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Outside Sections Outside Sections Local Aid Distribution SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June 30, 2005, the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the General Fund in accordance with the provisions of clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, shall be $661,378,162 and shall be apportioned to the cities and towns in accordance with this section. Notwithstanding the provisions of any general or special law to the contrary, except for section 12B of chapter 76 of the General Laws and section 89 of chapter 71 of the General Laws, the total amounts to be distributed and paid to each city, town, regional school district, independent agricultural school and county maintaining an agricultural school from items 0611-5500 and 7061-0008 of section 2 of this act shall be as set forth in the following lists; provided, that the amounts to be distributed from item 0611-5500 of said section 2 are hereby deemed to be in full satisfaction of the amounts due under section 37 of chapter 21 of the General Laws. No payments shall be made after November 30, 2004, to a city, town, or to a county maintaining an agricultural school pursuant to this section until the state treasurer receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted by the city, town or county pursuant to the provisions of section 43 of chapter 44 of the General Laws. Notwithstanding the provisions of section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, for fiscal year 2005, no school district shall have a wage adjustment factor less than one. Notwithstanding the provisions of any general or special law to the contrary, minimum required local contributions for fiscal year 2005 as calculated by the department of education shall equal preliminary local contribution in fiscal year 2004 increased by the municipal revenue growth factor. Notwithstanding the provisions of any general or special law to the contrary, for fiscal year 2005, chapter 70 aid shall be the difference between a district's foundation budget and the sum of that district's share of preliminary local contributions of member communities as determined by the department of education; provided, that each district shall receive at least as much aid as the district received in chapter 70 aid in fiscal year 2004; provided further, that no district shall receive chapter 70 aid in an amount greater than the district's foundation budget. If there is a conflict between the provisions of this section and the distributions listed below, the distribution below shall control. 7061-0008 0611-5500 Chapter 70 Additional Assistance Lottery Distribution ABINGTON 6,777,604 0 1,758,051 ACTON 2,603,014 29,696 1,195,284 ACUSHNET 5,865,739 23,875 1,349,775 Municipality file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (1 of 149) [1/28/04 3:44:11 PM] Outside Sections ADAMS 0 35,042 1,720,579 9,971,790 0 3,138,137 0 0 12,923 AMESBURY 8,322,927 0 1,763,634 AMHERST 4,916,388 222,910 6,883,094 ANDOVER 4,945,356 0 1,576,354 0 0 1,887 4,802,777 4,491,775 3,833,185 ASHBURNHAM 0 0 595,717 ASHBY 0 0 349,366 ASHFIELD 66,103 0 143,485 ASHLAND 2,588,396 291,598 909,060 0 4,377 1,924,937 26,537,666 0 4,874,098 3,735,310 0 1,465,175 AVON 570,215 400,636 347,387 AYER 3,588,964 44,218 653,637 BARNSTABLE 6,105,388 0 1,799,394 AGAWAM ALFORD AQUINNAH ARLINGTON ATHOL ATTLEBORO AUBURN 7061-0008 0611-5500 Chapter 70 Additional Assistance Lottery Distribution BARRE 14,940 0 677,399 BECKET 73,044 8,580 65,888 BEDFORD 1,935,588 484,271 699,674 BELCHERTOWN 9,256,975 0 1,316,398 BELLINGHAM 7,538,234 0 1,618,431 BELMONT 2,824,519 827,483 1,520,795 BERKLEY 4,843,862 0 478,440 494,057 0 190,373 0 0 223,551 BEVERLY 6,107,219 2,452,442 3,485,521 BILLERICA 12,688,538 2,349,321 3,617,520 38,454 0 1,130,441 Municipality BERLIN BERNARDSTON BLACKSTONE file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (2 of 149) [1/28/04 3:44:11 PM] Outside Sections BLANDFORD 0 0 101,161 BOLTON 0 0 158,122 BOSTON 200,498,366 164,211,152 53,968,473 BOURNE 4,398,105 352,555 1,037,581 BOXBOROUGH 1,290,263 0 206,884 BOXFORD 1,446,557 36,411 400,102 BOYLSTON 381,691 0 302,601 BRAINTREE 4,655,171 3,378,041 2,790,848 BREWSTER 820,927 0 337,981 BRIDGEWATER 112,410 0 2,792,709 BRIMFIELD 878,098 0 310,111 106,909,135 4,310,392 15,637,164 BROOKFIELD 1,308,158 0 420,657 BROOKLINE 4,922,047 3,497,741 3,380,871 0 0 232,150 BURLINGTON 3,547,194 1,386,400 1,360,578 CAMBRIDGE 6,791,105 17,956,060 6,820,267 CANTON 2,512,730 878,002 1,260,474 586,786 14,729 187,183 9,165,331 0 1,255,697 66,103 0 134,534 0 0 1,090,377 448,125 0 147,795 6,593,456 2,535,342 2,759,926 41,740,214 3,396,864 4,747,616 242,992 0 457,909 0 0 140,028 84,990 0 105,694 CHICOPEE 36,376,295 1,195,616 8,535,325 CHILMARK 0 0 3,358 7061-0008 0611-5500 Chapter 70 Additional Assistance BROCKTON BUCKLAND CARLISLE CARVER CHARLEMONT CHARLTON CHATHAM CHELMSFORD CHELSEA CHESHIRE CHESTER CHESTERFIELD Municipality file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (3 of 149) [1/28/04 3:44:11 PM] Lottery Distribution Outside Sections CLARKSBURG 1,464,518 13,114 305,399 CLINTON 8,794,604 175,517 1,915,036 COHASSET 1,147,273 166,099 365,106 0 0 196,429 1,542,930 383,959 817,244 556,983 0 140,227 32,478 0 61,610 141,724 0 848,429 DANVERS 3,570,012 1,118,972 1,722,964 DARTMOUTH 7,856,279 0 2,217,842 DEDHAM 3,053,874 1,550,298 1,898,464 618,744 0 421,939 0 0 471,165 328,000 0 0 DIGHTON 0 0 601,950 DOUGLAS 6,152,475 0 589,300 331,900 0 179,149 DRACUT 14,108,912 0 3,086,109 DUDLEY 0 0 1,306,181 DUNSTABLE 0 30,076 166,548 DUXBURY 2,655,314 0 823,068 EAST BRIDGEWATER 9,132,173 0 1,291,216 21,904 0 239,424 3,278,506 0 1,163,174 242,054 0 128,941 EASTHAMPTON 