Bill H.4800 186th (2009 - 2010)

HOUSE DOCKET, NO. 94800        FILED ON: 6/23/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4800

The Commonwealth of Massachusetts

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The committee of conference on the disagreeing votes of the two branches with reference to the Senate amendments of the House Bill making appropriations for the fiscal year 2011 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 (House, No. 4 601 ), reports (in part) recommending passage of the accompanying bill (House, No. 4 800 )   [Total Appropriation:  $27,935,088,812.00].   June 23, 2010 .

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An Act making appropriations for the fiscal year 2011 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 .

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FOR THE COMMITTEE:

Name:	District/Address:
Charles A. Murphy	21st Middlesex
Barbara A. L’Italien	18th Essex
Steven C. Panagiotakos	First Middlesex
Stephen M. Brewer	Worcester, Hampden, Hampshire and Franklin

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Ten

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AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2011 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND A ND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS .

318

 

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, 20 1 0, 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 , 2E and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D , 2E 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, 201 1 .  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, 2011 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, 2B and 2E. 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.

 

Fiscal Year 2011 Revenue by Source and Budgeted Fund (in Millions)
Source	All Budgeted Funds*	General Fund	FMAP Budget Relief Fund	Commonwealth Transportation Fund	Substance Abuse Prevention and Public Health Fund	Other**
Alcohol. Bev.	71.6	71.6	0.0	0.0	0.0	0.0
Cigarettes	484.0	484.0	0.0	0.0	0.0	0.0
Corporations	1,371.9	1,371.9	0.0	0.0	0.0	0.0
Deeds	113.7	113.7	0.0	0.0	0.0	0.0
Estate Inheritance	205.0	205.0	0.0	0.0	0.0	0.0
Financial Institutions	193.8	193.8	0.0	0.0	0.0	0.0
Income	10,629.7	10,629.7	0.0	0.0	0.0	0.0
Insurance	326.2	326.2	0.0	0.0	0.0	0.0
Motor Fuels	663.6	0.0	0.0	662.7	0.0	0.9
Public Utilities	27.9	27.9	0.0	0.0	0.0	0.0
Room Occupancy	100.0	65.0	0.0	0.0	0.0	35.0
Sales-Regular	3,443.4	3,123.3	0.0	212.1	108.0	0.0
Sales-Meals	790.1	741.4	0.0	48.7	0.0	0.0
Sales-Motor Vehicles	583.1	547.1	0.0	36.0	0.0	0.0
Miscellaneous	25.2	25.2	0.0	0.0	0.0	0.0
UI Surcharges	21.0	0.0	0.0	0.0	0.0	21.0
Total Consensus Tax Revenues:	19,050.8	17,926.0	0.0	959.5	108.0	56.9
Transfer to School Modernization and Reconstruction Trust (SMART) Fund	-644.3	-644.3
Transfer to MBTA State and Local Contribution Fund	-767.1	-767.1
Transfer to Pension Reserves Investment Trust Fund	-1,441.8	-1,441.8
Total Consensus Tax Revenue for Budget:	16,197.6	15,072.8	0.0	959.5	108.0	56.9
Revenue Changes
Administrative Provisions to Facilitate Tax Collections	22.5	22.5	0.0	0.0	0.0	0.0
Enhanced Auditors	20.0	20.0	0.0	0.0	0.0	0.0
Massachusetts Life Science Tax Credit Cap	5.0	5.0	0.0	0.0	0.0	0.0
Total Taxes Available for Budget:	16,245.1	15,120.3	0.0	959.5	108.0	56.9
Non-Tax Revenue
Federal Reimbursements	9,034.6	8,339.8	688.0	0.0	0.0	6.8
Departmental Revenue	2,811.3	2,297.1	0.0	501.1	0.0	13.1
Consolidated Transfers	1,951.1	2,059.2		0.0	0.0	-108.1
GRAND TOTAL	30,042.1	27,816.4		1,460.6	108.0	-31.3

 

 

* Includes revenue deposited into and transfers out of the Workforce Training Fund, Mass Tourism Fund, Inland Fish and Game Fund, Marine Recreational Fisheries Development Fund, Commonwealth Substance Abuse Treatment and Prevention Fund, and Stabilization Fund.
** Includes tax revenue into the Workforce Training Fund, the Mass Tourism Fund and the Inland Fish and Game Fund

 

SECTION 1B. The comptroller shall keep a distinct account of actual receipts of non-tax revenues by each department, board, commission or institution to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein and to include a full statement comparing such receipts with projected receipts in the annual report for such fiscal year pursuant to section 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.

 

Non-Tax Revenue:  Department Summary
Revenue Source	Unrestricted	Restricted	Total
Judiciary
Supreme Judicial Court	$2,979,940	$0	$2,979,940
Committee for Public Counsel	$0	$750,000	$750,000
Appeals Court	$448,502	$0	$448,502
Trial Court	$77,959,000	$53,000,000	$130,959,000
TOTALS :	$81,387,442	$53,750,000	$135,137,442
District Attorneys
Plymouth District Attorney	$500	$0	$500
Middle District Attorney	$100	$0	$100
TOTALS :	$600	$0	$600
Secretary of the Commonwealth
Secretary of the Commonwealth	$227,922,453	$30,000	$227,952,453
TOTALS :	$227,922,453	$30,000	$227,952,453
Treasurer and Receiver-General
Office of the Treasurer	$241,125,559	$0	$241,125,559
State Lottery Commission	$184,536,000	$826,347,607	$1,010,883,607
TOTALS :	$425,661,559	$826,347,607	$1,252,009,166
Attorney General
Office of the Attorney General	$26,210,895	$575,000	$26,785,895
TOTALS :	$26,210,895	$575,000	$26,785,895
State Ethics Commission
State Ethics Commission	$50,000	$0	$50,000
TOTALS :	$50,000	$0	$50,000
Inspector General
Office of the Inspector General	$0	$600,000	$600,000
TOTALS :	$0	$600,000	$600,000
Office of Campaign and Political Finance
Office of Campaign and Political Finance	$82,200	$0	$82,200
TOTALS :	$82,200	$0	$82,200
Massachusetts Commission Against Discrimination
Massachusetts Commission Against Discrimination	$90,196	$1,984,224	$2,074,420
TOTALS :	$90,196	$1,984,224	$2,074,420
Office of the State Comptroller
Office of the State Comptroller	$494,116,432	$0	$494,116,432
TOTALS :	$494,116,432	$0	$494,116,432
Office of the State Auditor
Office of the State Auditor	$121,918	$0	$121,918
TOTALS :	$121,918	$0	$121,918
Executive Office for Administration and Finance
Executive Office for Administration and Finance	$14,334,299	$1,000,000	$15,334,299
Secretary of Administration and Finance	$67,489,102	$0	$67,489,102
Division of Capital Asset Management & Maintenance	$16,470,523	$16,550,000	$33,020,523
Bureau of State Office Buildings	$171,833	$0	$171,833
Civil Service Commission	$20,000	$0	$20,000
Group Insurance Commission	$764,812,324	$950,000	$765,762,324
Division of Administrative Law Appeals	$127,500	$0	$127,500
George Fingold Library	$0	$0	$0
Department of Revenue	$207,364,495	$6,547,280	$213,911,775
Appellate Tax Board	$2,004,499	$400,000	$2,404,499
Human Resources Division	$3,000	$2,031,977	$2,034,977
Operational Services Division	$2,304,000	$3,168,167	$5,472,167
Information Technology Division	$0	$637,000	$637,000
Public Employee Retirement Administration	$179	$0	$179
TOTALS :	$1,075,101,754	$31,284,424	$1,106,386,178
Executive Office of Energy & Environmental Affairs
Executive Office of Energy & Environmental Affairs	$4,940,150	$220,000	$5,160,150
Department of Environmental Protection	$34,558,179	$3,312,010	$37,870,189
Department of Fish and Game	$16,475,655	$319,489	$16,795,144
Department of Agricultural Resources	$6,386,877	$0	$6,386,877
Department of Conservation and Recreation	$13,583,556	$8,486,831	$22,070,387
Department of Public Utilities	$13,545,847	$2,400,000	$15,945,847
Department of Energy Resources	$3,982,418	$0	$3,982,418
TOTALS :	$93,472,682	$14,738,330	$108,211,012
Executive Office of Health and Human Services
Department of Veterans' Services	$15,000	$300,000	$315,000
Secretary of Health and Human Services	$5,975,931,850	$225,000,000	$6,200,931,850
Division of Health Care Finance and Policy	$308,687,773	$100,000	$308,787,773
Mass Commission for the Blind	$2,857,411	$0	$2,857,411
Massachusetts Rehabilitation Commission	$3,668,640	$0	$3,668,640
Mass Commission for the Deaf	$127,981	$0	$127,981
Chelsea Soldiers' Home	$11,554,205	$360,000	$11,914,205
Holyoke Soldiers' Home	$12,084,553	$380,000	$12,464,553
Department of Youth Services	$2,403,491	$0	$2,403,491
Department of Transitional Assistance	$485,797,898	$0	$485,797,898
Department of Public Health	$106,261,512	$56,468,548	$162,730,060
Department of Children and Families	$192,893,736	$4,100,000	$196,993,736
Department of Mental Health	$102,921,919	$125,000	$103,046,919
Department of Developmental Services	$444,006,455	$150,000	$444,156,455
Department of Elder Affairs	$1,389,768,524	$0	$1,389,768,524
TOTALS :	$9,038,980,948	$286,983,548	$9,325,964,496
Massachusetts Department of Transportation
Massachusetts Department of Transportation	$512,795,300	$0	$512,795,300
TOTALS :	$512,795,300	$0	$512,795,300
Board of Library Commissioners
Board of Library Commissioners	$2,000	$0	$2,000
TOTALS :	$2,000	$0	$2,000
Executive Office of Housing & Economic Development
Department of Housing & Community Development	$2,602,560	$2,323,853	$4,926,413
Office of Consumer Affairs and Business Regulation	$1,435,180	$500,000	$1,935,180
Division of Banks	$21,637,822	$2,650,000	$24,287,822
Division of Insurance	$77,427,484	$0	$77,427,484
Division of Professional Licensure	$15,477,088	$0	$15,477,088
Division of Standards	$1,634,580	$428,751	$2,063,331
Department of Telecommunications and Cable	$4,978,385	$0	$4,978,385
TOTALS :	$125,193,099	$5,902,604	$131,095,703
Executive Office of Labor & Workforce Development
Department of Workforce Development	$314,005	$0	$314,005
Department of Labor	$2,273,912	$452,850	$2,726,762
Division of Industrial Accidents	$24,055,200	$0	$24,055,200
Division of Labor Relations	$105,967	$100,000	$205,967
TOTALS :	$26,749,084	$552,850	$27,301,934
Executive Office of Education
Department of Early Education and Care	$198,499,199	$0	$198,499,199
Department of Elementary and Secondary Education	$7,786,500	$0	$7,786,500
University of Massachusetts	$46,662,309	$0	$46,662,309
Bridgewater State College	$3,043,997	$0	$3,043,997
Fitchburg State College	$3,171,228	$0	$3,171,228
Framingham State College	$2,478,160	$0	$2,478,160
Massachusetts College of Liberal Arts	$371,415	$0	$371,415
Salem State College	$3,511,560	$0	$3,511,560
Westfield State College	$2,749,770	$0	$2,749,770
Worcester State College	$2,793,692	$0	$2,793,692
Massachusetts Maritime Academy	$318	$0	$318
Berkshire Community College	$289,833	$0	$289,833
Bristol Community College	$715,010	$0	$715,010
Cape Cod Community College	$594,030	$0	$594,030
Greenfield Community College	$347,661	$0	$347,661
Holyoke Community College	$999,417	$0	$999,417
Mass Bay Community College	$1,168,852	$0	$1,168,852
Massasoit Community College	$979,538	$0	$979,538
Mount Wachusett Community College	$421,978	$0	$421,978
Northern Essex Community College	$782,537	$0	$782,537
North Shore Community College	$889,664	$0	$889,664
Quinsigamond Community College	$520,316	$0	$520,316
Springfield Technical Community College	$1,041,234	$0	$1,041,234
Roxbury Community College	$243,750	$529,843	$773,593
Middlesex Community College	$594,522	$0	$594,522
Bunker Hill Community College	$1,467,443	$0	$1,467,443
TOTALS :	$282,123,933	$529,843	$282,653,776
Executive Office of Public Safety and Security
Office of the Chief Medical Examiner	$1,610,000	$2,100,000	$3,710,000
Criminal History Systems Board	$9,581,200	$0	$9,581,200
Department of State Police	$625,317	$32,016,200	$32,641,517
Department of Public Safety	$19,713,517	$5,590,182	$25,303,699
Department of Fire Services	$22,357,300	$25,000	$22,382,300
Merit Rating Board	$15,000	$0	$15,000
Military Division	$2,500	$1,400,000	$1,402,500
Municipal Police Training Committee	$2,000	$450,000	$452,000
Emergency Management Agency	$710,021	$0	$710,021
Department of Corrections	$12,243,447	$5,600,000	$17,843,447
Parole Board	$440,000	$600,000	$1,040,000
TOTALS :	$67,300,302	$47,781,382	$115,081,684
Sheriffs
Sheriff's Department Hampden	$789,000	$3,505,423	$4,294,423
Sheriff's Department Worcester	$109,500	$0	$109,500
Sheriff's Department Middlesex	$219,000	$950,000	$1,169,000
Sheriff's Department Franklin	$64,860	$2,100,000	$2,164,860
Sheriff's Department Hampshire	$34,200	$250,000	$284,200
Sheriff's Department Essex	$643,600	$2,000,000	$2,643,600
Sheriff's Department Berkshire	$50,000	$1,300,000	$1,350,000
Sheriff's Department Association		$344,790	$344,790
Sheriff's Department Barnstable	$0	$250,000	$250,000
Sheriff's Department Bristol	$1,500,000	$6,500,000	$8,000,000
Sheriff's Department Dukes	$0	$0	$0
Sheriff's Department Nantucket	$0	$0	$0
Sheriff's Department Norfolk	$0	$2,500,000	$2,500,000
Sheriff's Department Plymouth	$0	$16,000,000	$16,000,000
Sheriff's Department Suffolk	$0	$8,000,000	$8,000,000
TOTALS :	$3,410,160	$43,700,213	$47,110,373
Total Non-Tax Revenue  :	$12,480,772,957	$1,314,760,025	$13,795,532,982

