation of the department of agricultural resources, including the division of administration, the expenses of the board of agriculture, the division of dairy services, division of regulatory services, the division of animal health, the division of agricultural technical assistance, the division of crop management and inspectional services, including a program of laboratory services at the University of Massachusetts at Amherst, the expenses of the pesticides board, and the division of agricultural development and fairs; provided, that not less than $45,000 shall be expended for shellfish propagation on the islands of Martha’s Vineyard and Nantucket to be administered jointly by the state aquaculture coordinator and Dukes and Nantucket counties; provided further, that not less than $10,000 shall be made available to the Massachusetts Specialty Foods Association; provided further, that $100,000 shall be expended for 4H activities from this item; provided further, that $50,000 shall be expended on the YouthGROW program; provided further, that not less than $200,000 shall be expended to enhance the buy local effort in western, central, northeastern, and southeastern Massachusetts; provided further, that not less than $50,000 shall be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board; and provided further, that the department shall, to the extent possible, encourage corporate sponsorships for the purposes of providing agricultural fair prizes................................................. $5,506,927

2511-0105.. For the purchase of supplemental foods for the Massachusetts emergency food assistance program within the America’s second harvest nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall reflect the America’s second harvest allocation formula, to benefit the four regional food banks in Massachusetts: The Greater Boston Food Bank, Merrimack Valley Food Bank, The Food Bank of Western Massachusetts and Worcester County Food Bank; and provided further, that the department may assess an administrative charge not to exceed 2 per cent of the total appropriation herein ...................................................... $12,000,000

2511-2000.. For the Agricultural Innovation Center; provided, that the Agricultural Innovation Center shall provide a broad range of technical and business development services to the commonwealth’s agricultural producers that may add value to the producers, products and services; provided further, that the Agricultural Innovation Center shall develop an outreach program to identify and foster new, innovative ideas and approaches to adding value to the commonwealth’s agricultural economy; and provided further, that the Agricultural Innovation Center shall solicit requests from the commonwealth’s agricultural industry for funding and technical assistance in training, marketing, distribution, applied research, agri-tourism, aquaculture, forestry, processing, fiber and agricultural resource management ................................... $1,500,000

2511-3002.. For the Integrated Pest Management program .............. $300,593

Department of Conservation and Recreation.

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2800-0100.. For the operation of the department of conservation and recreation; provided, that said department shall enter into an interagency service agreement with the department of state police to provide police coverage on department of conservation and recreation properties and parkways; provided further, that the department of state police shall reimburse said department of conservation and recreation for costs incurred by said department including, but not limited to, vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding any general or special law to the contrary, all offices and positions of the division performing construction activities for the department of conservation and recreation shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further, that notwithstanding section 3B of chapter 7 of the General Laws, the department shall establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the department; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments not later than February 13, 2009; provided further, that notwithstanding any general or special law or administrative bulletin to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the operational services division; provided further, that no funds shall be expended from this item for personnel overtime costs; provided further, that the department of conservation and recreation shall provide the house and senate committees on ways and means with a 30 day notice before any intersubsidiary transfers or interagency service agreements and the reason for said transfer; provided further, that the amount transferred pursuant to interagency service agreements shall not increase from fiscal year 2008; 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 file a report with the house and senate committees on ways and means not later than December 15, 2008, detailing the merger of the former metropolitan district commission with the former department of environmental management into the department of conservation and recreation; provided further, that said report shall detail the efficiencies that have been achieved from said merger; provided further, that said report shall detail the areas of the department where efficiencies have been achieved from the sharing of resources; provided further, that said report shall provide a plan to fully integrate all aspects of the department and said plan shall provide any recommendations that are necessary to improve the department; provided further, that notwithstanding any general or special law to the contrary, the department shall continue to fund a maintenance contract for daily trash removal at Revere beach through proceeds received by the city of Revere and the department pursuant to section 29 of chapter 236 of the acts of 2002 and section 2 of this act; provided further, that not less than $200,000 shall be expended for the operation of the Bellegarde Boathouse in the city of Lowell; provided further, that not less than $250,000 shall be expended for the purpose of aquatic management for the Wekepeke Reservoir in the town of Sterling; provided further, that a bench may be erected within Webb Memorial State Park honoring the memory of Brenda Dunker for her life as a selfless volunteer for many worthy causes and for the gardening enthusiasm and skill she graciously displayed in enhancing the beauty and prestige of Webb Memorial State Park and that a suitable marker bearing this designation shall be placed on the memorial bench by the department of conservation and recreation in compliance with the standards of the department; provided further, that not less than $150,000 shall be expended to the town of Shutesbury for the purpose of aquatic management for Lake Wyola; provided further, that $100,000 shall be allocated to completing Resource Management Plans for state parks and urban parks in the commonwealth; provided further, that not less than $100,000 shall be expended for the DCR Park Rangers mounted unit in the Blue Hills Reservation; provided further, that not less than $100,000 shall be expended for the Massachusetts Hummocks Park as owned and operated by the department; provided further, that not less than $60,000 shall be expended for the Martha’s Vineyard Commission; and provided further, that not less than $32,000 shall be expended for Opticom at the site of the Revere Public Safety Facility ............. $7,389,872

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2800-0101.. For the watershed management program to operate and maintain reservoirs, watershed lands and related infrastructure of the department and the office of water resources in the department of conservation and recreation; provided, that $500,000 shall be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land; provided further, that the amount of the payment shall be charged to the General Fund and shall not be included in the amount of the annual determination of fiscal year charges to the Massachusetts Water Resources Authority assessed to the authority under the General Laws; provided further, that not less than $100,000 shall be expended for Pine Tree Brook in the town of Milton; provided further, that not less than $100,000 shall be expended for a grant to the town of Hopkinton for the North Pond Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton; provided further, that $50,000 shall be expended for the maintenance of invasive aquatic weeds on the Charles River in Auburndale; provided further, that not less than $100,000 shall be expended for invasive weed control on the Charles river in Waltham; provided further, that $48,000 shall be expended for the flood control activities undertaken by the Thames river valley communities of Massachusetts in conjunction with the state of Connecticut; provided further, that not less than $35,000 shall be expended for storm water remediation along the Cole River or Lees River by the town of Swansea; provided further, that $40,000 shall be expended for aquatic nuisance control in Sluice Pond and Flax Pond in the city of Lynn; provided further, that no less than $30,000 shall be expended for Eel Pond in the town of Mattapoisett; provided further, that no less than $25,000 shall be expended for aquatic weed control for Upper Mystic Lake in Winchester; provided further, that no less than $15,000 shall be expended for aquatic weed control for Winter Pond in Winchester; and provided further, that not less than $15,000 shall be expended for the Merrimack River Watershed Council ..................... $2,060,310

The Governor has reduced the following item by $150,000
The Legislature overrode the Governor's veto.
2800-0401.. For a program to provide stormwater management for all properties and roadways under the care, custody and control of the department of conservation and recreation; provided, that the department shall develop and implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all existing stormwater infrastructure, assess its current stormwater practices, analyze long term capital and operational needs, and develop a stormwater management plan to comply with federal and state regulatory requirements; and provided further, that in order to protect public safety and to protect water resources for water supply, recreational and ecosystem uses, the department shall immediately implement interim stormwater management practices including, but not limited to, street sweeping, inspection and cleaning of catch basins, and emergency repairs to roadway drainage...... $1,094,643

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2800-0500.. For the upkeep of the freshwater and saltwater beaches under the control of the department of conservation and recreation; provided, that all beaches shall remain open and staffed from Memorial Day through Labor Day; provided further, that the beaches shall be fully maintained; provided further, that not less than $75,000 shall be expended for the North and South rivers Watershed association for the purposes of restoring the North and South rivers and their tributaries to met clean water act standards; provided further, that not less that $50,000 shall be expended for the cleanup of Pilayella Algae on Kings Beach and Long beach in Lynn;  provided further, that no less than $35,000 shall be expended for the cleanup of Pilayella algae on Nahant Beach Reservation; provided further, that not less than $100,000 shall be expended for the Jones River Watershed Association of Kingston; provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008 , that shall include, but not be limited to, the following: (1) the amount of funding provided to each beach under the control of the department in fiscal years 2007 and 2008; (2) a breakdown of how the funds were spent for each beach and the services that were provided; (3) the items of appropriation used to provide funding; (4) the amount of funding to be provided for each beach in fiscal year 2009 from this item; and (5) a list of the services or materials for each beach that will be provided from this item; and provided further, that not less than $1,000,000 shall be expended for personnel for the metropolitan beaches commission, as recommended by the Beaches We Can Be Proud Of report which was prepared for the metropolitan beaches commission........................ $4,303,025

2800-0600.. For the pools and spray pools under the control of the department of conservation and recreation; provided, that all pools and spray pools shall remain open and staffed from Memorial Day through Labor Day; provided further, that the pools and spray pools shall have their full amount of required maintenance and upkeep; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008 , that shall include, but not be limited to, the following: (1) the amount of funding provided to each pool under the control of the department in fiscal years 2007 and 2008; (2) a breakdown of how the funds were spent for each pool and the services that were provided; (3) the items of appropriation used to provide funding; (4) the amount of funding to be provided for each pool in fiscal year 2009 from this item; and (5) a list of the services or materials for each pool that will be provided from this item $750,000

2800-0700.. For the office of dam safety; provided, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, establish and maintain a comprehensive inventory of all dams in Massachusetts, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety; provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 15, 2008 , that shall include, but not be limited to, the following: (a) the number of staff that are assigned from this item and their job title; (b) the number of dam inspections that are scheduled for fiscal year 2009; and (c) the number of dams that are in need of repairs or need to be replaced; provided further, that not less than $500,000 shall be directed toward the hiring of dam safety engineers; and provided further, that not less than $140,000 shall be expended for a hydraulic study of increasing the pumping capacity of the Amelia Earhart Dam on the Mystic River ....................... $1,175,428

2800-2000.. For the state licensed foresters program; provided, that the department of conservation and recreation may expend not more than $600,000 from revenues collected from the sale of timber for materials, supplies, equipment and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded in the Massachusetts management accounting and reporting system............... $600,000

2800-9004.. For certain payments for the maintenance and use of the Trailside Museum and the Chickatawbut Hill Education center............... $425,000

The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
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 the level of funding for the beaches and pools from this item in fiscal year 2009 shall not be reduced from fiscal year 2008; provided further, that not less than $400,000 shall be expended for amelioration of an area bounded by Middle, Garey and Commercial Streets in the town of Weymouth; provided further, that the department shall submit a report on the staffing levels at all state and urban parks to the house and senate committees on ways and means not later than January 30, 2009 , it shall include, but not be limited to, the following: (a) the number of staff assigned to each park; (b) the total number of visitors to each park; and (c) the total acreage of each park; provided further, that not less than $250,000 shall be provided to the Camp Marion and Mumford River Recreation Programs; provided further, not less than $200,000 shall be expended for the park and recreation center for the town of Holbrook; provided further, that not less than $185,000 shall be expended for the Schooner Ernestina Commission; provided further, that not less than $150,000 shall be expended for the toddler park in the city of Woburn; provided further, that not less than $200,000 shall be expended on the recreational facilities of Woburn high school; provided further, that $150,000 shall be expended for the Methuen Parks and Recreation Department; provided further, that not less than $100,000 shall be expended for eradication of invasive aquatic species in Lake Cochituate State Park; provided further, that not less than $100,000 shall be expended for the Heritage State Park located in the Roxbury section of the city of Boston; provided further, that not less than $50,000 shall be provided to the Lake Singletary Watershed Association; provided further, that not less than $20,000 shall be expended to the Chandler Pond Preservation Society; provided further, that not less than $25,000 shall be expended for the print shop building at Brook Farm Reservation in the West Roxbury section of the city of Boston; and provided further, that Watson’s Pond state park in Taunton and Ames Nowell state park in Abington shall remain open and appropriately staffed to allow public swimming and recreation for the season ............... $26,091,714