6,970,699 108,874 2,305,254 EASTON 7,453,839 0 1,883,909 323,078 28,507 40,872 0 0 55,927 245,334 13,150 54,375 0 33,828 203,853 19,186,896 4,084,357 3,050,157 FAIRHAVEN 6,793,464 391,434 1,756,757 FALL RIVER 85,786,179 2,290,951 19,402,249 FALMOUTH 4,231,106 0 1,216,594 COLRAIN CONCORD CONWAY CUMMINGTON DALTON DEERFIELD DENNIS DEVENS DOVER EAST BROOKFIELD EAST LONGMEADOW EASTHAM EDGARTOWN EGREMONT ERVING ESSEX EVERETT file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (4 of 149) [1/28/04 3:44:11 PM] Outside Sections FITCHBURG 35,692,323 214,811 7,230,474 415,390 0 44,427 FOXBOROUGH 5,687,603 0 1,360,167 FRAMINGHAM 8,131,670 4,697,500 5,530,116 22,115,037 0 2,141,760 892,240 0 845,301 17,864,568 120,747 3,490,701 7061-0008 0611-5500 Chapter 70 Additional Assistance Lottery Distribution 3,271,897 52,998 596,482 0 0 185,131 5,243,302 1,923,054 2,264,906 71,297 0 59,634 GOSNOLD 8,046 1,962 468 GRAFTON 5,670,024 0 1,363,188 GRANBY 3,411,397 0 724,012 GRANVILLE 1,179,511 0 120,132 GREAT BARRINGTON 0 0 681,422 GREENFIELD 8,625,218 0 2,656,246 GROTON 0 0 633,120 GROVELAND 0 0 572,919 HADLEY 593,711 138,341 280,365 HALIFAX 2,135,704 0 799,621 HAMILTON 0 42,887 533,202 HAMPDEN 0 0 514,302 HANCOCK 133,439 17,638 32,868 HANOVER 4,226,163 1,326,394 938,920 28,330 0 1,096,347 0 3,228 336,620 HARVARD 1,145,540 55,090 1,648,035 HARWICH 1,363,502 0 376,383 FLORIDA FRANKLIN FREETOWN GARDNER Municipality GEORGETOWN GILL GLOUCESTER GOSHEN HANSON HARDWICK file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (5 of 149) [1/28/04 3:44:11 PM] Outside Sections HATFIELD 537,782 0 268,720 31,598,621 2,503,145 6,827,711 24,249 12,924 24,447 0 0 54,725 HINGHAM 3,162,330 334,151 1,214,451 HINSDALE 75,547 0 179,555 4,107,148 4,757 1,370,152 0 0 1,454,110 654,814 0 153,540 5,801,129 412,300 1,088,152 59,926,676 606,646 8,164,179 HOPEDALE 5,064,647 0 567,333 HOPKINTON 4,434,941 120,287 558,625 0 0 293,378 HUDSON 5,242,895 0 1,824,009 HULL 3,613,343 1,388,549 966,033 0 0 266,546 IPSWICH 1,968,840 775,432 894,957 KINGSTON 3,233,959 0 807,788 LAKEVILLE 2,110,914 0 669,072 HAVERHILL HAWLEY HEATH HOLBROOK HOLDEN HOLLAND HOLLISTON HOLYOKE HUBBARDSTON HUNTINGTON 7061-0008 0611-5500 Municipality Chapter 70 Additional Assistance Lottery Distribution LANCASTER 0 0 773,606 498,078 0 311,424 114,763,770 190,699 16,928,453 LEE 1,482,316 0 575,965 LEICESTER 8,492,114 0 1,515,032 LENOX 1,073,673 72,146 476,164 31,305,976 11,693 4,779,809 217,431 0 153,710 4,895,754 0 1,392,955 0 0 61,869 LANESBOROUGH LAWRENCE LEOMINSTER LEVERETT LEXINGTON LEYDEN file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (6 of 149) [1/28/04 3:44:11 PM] Outside Sections LINCOLN 458,937 292,012 415,099 LITTLETON 1,387,507 164,924 500,608 LONGMEADOW 3,385,200 0 1,182,253 LOWELL 107,855,929 6,340,746 17,476,479 LUDLOW 9,232,972 0 2,401,815 LUNENBURG 3,625,757 0 941,409 98,025,489 9,477,523 12,851,766 1,659,938 362,288 674,713 29,714,973 5,586,730 7,454,621 0 0 214,734 10,555,161 725,040 1,292,920 2,435,289 39,403 1,026,392 317,718 0 198,208 5,916,088 2,728,327 2,786,797 11,635,063 202,756 1,832,675 3,981,423 0 236,666 449,798 0 371,347 MAYNARD 2,145,808 586,886 1,004,037 MEDFIELD 4,008,989 744,614 760,033 MEDFORD 9,996,450 6,432,448 6,402,709 MEDWAY 6,153,863 187,002 897,832 MELROSE 5,012,390 2,704,187 2,786,945 19,043 0 333,019 0 0 652,335 METHUEN 28,060,249 163,026 4,603,440 MIDDLEBOROUGH 14,891,489 0 2,152,990 0 0 36,878 MIDDLETON 1,400,481 126,570 306,150 MILFORD 9,314,774 0 2,740,501 MILLBURY 5,796,003 0 1,550,680 MILLIS 1,821,686 320,940 708,699 18,901 0 299,243 LYNN LYNNFIELD MALDEN MANCHESTER MANSFIELD MARBLEHEAD MARION MARLBOROUGH MARSHFIELD MASHPEE MATTAPOISETT MENDON MERRIMAC MIDDLEFIELD MILLVILLE file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (7 of 149) [1/28/04 3:44:11 PM] Outside Sections 7061-0008 0611-5500 Chapter 70 Additional Assistance Lottery Distribution 3,219,806 1,245,145 2,082,868 MONROE 83,276 13,927 6,377 MONSON 6,240,806 0 1,078,262 MONTAGUE 1,037 0 1,050,583 MONTEREY 0 12,538 31,187 MONTGOMERY 0 0 71,839 19,108 33,286 2,817 NAHANT 364,640 125,393 265,399 NANTUCKET 775,218 0 66,534 NATICK 3,945,346 1,942,474 2,069,792 NEEDHAM 3,603,998 205,993 1,418,675 NEW ASHFORD 113,805 7,313 8,028 NEW BEDFORD 101,883,880 716,255 20,272,783 NEW BRAINTREE 0 0 96,712 NEW MARLBOROUGH 0 0 48,224 NEW SALEM 0 0 79,036 NEWBURY 0 0 397,117 NEWBURYPORT 2,793,820 1,380,057 1,360,628 NEWTON 9,115,550 1,377,012 4,428,398 NORFOLK 3,236,571 0 842,604 13,731,726 185,853 3,781,341 3,911,440 120,549 1,635,892 17,562,102 0 2,538,546 NORTH BROOKFIELD 4,329,232 0 707,851 NORTH READING 3,268,872 945,499 921,054 NORTHAMPTON 6,425,910 577,922 3,460,946 NORTHBOROUGH 2,491,114 61,111 918,552 12,161,767 3,071 1,985,075 0 0 259,157 Municipality MILTON MOUNT WASHINGTON NORTH ADAMS NORTH ANDOVER NORTH ATTLEBOROUGH NORTHBRIDGE NORTHFIELD file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (8 of 149) [1/28/04 3:44:11 PM] Outside Sections NORTON 11,301,098 0 1,794,549 NORWELL 1,815,262 541,079 584,616 NORWOOD 3,359,544 2,665,880 2,280,261 507,397 0 62,930 OAKHAM 56,660 0 146,533 ORANGE 4,875,842 2,115 1,393,773 214,362 0 159,824 75,547 0 25,525 OXFORD 8,155,445 0 1,848,802 PALMER 10,069,381 0 1,607,734 PAXTON 80,630 0 397,604 15,666,037 3,140,276 4,273,806 112,953 0 129,327 OAK BLUFFS ORLEANS OTIS PEABODY PELHAM 7061-0008 0611-5500 Municipality Chapter 70 Additional Assistance Lottery Distribution PEMBROKE 7,895,714 0 1,463,767 PEPPERELL 0 0 1,104,533 34,312 0 89,232 PETERSHAM 297,366 0 94,046 PHILLIPSTON 0 4,386 137,975 PITTSFIELD 27,287,301 880,284 6,708,257 PLAINFIELD 18,887 0 37,273 PLAINVILLE 2,334,300 0 655,201 PLYMOUTH 16,321,643 0 3,279,583 PLYMPTON 478,208 0 208,033 0 0 259,175 247,301 22,181 124,552 