 

 

JUDICIARY.

 

Supreme Judicial Court.

 

0320-0003               For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices               $ 7,852,391

 

General Fund               96.645%

FMAP Budget Relief Fund               3.355%

 

0320-0010               For the operation of the clerk’s office of the supreme judicial court for Suffolk county               $1,174,133

 

General Fund               97.735%

FMAP Budget Relief Fund               2.265%

 

0321-0001               For the operation of the commission on judicial conduct               $512,657

 

0321-0100               For the services of the board of bar examiners               $ 1,075,000

 

General Fund               98.738%

FMAP Budget Relief Fund               1.262%

 

Committee for Public Counsel Services .

 

0321-1500               For the operation of the committee for public counsel services, as authorized by chapter 211D of the General Laws; provided, that the committee shall submit a report to the clerks of the house of representatives and senate and the house and senate committees on ways and means, not later than January 31, 2011, 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 ser vices 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 not later than January 31, 2011, on the progress of the public defender division; 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 ; and provided further , that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, 20 district court attorneys shall be hired as authorized by section 5 of chapter 54 of the acts of 2005 , and the committee for public counsel services shall hire: 7 superior court attorneys; 1 delinquency attorney and 1 additional auditor t o the audit and oversight unit, and 7 new juvenile defender offices shall be opened in the following areas: Springfield/Holyoke, New Bedford/Fall River, Lowell/Lawrence, Brockton, Quincy, Cambridge/Somerville and Salem/Lynn , and the committee shall establish a murder trial and appeals unit and establish a menta l health civil commitment unit, and an additional child and family law trial office shall be opened in the New Bedford/Fall River area and a child and family law appeals office shall be opened i n the metropolitan Boston area, and 1 additional attorney shall be hired in both the Worcester and Pittsfield child and family law offices               $ 33,855,081

 

General Fund               95.274%

FMAP Budget Relief Fund               4.726%

 

0321-1510               For compensation paid to private counsel assigned to criminal and civil cases under paragraph (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 2011               $117,506,173

 

0321-1518               For the chief counsel for the committee for public counsel services which 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 r endered before fiscal year 2011               $13,564,300

 

General Fund               91.890%

FMAP Budget Relief Fund               8.110%

 

Massachusetts Legal Assistance Corporation .

 

0321-1600               For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 28, 2011 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; provided further, that the corporation may contract with any organization for the purpose of providing the representation; and provided further, that notwithstanding the first paragraph of section 9 of chapter 221A of the General Laws, funds shall be expended for the Disability Benefits Project, the Medicare Advocacy Project, and the Battered Women ’s Legal Assistance Project               $9,500,000

 

M ental H ealth L egal A dvisors .

 

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 .               $707,599

 

Prisoners’ Legal Services.

 

0321-2100               For Prisoners ’ Legal Services, formerly known as the Massachusetts correctional legal services committee               $902,016

 

S ocial L aw L ibrary .

 

0321-2205               For the expenses of the social law li brary located in Suffolk county               $1,000,000

 

Appeals Court.

 

0322-0100               For the appeals court, including the salaries, traveling allowances and expenses of the chief justice, recall judges and the associate justices               $ 10,730,031

 

General Fund               97.930%

FMAP Budget Relief Fund               2.070%

 

Trial Court.

 

0330-0101               For the salaries of the justices of the 7 departments of the trial court; provided, that the chief justice for administration and management shall provide written notification to the house and senate committees on ways and means of any transfer of funds from this item to any other item of appropriation within 30 days of the transfer               $49,836,452

 

General Fund               98.576%

FMAP Budget Relief Fund               1.424%

 

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 agreements, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rentals and leases, operation of courthouse facilities, rental of county court facilities, witness fees, printing expenses, equipment maintenance and repairs, the court interpreter program,   insurance and chargeback costs, the Massachusetts sentencing commission, permanency mediation services, alternative dispute resolution, court security and judicial training; 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 February 1, 2011, detailing the number of court officers, per diem court officers and security personnel located in each trial court of the commonwealth; provided further, that the chief justice for administration and management may expend funds for guardian ad litem services; provided further, that notwithstanding any general or special law to the contrary, the chief justice for administration and management shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means 90 days prior to the temporary closure or temporary relocation of courthouses; provided further, that said report shall include, but not be limited to, the transfer of personnel, the reallocation of resources, the impact on other courthouses resulting from the temporary closure of said court and other factors that may affect implementation of said temporary closure; 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 of the General Laws, 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 of the General Laws, 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 of the General Laws; 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 10, 2011               $188,247,375

 

0330-3333               For the chief justice for administration and management who may expend for the operation of the trial court an amount not to exceed $27,000,000 from fees charged and collected pursuant to section 3 of chapter 90C of the General Laws, section 22 of chapter 218 of the General Laws and sections 2, 4A, 4B, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that a schedule detailing the full allotment of said $27,000,000 shall be submitted to the house and senate committees on ways and means not later than January 31, 2011; provided further, that the first $53,000,000 of revenue received from the fees shall be deposited in the General Fund and not retained; 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 1/2 of this authorization or the most recent revenue estimate, as reported in the state accounting system               $27,000,000

 

0330-3334               For the chief justice for administration and management who may expend for the operation of the department an amount not to exceed $26,000,000 from fees charged and collected under section 87A of chapter 276 of the General Laws; provided, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made; and provided further, that a schedule detailing the full allotment of said $26,000,000 shall be submitted to the house and senate committees on ways and means not later than January 31, 2011               $26,000,000

 

0330-3337               For additional expenses associated with the operation of the trial court; provided, that a schedule detailing all transfers shall be submitted to the house and senate committees on ways and means not later than January 31, 2011               $9,300,000

 

Superior Court Department .

 

0331-0100               For the operation of the superior court department; provided, that funds shall be expended for the medical malpractice tribunals in accordance with section 60B of chapter 231 of the General Laws; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping               $ 20,845,577

 

General Fund               95.861%

FMAP Budget Relief Fund               4.139%

 

District Court Department.

 

0332-0100               For the operation of the district court department, including a civil conciliation program; provided, that notwithstanding the provisions of any general or special law to the contrary, the district court of Chelsea shall be the permanent location for the northern trial session to handle 6 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               $ 34,570,850

 

General Fund               95.127%

FMAP Budget Relief Fund               4.873%

 

Probate and Family Court Department.

 

0333-0002               For the operation of the probate and family court department               $ 17,818,433

 

General Fund               95.755%

FMAP Budget Relief Fund               4.245%

 

Land Court Department.

 

0334-0001               For the operation of the land court department               $ 2,127,067

 

General Fund               96.135%

FMAP Budget Relief Fund               3.865%

 

Boston Municipal Court Department.

 

0335-0001               For the operation of the Boston municipal court department               $ 6,490,437

 

General Fund               94.393%

FMAP Budget Relief Fund               5.607%

 

Housing Court Department.

 

0336-0002               For the operation of the housing court department               $ 3,785,326

 

General Fund               95.041%

FMAP Budget Relief Fund               4.959%

 

Juvenile Court Department.

 

0337-0002               For the operation of the juvenile court department; provided, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, the department shall not reduce the amount allocated to the CASA programs as appearing in items 0337-0300, 0337-0400, 0337-0500, 0337-0600, 0337-0700, 0337-0800, 0337-0900 of section 2 of chapter 182 of the acts of 2008               $ 10,548,516

 

General Fund               85.925%

FMAP Budget Relief Fund               14.075%

 

Office of the Commissioner of Probation .