2810-0200.. For summer employment programs at department of conservation and recreation facilities; provided, that the programs shall include peer-led youth recreation and interpretive programs, a youth all-star band, and a park repair and improvement program by skilled and unskilled laborers; and provided further, that the programs shall provide opportunities for underprivileged populations, especially in economic development areas...................................... $2,024,405

2810-2000.. For the seasonal hires of the division of state parks and recreation, including hires for the forest fire control unit; provided, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired  before the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year  2008 shall continue to receive such benefits in fiscal year 2009 during the period of their seasonal employment; provided further, that no expenditures shall be made from this item other than for the purposes identified in this item; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period........................ $5,620,015

2810-2040.. The division of state parks and recreation may expend not more than $6,004,826 from revenue collected from fees charged by the division, including revenues collected from campsite reservation transactions from the automated campground reservation and registration program for additional expenses, upkeep and improvements to the parks and recreation system and for the personnel costs of seasonal employees; provided, that no funds from this item shall be expended for the costs of full-time equivalent personnel; provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that no expenditures made in advance of the receipts shall be permitted to exceed 75 per cent of the amount of revenues projected by the first quarterly statement required by section 1B; provided further, that the comptroller shall notify the house and senate committees on ways and means at the time subsequent quarterly statements are published of the variance between actual and projected receipts in each such quarter and the implications of that variance for expenditures made; and provided further, that the division may issue grants to public and nonpublic entities from this item .................................................. $6,004,826

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
2820-0100.. For the administration, operation and maintenance of the division of urban parks and recreation, including for the maintenance, operation and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody and control of the division, flood control activities of the division, purchase of all necessary supplies and related equipment, and the civilianization of crossing guards located at division intersections where state police previously performed such duties; provided, that the parkways, boulevards, roadways, bridges and related appurtenances under the care and custody of the metropolitan district commission in fiscal year 2003 shall remain solely under the jurisdiction, custody and care of the division of urban parks and recreation; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the rinks under the control of the department shall remain open and staffed for the full rink season; provided further, that the level of funding for the beaches and pools from this item in fiscal year 2009 shall not be reduced from fiscal year 2008; provided further, that not less than $55,000 shall be expended for the maintenance of Red Rock park on Lynn Shore drive in the city of Lynn, including $5,000 for the replacement of dead vegetation in the park; provided further, that not less than $450,000 shall be expended to the city of Lowell; provided further, that $250,000 shall be expended for a linked trail system for local and state parks along the Back River in the towns of Weymouth and Hingham; provided further, that not less than $225,000 shall be expended for the Southwest Corridor Park; provided further, that $297,000 shall be expended for the James Michael Curley Recreation Center in the city of Boston; provided further, that not less than $150,000 shall be expended for the Hill Park and the William G. Reinstein Complex in the city of Revere; provided further, that $75,000 shall be expended for the Esplanade in the city of Boston; provided further, that not less than $75,000 shall be expended for Eugene Lovely Field in Andover; provided further, that not less than $75,000 shall be expended for the Herter Center in the Christian A. Herter Park located in Allston-Brighton section of the city of Boston for the purpose of preserving educational and cultural materials that benefit the commonwealth; provided further, that not less than $50,000 shall be expended for the costs associated with the management of aquatic non-native plants in the Charles River lakes district; provided further, that not less than $50,000 shall be expended for the eradication of invasive aquatic weeds in the town of Wayland; provided further, that not less than $50,000 shall be provided for the ponds at Lake Street in the town of Acushnet; provided further, that not less than $50,000 shall be expended for the Fellsmere Pond Reservoir in the city of Malden; provided further, that not less than $50,000 shall be expended for public safety on the Deerfield and upper Connecticut River; provided further, that not less than $25,000 shall be expended for the eradication of invasive aquatic weeds in the town of Lincoln; provided further, that not less than $20,000 shall be expended for Squantum Park in the city of Quincy; provided further, that not less than $15,000 shall be expended for the Memorial Field in the town of Whitman; and provided further, that not less than $3,900 shall be expended on Senator Charles E. Shannon Crossing Guard Corps at the corner of Mystic avenue and Shore drive in the city of Somerville ...................................................... $29,701,754

2820-0101.. For the costs associated with the department’s urban park rangers specific to the security of the state house; provided, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house .... $2,002,812

2820-0200.. For seasonal hires of the division of urban parks and recreation; provided, that no funds in this item shall be used for year-round seasonals; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item are positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning not earlier than April 1 and ending not later than November 30, or beginning not earlier than September 1 and ending not later than April 30; and provided further, that notwithstanding said section 1 of said chapter 31, seasonal positions funded by this item shall not be filled by an incumbent for more than 8 months within a 12-month period ........... $3,150,000

The Governor has reduced the following item by $165,325
The Legislature overrode the Governor's veto.
2820-0300.. For the operation and maintenance of the central artery/tunnel parks and Spectacle island....................................... $1,603,959

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 energy and environmental affairs shall submit to the house and senate committees on post audit and oversight and the house and senate committees on ways and means a report detailing a snow emergency plan for roads, bridges and sidewalks under the care of the department of conservation and recreation by January 14, 2009 ; and provided further, that the secretary of energy and 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, 2008 , 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 2007 and 2008 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 ....................................................... $1,000,000

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, 2008 , and April 30, 2009 , 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 shall be positions requiring the services of an incumbent on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30..... $1,100,000

2820-4421.. For the operation and maintenance of the Leo J. Martin golf course; provided, that the division of urban parks and recreation may expend not more than  $1,100,000 from revenue collected from fees generated by the golf course; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, the division may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this account shall be positions requiring the services of an incumbent on either a full-time or less than a full-time basis beginning not earlier than April 1 and ending not later than November 30..... $1,100,000

2820-9005.. For the operation of street lighting on the division of urban parks and recreation parkways; provided, that no expenditure shall be made other than in the GG object class; provided further, that the department of conservation and recreation shall take all measures to further ensure that said department’s street lighting efforts are efficient and cost effective; and provided further, that said department shall implement a plan to achieve efficiencies and reduce lighting costs. $3,315,033

Division of Energy Resources.

7006-1000.. For the operation of the division of energy resources . $1,814,580

7006-1001.. For the residential conservation service program under chapter 465 of the acts of 1980, and the commercial and apartment conservation service program pursuant to section 11A of chapter 25A of the General Laws ......................................................... $201,631

7006-1003.. For the operation of the division of energy resources; provided, that notwithstanding any general or special law to the contrary, the amount assessed under section 11H of chapter 25A of the General Laws shall be equal to the amount expended from this item ............. $441,404

Department of Early Education and Care.

3000-1000.. For the administration of the department of early education and care and the costs of field operations and licensing provided through the department; provided, that funds from this item shall be expended on the development of a comprehensive evaluation system for all early education and care programs in the commonwealth; provided further, that the department shall report on the first business day of each month to the joint committee on education, the joint committee on children, families and persons with disabilities, the house and senate committees on ways and means, and the secretary of administration and finance on the unduplicated number of children on waiting lists for state-subsidized early education and care programs and services, including supportive child care services; provided further, that notwithstanding chapter 66A of the General Laws, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of elementary and secondary education, the department of transitional assistance, the department of social services and the department of public health may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes; provided further, that funds from this item shall be expended to develop an implementation plan for a workforce development system in collaboration with the board and commissioner of higher education, pursuant to section 5 of chapter 15D of the General Laws; provided further, that as part of the development of said workforce implementation plan, the department shall expend funds for the development of core competencies for those working with children in early education programs;  provided further, that the department shall issue a report, not later than February 16, 2009, on the status of the department’s programming to the secretary of administration and finance, the senate president, the speaker of the house, the chairpersons of the house and senate committees on ways and means, and the house and senate chairperson of the joint committee on education; provided further, that the report shall contain the proposed core competencies to be issued by the department, and the status and findings of the department’s quality rating system; provided further, that the report shall contain a multi-year plan for the alignment of rates and quality standards and for programs to move toward meeting the quality standards enumerated in item 3000-5075; provided further, that the report shall contain details on the implementation of universal pre-kindergarten grants, along with any legislative recommendations for the improvement of the program; provided further, that the report shall contain a multi-year plan for the alignment of all classroom based quality enhancement grants funded by the department in order to ensure fairness and consistency across all preschool grant programs; provided further, that the report shall include the department’s recommendations on the consistent implementation of accreditation assistance across the commonwealth; provided further, that the report shall include the number of early childhood educators and providers who have received such training, the estimated number who have requested such additional training, and a review and analysis of the most effective types of professional development; and provided further, that the report shall include the estimated number of preschool suspensions and expulsions that occur each year in the commonwealth, the relative frequency of each type of mental illness or behavioral issues among children receiving programs and services from the department, and an analysis of the most effective intervention strategies..................... $13,867,894

3000-2000.. For local and regional administration and coordination of services provided by child care resource and referral agencies and community partnerships for children lead agencies; provided, that funding for eligible early education and care activities shall include, but not be limited to, administrative costs of these agencies, program coordination and support, voucher management, outreach to hard to reach populations, intake and eligibility services for families seeking financial assistance to enroll in early education and care programs, resource and referral for families with disabilities in child care programs, support of comprehensive services for children and families, maintenance of the department’s centralized waiting list for state-subsidized early education and care, community-based programs that provide direct services to parents, walk-in services for homeless families, and comprehensive planning at the local level through interagency and community collaboration; provided further, that community partnership councils receiving grants distributed from this item shall not expend more than $4,625,533 for administrative costs, as defined by the department; provided further, that an additional $250,000 shall be made available by the department of early education and care for the administration of the vouchers by child care resource and referral agencies; provided further, that the department shall assist the community partnership councils receiving grants of less than $100,000 that choose to regionalize with the implementation of any regionalization plans; and provided further, that up to $500,000 may be expended on planning grants to assist local councils in expanding their mission beyond preschool-aged children to include the provision of comprehensive services, community collaboration, quality, and outreach efforts to all children served by the department regardless of age ...................................................... $25,410,771

3000-2050.. For the administration of the Children’s Trust Fund; provided, that the department shall not exercise any supervision or control with respect to the board.............................................. $1,349,658

3000-3050.. For supportive early education and care associated with the family stabilization program; provided, that funds from this item shall only be expended for early education and care costs of children with active cases at the department of social services; provided further, that the department of early education and care, in collaboration with the department of social services, shall maintain a centralized list detailing the number of children eligible for services in this item, the number of supportive slots filled, and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that all children eligible for services under this item shall receive said services; provided further, that if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and the secretary of administration and finance, a report detailing the amount of appropriation needed to address such deficiency; and provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000, 3000-4050 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before the transfer..................... $79,091,314