QUINCY 12,132,223 11,567,002 9,033,749 RANDOLPH 10,240,371 1,825,854 3,311,003 0 0 964,956 6,082,107 1,534,901 1,841,015 0 0 796,592 PERU PRINCETON PROVINCETOWN RAYNHAM READING REHOBOTH file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (9 of 149) [1/28/04 3:44:11 PM] Outside Sections REVERE 23,784,526 5,334,444 5,316,611 308,895 0 99,313 ROCHESTER 1,299,420 0 359,839 ROCKLAND 8,823,145 394,336 2,104,059 ROCKPORT 1,142,321 0 394,035 42,445 0 3,692 ROWLEY 0 114,232 391,966 ROYALSTON 0 0 124,147 RUSSELL 0 0 192,357 RUTLAND 8,895 0 660,841 10,290,730 3,298,731 3,582,967 SALISBURY 0 0 537,269 SANDISFIELD 0 0 25,694 SANDWICH 5,453,106 88,406 813,793 SAUGUS 3,382,514 1,784,087 1,999,340 456,622 13,801 85,489 SCITUATE 3,051,265 875,037 1,231,872 SEEKONK 2,931,775 0 1,057,967 SHARON 6,098,815 62,495 1,196,755 7,405 11,938 190,069 0 0 224,115 316,331 20,951 179,491 3,950,169 185,558 993,217 11,901,508 298,861 2,110,492 458,403 0 127,296 7061-0008 0611-5500 Municipality Chapter 70 Additional Assistance Lottery Distribution SOMERSET 2,553,323 0 1,240,942 19,441,989 16,219,924 10,692,616 SOUTH HADLEY 5,184,111 20,214 2,189,688 SOUTHAMPTON 2,265,949 0 492,324 SOUTHBOROUGH 2,505,027 0 367,543 RICHMOND ROWE SALEM SAVOY SHEFFIELD SHELBURNE SHERBORN SHIRLEY SHREWSBURY SHUTESBURY SOMERVILLE file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (10 of 149) [1/28/04 3:44:11 PM] Outside Sections SOUTHBRIDGE 14,524,446 0 3,019,639 0 0 937,706 208,847 0 1,789,359 215,963,643 1,829,496 28,974,118 STERLING 0 0 595,435 STOCKBRIDGE 0 0 93,460 STONEHAM 2,627,863 2,028,958 1,915,613 STOUGHTON 8,600,788 103,134 2,898,763 0 6,974 367,900 STURBRIDGE 1,039,058 0 650,667 SUDBURY 3,351,225 641,561 778,236 833,349 0 402,993 SUTTON 4,664,139 0 661,909 SWAMPSCOTT 1,944,830 352,328 892,119 SWANSEA 3,973,381 0 1,650,958 TAUNTON 38,611,178 0 7,597,724 TEMPLETON 0 0 1,052,152 TEWKSBURY 11,685,390 0 2,540,701 TISBURY 284,186 0 91,244 TOLLAND 0 9,864 4,971 TOPSFIELD 583,120 253,284 369,587 TOWNSEND 0 0 1,007,487 209,577 0 26,236 6,143,081 0 793,386 29,274 0 11,431 6,830 0 429,828 UXBRIDGE 8,869,122 0 1,239,204 WAKEFIELD 3,895,320 1,438,080 2,070,499 592,846 0 192,249 WALPOLE 4,314,774 883,775 1,661,399 WALTHAM 5,727,143 5,458,868 4,764,032 WARE 7,030,768 15,257 1,433,470 11,089,212 0 1,824,735 236,226 0 613,802 0 28,890 70,313 WASHINGTON 16,679 23,752 58,939 WATERTOWN 2,375,554 4,427,251 2,675,788 SOUTHWICK SPENCER SPRINGFIELD STOW SUNDERLAND TRURO TYNGSBOROUGH TYRINGHAM UPTON WALES WAREHAM WARREN WARWICK file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (11 of 149) [1/28/04 3:44:12 PM] Outside Sections 7061-0008 0611-5500 Chapter 70 Additional Assistance Lottery Distribution WAYLAND 2,290,575 280,373 611,716 WEBSTER 6,733,905 62,006 2,079,811 WELLESLEY 2,949,947 96,838 1,163,702 WELLFLEET 116,462 0 54,888 WENDELL 0 25,534 109,541 WENHAM 0 139,794 285,763 WEST BOYLSTON 2,552,355 67,754 595,198 WEST BRIDGEWATER 1,570,286 47,212 552,344 118,149 0 392,097 0 0 251,169 13,188,862 0 2,851,691 WEST STOCKBRIDGE 0 0 91,587 WEST TISBURY 0 182,434 30,556 2,592,041 145,058 859,807 WESTFIELD 29,328,636 0 5,085,250 WESTFORD 11,051,391 895,514 1,196,145 278,415 0 118,799 0 0 538,162 WESTON 1,367,350 0 346,827 WESTPORT 3,945,860 0 1,124,879 WESTWOOD 2,108,502 36,263 635,077 WEYMOUTH 19,167,340 2,424,084 6,423,581 WHATELY 124,453 0 106,535 WHITMAN 86,579 0 1,926,372 0 0 1,077,658 Municipality WEST BROOKFIELD WEST NEWBURY WEST SPRINGFIELD WESTBOROUGH WESTHAMPTON WESTMINSTER WILBRAHAM file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (12 of 149) [1/28/04 3:44:12 PM] Outside Sections WILLIAMSBURG 350,234 0 271,186 WILLIAMSTOWN 880,910 0 835,190 WILMINGTON 3,307,933 1,254,452 1,245,458 WINCHENDON 9,655,922 25,366 1,367,138 WINCHESTER 2,953,621 344,404 1,124,847 18,887 28,020 54,390 WINTHROP 4,933,195 2,287,531 2,248,669 WOBURN 4,502,553 3,586,952 2,809,553 156,754,121 11,809,090 26,953,316 0 0 94,935 WRENTHAM 3,386,805 0 846,314 YARMOUTH 0 0 1,075,298 2,670,825,537 378,517,988 661,378,162 WINDSOR WORCESTER WORTHINGTON Total Municipal Aid The amounts listed in this section below for regional school districts shall not be in addition to the municipal aid amounts listed above in this section, but shall be the total amount of state aid owed to a regional school district from cities and towns participating in the regional school district. 7061-0008 Regional School District Chapter 70 ACTON BOXBOROUGH 2,890,613 ADAMS CHESHIRE 9,590,090 AMHERST PELHAM 9,244,885 ASHBURNHAM WESTMINSTER 8,787,951 ASSABET VALLEY 2,441,550 ATHOL ROYALSTON BERKSHIRE HILLS BERLIN BOYLSTON BLACKSTONE MILLVILLE 16,220,282 2,614,817 770,332 10,270,844 BLACKSTONE VALLEY 4,662,752 BLUE HILLS 3,035,559 BRIDGEWATER RAYNHAM 19,011,812 BRISTOL COUNTY 1,182,529 BRISTOL PLYMOUTH 6,046,016 CAPE COD 1,776,571 file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (13 of 149) [1/28/04 3:44:12 PM] Outside Sections CENTRAL BERKSHIRE CHESTERFIELD GOSHEN 7,628,881 638,591 CONCORD CARLISLE 1,417,979 DENNIS YARMOUTH 6,120,344 DIGHTON REHOBOTH 10,772,741 DOVER SHERBORN 1,138,654 DUDLEY CHARLTON 20,867,049 ESSEX COUNTY FARMINGTON RIVER 3,664,972 360,806 FRANKLIN COUNTY 2,407,670 FREETOWN LAKEVILLE 6,365,808 FRONTIER 2,613,407 GATEWAY 5,644,248 GILL MONTAGUE 5,837,026 GREATER FALL RIVER 11,246,848 GREATER LAWRENCE 15,820,969 GREATER LOWELL 15,833,811 GREATER NEW BEDFORD 17,328,479 GROTON DUNSTABLE 9,553,130 HAMILTON WENHAM 3,061,591 HAMPDEN WILBRAHAM 9,400,100 HAMPSHIRE 2,383,522 HAWLEMONT KING PHILIP 606,785 5,912,077 7061-0008 Regional School District Chapter 70 LINCOLN SUDBURY 1,711,978 MANCHESTER ESSEX 1,317,284 MARTHAS VINEYARD 2,631,535 MASCONOMET 4,376,708 MENDON UPTON 8,736,648 MINUTEMAN 2,052,550 MOHAWK TRAIL 5,904,434 