 

0339-1001               For the office of the commissioner of probation; provided, that notwithstanding any general or special law or 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 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 intensive supervision and community restraint services described in item 0339-1003; provided further, that funds from this item shall be expended for the costs associated with full implementation of chapter 303 of the acts of 2006 and chapter 418 of the acts of 2006 to ensure effective supervision of probationers who are monitored through global positioning system bracelets; provided further, that no funds shall be expended from this 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 use the department ’ s wage reporting and bank match system for the purpose of weekly tape-matching to determine 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 joint committee on the judiciary and the house and senate committees on ways and means detailing the  progress of eligibility verification with the department; provided further, that the report shall include, but not be limited to: (a) the number of individuals determined to be indigent, (b) the number of individuals determined not to be indigent; (c) the number of individuals to be found misrepresenting assets; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency, as defined in section 2 ½ of said chapter 211D; (e) the revenue generated through collection of indigent client fees; (f) the average indigent client fee that each court division collects per case since the effective date of this act; (g) the number of indigency client fees collected and the number waived on a monthly basis by court division and individual court; (h) recommendations on improvements in verifying eligibility for counsel; and (i) other pertinent information to ascertain the effectiveness of verification; and provided further, that the information within such report shall be delineated by court division               $ 121,638,285

 

General Fund               98.166%

FMAP Budget Relief Fund               1.834%

 

0339-1003               For the operation of the office of community corrections, including the costs of personnel; provided, that funds shall be expended for the costs of intensive supervision and community corrections programs; provided further, 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 funds shall be expended to such programs in each county in fiscal year 2011; provided further, that the executive director of the office of community corrections 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 31, 2011; provided further, that the plan shall include the projected number of probationers to be served by each program and a description of the oversight and services provided to the probationers; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, funds shall be expended to operate the community corrections facilities that ceased operations on November 1, 2009, at their existing locations for the full fiscal year               $ 24,005,668

 

General Fund               89.604%

FMAP Budget Relief Fund               10.396%

 

0339-1007               For the provision of substance abuse testing services; provided, that the commissioner of the office of probation shall transfer funds from this item to 0339-1001, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer               $500,000

 

Substance Abuse Prevention and Treatment Fund               100 .000 %

 

0339-1009               For the provision of substance abuse testing services; provided, that the executive director of the office of community corrections shall transfer funds from this item to 0339-1003, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer               $1,094,825

 

Substance Abuse Prevention and Treatment Fund               100 .000 %

 

0339-2100               For the office of the jury commissioner in accordance with chapter 234A of the General Laws               $2,398,691

 

Suffolk District Attorney .

 

0340-0100               For the Suffolk district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the domestic violence unit and the children ’ s advocacy center; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year  2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that funds may be expended for youth violence prevention initiatives; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer               $ 15,288,357

 

General Fund               99.007%

FMAP Budget Relief Fund               0.993%

 

0340-0101               For the overtime costs of state police officers assigned to the Suffolk district attorney ’ s office               $337,431

 

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 not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year  2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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               $13,038,535

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

 

0340-0201               For the overtime costs of state police officers assigned to the Middlesex district attorney ’ s office               $491,890

 

Eastern District Attorney.

 

0340-0300               For the Eastern district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association no later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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 t o make that transfer               $8,011,056

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0301               For the overtime costs of state police officers assigned to the Eastern district attorney ’ s office               $480,334

 

Worcester District Attorney.

 

0340-0400               For the Worcester district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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               $8,466,451

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0401               For the overtime costs of state police officers assigned to the Worcester district attorney ’ s office               $393,809

 

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               $400,000

 

0340-0420               For the costs associated with moving the Worcester District Attorney ’ s Office               $267,000

 

Hampden District Attorney .

 

0340-0500               For the Hampden district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; and 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               $7,623,079

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0501               For the overtime costs of state police officers assigned to the Hampden district attorney ’ s office               $323,713

 

Hampshire/Franklin District Attorney.

 

0340-0600               For the Hampshire/Franklin district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year  2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; and provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer               $4,746,396

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0601               For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney ’ s office               $280,236

 

Norfolk District Attorney.

 

0340-0700               For the Norfolk district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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               $7,810,091

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0701               For the overtime costs of state police officers assigned to the Norfolk district attorney ’ s office               $406,958

 

Plymouth District Attorney.

 

0340-0800               For the Plymouth district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer               $6,774,559

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0801               For the overtime costs of state police officers assigned to the Plymouth district attorney ’ s office               $409,373

 

Bristol District Attorney.

 

0340-0900               For the Bristol district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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               $7,048,574

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-0901               For the overtime costs of state police officers assigned to the Bristol district attorney ’ s office               $310,779

 

0340-0902               For the costs associated with relocating to the new district court house in Fall River               $75,000

 

FMAP Budget Relief Fund               100.000%

 

Cape and Islands District Attorney .

 

0340-1000               For the Cape and Islands district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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               $3,445,389

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-1001               For the overtime costs of state police officers assigned to the Cape and Islands district attorney ’ s office               $265,462

 

Berkshire District Attorney.

 

0340-1100               For the Berkshire district attorney ’ s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the drug task force and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association not later than January 31, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 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 not later than January 31, 2011, 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 2008, 2009 and 2010; (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, 2011; 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; and provided further, that funds shall be expended for the operation and management of the Berkshire County Drug Task Force               $3,354,920

 

General Fund               99.000%

FMAP Budget Relief Fund               1.000%

 

0340-1101               For the overtime costs of state police officers assigned to the Berkshire district attorney ’ s office               $204,882

 

0340-1102               For costs associated with moving the Berkshire District Attorney ’ s office               $65,740

 

FMAP Budget Relief Fund               100.000%

 

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 may contribute a portion of their fiscal year 2011 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 attorneys ’ 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 district attorney 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 district attorneys office that remain open as of the date for submission of said report; and (d) the number of cases resulting in 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 14, 2011; 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 work in conjunction with the 11 district attorneys ’ offices to prepare and submit a report to the house and senate committees on ways and means not later than February 28, 2011, summarizing the number and types of criminal cases managed or prosecuted by all district attorneys ’ offices in calendar year 2010 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 the 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 attorneys ’ offices to prepare and submit a report to the house and senate committees on ways and means not later than February 28, 2011, detailing all district attorney offices ’ use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into an office ’ s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 1, 2011; and provided further, that the department shall work together with the 11 district attorneys ’ offices to submit a report to the house and senate committees on ways and means not later than January 31, 2011, 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 at each of the 11 district attorneys ’ offices; (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               $1,580,958

 

General Fund               68.976%

FMAP Budget Relief Fund               31.024%

 

0340-8908               For the costs associated with maintaining the Massachusetts District Attorneys Association ’ s wide area network               $1,254,371

 

General Fund               96.928%

FMAP Budget Relief Fund               3.072%

 

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 intellectual disability ; provided further, that funds may be expended for the governor ’ s development coordinating council; and provided further, that the advisory council on Alzheimer ’ s disease and related disorders, as established in the office of the governor by section 379 of chapter 194 of the acts of 1998 and section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2011               $4, 470,431

 

General Fund               97.999%

FMAP Budget Relief Fund               2.001%

 

0411-1005               For the operation of the office of the child advocate               $243,564

 

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 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 the regulations or standards established by the secretary of state and  the records conservation board; and provided further, that those regulations shall be   issued not later than June 30, 2011               $6, 033,086

 

0511-0001               For the secretary of state who 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

 

0511-0002               For the operation of the corporations division; provided, that the division shall implement a corporate dissolution program which  shall have a specific focus on limited liability corporations and limited liability partnerships  that have failed in their statutory responsibility to file an annual report; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the total number of annual reports filed as a result of this program and the amount of revenue generated for the commonwealth               $254,213

 

0511-0200               For the operation of the archives division               $378,121

 

0511-0230               For the operation of the records center               $36,217

 

0511-0250               For the operation of the archives facility               $296,521

 

0511-0260               For the operation of the commonwealth museum               $243,684

 

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               $621,750

 

0511-0420               For the operation of the address confidentiality program               $145,308

 

General Fund               90.056%

FMAP Budget Relief Fund               9.944%

 

0517-0000               For the printing of public documents               $600,000

 

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; and provided further, that the registration and education activities may be conducted by community-based voter registration and education organizations               $7,642,958

 

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 mean s on or before February 1, 2011               $5, 684,747

 

General Fund               98.912%

FMAP Budget Relief Fund               1.088%

 

0524-0000               For providing information to voters               $1,257,044

 

0526-0100               For the operation of the Massachusetts historical commission               $750,000

 

0527-0100               For the operation of the ballot law commission               $10, 545

 

0528-0100               For the operation of the records conservation board               $34,056

 

0540-0900               For the registry of deeds located in the city of Lawrence in the former county of Essex               $1,048,798

 

0540-1000               For the registry of deeds located in the city of Salem in the former county of Essex               $2,787,199

 

0540-1100               For the registry of deeds in the former county of Franklin               $463,183

 

0540-1200               For the registry of deeds in the former county of Hampden               $1, 715,255

 

General Fund               98.756%

FMAP Budget Relief Fund               1.244%

 

0540-1300               For the registry of deeds in the former county of Hampshire               $486,003

 

0540-1400               For the registry of deeds located in the city of Lowell in the former county of Middlesex               $1,148,053

 

0540-1500               For the registry of deeds located in the city of Cambridge in the former county of Middlesex               $2, 968,008

 

General Fund               99.863%

FMAP Budget Relief Fund               0.137%

 

0540-1600               For the registry of deeds located in the town of Adams in the former county of Berkshire               $ 261,391

 

General Fund               98.750%

FMAP Budget Relief Fund               1.250%

 

0540-1700               For the registry of deeds located in the city of Pittsfield in the former county of Berkshire               $ 440,593

 

General Fund               97.735%

FMAP Budget Relief Fund               2.265%

 

0540-1800               For the registry of deeds located in the town of Great Barrington in the former county of Berkshire               $ 218,987

 

General Fund               98.255%

FMAP Budget Relief Fund               1.745%

 

0540-1900               For the registry of deeds in the former county of Suffolk               $1, 815,405

 

General Fund               97.914%

FMAP Budget Relief Fund               2.086%

 

0540-2000               For the registry of deeds located in the city of Fitchburg in the former county of Worcester               $ 681,218

 

General Fund               98.695%

FMAP Budget Relief Fund               1.305%

 

0540-2100               For the registry of deeds located in the city of Worcester in the former county of Worcester               $2,228,331

 

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 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 14, 2011; provided further, that funds may be expended for the payment of bank fees; provided further, that financial assistance shall be made available to injured firefighters; and provided further, that the treasurer ’ s office shall pay half of the administrative costs of the municipal finance oversight board from this item               $9,220,211

 

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 the commission shall seek out matching federal dollars and apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages               $1,993,336

 

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, 2011 detailing the results of said program               $200,000

 

General Fund               50.000%

FMAP Budget Relief Fund               50.000%

 

0610-0140               For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the General Fund and the Commonwealth Stabilization Fund investments               $21,582

 

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 $100,000 for costs incurred in the administration of these payments; and provided further, that the treasurer shall notify the house and senate committees on ways and means upon the expenditure of the funds appropriated herein               $3,155,604

 

0611-1000               For bonus payments to war veterans               $44,500

 

0612-0105               For payment of the public safety employee killed in the line of duty benefit authorized by section 100A of chapter 3 2 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               $100,000

 

Lottery Commission.

 

0640-0000               For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that positions funded by this item shall not be subject to chapters 30 and 31 of the General Laws; and provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the State Lottery Fund to the General Fund               $76,707,174

 

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               $2,715,484

 

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               $2,000,000

 

0640-0096               For the purpose of the commonwealth ’ s fiscal year 2011 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 888, AFL-CIO; provided, that the contributions shall be paid to the trust fund on such basis as the collective bargaining agreement provides; and provided further, that 25 per cent of the amount appropriated in this item shall be transferred quarterly from the State Lottery Fund to the General Fund               $355,945

 

MASSACHUSETTS CULTURAL COUNCIL.