3000-4050.. For financial assistance for families currently involved with or transitioning from transitional aid to families with dependent children (TAFDC) to enroll in an early education and care program; provided, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded from this item and item 3000-3050 by category of eligibility; provided further, that the report shall include the number of recipients subject to subsection (f) of section 110 of chapter 5 of the acts of 1995 funded from this item; provided further, that recipients of benefits under the employment services program or any successor program, participants of any component activity under the program of transitional aid to families with dependent children, former recipients of transitional aid to families with dependent children who are employed during the year after termination of benefits, former recipients of transitional aid to families with dependent children participating in education or training programs authorized by department of transitional assistance regulations, parents under the age of 18 currently enrolled in an education or job training program who would qualify for transitional aid for families with dependent children, but for the deeming of grandparents’ income, and former recipients of transitional aid to families with dependent children who are employed or in an authorized period of job search as of the expiration of the transitional year, and require post-transitional early education and care vouchers, shall be paid for from this item; provided further, that all early education and care providers that are part of a public school system shall accept vouchers from recipients funded through this item; provided further, that early education and care for the children of teen parents receiving transitional aid to families with dependent children benefits, teen parents receiving supplemental security income payments and whose dependent children receive the aid, and teen parents at risk of becoming eligible for transitional aid to families with dependent children benefits shall be paid from this item; provided further, that all teens eligible for year-round full-time early education and care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations; provided further, that recipients of transitional aid shall not be charged fees for care provided under this item; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that all children eligible for services under this item shall receive the services; provided further, that the department of early education and care and the department of transitional assistance shall collaborate to study and present findings on the fiscal and policy impact of child care assistance to families currently receiving services in this item are not entitled to these services under DTA regulations or section 110 of chapter 5 of the acts of 1995, as amended by section 155 of chapter 43 of the acts of 1997; provided further, that the department shall issue a report to the house and senate committees on ways and means and the executive office for administration and finance no later than March 15, 2009, detailing: (a) the number of families receiving child care who are transitioning from cash assistance in each of the past 3 fiscal years, (b) of these families, the number of years each family has been receiving child care since their cash assistance benefits have been terminated, (c) the correlative fiscal and policy impact on item 3000-4060 should former TAFDC recipients be added as a priority population, (d) the correlative fiscal and policy impact on this item should former TAFDC recipients’ child care remain within this entitlement account, (e) the breakdown of the entire caseload of this item by TAFDC status and employment and training status, which shall be provided by the department of transitional assistance, and (f) the number of former TAFDC recipients who transition off child care benefits due to exceeding income-eligibility requirements; provided further, that if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and with the secretary of administration and finance, a report detailing the amount of appropriation needed to address such a deficiency; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2009..................................... $197,745,274

3000-4060.. For income-eligible early education and care programs; provided, that income-eligible programs shall not include the employment services early education and care program, transitional early education and care programs or post-transitional early education and care programs; provided further, that teen parents at risk of becoming eligible for that assistance may be paid from this item; provided further, that informal early education and care benefits for families meeting income-eligibility criteria shall be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that all early education and care providers that are part of a public school system shall accept early education and care vouchers from recipients funded through this appropriation; provided further, that the community partnership councils shall enroll any new children receiving services in fiscal year 2009 from the centralized waitlist maintained by the department under terms and conditions to be determined by the department including, but not limited to, a maximum rate capped at the seventy fifth percentile of the regional market rate; provided further, that children receiving services through this allocation shall retain priority status for future services available through the department upon attaining the age of 5; provided further, that the commissioner of the department of early education and care may transfer funds to this item from items 3000-1000 and 3000-4050, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; provided further, that not more than 3 percent of any item may be transferred in fiscal year 2009; provided further, that said plan shall be forwarded to the house and senate chairs of the joint committee on education, the chairs of the house and senate ways and means committees, and the secretary of administration and finance; provided further, that the department shall maintain not less than the same number of vouchers funded in fiscal year 2008; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary $213,569,917

3000-5000.. For grants to head start programs; provided, that funds from this item may be expended on early head start programs.......... $10,000,000

3000-5075.. For the Massachusetts Universal Pre-Kindergarten Program; provided, that funds from this item shall be expended on grants to improve the quality of and expand access to preschool programs and services to children from the age of 2 years and 9 months until they are kindergarten eligible, through a mixed system of service delivery including public, private, non-profit and for-profit preschools, child care centers, nursery schools, preschools operating within public and private schools and school districts, head start programs, independent and system-affiliated family child care homes; provided further, that funds shall be awarded directly to programs; provided further, that in awarding grant funds under this program, preference shall be given to establishing preschool classrooms in towns and cities with schools and districts at risk of or determined to be under-performing in accordance with sections 1J and 1K of chapter 69, schools and districts which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations, or which have been designated commonwealth priority schools or commonwealth pilot schools pursuant to said regulations, schools or districts with a high percentage of students scoring in levels 1 and 2 on the MCAS exams, or programs which serve children not less than 50 per cent of whom are from families earning at or below 85 per cent of the state median income; provided further, that funds may also be used to leverage and enhance community-wide capacity building efforts within statewide parameters established by the board; provided further, that all programs designated as Massachusetts Universal Pre-Kindergarten Program participants shall meet high program quality standards including those outlined in the Early Childhood Program Standards for Three and Four Year Olds and the Guidelines for Preschool Learning Experiences, and including appropriate standards for teacher and staff quality, teacher to child ratios and group size, age-appropriate curriculum and child assessment practices, kindergarten readiness assessments, comprehensive services like health and dental screenings and mental health supports where needed, transition to kindergarten policies, and program evaluation; provided further, that any newly-funded programs designated as Massachusetts Universal Pre-Kindergarten Program participants must have been accredited by the National Association for the Education of Young Children, the New England Association of Schools and Colleges, the National Association of Family Child Care or a Child Development Associate ( CDA ) credential or higher; provided further, that funds may be expended on programs working towards the designation of being a Massachusetts Universal Pre-Kindergarten Program participant; provided further, that programs shall have in place an assessment tool approved by the department, including but not limited to: Work Sampling, High Scope Child Observation Record, Creative Curriculum Developmental Continuum, or Ages and Stages; provided further, that remaining funds available after grants are made to eligible programs may be expended on programs working towards the designation of being a Massachusetts Universal Pre-Kindergarten Program participant; provided further, that the grant program shall be sufficiently flexible to serve families with various work schedules; provided further, that programs receiving grant funds may use the funds to enhance teacher and staff quality and compensation, enhance program ability to interpret and use assessment data effectively, enhance developmentally appropriate practice, incorporate ancillary services into the program, facilitate or provide access to wrap-around services for working families, or to increase capacity to expand access to age-eligible children on the centralized waitlist maintained by the department; provided further, that preference shall be given in awarding grants to those programs which demonstrate affordability for middle class and working class parents according to standards to be developed by the department; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary ......................................... $12,138,739

3000-6000.. For grants to early education and care providers in the commonwealth for the costs associated with accreditation by the National Association for the Education of Young Children, the National Association for Family Child Care, or such other accreditation agencies approved by the board; provided, that funds shall be distributed by the department with approval of the board; provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; and provided further, that, in order to ensure continuity in the accreditation process, the department shall provide continuation grants without further application to any local council which received funds last year, and which are engaged in ongoing accreditation projects ................................ $1,738,739

3000-6050.. For grants to provide professional development for early education and care providers to be distributed by the department with approval of the board; provided, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further, that the department shall only approve professional development courses and offerings with proven, replicable results in improving early education and care, and which shall have demonstrated the use of best practices, as determined by the department; provided further, that said professional development courses shall be aligned with core competencies identified by the department and with the Universal Pre-Kindergarten program quality standards; provided further, that the department shall encourage and support early childhood education and care providers to obtain associate and bachelor degrees through the Building Careers program model; and provided further, that not less than $250,000 shall be expended for the child development associate scholarships program ........................ $4,558,000

3000-6075.. For early childhood mental health consultation services in early education and care programs in the commonwealth; provided, that preference shall be given to those services designed to limit the number of expulsions and suspensions from said programs; and provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, child care resource and referral centers and other qualified entities .................................... $2,900,000

3000-7000.. For statewide neonatal and postnatal home parenting education and home visiting programs for at-risk newborns to be administered by the Children’s Trust Fund; provided, that the department shall collaborate with the Children’s Trust Fund, whenever feasible and appropriate, to coordinate services provided though this item with services provided through item 3000-7050 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department; provided further, that such services shall be made available statewide to parents under the age of 21 years; and provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents ................................ $13,192,235

3000-7050.. For grants to programs which improve the parenting skills of participants in early education and care programs in the commonwealth; provided, that not less than $5,395,694 shall be expended on the Mass Family Networks program; provided further, that not less than $3,100,000 shall be expended for grants for the home-based parenting, family literacy, and school readiness program known as the Parent-Child Home Program; provided further, that the department shall distribute said $3,100,000 not later than August, 2008 in order to allow a full year of service for families involved in these programs; provided further, that $1,000,000 shall be made available for matching grants to fund a Reach Out and Read program, to provide books to at-risk children through book distribution programs established in community health centers, medical practices, and hospitals for at-risk children; provided further, that the funds distributed through Reach Out and Read program shall be contingent upon a match of not less than $1 in private or corporate contributions for every $1 in state grant funding; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided though this item with services provided through item 3000-7000 in order to ensure that parents receiving services through this item are aware of all opportunities available to them and their children through the department........................ $9,555,694

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.

4000-0050.. For the operation of the personal care attendant quality workforce council established under section 29 of chapter 118G of the General Laws ......................................................... $300,000

The Governor reduced the following item and changed the following language.
The Legislature overrode the Governor's veto.
4000-0112.. For matching grants to boys’ and girls’ clubs, YMCA and YWCA organizations, nonprofit community centers, and youth development programs; provided, that the secretary shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further; that the secretary shall report to the house and senate committees on ways and means on the exact amount distributed in fiscal year 2009 by March 1, 2009 ; provided further, that not less than $3,300,000 shall be expended for the Massachusetts Alliance of Boys and Girls Clubs; provided further, that an amount not to exceed $50,000 shall be provided in a matching grant to the Methuen Branch of the Merrimack Valley YMCA; provided further, that not less than $155,000 shall be expended for the young parents program of the Newton Community Service Centers; provided further, that not less than $50,000 shall be expended for the Project Adventure Youth Leadership Program administered by Family Service, Inc. of Lawrence; provided further, that not less than $50,000 shall be expended for youth and family programs and improvements at the West Suburban YMCA; provided further, that not less than $100,000 shall be expended for the YWCA of Newburyport; provided further, that not less than $50,000 shall be expended to the Chelsea YMCA; provided further, that not less than $100,000 shall be expended for Square One, formerly the Springfield Day Nursery; provided further, that $125,000 shall be expended for the YMCA of Greater Worcester for the recruitment, implementation and evaluation of the YMCA Men’s Health and Families Program; provided further, that not less than $50,000 shall be expended to the Franklin Community Action Corporation for youth services; provided further, that $50,000 shall be expended for programs at the Athol Area YMCA; provided further, that $100,000 shall be expended for the Nazzaro Recreation Center; provided further, that not less than $150,000 shall be expended for nonprofit Youth  Services in Andover; provided further, that not less than $50,000 shall be expended for programs at the YWCA of Haverhill; provided further, that $50,000 shall be expended for the Oak Square YMCA in the Brighton section of the city of Boston;  provided further, that not less than $100,000 be expended for health and wellness programming at the YWCA of Greater Lawrence; provided further, that not less than $50,000 shall be expended for the Girls Incorporated of Holyoke; provided further, that an amount not to exceed $35,000 be provided in a matching grant to United Way of Tri-County for services at the Milford Youth Center; provided further, that not less than $500,000 shall be expended for youth programs in the commonwealth administered by the Cal Ripken, Sr. Foundation; provided further, that not less than $100,000 for Dot-Well youth services and out of school time activities; provided further, that not less than $100,000 shall be expended for the United Teen Equality Center in Lowell; provided further that not less than $50,000 shall be expended for a one-time matching grant for the YMCA Cape Cod for building purposes to comply with the American with Disabilities Act; provided further, that not less than $250,000 shall be expended for program and improvements at Children’s Friend and Family Services of Salem and Lynn; provided further, that not less than $80,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the public partnership program between the town of Saugus and the Saugus YMCA and YWCA; provided further, that not less than $50,000 shall be expended for Fit Students for Life, Inc., formerly Boston Boxing and Fitness, Inc.; provided further, that not less than $40,000 shall be expended for programs at the Fishing Academy, Incorporated; provided further, provided further, that not less than $5,000 shall be provided for the Gardner Community Action Committee Fellowship Table; provided further, that not less than $5,000 shall be provided for the Winchendon Community Action Committee Food Bank; and provided further, that not less than $50,000 shall be expended for the YMCA in East Boston ................................... $5,845,000