file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (14 of 149) [1/28/04 3:44:12 PM] Outside Sections MONTACHUSETT 7,837,532 MOUNT GREYLOCK 1,635,600 NARRAGANSETT 8,330,139 NASHOBA 5,181,573 NASHOBA VALLEY 1,908,915 NAUSET 3,122,423 NEW SALEM WENDELL 595,315 NORFOLK COUNTY 594,178 NORTH MIDDLESEX 18,837,421 NORTH SHORE NORTHAMPTON SMITH 1,407,994 732,334 NORTHBORO SOUTHBORO 1,637,110 NORTHEAST METROPOLITAN 5,201,971 NORTHERN BERKSHIRE 3,190,923 OLD COLONY 2,524,441 OLD ROCHESTER 1,469,860 PATHFINDER 2,375,168 PENTUCKET 12,188,763 PIONEER 3,808,395 QUABBIN 15,119,489 QUABOAG 7,260,044 RALPH C MAHAR 4,324,126 SHAWSHEEN VALLEY 3,074,457 SILVER LAKE 5,606,085 SOUTH MIDDLESEX 2,131,644 SOUTH SHORE 1,688,259 SOUTHEASTERN 8,867,856 SOUTHERN BERKSHIRE 1,687,824 SOUTHERN WORCESTER 5,179,076 SOUTHWICK TOLLAND 6,978,429 SPENCER EAST BROOKFIELD 12,374,287 TANTASQUA 6,695,256 TRI COUNTY 3,298,547 TRITON 7,625,408 UPISLAND 767,074 file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (15 of 149) [1/28/04 3:44:12 PM] Outside Sections 7061-0008 Regional School District Chapter 70 UPPER CAPE COD 2,560,503 WACHUSETT 14,215,484 WHITMAN HANSON 21,130,837 WHITTIER 4,854,517 Total Regional Aid 509,922,485 Total Municipal and Regional Aid 3,180,748,022 661,378,162 378,517,988 Accessible Housing Registry SECTION 4. Subsection (i) of section 79 of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the beginning thereof the following:- in conjunction with the executive office of health and human services,. Criminal Justice Training Council Fee SECTION 5. Said chapter 6, as so appearing, is hereby amended by inserting after section 116C the following new section:Section 116C½. The criminal justice training council shall charge a fee for training programs operated by the council for all persons who begin training on or after July 1, 2004. The amount of said fee shall be established pursuant to section 3B of chapter 7. Said fee shall be retained and expended by said council subject to appropriation. The trainee, or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide said fee in full to the council no later than the first day of orientation for the program in which such trainee or recruit has enrolled. No recruit or person shall begin training unless said municipality or said person has provided said fee in full to said council. For recruits of municipalities, upon the completion of said program, the municipality shall deduct said fee from said recruit's wages in 23 equal monthly installments, unless otherwise negotiated between said recruit and the municipality in which said recruit shall serve. If a recruit withdraws from the training program before graduation, said council shall refund the municipality in which the recruit was to have served a portion of said fee according to the following schedule: if a recruit withdraws from said program before the start of week 2, 75 per cent of said payment shall be refunded; if a recruit withdraws from said program after the start of week 2 but before the start of week 3, 50 per cent of said fee shall be refunded and if a recruit withdraws from said program after the start of week 3 but before the start of week 4, 25 per cent of said fee shall be refunded; if a recruit withdraws after the start of week 4, the fee shall not be refunded. A recruit who withdraws from said program shall pay the municipality in which he was to have served the difference between said fee and the file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (16 of 149) [1/28/04 3:44:12 PM] Outside Sections amount forfeited by said municipality according to said schedule. Said schedule shall also apply to trainees other than recruits who enroll in said program. No expenditures shall be charged to item 8200-0222 of section 2 of this act that are related to chief, veteran, in-service, or reserve training, or any training not directly related to new recruits. Sex Offender Data on the Internet SECTION 6. Section 178D of said chapter 6, as most recently amended by section 5 of chapter 140 of the acts of 2003, is hereby further amended by striking out in the second paragraph the words " and (viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive." and inserting in place thereof the following:- (viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive; and (ix) the name and address of the institution of higher learning that the sex offender is attending. Registry Fee Repeal SECTION 7. Section 178Q of chapter 6 of the General Laws, as inserted by section 12 of chapter 26 of the acts of 2003, is hereby repealed. Reunification of Labor and Workforce Development SECTION 8. Chapter 6A of the General Laws is hereby amended by striking out section 16G, as added by section 550 of chapter 26 of the acts of 2003, and inserting in place thereof the following section:Section 16G. (a) Within the executive office of economic development, there shall be a department of business and technology, an office of consumer affairs and business regulation, and a department of labor and workforce development. Subject to appropriation, the departments shall maintain offices in Boston and elsewhere as may be approved by the governor and may expend sums for necessary expenses of those departments. The executive office may accept gifts or grants of money or property whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the departments in the discharge of their duties. (b) The following state agencies shall be within the department of business and technology: the office of business development, the office of small business and entrepreneurship, the office of science and technology, the office of travel and tourism, the trade office and the office of minority and women business assistance. (c) The