 

0640-0300               For the services and operations of the council, including grants to or contracts with public and non-public entities; provided, that notwithstanding any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections 52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times as the council may determine pursuant to section 54 of said chapter 10; provided further, that 25 per cent of the amount appropriated herein shall be transferred quarterly from the Arts Lottery Fund to the General Fund; provided further, that any funds expended from this item for the benefit of schoolchildren shall be expended for the benefit of all Massachusetts schoolchildren and on the same terms and conditions; provided further, that the council shall not expend funds from this item for any grant or contract recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such schoolchildren; provided further, that 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; and provided further, that funding provided in this item shall be in addition to $3,000,000 in funding from the Massachusetts Development Finance Authority made available for the Massachusetts cultural council               $6, 249,712

 

General Fund               97.585%

FMAP Budget Relief Fund               2.415%

 

Debt Service .

 

0699-0015               For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth; provided, 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, items 0699-9100, 0699-2004 and 0699-0016; 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, 2011, from item 0699-0015 to items 0699-9100, 0699-2004 and 0699-0016 or from items 0699-9100, 0699-2004 and 0699-0016 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2011; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; and provided further, that payments on bonds issued pursuant to section 2O of said chapter 29 shall be paid from this item and shall be charged to the Infrastructure sub-fund of the Commonwealth Transportation Fund               $1,629,810,807

 

General Fund               51.947%

FMAP Budget Relief Fund               0.043%

Com monwealth Transportation Fund               48.010 %

 

0699-0016               For the payment of interest, discount and principal on certain indebtedness incurred under chapter 233 of the acts of 2008 for financing the accelerated bridge program               $39,979,615

 

Commonwealth Transportation Fund               100 .000 %

 

0699-2004               For the pay ment of interest, discount and principal on certain indebted ness which may be incurred for financing the   central artery/third harbor tunnel funding shortfall               $90,085,000

 

Commonwealth Transportation Fund               100 .000 %

 

0699-9100               For the payment of costs associated with any bonds, notes or other obligations of the commonwealth, including issuance costs, interest on bonds, bond and revenue anticipation notes, commercial paper, 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, 2011 shall be charged to the various funds or to the General Fund or Commonwealth Transportation Fund debt service reserves               $66,791,390

 

0699-9101               For the purpose of depositing with the trustee under the trust agreement authorized in section 10B of chapter 11 of the acts of 1997, an amount to be used to pay the interest due on notes of the commonwealth issued pursuant to section 9 of said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust Fund               $35,845,000

 

Commonwealth Transportation Fund               100 .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, the secretary of veterans ’ services 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 1, 2010, on the effectiveness and efficiency of creating a program of behavioral health career development for returning veterans under a federal yellow ribbon scholarship entitled “Train Vets To Treat Vets” in conjunction with the Massachusetts School of Professional Psychology; provided further, that the department may expend funds for the Glory 54th Brigade ; 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, 2010 on the secretariat ’ s implementation of and the out reach efforts of the so-called “welcome home bill” ; 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 ; and p rovided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, not less than the amount expended in fiscal year 2009 shall be expended for the purpose of maintaining and rehabilitating Massachusetts Vietnam Veterans memorials               $2, 158,506

 

General Fund               98.842%

FMAP Budget Relief Fund               1.158%

 

1410-0012               For services to veterans, including the maintenance and operation of outreach centers; provided, that the department shall not reduce the amount allocated to a program or its successor listed in this item, in section 2 of chapter 2 7 of the acts of 2009; provided further, that funds shall not be expended for the Middleboro Veterans ’ Outreach Center; provided further, that an amount equal to the amount of funds expended in fiscal year 2010 for the Middleboro Veterans ’ Outreach Center shall be transferred to the Nathan Hale Foundation of Plymouth; provided further, that the centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; and provided further, that these centers shall provide services to veterans who were discharged after September 11, 2001, and their families               $1,738,686

 

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

 

1410-0018               For the department of veterans ’ services which may expend not more than $300,000 for the maintenance and operation of Agawam and Winchendon veterans ’ cemeteries from revenue collected from fees, grants, gifts or other contributions to the cemeteries; prior appropriation 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               $96,500

 

1410-0250               For veterans ’ homelessness services; provided, that the department shall not reduce the amount allocated to a program or its successor in section 2 of chap ter 27 of the acts of 2009; and provided further, that the Western Massachusetts Bilingual Veterans Outreach Center shall be the successor to the Springfield Bilingual Veterans Outreach Center at the YMCA               $2,083,073

 

1410-0251               For the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Center for Homeless Veterans located in the city of Boston               $2,278,543

 

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 2011 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               $19,862,118

 

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; provided further, that training will be provided annually and on an as needed basis to veterans ’ services organizations to make them aware of the provision of said chapter 115 and all other benefits to which a veteran or the veteran ’ s dependents may be entitled; 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 to 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 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               $36,972,473

 

1410-0630               For the administration of the veterans ’ cemeteries in the towns of Agawam and Winchendon               $946,136

 

General Fund               95.066%

FMAP Budget Relief Fund               4.934%

 

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               $13,937,88 0

 

0710-0100               For the operation of the division of local mandates               $379,643

 

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 pr oduce shortfalls in collections               $1,812,420

 

0710-0225               For the operation of the Medicaid Audit Unit within the Division of Audit Operations in an effort to prevent and to identify fraud and abuse in the MassHealth system; provided, that the federal reimbursement for any expenditure from this item shall not be less than 50 per cent; and provided further, that the division shall submit a report no later than December 1, 2010 to the house and senate committees on ways and means detailing all findings on activities and payments made through the MassHealth system               $897,829

 

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 assistance program shall be administered in accordance with chapters 258B and 258C of the General Laws; and provided further, that the attorney general shall submit to the general court and the secretary of administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0810-0004 indicating both the number and c osts for each category of claim               $22,705,260

 

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 c hapter 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               $ 390,676

 

General Fund               87.202%

FMAP Budget Relief Fund               12.798%

 

0810-0013               For the office of the attorney general which may expend for a false claims program an amount not to exceed $575,000 from revenues collected from enforcement of the false claims law; 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               $575,000

 

0810-0014               For the operation of the department of public utilities proceedings unit within the office of the 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, shall equal the amount expended from this item and the associated fringe benefits costs for personnel paid from this item; and provided further, that funds 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 beh alf 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 funds 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               $3,814,923

 

0810-0045               For the labor law enforcement program pursuant to subsection (b) of section 1A 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               $3,121,902

 

General Fund               93.901%

FMAP Budget Relief Fund               6.099%

 

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 notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount expended from this item and the associated fringe benefits costs for personnel paid from this item ; and provided further, that funds may be expended for costs associated with health insurance rate hearings               $1,539,942

 

0810-0338               For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the a mount appropriated by this item               $438,506

 

0810-0399               For the investigation and prosecution of workers ’ compensation fraud; provided, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount appropriated by this item; provided further, that the attorney general shall investigate and prosecute, when appropriate, employ ers 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 Gen eral 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, 2011               $549,090

 

General Fund               92.747%

FMAP Budget Relief Fund               7.253%

 

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 1, 2011, 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               $749,327

 

General Fund               98.915%

FMAP Budget Relief Fund               1.085%

 

STATE ETHICS COMMISSION.

 

0900-0100               For the operation of the state ethics commission               $1,731,122

 

OFFICE OF THE INSPECTOR GENERAL.

 

0910-0200               For the operation of the office of the inspector general               $2,277,462

 

0910-0210               For the office of the inspector general which may expend revenues collected up to a maximum of $600,000 from the fees charged to participants in the Massachusetts public purchasing official certification program and the certified public manager program for the operation of such programs; provided, that for the purpose of accommodating discrepancies between the receipts of retained revenues and related expenditures, the office of the inspector general may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system               $600,000

 

OFFICE OF CAMPAIGN AND POLITICAL FINANCE.

 

0920-0300               For the operation of the office of campaign and political finance               $1,221,696

 

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 1, 2010, 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 7, 2011; provided further, that the commission shall identify in the reports the number of cases in which the commission has determined there is probable cause to believe that a violation of chapter 151B of the General Laws has been committed in a case in which the Massachusetts Bay Transportation Authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means, on or before November 1, 2010, 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  2010 and the total number of cases closed by the commission in fiscal year  2010; 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 allowabl e rate of federal reimbursement               $2,543,312

 

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 2011 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

 

COMMISSION ON THE STATUS OF WOMEN.

 

0950-0000               For the commission on the status of women               $70,000

 

COMMISSION ON GAY, LESBIAN, BISEXUAL AND TRANSGENDER YOUTH.

 

0950-0050               For the commission on gay, lesbian, bisexual and transgender youth; provided, that funds shall be used to address issues impacting gay and lesbian youth including, but not limited to, health disparities for gay, lesbian, bisexual and transgender youth, the support and safety of gay and lesbian students and related suicide and violence prevention efforts               $100,000

 

FMAP Budget Relief Fund               100.000%

 

OFFICE OF THE STATE COMPTROLLER.

 

1000-0001               For the office of the state comptroller; provided, that the amount of any federal funds and grant receipts 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 of 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 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 agreement the comptroller shall notify the house and senate committees on ways and means; provided further, that the 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               $ 7,557,188

 

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 nondiscrimination and equal opportunity; provided further, that whenever noncompliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report the resulting recommendations to the head of the particular agency, board, department, commission or division, to the governor and to the Massachusetts commission against discrimination; provided further, that the secretary shall report on the status of each agency, board, department, commission or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or noncompliance 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, 2010; and provided further, that agencies within the executive office may, with the prior approval of the secretary, streamline and improve administrative operations pursuant to interdepartmental service agreements               $3,067,205

 

General Fund               95.354%

FMAP Budget Relief Fund               4.646%

 

1100-1700               For the provision of information technology services within the executive office for administration and finance               $ 26,784,086

 

General Fund               95.215%

FMAP Budget Relief Fund               4.785%

 

Division of Capital Asset Management and Maintenance.

 

1102-3205               For the division of capital asset management and maintenance which may expend for the maintenance and operation of the Massachusetts information technology center, the state transportation building and the Springfield state office building an amount not to exceed $16,250,000 in revenues collected from rentals, commissions, fees, parking fees and any other sources pertaining to the operations of said facilities; 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               $16,250,000

 

1102-3232               For the division of capital asset management and maintenance; 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 continue to provide funding for all janitorial services at the same level provided in fiscal year 2010 for all the buildings under the jurisdiction of the state superintendent, and  provided further; that the bureau shall retain jurisdiction over all contracts, purchases and payments for materials and services required in the operation of the bureau               $4,370,117

 

1102-3302               For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings               $5,442,944

 

General Fund               90.132%

FMAP Budget Relief Fund               9.868%

 

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               $774,000

 

General Fund               80.815%

FMAP Budget Relief Fund               19.185%

 

1102-3307               For state house accessibility coordination, including communications access to public hearings and meetings; provided, that access shall include interpreter services for the deaf and hard of hearing               $138,476

 

Office on Disability .