4000-0265.. For a primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the Commonwealth; provided, that the grant shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of the executive office of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds .............................. $1,700,000

The Governor struck out certain language.
4000-0300.. For the operation of the executive office, including the operation of the managed care oversight board; provided, that the executive office shall provide technical and administrative assistance to agencies under the purview of the secretariat receiving federal funds; provided further, that the executive office and its agencies, when contracting for services on the islands of Martha’s Vineyard and Nantucket, shall take into consideration the increased costs associated with the provision of goods, services, and housing on said islands; provided further, that the executive office shall monitor the expenditures and completion timetables for systems development projects and enhancements undertaken by all agencies under the purview of the secretariat, and shall ensure that all measures are taken to make such systems compatible with one another for enhanced interagency interaction; provided further, that the executive office shall continue to develop and implement the common client identifier; provided further, that the executive office shall ensure that any collaborative assessments for children receiving services from multiple agencies within the secretariat shall be performed within existing resources; provided further, that funds appropriated in this item shall be expended for the administrative, contracted services and non- personnel systems costs related to the implementation and operation of programs authorized by sections 9A to 9C, inclusive, and sections 16B and 16C of chapter 118E of the General Laws; provided further, that the costs shall include, but not be limited to, pre-admission screening, utilization review, medical consultants, disability determination reviews, health benefit managers, interagency service agreements, the management and operation of the central automated vendor payment system, including the recipient eligibility verification system, vendor contracts to upgrade and enhance the central automated vendor payment system, the Medicaid management information system and the recipient eligibility verification system MA21, costs related to the information technology chargebacks, contractors responsible for system maintenance and development, personal computers and other information technology equipment; provided further that not less than $500,000 will be made available for supplemental payments to one or more of the three largest Medicaid participating licensed non-profit chronic and rehabilitation hospitals with less than 500 beds, with Medicaid participation measured and ranked by the number of Medicaid days in the most recently completed fiscal year, but excluding for purposes of this clause any of such hospitals that are authorized to receive supplemental payments pursuant to line items 4000-0500 and 4000-0600; provided further, that 50 per cent of the cost of provider point of service eligibility verification devices purchased shall be assumed by the providers utilizing the devices; provided further, that the executive office shall assume the full cost of provider point of service eligibility verification devices utilized by any and all participating dental care providers; provided further, that in consultation with the division of health care finance and policy, no rate increase shall be provided to existing Medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that not more than $250,000 shall be expended to establish the Office of Health Equity within the executive office of health and human services; provided further, that subject to appropriation the executive office of health and human services may employ such additional staff or consultants or as it may deem necessary; provided further, the office may prepare an annual health disparities report card with regional disparities data, evaluate effectiveness of interventions, and replicate successful programs across the state; provided further, the office shall work with a disparities reduction program with a focus on supporting efforts by community-based health agencies and community health workers to eliminate racial and ethnic health disparities, including efforts addressing social factors integral to such disparities; provided further, that expenditures for the purposes of each item appropriated for the purpose of programs authorized by chapter 118E of the General Laws shall be accounted for according to such purpose on the Massachusetts management accounting and reporting system not more than 10 days after the expenditures have been made by the Medicaid management information system; provided further, that no expenditures shall be made for the purpose of programs that are not federally reimbursable, including those related to Titles XIX or XXI of the Social Security Act or the MassHealth demonstration waiver approved under section 115(a) of the act or the Community First section 1115 demonstration waiver, whether made by the executive office or another commonwealth entity, except as specifically authorized herein, or unless made for cost containment efforts the purposes and amounts of which have been submitted to the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the executive office shall not reduce the outpatient rates for any specialty hospital which limits its admissions to patients under active diagnosis and treatment of the eyes, ears, nose, and throat, below that which was granted during hospital fiscal year 2005; provided further, that the executive office may continue to recover provider overpayments made in the current and prior fiscal years through the Medicaid management information system, and that the recoveries shall be considered current fiscal year expenditure refunds; provided further, that the executive office may collect directly from a liable third party any amounts paid to contracted providers under chapter 118E of the General Laws for which the executive office later discovers another third party is liable if no other course of recoupment is possible; provided further, that no funds shall be expended for the purpose of funding interpretive services directly or indirectly related to a settlement or resolution agreement, with the office of civil rights or any other office, group or entity; provided further, that interpretive services currently provided shall not give rise to enforceable legal rights for any party or to an enforceable entitlement to interpretive services; provided further, that the federal financial participation received from claims filed for the costs of outreach and eligibility activities performed by certain community organization under the covering kids initiative, and in accordance with the federal revenue criteria in 45 CFR 74.23 or any other federal regulation which provides a basis for federal financial participation, shall be credited to this item and may be expended, without further appropriation, on administrative services including those covered under an agreement with the organizations participating in the initiative; provided further, that notwithstanding section 1 of chapter 118G of the General Laws or any general or special law to the contrary, for fiscal year 2009 the definition of a ‘pediatric specialty unit’ shall mean an acute care hospital with a burn center verified by the American Burn Center and the American College of Surgeons and a level 1 trauma center for pediatrics verified by the American College of Surgeons or a pediatric unit of an acute care hospital in which the ratio of licensed pediatric beds to total licensed hospital beds as of July 1, 1994, exceeded 0.20; provided further, that in calculating that ratio, licensed pediatric beds shall include the total of all pediatric service beds, and the total of all licensed hospital beds shall include the total of all licensed acute care hospital beds, consistent with Medicare’s acute care hospital reimbursement methodology as put forth in the Provider Reimbursement Manual Part 1, Section 2405.3G; provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient services at acute care pediatric hospitals and pediatric subspecialty units as defined in section 1 of chapter 118G of the General Laws, the executive office shall make a supplemental payment, if necessary, sufficient to assure that inpatient SPAD and outlier payments for discharges with a case mix acuity greater than 3.5 shall be at least equal to 85 per cent of the expenses incurred in providing services to those children; provided further, that the executive office shall not reduce the payment rates by no less than 75 per cent for any specialty hospital which limits its services to patients under active diagnosis and treatment of cancer below that which was granted in the previous year; provided further, that notwithstanding any general or special law to the contrary, the executive office shall require the commissioner of mental health to approve any prior authorization or other restriction on medication used to treat mental illness in accordance with written policies, procedures and regulations of the department of mental health; provided further, that the secretary shall ensure that supplemental Medicaid rates required pursuant to section 128 of chapter 58 of the acts of 2006 are implemented in fiscal year 2009; provided further, that the secretary shall ensure that all Medicaid benefit restorations, program expansions, and rate increases required pursuant to chapter 58 of the acts of 2006 are implemented in fiscal year 2009; provided further, that the executive office shall include smoking and tobacco use cessation treatment and information within MassHealth covered services pursuant to section 108 of chapter 58 of the acts of 2006; provided further, that the executive office shall develop a process whereby all participating providers who have signed the Virtual Gateway Services Agreement shall have access to the contents of the consolidated summary of any individual’s application submitted through the virtual gateway; provided further, that said information access shall comply with all HIPAA requirements and state privacy laws; provided further, that not later than September 1, 2008, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing planned fiscal year 2009 expenditures by the executive office as funded by chargebacks to the 17 executive office cluster agencies; provided further, that there shall be a health care reform outreach and education unit within the executive office for the purpose of coordinating statewide activities in marketing outreach and the dissemination of educational materials related to the change in laws in chapter 58 of the acts of 2006; provided further, that the unit shall collaborate with the office of Medicaid, the executive office of administration and finance, the division of insurance and the Commonwealth Health Insurance Connector Authority to develop common strategies, best practices, and guidelines for providing informational support and assistance to consumers, employers, and businesses; provided further, that any projection of deficiency in item 4000-0320, 4000-0430, 4000- 0500, 4000-0600, 40000-700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, 4000-0895, 4000-0990, 4000-1400 or 4000-1405, shall be reported to the house and senate committees on ways and means not less than 90 days before the projected exhaustion of funding; and provided further, that any unexpended balance in these accounts shall revert to the General Fund on June 30, 2009.................... $145,368,773

4000-0301.. For the costs of MassHealth provider and member audit and utilization review activities including, but not limited to, eligibility verification, disability evaluations, provider financial and clinical audits and other initiatives intended to enhance program integrity....................................................... $2,225,904

4000-0320.. For the executive office; provided that the executive office may expend an amount not to exceed $225,000,000 from the monies received from recoveries of any current or prior year expenditures and collections from liens, estate recoveries, third party recoveries, drug rebates, accident and trauma recoveries, case mix recoveries, computer audits, insurance recoveries, provider overpayment recoveries, bankruptcy settlements, Masspro and Healthpro refunds, Medicaid fraud returns, data match returns, Medicare appeals, and program and utilization review audits; provided further, that additional categories of recoveries and collections, including the balance of any personal needs accounts collected from nursing and other medical institutions upon a recipient’s death and held by the executive office for more than 3 years, may, notwithstanding any general or special law to the contrary, be credited to this item; provided further, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item shall be used for the purposes of item 4000-0300; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; and provided further, that the executive office shall file quarterly reports with the house and senate committees on ways and means delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures..................................................... $225,000,000

4000-0352.. For MassHealth enrollment outreach grants to public and private nonprofit groups to be administered by the executive office in consultation with the Health Care Reform Outreach and Education Unit; provided, that grants shall be awarded to groups statewide, including areas in which the United States Census deems there exists a high percentage of uninsured individuals and areas in which there are limited health care providers; provided further, that funds shall be awarded as grants to community and consumer-focused public and private nonprofit groups to provide enrollment assistance, education and outreach activities directly to consumers who may be eligible for MassHealth, the Commonwealth Care Program, or the Commonwealth Choice Program, and who may require individualized support due to geography, ethnicity, race, culture, immigration or disease status and representative of communities throughout the commonwealth; provided further, that funds shall be allocated to provide informational support and technical assistance to recipient organizations and to promote appropriate and effective enrollment activities through the statewide health access network; provided further, that not less than $350,000 shall be allocated to Community Partners, Inc. of Amherst, to provide online informational support and technical assistance to recipient organizations and to promote appropriate and effective enrollment activities through its statewide health access network; provided further, that the cost of information support and technical assistance shall not exceed 10 per cent of the appropriation and shall not be used to defray current state obligations to provide this assistance; provided further, that in awarding said grants, the executive office of health and human services, in consultation with the Health Care Reform Outreach and Education Unit, shall provide written guidance to selected grantees with specific strategies of how to expend funds in the most efficient manner to target populations and avoid duplication of activities, including examples of best practices among prior year outreach grant recipients; and provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amounts distributed in fiscal year 2009 by February 2, 2009, and the extent to which any portion of resulting expenditures are eligible for federal reimbursement $3,500,000