following state agencies shall be within the office of consumer affairs and business regulation: the state racing commission, the division of banks, the division of insurance, the division of standards, the department of telecommunications and energy, the division of professional licensure and the division of energy resources. (d) The following state agencies shall be within the department of labor and workforce development: file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (17 of 149) [1/28/04 3:44:12 PM] Outside Sections the division of industrial accidents, the board of conciliation and arbitration, the state labor relations commission, the joint labor-management committee, the division of occupational safety, the division of unemployment assistance, the one-stop career centers, the state workforce investment board, the division of apprentice training, the division of career services, the commonwealth corporation and the workforce training fund. The division of unemployment assistance shall include the medical security trust fund and the unemployment insurance fund. (e) The secretary of economic development shall be appointed by the governor and shall be a person of skill and experience in the field of economic development. The secretary shall serve at the pleasure of the governor, shall receive such salary as the governor shall determine and shall devote his full time to the duties of his office. (f) In the case of a vacancy in the office of the secretary or in the case of a disability, as determined by the governor, or in his absence, the governor may designate an acting secretary to serve until the vacancy is filled or the absence or disability, as determined by the governor, ceases. The acting secretary shall have all the powers and duties of the secretary and shall have like qualifications. (g) The governor, in conjunction with the secretary, shall appoint a director for each department within the executive office. Any such director and any inspectors and other full-time employees appointed shall devote their full time during business hours to the duties of their offices and shall not engage in other employment or business activities during business hours. In accordance with the provisions of chapter 30A, and with the advice of the directors of the various departments, the secretary shall promulgate regulations with respect to the departments under the secretariat's control. (h) In accordance with chapter 30A, the secretary shall require the directors of each department to develop performance measures to evaluate the effectiveness of the individual agencies and programs in accomplishing their missions. (1) The measures for the department of labor and workforce development for workforce programs shall include, but not be limited to: income levels of program participants before and after participation in training programs administered by the division, completion rates, placement rates and the total number of individual participants in the division's programs, employer satisfaction with the programs and direct training expenditures as a share of total expenditures. (2) The measures for the department of labor and workforce development for labor benefit and enforcement programs shall include, but not be limited to: the number of complaints filed, the number of caseworkers per completed case, the number of caseworkers per uncompleted case, and the rates of incidences of occupational injuries and illnesses, enforcement actions as a share of complaints received and prevention costs as a share of total program costs. (3) The measures for the department of business and technology shall include, but not be limited to: the incremental job growth attributed to services provided, the incremental trade growth attributed to the services provided, the return on investment for marketing campaigns, the number of businesses that relocated to Massachusetts as a result of marketing campaigns, the share of expenses due to administrative expenses, and the amount of non-governmental funds leveraged. (j) The secretary shall require the departments within the executive office to report on the measures annually by December 15 to the secretary for administration and finance and the clerks of the house of representatives and the senate and the house and senate committees on ways and means. In its report, each department may include analysis as to why the measures may or may not give a true indication of the effectiveness of the programs. (k) The secretary shall establish in the executive office an office of planning and research for economic development. The office shall compile and produce statistics and analyses regarding labor markets and the general economic situation, in order to assist workers and businesses and to assist departments within the executive office in carrying out their missions. The office shall prepare and annually file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (18 of 149) [1/28/04 3:44:12 PM] Outside Sections update a state economic data book, which shall contain a statistical and economic profile of the state and its regions. A copy of said data book shall be placed in the state library and in the central offices of the division of unemployment assistance and the department of labor and workforce development and shall be made available to any person for review. The secretary may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the office in the discharge of its duties. Subject to appropriation, the secretary may appoint a senior staff member who shall be responsible for developing a comprehensive plan to promote economic development in all regions of the commonwealth. Nothing in this section shall confer any powers or impose