 

1107-2400               For the Massachusetts office on disability               $544,989

 

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 developmental services 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 department of developmental services, the department of 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 shall be capable of being recorded, that all persons who call the hotline shall be immediately informed that all calls are routinely recorded and that each such person shall be provided with   the   opportunity to elect that the call not be recorded               $2,174,159

 

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 provide for reimbursement to the General Fund; and provided further, that the civil service commission may assess a fee upon the appointing authority when inappropriate action has occurred               $417,043

 

Group Insurance Commission .

 

1108-5100               For the administration of the group insurance commission; provided, that the commission shall generate the maximum amounts allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws               $ 2,445,379

 

1108-5200               For the commonwealth ’ s share of the group insurance premium and plan costs incurred in fiscal year 2011; 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 2011, and any unexpended balance in this item shall revert to the General Fund on June 30, 2011; provided further, 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 of the General Laws and for the purposes of section 14 of said chapter 32A, the commonwealth ’ s share of the group insurance premiums for state employees who have retired before July 1, 1994, shall be 90 per cent and the commonwealth ’ s share of the group insurance premiums 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 premiums for active state employees h ired on or before June 30, 2003 and their dependents shall be 80 per cent; provided further, that the commonwealth ’ s share of the group insurance premiums for active state employees hired after June 30, 2003 and their dependents shall be 75 per cent;  provided further, that the commonwealth ’ s share of the group insurance premiums for active state employees who filed an application for retirement on or after August 7, 2009, and on or before October 1, 2009, for a retirement date not later than January 31, 2010, shall be 85 per cent; provided further, that the commonwealth ’ s share of the group insurance premiums for active state employees who file an application for retirement after October 1, 2009, shall be 80 per cent until a different contribution rate is established under said section 8 of chapter 32A; provided further, that the commission shall notify the house and senate committees on ways and means by April 1 of each year of the cost of the commonwealth ’ s projected share of group insurance premiums for the next fiscal year; 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; and provided further, that in fiscal year 2011, the group insurance commission may pay for costs for employees of the office of a transferred sheriff remaining in the county health plan and other entities for the period ending not later than November 1, 2010                 $1,160,940,774

 

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 $950,000 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 t he most recent revenue estimate as reported in the state accounting system               $950,000

 

1108-5350               For elderly governmental retired employee premium payments               $496,458

 

1108-5400               For the costs of the retired municipal teachers premiums and the audit of such premiums               $75,230,149

 

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               $ 8,589,598

 

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; and provided further, that every decision issued by a commissioner or other head of agency, or designee, following the issuance of a recommended decision by an administrative law judge of the division, shall be an agency decision subject to judicial review pursuant to chapter 30A of the General Laws               $1,097,910

 

George Fingold Library.

 

1120-4005               For the administration of the George Fingold Library               $786,237

 

Department of Revenue .

 

1201-0100               For the operation of the department of revenue, including tax collection administration and audits of certain foreign corporations and the division of local services; provided, that the department may allocate funds 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 costs 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 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 shall be positions requiring the services of an incumbent, on either a full-time or less than full-time basis beginning no earlier than December 1 and ending no later than November 30; provided further, that seasonal positions funded by this account shall not be filled by an incumbent for more than 10 months within a 12-month period; provided further, that funds shall be expended for 1-time, nonrecurring grants to stampers related to the implementation of section 7B of chapter 64C of the General Laws and section 3A of chapter 64H of the General Laws; provided further, that the grants shall be awarded to stampers in accordance with regulations and procedures to be  developed by the department; provided further, that in awarding these grants, the department shall prioritize these applications from stampers with a principal place of business in the commonwealth; provided further, that in awarding these grants, the department shall prioritize those applications from stampers who have already incurred implementation costs; and provided further that  the department shall report to the house and senate committees on ways and means and the joint committee on revenue no later than September 30, 2010, on the regulations and procedures to be used in determining the grant awards               $ 85,503,884

 

General Fund               95.322%

FMAP Budget Relief Fund               4.678%

 

1201-0130               For the department of revenue which may expend for the operation of the department not more than $ 18,230 ,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 such 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: (1) the amount of revenue produced from these additional auditors; and (2) the amount of revenue produced by this item in fiscal years 2007, 2008, 2009 and 2010               $ 18,230,000

 

1201-0160               For child support enforcement; 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 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 the funds; provided further, that the federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for the network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this 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               $36,693,379

 

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

 

1231-1000               For the Commonwealth Sewer Rate Relief Fund, established in section 2Z of chapter 29 of the General Laws; 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 not later than October 1, 2010 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               $500,000

 

FMAP Budget Relief Fund               100.000%

 

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, payment of approved claims shall be as follows: to claimant who owns, or formerly owned, at least 1 but not more than 2 dispensing facilities; then payment to claimant who owns 3 but not more than 5 facilities; then payment to claimant who owns 6 but not more than 9 facilities; then payment to claimant who owns more than 9 facilities; and provided further, that not more than 50 percent of this appropriation shall be allocated to approved claimants prior to January 1, 2011               $13,099,454

 

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, 2011               $ 1,100,000

 

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 under clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Thirty-seventh, Thirty-seventh A, Forty-first, Forty-first B, Forty-first C, Forty-first C 1/2 and Fifty-second of section 5 of chapter 59 of the General Laws; provided further, that the commonwealth shall reimburse each city or town that accepts said clause Forty-first B or said 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; and provided further, that funds in this item shall be available 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               $25,301,475

 

1233-2350               For the distribution to cities and towns of the balance of the State Lottery Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional aid to municipalities, as provided for in section 3               $898,980,293

 

1233-2400               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               $27,270,000

 

General Fund               92.666%

FMAP Budget Relief Fund               7.334%

 

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, 2010, on the number of hearings held at each location               $1,736,891

 

General Fund               99.400%

FMAP Budget Relief Fund               0.600%

 

1310-1001               For the appellate tax board which may expend revenues up to a maximum of $400,000 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               $400,000

 

Reserves .

 

1599-0016               For a task force to prevent fraud, waste and abuse and to assist in the recovery of funds where fraud, waste or abuse is detected               $250,000

 

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

 

1599-0050               For Route 3 North contract assistance payments               $9,625,000

 

Commonwealth Transportation Fund               100 .000 %

 

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               $67,900,000

 

1599-1027               For a reserve for reimbursement to certain employees of the commonwealth for certain increases in health care cost-sharing expenditures               $19,806,288

 

1599-1701               For a reserve for the state share of costs to certain municipalities and municipal lighting plants as identified by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm, for the counties of Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester               $6,300,000

 

FMAP Budget Relief Fund               100.000%

 

1599-1970               For a reserve for the Massachusetts department of transportation for the purpose of defraying costs of the Massachusetts Turnpike Authority, or its successor, incurred in fiscal year 2011 under section 138 of chapter 27 of the acts of 2009               $125,000,000

 

Commonwealth Transportation Fund               100 .000 %

 

1599-1977               For contract assistance to the Massachusetts Development Finance Agency for payment of debt service and other obligations of the agency in connection with the Massachusetts Development Finance Agency special obligation bonds series 2010A under chapter 293 of the acts of 2006, as amended by chapter 129 of the acts of 2008               $1,000,000

 

1599-2009               For a reserve for Hale Hospital in the city of Haverhill               $1,920,000

 

FMAP Budget Relief Fund               100.000%

 

1599-2010               For a reserve to fund the District Local Technical Assistance Fund including projects that encourage regionalization to be administered by the division of local services and distributed through the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws               $2,000,000

 

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               $5,000,000

 

1599-3856               For rent and associated costs at the Massachusetts information technology center in Chelsea               $600,000

 

1599-4281               To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the National Association of Government Employees Union, Units 1, 3 and 6 for fiscal year 2011               $4,156,899

 

1599-4282               To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10 for fiscal year 2011               $9,562,523

 

1599-4283               To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the American Association of Federal, State, County and Municipal Employees Union, Council 93, Unit 2 for fiscal year 2011               $2,933,636

 

1599-4284               To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Massachusetts Organization of State Engineers and Scientists, Unit 9 for fiscal year 2011               $744,420

 

1599-4285               To provide for certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 888 for fiscal year 2011               $246,837

 

1599-4286               For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Berkshire Registries of Deeds – Service Employees International Union, Local 888; Essex North/South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653; Hampden Registry of Deeds – Office of Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – Office of Professional Employees International Union, Local 6; Suffolk Registry of Deeds – Service Employees International Union, Local 888; Worcester North Registry of Deeds – Service Employees International Union, Local 888 for fiscal year 2011               $76,082

 

1599-4704               For a reserve for certain payments associated with the costs of chapter 61 of the acts of 2009; provided, that any spending from this account shall be used solely for costs associated with the annual operations of the transferred sheriffs ’ departments and not for capital projects; provided further, that funds shall be expended for transferred sheriffs ’ existing obligations for payments in lieu of taxes; provided further, that the secretary of administration and finance shall file a report with the house and senate committees on ways and means not less than 30 days prior to the transfer of any funds from this reserve to an appropriation of a transferred sheriff; provided further, that this report shall include the requesting department, the amount requested by that department, the amount decided to be transferred to the requesting department and the planned use of the requested funds, specifying the object classes into which the funds will be transferred; and provided further, that any funds transferred under this item shall not be subject to section 29 of chapter 29               $10,300,000

 

General Fund               58.252%

FMAP Budget Relief Fund               41.748%

 

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 of administration and finance shall file with the house and senate committees on ways and means the amounts of any 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 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               $2,768,427

 

1750-0102               For the human resources division which may expend not more than $2,031,977 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 service examination, notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; provided further, that the human resources division may also expend revenues collected for implementation of the health and physical fitness standards program established pursuant to sections 61A and the wellness program established pursuant to section 61B of chapter 31 of the General Laws and those programs in chapter 32 of the General Laws; provided further, 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; 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; and provided further, that the division shall report to the house and senate committees on ways and means by February 1, 2011, on the projected costs of the program for fiscal year 2011               $ 2,031,977

 

General Fund               71.526%

FMAP Budget Relief Fund               28.474%

 

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               $52,057

 

1750-0300               For the commonwealth ’ s contributions in fiscal year 2011 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               $26,950,000

 

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 operational services division, which under section 22N of chapter 7 of the General Laws is responsible for determining prices for programs under chapter 71B of the General Laws, shall set those prices in fiscal year 2011 at the same level calculated for fiscal year 2010, except the prices for those programs for extraordinary relief, as defined in the division's regulations; provided further, that upon the request of a program, 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 rate of inflation which are established by December 1 of each year pursuant to said section 22N of said chapter 7 in a compounded manner for each fiscal year following the most recent calculated price; provided further, that the division shall accept and process applications for program reconstruction for fiscal year 2011 to be considered for rate adjustment in fiscal year 2012; provided further, that the division shall not adjust prices for program reconstruction in fiscal year 2011; provided further, that the division shall not accept applications for special circumstances for salary upgrades in fiscal year 2011 ; provided further, that not later than December 31, 2010, the division shall submit a report to the house and senate committees on ways and means and the joint committee on education on the policies, procedures and activities of the division associated with the recoupment of funds or reduction of future prices paid to approved private school programs as a result of administrative reviews conducted by the division; and provided further, that the report shall include, but not be limited to the following: (i) a description of the circumstances under which the department has most commonly exercised its authority to so recoup and reduce, (ii) the correlation of recouping and reducing with the imposition of price freezes imposed on programs in recent years, (iii) the impact of recoupment actions and reductions on the efforts and ability of programs to effectively manage their budgets and maintain fiscal viability during periods of price freezes and other periods of fiscal stress, and (iv) the relationship between recoupment and price reduction activities of the division and the programmatic monitoring activities and program oversight activities of the department of elementary and secondary education ; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that notwithstanding any general or special law to the contrary, the bureau of purchased services of the operational services division which is responsible under section 22N of chapter 7 of the General Laws for determining prices for programs under chapter 71B of the General Laws, shall set the prices in fiscal year 2011 by increasing the final fiscal year 2010 prices by the rate of inflation as determined by the division for fiscal year 2011; provided further, that the division shall also adjust prices for extraordinary relief, as provided in 808 CMR 1.06(4); provided further, that the division shall accept applications for special circumstances for salary upgrades               $502,970