4000-0355.. For the operation of a health care quality and cost council established in section 16K of chapter 6A of the General Laws to promote high-quality, cost-effective, patient-centered care; provided, that the council shall file quarterly reports with the house and senate committees on ways and means delineating the progress made pursuant to the goals stated in said section 16K of said chapter 6A $1,888,616

The Governor disapproved the following language.
4000-0360 . For the health care quality and cost council established pursuant to section 16K of chapter 6A of the General Laws; provided further, that the council may expend an amount not to exceed $100,000 from the monies received from the sale of data reports;  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 council may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization and the most recent revenue estimate as reported in the state accounting system...... $100,000

4000-0430.. For the commonhealth program to provide primary and supplemental medical care and assistance to disabled adults and children under sections 9A, 16 and 16A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that the executive office shall maximize federal reimbursement for state expenditures made on behalf of such adults and children; provided further, that children shall be determined eligible for the medical care and assistance if they meet the disability standards as defined by the executive office, which standards shall be no more restrictive than the standards in effect on July 1, 1996 ; and provided further, that the executive office shall process commonhealth applications within 45 days of receipt of a completed application or within 90 days if a determination of disability is required.......................................... $111,900,000

The Governor has reduced the following item and struck out certain language.
4000-0500.. For health care services provided to medical assistance recipients under the executive office’s primary care clinician/mental health and substance abuse plan or through a health maintenance organization under contract with the executive office and for MassHealth benefits provided to children, adolescents and adults under clauses (a) to (d), inclusive and clause (h) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws; provided, that no funds shall be expended from this item for children and adolescents under clause (c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the executive office, exceeds 150 per cent of the federal poverty level; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that not less than $2,000,000 shall be expended to an acute care hospital located in Holyoke that provides clinical training programs for nurses, allied health professionals and technicians through affiliations with community colleges and private universities; provided further, that the secretary of health and human services and the commissioner of mental health shall report quarterly to the house and senate committees on ways and means relative to the performance of the managed care organization under contract with the executive office to administer the mental health and substance abuse benefit; provided further, that such quarterly reports shall include, but not be limited to, analyses of utilization trends, quality of care and costs across all service categories and modalities of care purchased from providers through the mental health and substance abuse program, including those services provided to clients of the department of mental health; provided further, that in conjunction with the new Medicaid management information system project, said executive office shall continue to study the feasibility of modifying its claim payment system, in collaboration with the MassHealth behavioral health contractor, to routinely process for payment valid claims for medically-necessary covered medical services to eligible recipients with psychiatric and substance abuse diagnoses on a timely basis in an effort to avoid delay and expenses incurred by lengthy appeals processes; provided further, that said secretary shall report to the house and senate committee on ways and means any proposed modifications to said payment system, and a timeline of steps to be taken to implement said modifications; provided further, that notwithstanding any general or special law to the contrary, the secretary of health and human services shall not reassign to a managed care plan under contract with the office of MassHealth the behavioral health benefit of any eligible person when the benefit is managed by MassHealth’s specialty behavioral health managed care contactor, after the benefit is elected by or initially assigned to that person, unless the person provides written or verbal consent to the reassignment; provided further, that the executive office shall implement payments required pursuant to chapter 58 of the acts of 2006 for the public entity in fiscal year 2009; provided further, that not less than $10,000,000 shall be expended as payments for pediatric specialty hospitals and units, including pediatric chronic rehabilitation hospitals; provided further, that $8,000,000 of said $10,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units, including pediatric chronic and rehabilitation long-term care hospitals as allowable under federal law; provided further, that $2,000,000 of said $10,000,000 shall be expended for a grant to said pediatric chronic and rehabilitation long-term care hospitals for which federal financial participation and federal approval need not be obtained; and provided further, that $5,950,000 shall be expended on disproportionate share payments to high public payer hospitals............ $3,141,085,000 $3,121,385,000

Executive Office Of Elder Affairs.

The Governor has reduced the following item and struck out certain language.
4000-0600.. For health care services provided to MassHealth members who are seniors, and for the operation of the senior care options program under section 9D of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that funds shall be expended for the ‘community choices’ initiative; provided further, that no payment for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that benefits for this demonstration project shall not be reduced below the services provided in fiscal year 2008; provided further, that the eligibility requirements for this demonstration project shall not be more restrictive than those established in fiscal year 2008; provided further, that the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing the projected costs and the number of individuals served by the ‘community choices’ initiative in fiscal year 2009 delineated by the federal poverty level; provided further, that the report shall be submitted not later than February 2, 2009; provided further, that notwithstanding any general or special law to the contrary, not less than $5,000,000 shall be expended from this item for the purpose of providing an increase to $72.80 per month in the personal needs allowance for individuals residing in nursing homes and rest homes who are eligible for MassHealth, Emergency Aid to the Elderly Disabled and Children program or Supplemental Security Income; provided further, that notwithstanding any general or special law to the contrary, the regulations, criteria and standards for determining admission to and continued stay in a nursing home in fiscal year 2009 shall not be more restrictive than those regulations, criteria and standards in effect on January 1, 2004 until the executive office of health and human services and the executive office of elder affairs submit a multi-year plan to the house and senate committees on ways and means and the joint committee on health care financing detailing the suggested timeline for phasing in changes to nursing home clinical criteria, provided that these changes shall not adversely affect current nursing home residents and shall not jeopardize the effectiveness of the 2176 home and community based waiver; provided further, care management under section 3 of chapter 211 of the Acts of 2006 shall be implemented through Aging & Disability Resource Consortiums, which shall include a combination of one or more Aging Services Access Points and Independent Living Centers, and section 2 of section 211, the pre-admission counseling and assessment program, established pursuant to the last paragraph of section 9 of chapter 118E of the General Laws, shall be implemented through the development of said aging and disability resource consortiums; provided further, that notwithstanding any general or special law to the contrary, for any nursing home or non-acute chronic disease hospital that provides kosher food to its residents, the department, in consultation with the division, in recognition of the unique special innovative program status granted by the executive office, shall continue to make the standard payment rates established in fiscal year 2006 to reflect the high dietary costs incurred in providing kosher food; provided further, that funds shall be expended for the purpose of a housing with services demonstration project known as the ‘Caring Homes’ initiative designed to delay or prevent nursing home placement by providing care-giving services to an elder; provided further, that under said demonstration project, eligible MassHealth enrollees shall be able to live in the home of an individual or relative, with the exception of spouses and dependent children, to provide for their long term supports, pursuant to regulations promulgated by said executive office; provided further that effective July 1, 2008 for the fiscal year ending June 30, 2009, the division of health care finance and policy shall establish nursing facility MassHealth rates that are $45 million in payments above the payments made to nursing facilities for the fiscal year ended 2008, for the purpose of funding inflationary labor and benefit costs, funded by any additional funds that may become available in this item due to a decrease in Medicaid utilization and that are not otherwise projected to be expended for other services from this item; provided further, that in the event said additional funds that may become available in this item do not total at least $45 million, said nursing facility MassHealth rate increase shall be proportionally reduced; provided further, that the secretary of elder affairs and the director of the office of Medicaid shall report monthly to the secretary of administration and finance and to the house and senate committees on ways and means the total projected expenditures from this item and the extent to which said $45 million nursing facility MassHealth rate increase may be funded in fiscal year 2009; and provided further, that the secretary of elder affairs and the director of the office of Medicaid shall provide a monthly report to the secretary of administration and finance and to the house and senate committees on ways and means showing Medicaid nursing facility utilization in the current fiscal year compared to Medicaid nursing facility utilization in the same period for the prior fiscal year................................................... $2,175,860,000 $2,158,355,058

The Governor disapproved the following language.
4000-0640.. For nursing facility Medicaid rates; provided, that notwithstanding any general or special law to the contrary, in fiscal year 2009 the division of health care finance and policy shall establish nursing facility Medicaid rates that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002 ; provided further, that the division shall adjust per diem rates to reflect any reductions in Medicaid utilization; provided further, that $287,950,000 shall be expended for the purposes of Medicaid per diem rate payments to nursing homes participating in the MassHealth program for services provided to MassHealth members during fiscal year 2009; provided further, that the payments made pursuant to this item shall be allocated in the following manner in fiscal year 2009: (1) effective July 1, 2008, an annual amount of $99,000,000 in the aggregate to fund the use of 2000 base year cost information for rate determination purposes; provided, that not more than $9,000,000 of this amount shall be expended for purposes of reimbursing nursing facilities for up to 10 bed hold days for patients of the facility on medical and non-medical leaves of absence; (2) effective July 1, 2008, an annual amount of $122,500,000 for enhanced payment rates to nursing homes; (3) effective July 1, 2008, an annual amount of $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes; provided further, that as a condition for such rate add-on, the division shall require that each nursing home document to the division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility’s staff-to-patient ratio, or by demonstrably improving the facility’s recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates; provided further, that a facility’s direct care staff shall include all nursing personnel including registered nurses, licensed practical nurses, and certified nurses’ aides hired by the facility from any temporary nursing agency or nursing pool registered with the department of public health; provided further, that the division shall credit wage increases that are over any previously collectively-bargained wage increases; provided further, that in monitoring compliance for this rate add-on, the division’s regulations shall adjust any spending compliance test to reflect any Medicaid nursing facility payment reductions including, but not limited to, rate reductions imposed on or after October 1, 2002; provided further, that the expenditure of these funds shall be subject to audit by the division in consultation with the department of public health and the executive office of health and human services; provided further, that in implementing this section, the division shall consult with the Nursing Home Advisory Council; (4) effective July 1, 2008, an annual amount of $16,450,000: (a) to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by said executive office, in consultation with the division, that meet quality standards established by the executive office of health and human services in conjunction with the department of public health and the division for the purposes of encouraging the upgrading and maintenance of quality of care in nursing homes; and (b) to fund rate adjustments to eligible nursing homes that meet utilization standards established by the executive office of health and human services in conjunction with the division for the purpose of reducing unnecessary nursing home admissions and facilitating the return of nursing homes residents of non-institutional settings; provided further, that to the extent that the annual amount of $16,450,000 in this clause is not fully allocated, the division shall first provide operating or capital rate adjustments for publicly operated, urban and geographically-isolated nursing homes; 5) $300,000 for the purposes of an audit of funds distributed under clause (3); provided further, that the division, in consultation with the department of public health and with the assistance of the executive office of health and human services, shall establish penalties sufficient to deter noncompliance to be imposed against any facility that expends any or all monies in violation of clause (3) including, but not limited to, recoupment, assessment of fines or interest; provided further, that the division shall report to the house and senate committees on ways and means not later than October 1, 2008 a preliminary analysis of funds expended under this subsection in fiscal year 2008 and a description and timeline for auditing of these funds; (6) $250,000 to fund expenses of the division related to the implementation and administration of section 25 of chapter 118G of the General Laws; and (7) an amount sufficient to implement section 622 of chapter 151 of the acts of 1996; and provided further, that any additional funds that may become available through this item due to decreased Medicaid utilization shall first fund a per-diem rate add-on for large Medicaid providers as specified in 114.2 CMR 6.06 (10)(a), as in effect on September 1, 2003 and then fund further enhanced rates to nursing homes ....................................... $288,500,000

4000-0650.. For community-based services for elderly and disabled individuals under age 65 provided under the Community First section 1115 demonstration waiver or for costs necessary to prepare for or implement the waiver; provided, that not more than $5,000,000 may be expended from this item for the purpose of the Rolland vs Cellucci Settlement for the fiscal year 2009............................................. $20,000,000