any duties upon the secretary with respect to the foregoing agencies except as expressly provided by law. Reunification of Labor and Workforce Development SECTION 9. Said chapter 6A, as amended by section 552 of chapter 26 of the acts of 2003, is hereby further amended by striking out section 17C and inserting in place thereof the following section:Section 17C. The division of industrial accidents and all other state agencies within said division are hereby declared to be within the department of labor and workforce development, but shall not be subject to the jurisdiction thereof. Nothing in this section shall be construed as conferring any power or imposing any duties upon the director of labor and workforce development with respect to the foregoing agencies except as expressly provided by law. Reunification of Labor and Workforce Development SECTION 10. Said chapter 6A, as amended by section 553 of chapter 26 of the acts of 2003, is hereby further amended by striking section 17D and inserting in place thereof the following section:Section 17D. The labor relations commission, insofar as it includes divisions, boards, commissions, committees, and sections subject to its direction and jurisdiction, is hereby declared to be within the department of labor and workforce development, but in no respect subject to the jurisdiction thereof. Nothing in this section shall be construed as conferring any powers or imposing any duties upon the director of labor and workforce development with respect to the foregoing agencies except as expressly provided by law. Alcoholic Beverage Control Commission Transfer to Public Safety SECTION 11. Section 18 of said chapter 6A, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "vehicles;" in line 3, the following:- alcoholic beverage control commission;. file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (19 of 149) [1/28/04 3:44:12 PM] Outside Sections Alcoholic Beverage Control Commission Transfer to Public Safety SECTION 12. Section 18A½ of said chapter 6A, as amended by section 22 of chapter 26 of the acts of 2003, is hereby further amended by inserting after the word "laboratory," in the second paragraph, the following:- alcoholic beverage control commission,. Emergency Telecommunications Program Funding SECTION 13. Said chapter 6A of the General Laws is hereby amended by striking out section 18H as added by section 1 of chapter 239 of the acts of 2002, and inserting in place thereof the following section:Section 18H½. (a) The department of telecommunications and energy shall promulgate rules providing for the recovery by telecommunications companies of expenses that have been, are, or will be, until December 31, 2007, incurred that are associated with the services pursuant to sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166. With respect to any deficit incurred by the telephone companies before the effective date of this section, the department of telecommunications and energy shall determine the portion of directory assistance revenues that will be used to offset that deficit, including any interest the department may determine should be applied. The rules shall provide for the funding of the prudently incurred expenses by means of a charge on each voice grade exchange telephone line of business and residence customers within the commonwealth; but the surcharge applicable to centrex service shall be based on an equivalency provided to each private branch exchange trunk. In the development of the charge, all telephone companies shall submit to the department historical data verifying their participation in the statutory funding mechanism. The department of telecommunications and energy shall annually report to the general court concerning the financial condition of the fund and shall address in the report the reasonableness of the capital expenditures and related expenses of the statewide emergency telecommunications board incurred in complying with chapter 166, sections 14A and 15E. b) Each telecommunication company shall remit the surcharge revenues collected from its subscribers to the state treasurer for deposit in the Wireline Enhanced 911 Fund established in section 35W½ of chapter 10. The surcharge revenues shall be used by the board for the recovery by the board and telecommunications companies of expenses that have been, or will be, incurred in complying with sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166. Oversight Authority - Information Technology Projects SECTION 14. Subsection (d) of section 4A of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting at the end of the first paragraph the following sentence:- 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 consultant fees, shall be reviewed and approved by the chief information officer before such agency may obligate funds for such project or purchase. The chief information officer may establish such rules and file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (20 of 149) [1/28/04 3:44:12 PM] Outside Sections procedures as he deems necessary to implement the provisions of this paragraph. Civil Service Commission Administration SECTION 15. Section 4I of said chapter 7, as amended by section 4 of chapter 46 of the acts of 2003, is hereby further amended by inserting after the third sentence of the second paragraph the following new sentences:- The chairman shall be the executive and administrative head of the commission, and shall have the authority and responsibility for directing assignments of members of said commission and shall be the appointing authority for commission staff. The chairman shall, subject to appropriation, establish such staff positions and employ such administrative, research, technical, legal, clerical