 

1775-0115               For the operational services division; provided, that the division may expend for the purpose of procuring, managing and administering statewide contracts an amount not to exceed $1,810,167 from revenue collected from the statewide contract administrative fee; 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               $1,810,167

 

1775-0124               For the operational services division; provided, that the 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; and provided further, that the division may only retain revenues collected in excess of $207,350               $500,000

 

1775-0200               For the operation and administration of the supplier diversity office; provided, that the office shall provide training and other services to supplier diversity office certified minority- and women-owned businesses, which allows them to better compete for state contracts and also ensures that equitable practices and policies in the public marketplace are maintained; provided further, that the office shall administer an electronic business certification application which shall be accessible to business applicants through use of the internet; provided further, that the office shall ensure the integrity and security of personal and financial information transmitted by electronic application; provided further, that the office shall, using all existing available resources, provide certification services to all supplier diversity office qualified applicants, throughout the commonwealth and beyond, whichever is applicable; and provided further, that the office shall develop and implement measures and procedures to continue to improve the efficiency and the timeliness of the certification process               $715,972

 

General Fund               92.191%

FMAP Budget Relief Fund               7.809%

 

1775-0600               For the operational services division; provided, that the division may expend not more than $805,000 in revenues from the sale of state and federal surplus personal property and 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 payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property and the purchase of motor vehicles; provided further, 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, 2010; 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               $805,000

 

1775-0700               For the operational services division; provided, that the 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

 

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 website, 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 a status report with the house and senate committees on ways and means by May 31, 2011, with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2011; 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; provided further, that the chief information officer may establish rules and procedures necessary to implement this item; and provided further, that the division shall file a report by the secretar y with the house and senate committees on ways and means not later than December 15, 2010, that shall include, but not be limited to, the following: (a) financial statements detailing savings realized from the consolidation of information technology services within each executive office; (b) the number of personnel assigned to the information technology services within each executive office; and (c) efficiencies that have been achieved from the sharing of resources               $ 3,627,666

 

1790-0150               For the operation of the geographic information system pursuant to subsection (d) of section 4B of chapter 21A of the General Laws               $70,000

 

1790-0151               For the division of information technology which may expend an amount not to exceed $55,000 from fees charged to entities other than political subdivisions of the commonwealth for the distribution of digital cartographic and other data               $55,000

 

1790-0300               For the information technology division which may expend not more than $582,000 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               $582,000

 

General Fund               95.314%

FMAP Budget Relief Fund               4.686%

 

EXECUTIVE OFFICE OF ENER gy AND ENVIRONMENTAL AFFAIRS.

 

Office of the Secretary .

 

2000-0100               For the operation of the office of the secretary of energy and environmental affairs, including the water resources commission, the hazardous waste facility site safety council, the coastal zone management program, environmental impact reviews conducted pursuant to chapter 30 of the General Laws and the mosquito-borne disease vector control chapter program; provided, that the executive office may engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office may execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act; provided further, that the memorandum shall require the timely production of information for use in the fisheries management process; provided further, that the secretary shall file a plan with the house and senate committees on ways and means, the house and senate committees on global warming and climate change, and 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 for administration and finance; provided further, that the report 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 from which they are paid; (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 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 upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that the executive office shall engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; and provided further, that the executive office shall execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act               $6,136,178

 

General Fund               94.932%

FMAP Budget Relief Fund               5.068%

 

2000-1700               For the operation of information technology services within the executive office of energy and environmental affairs               $7,953,10 2

 

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; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004               $8,875,325

 

General Fund               98.035%

FMAP Budget Relief Fund               1.965%

 

2030-1004               For environmental police private details; provided, that the office may expend revenues of up to $220,000 collected from the fees charged for private details; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system               $220,000

 

Department of Public Utilities .

 

2100-0012               For the operation 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 to the contrary , the assessments levied for fiscal year 2011 under said first paragraph shall be made at a rate sufficient to produce the amount expended from this item as well as the associated fringe benefits costs for personnel paid from this item               $7,632,539

 

2100-0013               For the operation of the transportation division               $375,051

 

2100-0014               For the department of public utilities which may expend for the operation of the energy facilities siting board an amount not to exceed $100,000 from application fees collected in fiscal year 2011 and prior fiscal years from utility companies               $100,000

 

2100-0015               For the department of public utilities which may expend for the operation of the transportation division an amount not to exceed $2,300,000 from unified carrier registration fees collected in fiscal year 2011 and prior fiscal years from motor carrier companies               $2,300,000

 

2100-0016               For the department of public utilities to regulate steam distribution companies; provided, that notwithstanding section 18A of chapter 25 of the General Laws to the contrary , the assessments levied for fiscal year 2011 shall be made at a rate sufficient to produce   the amount expended from this item and the associated fringe benefits costs for personnel paid from this item               $300,000

 

Department of Environmental Protection .

 

2200-0100               For the operation of the department of environmental protection, including the environmental strike force, the bureau of policy and planning, the bureau of resource protection, the bureau of waste prevention, 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               $26,446,561

 

General Fund               98.481%

FMAP Budget Relief Fund               1.519%

 

2200-0102               For the department of environmental protection which may expend an amount not to exceed $260,812 from revenues collected from fees for wetland permits; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that the department shall submit a report by January 11, 2011 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               $260,812

 

2200-0107               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; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that the department of environmental protection shall expend funds for recycling and related purposes consistent with the recycling plan of the solid waste master plan and redemption centers; provided further , that the department of environmental protection shall expend a portion of 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 redemption 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

 

General Fund               63.636%

FMAP Budget Relief Fund               36.364%

 

2210-0105               The department of environmental protection may expend for the administration and implementation of the Massachusetts Toxics Use Reduction Act under chapter 21I of the General Laws an amount not to exceed $3,051,198 from the revenue collected from fees, penalties, grants and tuition under said chapter 21I; provided, that not less than $1,657,449 from this item shall be made available for the operation of the Toxics Use Reduction Institute program at the University of Massachusetts at Lowell; provided further, that the department shall enter into an interagency service agreement with the University of Massachusetts to make such funding available for this purpose; provided further, that not less than $562,567 from this item shall be made available for toxics use reduction technical assistance and technology in accordance with said chapter 21I; provided further, that the department shall submit a report to the house and senate committees on ways and means not later than February 1, 2011 detailing the status of the department ’ s progress in meeting the statutory and regulatory deadlines associated with said chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation requirements of said chapter 21I; provided further, that the department shall enter into an interagency service agreement with the executive office of energy and environmental affairs to make such funding available for this purpose; 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               $3,051,198

 

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 Governors/Eastern Canadian Premiers Action Plans for reducing acid rain deposition and mercury emissions               $843,672

 

2220-2221               For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act               $1,657,263

 

2250-2000               For the purpose of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws               $1,464,896

 

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               $13,856,441

 

2260-8872               For the brownfields site audit program               $1,030,305

 

2260-8881               For the operation of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws               $336,859

 

Department of Fish and Game .

 

2300-0100               For the office of the commissioner; provided, that the commissioner ’ s office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the division of ecological restoration and riverways program 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, personn el, 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; 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, 2010 that details the level of assessments to each department under the control of the office of the commissioner in fiscal years 2009 and 2010               $ 636,569

 

2300-0101               For a division of ecological restoration and riverways protection program, for the promo tion of public access to rivers and wetland restoration, 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               $390,002

 

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 fisheries and wildlife programs and for certain programs reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided, that funds may be expended for  the natural heritage and endangered species program; provided further , that funds from this item shall be made available to the University of Massachusetts Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2010 for such research; provided further, that the department may expend the amount necessary to restore anadromous fish in the Connecticut and Merrimack river systems; and 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               $9,506,199

 

FMAP Budget Relief Fund               2.848%

Inland Fisheries and Game Fund               97.152 %

 

2310-0306               For the hunter safety training program               $401,130

 

Inland Fisheries and Game Fund               100.0 00 %

 

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               $1,000,000

 

Inland Fisheries and Game Fund               100.0 00 %

 

2310-0317               For the waterfowl management program established pursuant to section 11 of chapter 131 of the General Laws               $45,000

 

Inland Fisheries and Game Fund               100.0 00 %

 

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               $468,578

 

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 funds shall be expended on a recreational fisheries program to be reimbursed by federal funds; and provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote sustainable fisheries               $4,450,133

 

General Fund               98.601%

FMAP Budget Relief Fund               1.399%

 

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               $538,956

 

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

 

2330-0200               For the administration and operation of the saltwater fishing permit program, in accordance with chapter 161 of the acts of 2009               $101,500

 

Marine Recreational Fisheries Development Fund               100 .000 %

 

Department of Agricultural Resources.

 

2511-0100               For the operation of the department of agricultural resources, including the division of administration, the expenses of the board of agriculture, the division of 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 Amherst, the pesticides board and the division of agricultural development and fairs; provided, that funds may be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts ; and provided further, that funds may be expended for the statewide 4-H program               $ 4,513,132

 

General Fund               98.515%

FMAP Budget Relief Fund               1.485%

 

2511-0105               For the purchase of supplemental foods for the emergency food assistance program within the feeding America nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall reflect the feeding America allocation formula, in order to benefit the 4 regional food banks in the commonwealth; and provided further, that the department may assess an administrative charge not to exceed 2 per cent of the total appropriation herein               $11,500,000

 

2511-3002               For the integrated pest management program               $47,560

 

Department of Conservation and Recreation .