The Governor reduced the following item and changed the following language.
4000-0700.. For health care services provided to medical assistance recipients under the executive office’s health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office’s managed care or senior care plans, and for MassHealth benefits provided to children, adolescents and adults under clauses (a) to (d), inclusive and clause (h) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws; provided, that no payments for special provider costs shall be made from this item without the prior written approval of the secretary of administration and finance; provided further, that no funds shall be expended from this item for children and adolescents under clause (c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the executive office, exceeds 150 per cent of the federal poverty level; provided further, that children who have aged out of the custody of the department of social services shall be eligible for benefits until they reach age 21; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that notwithstanding the foregoing, funds may be expended from this item for the purchase of third party insurance including, but not limited to, Medicare for any medical assistance recipient including, but not limited to, seniors; provided further, that the executive office may reduce MassHealth premiums or copayments or offer other incentives to encourage enrollees to comply with wellness goals; provided further, the executive office shall report annually to the joint committee on health care financing and the house and senate committees on ways and means on the number of enrollees who met at least 1 wellness goal, any reduction of copayments or premiums, and any other incentives provided because enrollees met wellness goals; provided further, that the executive office shall not, in fiscal year 2009, fund programs relating to case management with the intention of reducing length of stay for neonatal intensive care unit cases; provided further, that funds may be expended from this item for activities relating to disability determinations or utilization management and review, including patient screenings and evaluations, regardless of whether such activities are performed by a state agency, contractor, agent or provider; provided further, that the executive office shall submit a report to the executive office of administration and finance and the house and senate committees on ways and means not later than March 1, 2009 detailing the activities described in the preceding proviso to be expended from this item during fiscal year 2009; provided further, that not less that $10,000,000 shall be expended to pay for an increase in Medicaid rates for community health centers, as defined in section 1 of chapter 118G of the General Laws; and provided further, that not less than $5,000,000 shall be expended for a medical home demonstration program that shall provide targeted, accessible, continuous and coordinated family-centered care to high need populations including, but not limited to, those with multiple chronic illnessed that require regular monitoring, advising or treatment $1,549,816,000 $1,535,816,000

4000-0870.. For health care services provided to adults participating in the medical assistance program pursuant to clause (g) of subsection (2) of section 9A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years..................... $122,700,000

4000-0875.. For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall provide those benefits to women whose income, as determined by the executive office, does not exceed 250 per cent of the federal poverty level, subject to continued federal approval; provided further, that eligibility for the benefits shall be extended solely for the duration of the cancerous condition; provided further, that before the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer at the comprehensive breast and cervical cancer early detection program operated by the department of public health, in accordance with item 4570-1512 of section 2D; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years....................... $5,500,000

4000-0880.. For MassHealth benefits under clause (c) of subsection (2) of section 9A and section 16C of chapter 118E of the General Laws as amended by chapter 58 of the acts of 2006 for children and adolescents whose family incomes as determined by the executive office are above 150 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to the children and adolescents in prior fiscal years ................... $211,100,000

4000-0890.. For the cost of health insurance premium subsidies paid to employees of small businesses participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws, as amended by chapter 58 of the acts of 2006 ...................... $ 40,300,000

4000-0891.. For the cost of health insurance subsidies paid to employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office shall directly market the program to private human service providers that deliver human and social services under contract with departments within the executive office and the executive office of elder affairs for the purpose of mitigating health insurance costs to the employers and their employees; provided further, that the executive office of health and human services shall report quarterly to the house and senate committees on ways and means and the executive office of administration and finance monthly expenditure data for the program, including the total number of employers participating in the program, the percentage of the employers who purchased health insurance for employees prior to participating in the program and total monthly expenditures delineated by payments to small employers and self-employed persons for individual, 2-person family and family subsidies; and provided further, that the executive office of health and human services shall seek federal reimbursement for the payments to employers............ $5,200,000

4000-0895.. For the healthy start program to provide medical care and assistance to pregnant women and infants residing in the commonwealth pursuant to section 10E of chapter 118E of the General Laws; provided, that the executive office shall, not later than February 16, 2009 , report to the house and senate committees on ways and means on the population served by the program delineated by the federal poverty level; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years $19,400,000

4000-0990.. For the children’s medical security plan to provide primary and preventive health services for uninsured children from birth through age 18; provided, that the executive office shall prescreen enrollees and applicants for Medicaid eligibility; provided further, that no applicant shall be enrolled in the program until the applicant has been denied eligibility for the MassHealth program; provided further, that the MassHealth benefit request shall be used as a joint application to determine the eligibility for both MassHealth and the children’s medical security plan; provided further, that the executive office shall maximize federal reimbursements for state expenditures made on behalf of the children; provided further, that the executive office shall expend all necessary funds from this item to ensure the provision of the maximum benefit levels for this program, as authorized by section 10F of chapter 118E of the General Laws; provided further, that the maximum benefit levels for this program shall be made available only to those children who have been determined by the executive office to be ineligible for MassHealth benefits; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years......................... $16,500,000

4000-1400.. For the purposes of providing MassHealth benefits to persons with a diagnosis of human immunodeficiency virus with incomes up to 200 per cent of the federal poverty level; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years.................................... $16,591,488

4000-1405.. For the operation of a program of preventive and primary care for chronically unemployed persons who are not receiving unemployment insurance benefits and who are not eligible for medical assistance but who are determined by the executive office of health and human services to be long-term unemployed; provided, that such persons shall meet the eligibility requirements of the MassHealth program established in section 9A of chapter 118E of the General Laws; provided further, that persons eligible under subsection (7) of section 16D of said chapter 118E shall be also eligible to receive benefits under this item; provided further, that the income of such persons shall not exceed 100 per cent of the federal poverty level; provided further, that said eligibility requirements shall not exclude from eligibility persons who are employed intermittently or on a non-regular basis; provided further, that the provision of care to such persons under this program may, taking into account capacity, continuity of care, and geographic considerations, shall be restricted to certain providers; provided further, that the secretary may limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided further, however, that no such limitation shall be implemented unless the secretary has given 90 days notice to the house and senate committees on ways and means and the joint committee on health care financing; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years.................. $304,600,000

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

Office for Refugees and Immigrants.

4003-0122.. For a Citizenship for New Americans Program to assist legal permanent residents in the commonwealth in becoming citizens of the United States; provided, that the office for refugees and immigrants shall administer the program; provided further, that said program shall be provided through community-based organizations to the maximum extent possible as determined by the office for refugees and immigrants; provided further, that the program funded by this item shall provide assistance to persons who are within 3 years of eligibility to become citizens of the United States; provided further, that services shall be designed to include: ESOL/civics classes, citizenship application assistance, interview preparation and support services such as interpretation and referral services................................................. $650,000

Division of Health Care Finance and Policy.

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4100-0060.. For the operation of the division and the administration of the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws; provided, that notwithstanding any general or special law to the contrary, the assessment to acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal year 2009, the estimated expenses, including indirect costs, of the division and shall be equal to the amount appropriated in this item less amounts projected to be collected in fiscal year 2009 from: (a) filling fees; (b) fees and charges generated by the division’s publication or dissemination of reports and information; and (c) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessed amount shall not be less than 65 per cent of the total expenses appropriated for the division in the health safety net office; provided further, that the division shall promulgate regulations requiring all hospitals receiving payments from the Health Safety Net Trust Fund to report to the division the following utilization information: the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly reports to the house and senate committees on ways and means compiling said data; provided further, that the division, in consultation with the executive office of health and human services, shall not promulgate any increase in Medicaid provider rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that the division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that funds may be expended for the purposes of a survey and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the commonwealth; provided further, that said study shall examine the overall impact of programs administered by the executive office of health and human services on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that the division shall publish annual reports on the financial condition of hospitals and other health care providers through the Health Benchmarks project website, in collaboration with the executive office of health and human services, the office of the attorney general, and the University of Massachusetts; provided further, that the division shall submit to the house and senate committees on ways and means and the joint committee on health care financing not later than December 8, 2008 a report detailing utilization of the Health Safety Net Trust Fund; provided further, that the report shall include: (a) the number of persons in the commonwealth whose medical expenses were billed to the Health Safety Net Trust Fund in fiscal year 2008; (b) the total dollar amount billed to the Health Safety Net Trust Fund in fiscal year 2008; (c) the demographics of the population using the Health Safety Net Trust Fund and (d) the types of services paid for out of the Health Safety Net Trust Fund in fiscal year 2008; provided further, that the division shall include in the report an analysis on hospitals’ responsiveness to enrolling eligible individuals into the MassHealth program upon the date of service rather than charging those individuals to the Health Safety Net Trust Fund; provided further, that the division shall include in the report possible disincentives the state could provide to hospitals to discourage such behavior; provided further, that notwithstanding any general or special law or rule or regulation to the contrary, the division shall not allow any exceptions to the usual and customary charge defining rule as defined in 114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy providers for publicly-aided and industrial accident patients; provided further, that the division is hereby authorized to  change the pricing standard used by said division when determining the rate of payment to pharmacy providers for prescribed drugs for publicly-aided or industrial accident patients if such a change would financially benefit the commonwealth; provided further, that the division shall prepare a report on the savings realized by the MassHealth Pharmacy Program, for the first 3 months of fiscal year 2009, as a result of the reimbursement rate reductions for multiple source drugs for which upper limits have been set by the federal centers for Medicare and Medicaid services; provided further, that using said data, the division shall also estimate the program savings for fiscal year 2009; provided further, that the division shall forward a copy of this report to the secretary of administration and finance, and to the house and senate committees on ways and means no later than November 15, 2008; provided further the division, after consultation with the secretary and the chairs of the senate and house committees on ways and means, may adjust pharmacy dispensing fees for multiple source prescription drugs to compensate for any reduction as a result of the upper limits implemented under the Deficit Reduction Act of 2005; provided further, that the division shall submit to the house and senate committees on way and mean and the joint committee on heath care financing, not later than December 8, 2008, a report detailing rate or other payment appeals submitted to the division by skilled nursing facilities and rest homes including: (a) the initial date of appeal; (b) the amount of payment in dispute; (c) the status of each  appeal; and (d) the commonwealth’s response and date issued; provided further, that not less than $500,000 shall be expended to examine the factors that contribute to the cost increases of the health care delivery system and strategies employed by the provider community to reduce cost growth; provided further, that in preparing its report the division shall conduct a public hearing on the matter; and provided further, that the division shall submit its findings to the joint committees on health care financing and the house and senate committees on ways and means no later than February 16, 2009; provided further, that the division shall provide a quarterly report on the projected costs and enrollment figures of Commonwealth Care and shall file the report with the clerks of the senate and house of representatives....................................... $17,513,039

OFFICE OF DISABILITIES AND COMMUNITY SERVICES.
Massachusetts Commission for the Blind.

4110-0001.. For the office of the commissioner; provided, that the commissioner may transfer funds between items 4110-0001, 4110-1000, 4110-1010, 4110-1020, 4110-2000, 4110-3010 and 4110-4000; provided further, that the amount transferred from any of those items shall not exceed 5 per cent of the total amount appropriated for that item; provided further, that 30 days before any such transfer, the commissioner shall submit an allocation plan detailing the distribution of the funds to be transferred to the house and senate committees on ways and means; and provided further, that amounts appropriated to the commission in fiscal year 2009 that extend or expand services beyond the level of services provided in fiscal year 2008 shall not annualize above those amounts in fiscal year 2010................................................... $1,168,989

4110-1000.. For the community services program; provided, that the Massachusetts commission for the blind shall work in collaboration with the Massachusetts commission for the deaf and hard of hearing to provide assistance and services to the deaf-blind community through the deaf-blind community access network; provided further, that not less than $500,000 shall be expended for the talking information center; provided further, that not less than $450,000 shall be expended for the deaf-blind community access network; provided further, that not less than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and provided that not less than $150,000 shall be expended to provide adaptive technology services for school-age children who are blind to ensure increased competence in the use of technological equipment and academic and professional development and self sufficiency $4,545,633

4110-1010.. For aid to the adult blind; provided, that funds may be expended from this item for burial expenses incurred in the prior fiscal year ....................................................... $8,351,643

4110-1020.. For eligibility determination for the medical assistance program for the blind; provided, that the commission shall work with the executive office of health and human services, the department of mental retardation and other state agencies to maximize federal reimbursement for clients so determined through this item including, but not limited to, reimbursement for home and community-based waiver clients $369,796

4110-2000.. For the turning 22 program of the commission; provided, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning 22 clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services...................................................... $10,663,291

4110-3010.. For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees $3,045,455

4110-4000.. For the administration of the Ferguson Industries for the Blind; provided, that retired workshop employees shall receive grants equal to three-fourths of the salaries of current workshop employees; and provided further, that any funds received for goods and services purchased by private and public sector entities at Ferguson Industries shall be remitted to the General Fund.................. $1,923,538

Massachusetts Rehabilitation Commission.

4120-1000.. For the operation of the commission; provided, that the commissioner may transfer funds between items 4120-1000, 4120-2000, 4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided further, that the amount transferred from any of those items shall not exceed 5 per cent of the total amount appropriated for that item; provided further, that 30 days before any such transfer, the commissioner shall submit an allocation plan to the house and senate committees on ways and means detailing the distribution of the funds to be transferred; provided further, that amounts appropriated to the commission that extend or expand services beyond the level of services provided in fiscal year 2009 shall not annualize above those amounts in fiscal year 2010; provided further, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, the commission shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error and abuse in the programs administered by the commission; and provided further, that the lists shall include client names and social security numbers and payee names and other identification, if different from a client’s... $647,128

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4120-2000.. For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation shall be deducted for pensions, group health and life insurance and any other such indirect cost of the federally-reimbursed state employees; provided further, that the commissioner, in making referrals to service providers, shall take into account the client’s place of residence and the geographic proximity of the nearest provider to the residence; provided further, that not less than $100,000 shall be expended on special vocational projects in the Charlestown neighborhood of Boston for people with disabilities and provided further that not less $100,000 shall be expended for services provided by the Life Focus Center in the Charlestown neighborhood of Boston.................... $10,982,471

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4120-3000.. For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may, subject to appropriation, be provided; provided further, that not less than $100,000 shall be expended on special projects in the Charlestown neighborhood of Boston for people with disabilities; and provided further, that not less than $100,000 shall be expended for the Charlestown Navy Yard project for disabled adults in the Charlestown neighborhood of Boston ................................ $8,561,446

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4120-4000.. For independent living assistance service; provided, that $3,840,000 shall be expended for the independent living centers contracted with the commission; provided further, that not less than $949,295 shall be expended for assistive technology devices and training for individuals with severe disabilities; provided further, that not less than $200,000 shall be expended for the SHARE Foundation at the University of Massachusetts at Dartmouth; provided further, that not less than $100,000 shall be expended for the Joseph F. Timilty Adult Day Health and Memory Loss Center; and provided further, that not less than $25,000 shall be expended on Living Independently for Equality, Inc. of Brockton for the operation of participants to meet other physically challenged individuals and take part in a number of therapeutic activities...................................................... $12,449,034

4120-4001.. For the housing registry for the disabled ................ $88,889

4120-4010.. For services to clients of the department who turn 22 years of age; provided, that the amount appropriated in this item shall not annualize to more than $1,572,888 in state fiscal year 2010 ....... $884,393

4120-5000.. For homemaking services ............................... $5,868,362

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4120-6000.. For head injured services; provided, that the commission shall work with the executive office of health and human services to maximize federal reimbursement for clients receiving head injured services; provided further, that the commission shall expend funds on a 24-hour basis for persons with severe head injuries in western Massachusetts; provided further, that not less than $100,000 shall be expended for the Cape Cod head injury program; and provided further, that not less than $75,000 shall be expended on the Keeping Every Youth Safe program at the Massachusetts Brain Injury Association................ $10,933,588

Massachusetts Commission for the Deaf and Hard of Hearing.

4125-0100.. For the operation of and services provided by the Massachusetts commission for the deaf and hard of hearing ........... $5,783,283

4125-0102.. For the costs associated with the provision of interpreter services for the deaf and hard of hearing at state house public hearings and events .......................................................... $12,120

Soldiers’ Home in Massachusetts .

4180-0100.. For the maintenance and operation of the Soldiers’ Home in Massachusetts located in the city of Chelsea, including a specialized unit for the treatment of Alzheimer’s disease patients; provided, that graduates from the LPN school of nursing shall work in state-operated facilities for at least 1 year; provided further, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2008; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2009; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after December 1, 2008 ; and provided further, that after December 1, 2008 , no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services.............................................. $26,968,587

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

Soldiers’ Home in Holyoke .

4190-0100.. For the maintenance and operation of the Soldiers’ Home in Holyoke, including the adult day care program, the Maguder House and the Chapin Mansion; provided, that no fee, assessment or other charge shall be imposed upon or required of any person for any outpatient treatment, admission or hospitalization which exceeds the amount of fees charged in fiscal year 2008; provided further, that no new fee, assessment or other charge shall be implemented in fiscal year 2009 except those associated with the use of telephones and televisions; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services.............................................. $20,322,654

4190-0101.. For the Soldiers’ Home in Holyoke which may expend for its operation an amount not to exceed $82,709 from the licensing of the property for placement of aerial antennas.............................. $82,709

4190-0102.. The Soldiers’ Home in Holyoke may expend for the outpatient pharmacy program an amount not to exceed $150,805 from co-payments which it may charge to users of the program; provided, that no co-payments shall be imposed or required of any person which exceed the level of co-payments charged in fiscal year 2008.............................. $150,805

4190-0200.. The Soldiers’ Home in Holyoke may expend not more than $25,000 from fees collected from veterans in its care for the purposes of providing television and telephone services to residents; provided, that fees from the use of telephones and televisions shall only be expended for payments to vendors for said services .................... $25,000

4190-1100.. For the Soldiers’ Home in Holyoke which may expend not more than $225,000 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and for the purposes of this retained revenue account of the Soldiers’ Home; provided further, that the Soldiers’ Home may accept gifts, grants, donations, and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers’ Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued $225,000

Department of Youth Services.

4200-0010.. For the administration of the department of youth services; provided, that the department shall continue to collaborate with the department of elementary and secondary education in order to align curriculum at the department of youth services with the statewide curriculum frameworks and to ease the reintegration of youth from facilities at the department of youth services into regular public school settings; provided further, that the department shall continue to execute its education funding initiative; provided further, that the commissioner of youth services, in conjunction with the department of elementary and secondary education, shall submit a report on progress made and projected needs in fiscal years 2009 and 2010 to the house and senate committees on ways and means by December 1, 2008 ; and provided further, that the department shall expend not more than $300,000 on the juvenile case management system ................................................ $5,657,621

4200-0100.. For supervision, counseling and other community-based services provided to committed youths in nonresidential care programs of the department; provided, that not less than $300,000 shall be expended to provide career services to youth in the department’s care; provided further, that funding shall be expended for the restoration of the Northeast Region; provided further, that not less than $400,000 shall be expended for the Boston juvenile re-entry program; provided further, that the commissioner may transfer up to 7 per cent of the amount appropriated in this item to items 4200-0200 and 4200-0300; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and to the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer . $22,828,627

4200-0200.. For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 7 per cent of the amount appropriated herein to items 4200-0100 and 4200-0300; and provided further, that 30 days before any transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer.............................................. $25,719,287

4200-0300.. For secure facilities, including purchase-of-service and state operated programs incidental to the operations of the facilities; provided, that funds shall be expended to address the needs of the female population; provided further, that funds shall be expended to address suicide prevention; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after March 15, 2009 ; and provided further, that after March 15, 2009 , no charge or contract shall be made with alternate vendors to provide pharmacy services other than the state office of pharmacy services; provided further, that not less than $600,000 shall be expended on vocational training in order to reduce recidivism; provided further, that the commissioner may transfer up to 7 per cent of the amount appropriated in this item to items 4200-0100 and 4200-0200; and provided further, that 30 days before any such transfer is made, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer..................................................... $105,563,546

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

Department of Transitional Assistance.

4400-1000.. For the central administration of the department of transitional assistance; provided, that during fiscal year 2009 the department shall maintain 2 transitional assistance offices in the city of Springfield; provided further, that all costs associated with verifying disability for all programs of the department shall be paid from this item; provided further, that the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, and public assistance caseloads and benefits; provided further, that the department shall collect all out-of-court settlement restitution payments; provided further, that the restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that notwithstanding any general or special law to the contrary, unless otherwise expressly provided, federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for the current fiscal year and prior fiscal years, shall be credited to the General Fund; provided further, that an application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance under chapter 118E of the General Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by the department to the executive office of health and human services for a determination of eligibility under said chapter 118E; provided further, that the department shall, to the extent feasible within the appropriation provided, provide for extended office hours; provided further, that the department shall accomplish the staffing of these extended office hours to the maximum extent possible through the use of flex-time that will allow workers to modify their working hours to accommodate their specific personal and family needs;  provided further, that the department shall, to the extent feasible within the appropriation provided, continue and expand the program of placing workers at community and human service organizations for the purposes of facilitating food stamp applications and redeterminations; provided further, that the department shall report to the house and senate committees on ways and means no later than December 15, 2008 on the extended office hours and placement of workers at community and human service organizations that the department has determined is feasible within the appropriation provided and that the department will provide in the current fiscal year; and provided further that not less than $800,000 shall be expended for the operation of the homeless  management  information system.................................... $68,136,719

4400-1001.. For programs to increase the commonwealth’s participation rate in food stamps and other federal nutrition programs; provided, that not less than $1,500,000 shall be expended for a grant with Project Bread-The Walk for Hunger, Inc. which shall be solely responsible for administering a comprehensive, community-based program to alleviate and prevent hunger and to expand participation in federal nutrition programs; provided further, that Project Bread shall focus on communities in Massachusetts with the highest rates of hunger as defined by the United States Census Bureau; provided further, that Project Bread shall develop a strategic plan to alleviate hunger; provided further, that Project Bread shall support research relative to the prevention and effect of hunger; provided further, that not less than $250,000 shall be expended for the Food Source Hotline; provided further, that the work of department employees paid for from this item shall be restricted to processing food stamp applications; provided further, that the department shall not require food stamp applicants to provide re-verification of eligibility factors previously verified and not subject to change; provided further, that, notwithstanding any general or special law to the contrary, the department shall require only 1 signature from food stamp applicants; provided further, that the department shall report to the house and senate committees on ways and means not later than December 1, 2008 on the status of these programs; provided further, that Project Bread shall file with the clerk of the house of representatives and the clerk of the senate an annual report on the status of hunger in the commonwealth and a detailed explanation of the hunger prevention strategies that have been developed and implemented not later than December 1, 2008; provided further, that the department shall fund a unit staffed by department employees to respond to food stamp inquiries, and arrange for and conduct telephone interviews for initial food stamp applications from this item; provided further, that the department shall fund a system to image and catalogue eligibility documents electronically from this item; and provided further, that not less than $350,000 shall be expended for food stamp outreach............................................... $2,932,760