 

2800-0100               For the operation of the department of conservation and recreation; provided, that said department shall enter into an interagency service agreement with the department of state police to provide police coverage on department of conservation and recreation properties and parkways; provided further, that the department of state police shall reimburse said department of conservation and recreation for costs incurred by said department including, but not limited to, vehicle maintenance and repairs, the operation of department of state police buildings and other related costs; provided further, that notwithstanding any general or special law to the contrary, all offices and positions of the division performing construction activities for the department of conservation and recreation shall be subject to classification under sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further, that notwithstanding section 3B of chapter 7 of the General Laws, the department shall establish or renegotiate fees, licenses, permits, rents and leases, and 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 15, 2011; provided further, that funds may be expended for cleanup of Pilayella algae; 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 2010; 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 ; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5 , not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that funds shall be expended for cleanup of Pilayella algae               $ 3,613,779

 

General Fund               97.338%

FMAP Budget Relief Fund               2.662%

 

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 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 the department shall continue to make payments pursuant to chapter 616 of the acts of 1957, as amended by section 89 of chapter 801 of the acts of 1963; and provided further, that the department shall continue to make payments pursuant to chapter 307 of the acts of 1987 for the use of certain land               $1,036,287

 

General Fund               96.498%

FMAP Budget Relief Fund               3.502%

 

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 implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all stormwater infrastructure, assess its 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               $ 693,392

 

General Fund               56.734%

FMAP Budget Relief Fund               43.266%

 

2800-0501               For the operation of the beaches, pools and spray pools under the control of the department of conservation and recreation; provided, that the seasonal hires of the department of conservation and recreation ’ s parks, beaches, pools and spray pools be paid from this item; provided further, that all beaches, pools and spray pools shall remain open and staffed from Memorial Day through the end of August; provided further, that the beaches, pools and spray pools shall be fully maintained; provided further, 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 2010 shall continue to receive such benefits in fiscal year 2011 during the period of their seasonal employment; 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; provided further, that no expenditures shall be made from this item other than for the purposes identified in this item; 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               $12,439,952

 

General Fund               99.355%

FMAP Budget Relief Fund               0.645%

 

2800-0700               For the office of dam safety; provided, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, establish and maintain a comprehensive inventory of all dams, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety; and provided further, that the department shall file a report with the house and senate committees on ways and means not later than December 14, 2010, 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 2011; and (c) the number of dams that are in need of repair or replacement               $410,151

 

General Fund               70.742%

FMAP Budget Relief Fund               29.258%

 

2810-0100               For the operation of the department ’ s state and urban parks; provided, that funds appropriated in this item shall be used to operate all of the division ’ s parks, parkways, boulevards, roadways, bridges, and related appurtenances under the care, custody and control of the division, flood control activities of the division, 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 the crossing guards located at department of conservation and recreation intersections shall continue to perform the duties where state police previously performed such duties; 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 department may issue grants to public and nonpublic entities from this item; provided further, that funds may be expended for the purposes of item 2800-9004 of section 2 of chapter 182 of the acts of 2008; and provided further, that the department shall file quarterly reports with the house and senate committees on ways and means relative to the staffing levels at all state and urban parks, which 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               $ 41,945,772

 

General Fund               96.071%

FMAP Budget Relief Fund               3.929%

 

2810-2041               For the division of state parks and recreation which may expend not more than $5,314,030 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               $5,314,030

 

2820-0101               For the costs associated with the department ’ s urban park rangers specific to the security of the state house; provided, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house               $1,292,000

 

General Fund               89.580%

FMAP Budget Relief Fund               10.420%

 

2820-1000               For the division of urban parks and recreation which 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               For the division of urban parks and recreation which 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 division of highways, the 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 operation of street lighting and the expenses of maintaining the parkways of the department of conservation and recreation; provided, 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               $ 3,115,033

 

2820-3001               For the division of urban parks and recreation which 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, 2010, and April 30, 2011, for an 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 $1,098,011 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               $1,098,011

 

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 $824,790 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               $824,790

 

Department of Energy Resources.

 

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 Law; provided, that the assessments levied for fiscal year 2011 pursuant to chapter 465 of the acts of 1980 shall be made at a rate sufficient to produce the amount expended from this item as well as the associated fringe benefit costs for personnel paid from this item               $199,326

 

7006-1003               For the operation of the department 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 as well as the associated fringe benefit costs for personnel paid from this item               $2,938,679

 

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 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; and 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 children and families and the department of public health may share with each other personal data regarding the parents and children who receive services provided under early education and care programs administered by the commonwealth for waitlist management, program implementation and evaluation, reporting, and policy development purposes; provided further, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded by the department by category of eligibility, including children who have been the subject of supported 51A cases, children referred by or transitioning from the department of children and families and children of income-eligible families; provided further, that said reports shall include the number of recipients subject to subsection (f) of section 110 o f chapter 5 of the acts of 1995 ; 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 not later than February 15, 2011 detailing the projected fiscal year 2012 caseload for children who have been the subject of supported 51A cases, children of families who are eligible for child care as entitled under said section 110 of said chapter 5 and children whose families are income-eligible; provided further, that this report shall include the anticipated cost of contracts and vouchers to fund said contracts; provided further, that the department shall report not later than September 1, 2010, to the joint committee on education and the house and senate committees on ways and means, on efficiencies and cost savings realized in the department ’ s accounts in fiscal year 2010 and anticipated cost savings in fiscal year 2011; provided further, that the report shall include, but not be limited to, an itemized accounting of services transferred between items, original cost of those services, all transition costs or expenditures and total cost savings realized; and provided further, that the report shall include an accounting of federal ARRA funding expended for the services and transition costs               $11, 516,944

 

General Fund               98.166%

FMAP Budget Relief Fund               1.834%

 

3000-2000               For regional administration and coordination of services provided by child care resource and referral agencies; provided, that funding for 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 and walk-in services for homeless families               $5,933,862

 

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               $ 1,094,507

 

3000-3050               For supportive early education and care services; 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 children and families; provided further, that the department of early education and care, in collaboration with the department of children and families, 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 funds may be used to provide services during a transition period of 6 months for families upon the closure of their case; provided further, that all children eligible for services under this item shall receive those 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 30 days before the transfer               $ 88,113,747

 

General Fund               97.276%

FMAP Budget Relief Fund               2.724%

 

3000-4050               For financial assistance for families currently involved with or transitioning from transitional aid to families with dependent children to enroll in an early education and care program; provided, that early education and care shall be available to former participants who are working for up to 1 year after termination of their benefits; provided further, that post-transitional early education and care benefits shall be provided to participants who are working for up to 1 year after the transitional period;   provided further, that 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; provided further, that the department may provide early education and care benefits to parents who are under 18 years of age, who are currently enrolled in a job training program, and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents ’ income; provided further, that all teens eligible for year-round, full-time early education and care services shall be participating in school, education, work and training-related activities or a combination thereof for at least the minimum number of hours required by regulations; provided further, that recipients shall not be charged fees for care provided under this item; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4060, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of the funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means at least 30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2011               $127,358,313

 

3000-4060               For income-eligible early education and care programs; provided, that teen parents at risk of becoming eligible for transitional aid to families with dependent children may be paid from this item; provided further, that informal early education and care benefits for families meeting income-eligibility criteria may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals;   provided further, that the department may expend funds from this item on grants to support inclusive learning environments; provided further, that the commissioner 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 per cent of any item may be transferred in fiscal year 2011; 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 committees on ways and means, and the secretary of administration and finance; and provided further, that any payment made under any such grant with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding any general or special law to the contrary               $233,527,427

 

General Fund               97.859%

FMAP Budget Relief Fund               2.141%

 

3000-5000               For grants to head start programs; provided, that funds from this item may be expended on early head start programs               $8,000,000

 

General Fund               93.750%

FMAP Budget Relief Fund               6.250%

 

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; 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 of the General Laws, schools and districts which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations or which have been designated commonwealth priority schools or commonwealth pilot schools pursuant to said regulations, schools or districts with a high percentage of students scoring in 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 any newly-funded programs designated as Massachusetts Universal Pre-Kindergarten Program participants shall have been accredited by the National Association for the Education of Young Children, the New England Association of Schools and Colleges, the National Association of Family Child Care or a Child Development Associate credential or higher; 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               $8,000,000

 

General Fund               93.750%

FMAP Budget Relief Fund               6.250%

 

3000-6000               For the establishment of a statewide network of supports for early education and care programs to advance the quality of their services to children; provided, that supports funded through this item shall include, but not be limited to, curriculum development, child assessment systems, activities that encourage providers to obtain associate and bachelor degrees, payment of fees and direct assistance to programs seeking accreditation by agencies approved by the board, and professional development courses; provided further, that eligible recipients for such grants shall include, but not be limited to, 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 supports funded through this item shall be in alignment with the quality requirements of the Massachusetts Universal Pre-Kindergarten Program and the development of the quality rating and improvement system;   provided further, that the department shall encourage and support early childhood education and care providers to obtain associate and bachelor degrees through professional development programs, including, but not limited to, the building careers program model; and provided further, that where possible, funds from this line item shall be coordinated with funding from item 3000-7050; and provided further, that the department may expend funds from the item on grants for supplemen tal services for children with individualized education plan s               $14,011,633

 

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               $1,000,000

 

General Fund               75.000%

FMAP Budget Relief Fund               25.000%

 

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; provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents; provided further, that the Children ’ s Trust Fund shall file a report to the joint committee on education and the house and senate committees on ways and means not later than February 15, 2011, detailing potential federal funding available and the progress made as a result of a multi-year study conducted by Tufts University; and provided further, that the Children ’ s Trust Fund shall issue a report to the joint committee on education and the house and senate committees on ways and means, not later than February 15, 2011, detailing the expenditure of state funds appropriated herein               $10, 538,066

 

3000-7050               For grants to programs that improve the early literacy, school readiness and parenting skills of participants in early education and care programs in the commonwealth, including, but not limited to, the Parent-Child Home Program, Mass Family Networks, and Reach Out and Read; provided, that the department shall distribute the grants no later than August 31, 2010, in order to allow a full year of service for families involved in these programs; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided through this item with services provided through items 3000-6000 and 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               $ 5 ,000,000

 

 

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               $167,708

 

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 program shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds               $500,000

 

FMAP Budget Relief Fund               100.000%

 

4000-0300               For the operation of the executive office of health and human services, 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 administrative and contracted services related to the implementation and operation of programs authorized by chapter 118E of the General Laws; 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 the rates that 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 funds may be expended for the operation of 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 as it may deem necessary; provided further, that the office may prepare an annual health disparities report card with regional disparities data, evaluate effectiveness of interventions and replicate successful programs across the commonwealth; provided further, that 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 programs authorized by chapter 118E of the General Laws shall be accounted for in 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 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 1115(a) of said Social Security 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 executive office of administration and finance and the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the executive office of health and human services shall conduct a comprehensive study of trends in all human service programs in the MetroWest Region which shall consist of Ashland, Framingham, Holliston, Hopkinton, Natick, Southborough, Sudbury, Wayland and Westborough, and shall examine all services provided by the commonwealth to evaluate which populations have the greatest need for services, to what degree those populations are served by the programs created as well as by other existing services, and shall develop strategies for serving all underserved segments of the population; provided further, that the study shall also include program density throughout the commonwealth and the fiscal impact of these programs on cities and towns; provided further, that the executive office of health and human services working with the department of public safety shall review program evaluations, certifications and program standards and make recommendations on needed program changes, and the executive office and department shall issue a report to the general court of its study by filing same with the clerks of the house of representatives and senate not later than January 31, 2012; provided further, that the executive office of health and human services may continue to recover provider overpayments made in the current and prior fiscal years through the Medicaid management information system, and that these 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 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 executive office of health and human services shall pursue opportunities for grants and other federal funding available under the Patient Protection and Affordability Act of 2010, Public Law 111-148 and  the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; provided further, that not later than September 1, 2010, 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 2011 expenditures by the executive office as funded by chargebacks to the 17 executive office cluster agencies; provided further, that not later than November 1, 2010, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing the methodology used for projecting MassHealth enrollment and utilization in fiscal year 2012 and evaluating the accuracy of the caseload and utilization projection methodologies used to project caseload and utilization in fiscal year 2010 and fiscal year 2011; provided further, that notwithstanding any general or special law to the contrary, including section 53 of chapter 118E of the general laws, the secretary of health and human services shall identify a plan to manage the MassHealth program within the appropriated levels in items   4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400 or 4000-1405 and shall provide such plan to the secretary of administration and finance and the house and senate committees on ways and means not later than September   15, 2010; provided further, that such plan shall achieve a minimum net savings of $15,000,000 to the commonwealth in fiscal year 2011; provided further, that such plan may include, but not be limited to, limiting, eliminating or otherwise restructuring services delivered to adult members of the MassHealth program; provided further, that the secretary of health and human services shall make all reasonable efforts to avoid proposing elimination of any MassHealth services; provided further, that the plan shall include an implementation plan and estimates of the savings and costs of implementing such changes;   provided further, that the executive office for administration and finance shall review, modify, if necessary, and approve any savings plan submitted by the secretary not later than October   15, 2010; provided further, that upon approval of the savings plan, the executive office of health and human services shall take any and all necessary steps to implement the final savings plan approved by the executive office for administration and finance not later than December 1, 2010; provided further, that the secretary of health and human services shall, on November 15, 2010 and on the fifteenth of each subsequent month in fiscal year 2011, submit a report to the secretary of administration and finance and the house and senate committees on ways and means detailing the implementation of the savings plan and any corresponding savings realized to date; provided further, that any projection of deficiency in item 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 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, 2011               $90,393,715