4400-1025.. For domestic violence specialists at local area offices . $722,345

4400-1100.. For the payroll of the department’s caseworkers; provided, that only employees of bargaining unit eight shall be paid from this item ...................................................... $58,872,706

4401-1000.. For employment and training services, including support services, for recipients of benefits provided under the transitional aid to families with dependent children; provided, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits; provided further, that not less than $4,600,000 shall be expended for the Young Parents Program; and provided further, that certain parents who have not yet reached the age of 18 years, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents' income, shall be eligible to receive services $27,720,672

4401-1100.. For the department of transitional assistance which may expend not more than $7,000,000 from federal bonuses and from reimbursements received from the United States Department of Agriculture for food stamp outreach and employment and training programs and any enhanced funding or bonuses; provided, that the department may expend such revenue for employment and training services provided to recipients of transitional aid to families with dependant children................ $7,000,000

4403-2000.. For a program of transitional aid to families with dependent children; provided, that notwithstanding any general or special law to the contrary, benefits under the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits; provided further, that notwithstanding any general or special law, or any provisions of this act to the contrary, no benefits under this item shall be made available to illegal or undocumented aliens; provided further, that the need standard shall be equal to the standard in effect in fiscal year 2008 unless the department determines that a reduction in the monthly payment standard should be implemented before the end of the fiscal year to keep program expenditures within the amounts appropriated in this item; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under subsection (e) of section 110 of chapter 5 of the acts of 1995, or any successor statute, shall be 2.75 per cent below the otherwise applicable payment standard, in fiscal year 2009, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify parents under the age of 20 receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5 of the acts of 1995, or any successor statute; provided further, that a $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that a nonrecurring children’s clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September 2008; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September 2008; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing under chapter 119 of the General Laws, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that notwithstanding section 2 of chapter 118 of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month the payments are to be made or within the 3 month period after the month of payment, and who, if the child had been born and was living with her in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits; provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for the loss; provided further, that the department shall review its disability standards to determine the extent to which they reflect current medical and vocational criteria and report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the results of that review before any changes to the standards are proposed; provided further, that no funds from this item shall be expended by the department for child care or transportation services for the employment and training program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that the department shall provide oral and written notification to all recipients of their child care benefits at the time of application and on a semi-annual basis; provided further, that the notification shall include the full range of child care options available, including center-based child care, family-based child care, and in-home relative child care; provided further, that the notification shall detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits and post-transitional benefits; provided further, that the department shall work with the department of early education and care to ensure that both recipients currently receiving benefits and former recipients during the 1 year period after termination of benefits are provided written and verbal information about child care services; provided further, that the notice shall further advise recipients of the availability of food stamps benefits; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility for, or levels of benefits under the program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that not less than $418,074 shall be expended for the purposes of the operation of the transportation assistance program operated by Traveler’s Aid Family Services; provided further, that not less than $150,000 shall be expended for the lift transportation program operated by Traveler’s Aid Family Services; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the senate and house of representatives a detailed and comprehensive report setting forth the text of, basis, and reasons for the proposed changes; and provided further, that the report shall state the department’s most accurate assessment of the probable effects of benefit or eligibility changes upon recipient families.............................. $302,742,675

4403-2007.. For the department of transitional assistance to develop and implement a nutritional benefit program for low-income workers; provided, that benefits shall be provided only to those for whom receiving these benefits will improve the work participation rate under the federal program of temporary assistance for needy families .... $1,200,000

4403-2119.. For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995, or any successor statute, for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program ....................................................... $6,927,953

The Governor has reduced the following item and struck out certain language.
The Legislature overrode the Governor's veto.
4403-2120.. For certain expenses of the emergency assistance program as follows: (i) contracted family shelters; (ii) transitional housing programs; (iii) programs to reduce homelessness in Barnstable, Dukes, Hampden and Nantucket counties; (iv) residential education centers for single mothers with children; (v) intake centers; and (vi) voucher shelters; provided, that eligibility shall be limited to families with income at or below 130 per cent of the federal poverty level; provided, however, that any family whose income exceeds 130 per cent of the federal poverty level while the family is receiving assistance funded by this item shall not become ineligible for assistance due to exceeding the income limit for a period of 6 months from the date that the 130 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow some or all of the portion of their income which exceeds 130 per cent of the federal poverty level; provided further, that any such escrowed funds shall be exempt from otherwise applicable asset limits; provided further, that the family may withdraw the amount placed in escrow upon transition to permanent housing or losing eligibility for shelter services; provided further, that benefits under this item shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing under color of law in the United States; provided further, that the department shall take all steps necessary to enforce regulations to prevent abuse in the emergency assistance program; provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized; provided further, that eligible households shall be placed in shelters as close as possible to their home community unless a household requests otherwise; provided further, that if the closest available placement is not within 20 miles of the household’s home community, the household shall be transferred to an appropriate shelter within 20 miles of its home community at the earliest possible date unless the household requests otherwise; provided further, that eligibility for shelter by an otherwise eligible family shall not be impaired by prior receipt of any non-shelter benefit; provided further, that the department shall make every effort to ensure that children receiving services from this item shall continue attending school in the community in which they lived prior to receiving services funded from this item; provided further, that notwithstanding any other general or special law to the contrary, the department shall immediately provide shelter for up to 30 days to families who appear to be eligible for such shelter based on statements provided by the family and any other information in the possession of the department but who need additional time to obtain any third-party verifications reasonably required by the department; provided further, that shelter benefits received under the preceding proviso shall not render a family ineligible under any regulation providing that a family who previously received shelter is ineligible for shelter benefits for a period of 12 months; provided further, that families receiving such shelter benefits who are found not to be eligible for continuing shelter benefits shall be eligible for aid pending a timely appeal pursuant to section 16 of chapter 18 of the General Laws; provided further, that the department shall not impose unreasonable requirements for third-party verification and shall accept verifications from the family whenever reasonable; provided further, that in promulgating, amending or rescinding regulations with respect to eligibility or benefits under this program, the department shall take into account the amounts available to it for expenditure in this item so as not to exceed the amount appropriated in this item; provided further, that notwithstanding any general or special law to the contrary, 60 days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that all of this item shall be subject to appropriation and, in the event of a deficiency, nothing in this item shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item; provided further, that nothing in the preceding proviso shall authorize the department to alter eligibility criteria or benefit levels except to the extent that such changes are needed to avoid a deficiency in this item; provided further, that the department shall report quarterly to the house and senate committees on ways and means on the emergency assistance family shelter program; provided further, that the report shall contain the same data required in this item in chapter 139 of the acts of 2006; provided further, that the Massachusetts Coalition for the Homeless First Stop Homelessness Prevention Initiative and the Horizons for Homeless Children Playspace Program shall receive not less than the same amount of funding as in fiscal year 2008; provided further, that not less than $1,668,180 shall be expended for the Housing Assistance Program operated by Community Action Programs Inter-City, Inc.; provided further, that contract (RPO) SCWELL 4092500010000 with Open Pantry Community Services, Inc., be an amount not less than $545,195; provided further, that an amount not less than $179,381 shall be expended for the Crossroads Family Shelter in East Boston; provided further, that not less than $100,000 shall be expended for a contract with Project Just Because, a non-profit organization in the town of Hopkinton, to assist in providing food, supplies, and services to the indigent and those in danger of becoming homeless across the MetroWest region; provided further, that not less than $50,000 shall be expended for the Weymouth Youth and Family Services Teen Center to provide for advocacy, social service programs and to promote growth, social welfare and education; provided further, that $25,000 shall be expended for education, advocacy and case management services by Casa Latina, located in the City of Northampton; and provided further, that not less than $25,000 shall be expended for the River House shelter in Beverly.................... $87,224,342

4405-2000.. For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further, that the department, in collaboration with the executive office of health and human services, may fund an optional supplemental living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified under chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and the office; provided further, that the optional category of payments shall only be administered in conjunction with the Medicaid group adult foster care benefit; and provided further, that reimbursements to providers for services rendered in prior fiscal years may be expended from this item ...................................... $219,304,536

4406-3000.. For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to the homeless and indigent; provided, that no organization providing services to the homeless shall receive less than an average per bed/per night rate of $12.92; provided further, that the department may allocate funds to other agencies for the purposes of this program; provided further, that organizations which received funds through this item in fiscal year 2008 shall receive not less than that same percentage share of this appropriation in fiscal year 2009; provided further, that no funds shall be expended for costs associated with the homeless management information system; and provided further, that funds appropriated to this item from item 1599-6901 shall be calculated and distributed separately from any additional rate increase provided...................................................... $36,281,684

4406-3010.. For a grant to the Home and Healthy for Good program operated by the Massachusetts Housing and Shelter Alliance for the purpose of reducing the incidence of chronic homelessness in the commonwealth; provided, that the Massachusetts Housing and Shelter Alliance shall be solely responsible for the administration of this program; provided further, that the Massachusetts Housing and Shelter Alliance shall file a report with the clerks of the house and senate, the commissioner of the department of transitional assistance, and the chairs of the house and senate committees on ways and means no later than March 2, 2009 , detailing the implementation of this program; and provided further, that the report shall include information on the number of people served, the average cost per participant, the demographics of those served, whether participants have previously received government services and  any projected cost-savings in other state-funded programs . $1,200,000

4408-1000.. For a program of cash assistance to certain residents of the commonwealth, entitled emergency aid to the elderly, disabled and children found by the department to be eligible for the aid under chapter 117A of the General Laws and regulations promulgated by the department and subject to the limitations of appropriation therefore; provided, that benefits under this item shall only be provided to residents who are citizens of the United States or qualified aliens or non-citizens otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that the individual shall not be a subject to sponsor income deeming or related restrictions; provided further, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year 1991; provided further, that the department may provide benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a medically-determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual’s capacity to support himself and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under said chapter 118 and under the separate program; provided further, that no ex-offender, person over age 45 without a prior work history or person in a residential treatment facility shall be eligible for benefits under this program unless the person otherwise meets the eligibility criteria described in this item and defined by regulations of the department; provided further, that no person incarcerated in a correctional institution shall be eligible for benefits under the program; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall adopt emergency regulations under chapter 30A of the General Laws to implement the changes to this program required by this item promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted in this item at the payment standard in effect for the former general relief program in fiscal year 1991; provided further, that in promulgating, amending or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the amount appropriated in this item; provided further, that the department may promulgate emergency regulations under chapter 30A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing in this item shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that reimbursements collected from the Social Security Administration on behalf of former clients of the emergency aid to the elderly, disabled and children program or unprocessed payments from the program that are returned to the department shall be credited to the General Fund; provided further, that notwithstanding any general or special law to the contrary, the funds made available in this item shall be the only funds available for the program, and the department shall not spend funds for the program in excess of the amount made available in this item; and provided further, that, notwithstanding any general or special law to the contrary, 60 days before implementing any eligibility or benefit changes, the commissioner shall file with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the proposed changes............. $72,476,084

OFFICE OF HEALTH SERVICES.
Department of Public Health.

4510-0100.. For the operation of the department; provided, that the department of public health shall report to the joint committee on public health, the joint committee on health care financing, and the house and senate committees on ways and means not later than February 2, 2009 , on the impact of increased private and public health insurance coverage, pursuant to chapter 58 of the acts of 2006, and on the utilization and financial needs of public health programs; and provided further,  that the report shall include, but not be limited to, the following: (a) an estimate of cost-savings to public health programs generated by increased public and private health insurance coverage in the commonwealth; (b) an assessment of the utilization of public health programs since 2006 including, early intervention services, state laboratory testing services, communicable disease testing services, HIV and A