 

General Fund               97.449%

FMAP Budget Relief Fund               2.551%

 

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   initiatives intended to enhance program integrity               $ 1,736,425

 

4000-0320               For the executive office of health and human services which may expend for medical care and assistance rendered in the current year an amount not to exceed $225,000,000 from the monies received from recoveries and collections of any current or prior year expenditures; provided, that notwithstanding any general or special law to the contrary, the balance of any personal needs accounts collected from nursing and other medical institutions upon a medical assistance member ’ s death and held by the executive office for more than 3 years may be credited to this item; 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; and provided further, that no funds from this item shall be used for the purposes of item 4000-0300               $225,000,000

 

4000-0430               For the CommonHealth program to provide primary and supplemental medical care and assistance to disabled adults and children under sections 9A, 16 and 16A of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that the executive office shall maximize federal reimbursement for state expenditures made on behalf of such adults and children; provided further, that children shall be determined eligible for the medical care and assistance if they meet the disability standards as defined by the executive office, which 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               $133,254,517

 

General Fund               99.724%

FMAP Budget Relief Fund               0.276%

 

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 of chapter 118E of the General Laws and section 16C of said chapter 118E; 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, exceed 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; provider further, that funds may be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers; and provided further, that notwithstanding any general or special law to the contrary, the secretary of health and human services shall not, without prior written or verbal consent, reassign the behavioral health benefit of any eligible person to a managed care plan under contract with the office of MassHealth if the benefit is already managed by MassHealth ’ s specialty behavioral health managed care contractor               $3,757,055,766

 

General Fund               99.223%

FMAP Budget Relief Fund               0.777%

 

Executive Office of Elder Affairs .

 

4000-0600               For health care services provided to MassHealth members who are seniors, and for the operation of the senior care options program under section 9D of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that f unds 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 2010; provided further, that the eligibility requirements for this demonstration project shall not be more restrictive than those established in fiscal year 2010; 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 numbe r of individuals served by the community choices initiative in fiscal year 2011 delineated by the federal poverty level; provided further, that notwithstanding any general or special law to the contrary, funds shall be expended from this item for the purpose of maintaining a personal needs allowance of $72.80 per month 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, for any nursing home or non-acute chronic disease hospital that provides kosher food to its residents, the executive office of elder affairs, in consultation with the division of health care finance and policy, in recognition of the unique special innovative program status granted by the executive office of health and human services, 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, care management under section 3 of chapter 211 of the acts of 2006 shall be implemented through aging and disability resource consortiums, which shall include a combination of 1 or more Aging Services Access Points and Independent Living Centers; provided further, that not less than $2,500,000 may be expended from this item to implement the provisions of section 2 of chapter 211 of the acts of 2006, the pre-admission counseling and assessment program, which shall be implemented on a statewide basis through aging and disability resource consortia; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the Patient Protection and Affordability Act of 2010, Public Law 111-148 and   the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, that not less than $2,500,000 shall be expended from this item to implement the provisions of section 2 of chapter 211 of the acts of 2006, the pre-admission counseling and assessment program, which shall be implemented on a statewide basis through aging and disability resource consortia; provided further, that not less than $2,800,000 shall be expended as fiscal year 2011 incentive payments if funding is available to support this expenditure as prescribed by section 159 to nursing facilities meeting the criteria determined by the MassHealth Nursing Facility Pay for Performance Program in 114.2 CMR 6.07 and that have established and participated in a cooperative effort in each qualifying nursing facility between representatives of employees and management, that is focused on implementing that criteria and improving the quality of services available to MassHealth members; and provided further that the MassHealth agency shall adopt regulations and procedures necessary to carry out section 1 59               $2,491,116,244

 

General Fund               99.726%

FMAP Budget Relief Fund               0.274%

 

4000-0640               For nursing facility Medicaid rates; provided, that notwithstanding any general or special law to the contrary, in fiscal year 2011 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 funds shall be expended in an amount not less than that appropriated in fiscal year 2010 for purposes of reimbursing nursing facilities for up to 10 bedhold days for patients of the facility on medical and non-medical leaves of absence; provided further, that an amount for expenses related to the collection and administration of section 25 of chapter 118G of the General Laws shall be transferred to the division of health care finance and policy; provided further, that the payments made pursuant to this item shall be allocated in an amount sufficient to implement section 622 of chapter 151 of the acts of 1996; and provided further, that effective July 1, 2010 for the fiscal year ending June 30, 2011, the division shall establish nursing facility supplemental Medicaid rates from funding made available pursuant to section 159               $288,500,000

 

Executive Office of Health and Human Services.

 

4000-0700               For health care services provided to medical assistance recipients under the executive office ’ s health care indemnity/third party liability plan and medical assistance recipients not otherwise covered under the executive office ’ s managed care or senior care plans, 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 of chapter 118E of the General Laws and section 16C of said chapter 118E; 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, exceed 150 per cent of the federal poverty level; provided further, that children who have aged out of the custody of the department of children and families shall be eligible for benefits until they reach age 21; provided further, that funds shall be expended from this item for members who qualify for early intervention services; 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 $1 0,000,000 shall be expended from this item, or item 4000-0500, if necessary to achieve maximum federal financial participation, to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth’s eligibility for an enhanced federal medical assistance percentage pursuant to the Patient Protection and Affordability Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, an additional $10,000,000 shall be expended from this item, or item 4000-0500, if necessary to achieve maximum federal financial participation, to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers; provided further, that unless prohibited by federal or state law or regulations, the executive office of health and human services may transfer the coverage of pharmacy services for members enrolled in a Medicaid managed care organization to this item, but shall make all reasonable efforts to retain coverage of said services within the Medicaid managed care organizations; provided further, that rebates shall be collected in a manner and form authorized by the federal Centers for Medicare and Medicaid Services for prescription drugs dispensed to individuals enrolled in a Medicaid managed care organization as permitted by the Patient Protection and Affordable Care Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; provided further, that the executive office shall not, in fiscal year 2011, fund programs relating to case management with the intention of reducing length of stay for neonatal intensive care unit cases; 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; provided further, that the executive office may reduce MassHealth premiums or copayments or offer other incentives to encourage enrollees to comply with wellness goals; and 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               $1,711,468,034

 

General Fund               97.433%

FMAP Budget Relief Fund               2.567%

 

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               $165,351,318

 

4000-0875               For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with section 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 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 through 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               $4,770,999

 

4000-0880               For MassHealth benefits under clause (c) of subsection (2) of section 9A of chapter 118E of the General Laws and section 16C of said chapter 118E 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 these children and adolescents in prior fiscal years               $222,090,812

 

4000-0890               For the cost of health insurance subsidies paid to employees and employers of small businesses in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years               $58,181,956

 

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, 2011, 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               $14,409,312

 

4000-0950               For the purposes of administrative and program expenses associated with the children ’ s behavioral health initiative, in accordance with the settlement agreement in the case of Rosie D. et al. v. Romney, United States District Court for the District of Massachusetts civil action No. 01-30199-MAP, to provide comprehensive, community-based behavioral health services to children suffering from severe emotional disturbances; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years; provided further, that the secretary of health and human services shall report quarterly to the house and senate committees on ways and means relative to implementation of the initiative; and provided further, that such quarterly reports shall include, but not be limited to, details of the implementation plan, results of the scheduled plan to date, including a schedule detailing commencement of services and associated costs by service type, an analysis of compliance with the terms of the settlement agreement to date, a detailed itemization of services and service utilization by service type, geographical location and the age of the member receiving the service, data detailing the time that elapses between a member ’ s request for services and commencement of an initial assessment for services, the time to complete the initial assessment and the time that elapses between initial assessment for services and commencement of services and a quarterly update of whether projected expenditures are likely to exceed the amount appropriated herein               $86,743,865

 

General Fund               98.847%

FMAP Budget Relief Fund               1.153%

 

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               $12,089,722

 

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               $18,801,714

 

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 also be 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 the eligibility requirements shall not exclude from eligibility persons who are employed intermittently or on a non-regular basis; provided further, that the provision of care to such persons under this program may, taking into account capacity, continuity of care, and geographic considerations, be restricted to certain providers; provided further, that the secretary may limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided further, 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               $344,913,540

 

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               $ 198,273,814

 

4000-1700               For the provision of information technology services within the executive office of health and human services               $ 84,108,194

 

General Fund               97.211%

FMAP Budget Relief Fund               2.789%

 

Office for Refugees and Immigrants .

 

4003-0122               For a citizenship for new Americans program to assist legal permanent residents of the commonwealth in becoming citizens of the United States; provided, that the office for refugees and immigrants shall administer the program; 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 including, but not limited to, interpretation and referral services; provided further, that persons who would qualify for benefits under chapter 118A of the General Laws but for their status as legal non-citizens shall be given highest priority for services; and provided further, that persons who currently receive state-funded benefits which could be replaced, in whole or in part, by federally-funded benefits if these persons become citizens, shall be given priority for services               $250,000

 

General Fund               95.000%

FMAP Budget Relief Fund               5.000%

 

Division of Health Care Finance and Policy .

 

4100-0060               For the operation of the division of health care finance and policy 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 2011 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 2011 from: ( 1 ) filing fees; ( 2 ) fees and charges generated by the division ’ s publication or dissemination of reports and information; and ( 3 ) federal financial participation received as reimbursement for the division ’ s administrative costs; provided further, that the assessed amount shall not be less than 55 per cent of the total expenses appropriated for the division and the health safety net office; provided further, for the purposes of supporting the division ’ s expanded role in developing health care policies that benefit government entities, providers, purchasers, and consumers, the division shall assess surcharge payors as defined in section 34 of said chapter 118G, not less than 10 per cent of the total estimated expenses appropriated for the division and the health safety net office, including indirect costs, in fiscal year 2011, less amounts projected