and other personnel and consultants as may be necessary to perform the duties of said commission. Reform of Outsourcing Limitations SECTION 16. Paragraph (1) of section 54 of said chapter 7, as so appearing, is hereby amended by striking the following:- , and shall be transmitted to the state auditor for review pursuant to section fifty-five. Reform of Outsourcing Limitations SECTION 17. Paragraph (2) of said section 54 of said chapter 7, as so appearing, is hereby repealed. Reform of Outsourcing Limitations SECTION 18. Paragraph (4) of said section 54 of said chapter 7, as so appearing, is hereby amended by striking the first two sentences and inserting in place thereof the following sentences:- The agency shall prepare a comprehensive written estimate of the actual costs of regular agency employees providing the subject services. The estimate shall include all direct and indirect costs of regular agency employees providing the subject services, including but not limited to, pension, insurance and the costs of other employee benefits, capital costs, and overhead. Reform of Outsourcing Limitations SECTION 19. Paragraph (6) of said section 54 of said chapter 7, as so appearing, is hereby amended by striking the last sentence. file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (21 of 149) [1/28/04 3:44:12 PM] Outside Sections Reform of Outsourcing Limitations SECTION 20. Said chapter 7, as so appearing, is hereby further amended by striking section 55 and inserting in place thereof the following section:Section 55. An agency shall not make any privatization contract and no such contract shall be valid if, within 30 days after receiving the certificate required by section 54, the state auditor notifies the agency of his objection. Such objection shall be in writing and shall state specifically the state auditor's finding that the agency has failed to substantially comply with the process of said section 54 or that the agency's findings are clearly erroneous. Inspector General Transfer to Comptroller SECTION 21. Chapter 7A of the General Laws is hereby amended by inserting after section 18 the following four sections:Section 19. The comptroller shall act to prevent and detect fraud, waste and abuse in the expenditure of public funds, whether state, federal, or local, or relating to programs and operations involving the sections, departments, offices, commissions, institutions, and activities of the commonwealth, including those districts, authorities, instrumentalities or political subdivisions created by the general court and including cities and towns. Section 20. The comptroller may supervise, coordinate, and conduct audits and investigations when necessary, relating to programs and operations described in section 19. He shall review legislation and regulations relating to programs and operations described in said section 19 herein and shall make recommendations concerning the effect of such legislation or regulation on the prevention and detection of fraud, waste and abuse. He may recommend policies which will assist in the prevention or detection of fraud, waste or abuse. The person in charge of, or the governing body of any public body described in said section 19, may request the assistance of the comptroller with respect to implementation of any suggested policy. In that event the comptroller may assign personnel to conduct, supervise, or coordinate such activity. He may recommend policies for the conduct, supervision or coordination of relationships between state and county agencies and other state and local government agencies and federal agencies and nongovernmental entities with respect to all matters relating to the prevention and detection of fraud, waste and abuse in or relating to programs and activities described in said section 19. Section 21. (a) The comptroller may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste and abuse in or relating to programs and operations described in section 19 herein. (b) The comptroller shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without written consent of said employee, unless the comptroller determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the employee shall be notified in writing at least seven days prior to such disclosure. file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (22 of 149) [1/28/04 3:44:12 PM] Outside Sections (c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employees as a reprisal for making a complaint or disclosing information to the comptroller, unless the complaint was made or information disclosed with the knowledge that it was false or with willful disregard of its truth or falsity. Section 22. In carrying out his duties and responsibilities, the comptroller shall report to the attorney general, the United States Attorney, or both, whenever the comptroller has reasonable grounds to believe there has been a violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings. The comptroller shall refer audit or investigative findings to the state ethics commission, or to any other federal, state, or local agency that has an interest in said findings. Any referrals made under this section shall not be made public. In any case where the comptroller has discovered fraudulent acts and believes that civil recovery proceedings may be appropriate, he shall refer the matter to the attorney general. The attorney general may institute whatever proceedings he deems appropriate, may refer the matter to another state or local agency, may retain the matter for further investigation, or may remand the matter to the comptroller for further investigation. Inspector General Transfer to Comptroller SECTION 22. Subsection (a) of section 2 of chapter 7B of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 5, the words "the inspector general" and inserting in place thereof the following:- the comptroller. Board of Registration in Medicine Trust Fund SECTION 23. Section 35M of chapter 10 of the General Laws, as so appearing, is hereby amended by striking the second and third sentences and inserting in place thereof the following sentences:- One hundred per cent of the revenues collected by said board shall be deposited into said trust fund. All monies deposited into said fund shall be expended exclusively by the board for its operations and administration. Emergency Telecommunications Program Funding SECTION 24. Said chapter 10, as so appearing, is hereby amended by inserting after section 35W the following new section:Section 35W½. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Wireline Enhanced 911 Fund. There shall be credited to such fund all revenues received by the commonwealth from surcharges imposed under section 18H½ of chapter 6A; from appropriations; file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (23 of 149) [1/28/04 3:44:12 PM] Outside Sections from gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government, and any individual foundation, corporation, association or public authority; revenue derived from the investment of amounts credited to the fund; and any federal funds made available for emergency telecommunication services. The fund shall be used solely for the purposes described in said section 18H½ of said chapter 6A. Amounts credited to the fund shall be available for expenditure by the statewide telecommunications board, without further appropriation. Quality in Health Professions Trust Fund SECTION 25. Subsection (a) of section 35X of said chapter 10, as so appearing, is hereby amended by striking the second sentence and inserting in place thereof the following sentence:- The fund shall consist of 100 per cent of the fee revenue collected by the various boards serving within the department under section 9 of chapter 13 excluding the board of registration in medicine. Quality in Health Professions Trust Fund SECTION 26. Subsection (a) of said section 35X of said chapter 10, as so appearing, is hereby amended by striking out the seventh sentence. Alcoholic Beverage Control Commission Transfer to Public Safety SECTION 27. Sections 70, 71, and 72, inclusive, of chapter 10 of the General Laws, as inserted by section 48 of chapter 26 of the acts of 2003, are hereby repealed. Inspector General Transfer to Comptroller SECTION 28. Subsection (13) of section 5N of chapter 12 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 130, the words "inspector general" and inserting in place thereof the following:- comptroller. Inspector General Transfer to Comptroller SECTION 29. Chapter 12A of the General Laws is hereby repealed. file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (24 of 149) [1/28/04 3:44:12 PM] Outside Sections Division of Professional Licensure Oversight SECTION 30. Chapter 13 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 9B the following new section:Section 9C. The member of each board of registration shall be immune from liability for actions taken in good faith in the discharge of his responsibilities, and shall be indemnified with respect to liability for intentional torts and liability by reason of any act or omission which constitutes a violation of the civil rights of any person, to the same extent as a public employee. Legacy of Learning - Adams Scholarship Program SECTION 31. Section 16 of chapter 15A of the General Laws, as so appearing, is hereby amended by inserting after the ninth paragraph the following paragraph:There shall be a John and Abigail Adams Scholarship Program, administered by the Board of Higher Education, providing for four years of tuition at the University of Massachusetts or at any of the nine state and 15 community colleges to students whose Massachusetts Comprehensive Assessment System (MCAS) scores by the end of their junior year rank in the top 25 per cent of those taking the test; and, in addition, those students in the top 10 per cent shall receive a waiver for $2,000 to offset the cost of campus fees. Those students awarded tuition must complete their college studies in four years or less and maintain at least a 3.0 grade point average. Those students awarded tuition plus the $2,000 fee waiver must complete their college studies in four years or less and maintain at least a 3.3 grade point average. The Board of Higher Education shall establish guidelines relating to the program, including an audit procedure to ensure that institutions are in compliance with such guidelines. The Board of Higher Education shall verify the amount of tuition and fee revenue, as applicable, that should be reimbursed to campuses for students participating in the program. Said amount for the John and Abigail Adams Scholarship Program shall be subject to appropriation. Transfer of Parkway Operation and Maintenance SECTION 32. Chapter 16 of the General Laws, as so appearing, is hereby amended by inserting after section 3A the following new section:Section 3B. (a) There shall be in the department a bureau of parkways. The bureau shall be responsible for the maintenance and operation of parkways, boulevards and bridges under the care, custody and control of the division of urban parks and recreation within the department of conservation and recreation, and any other parkways, as designated by the secretary of environmental affairs subject to one or more memoranda of understanding that may address, but not be limited to, street lighting and related appurtenances. The commissioner of highways, with the approval of the secretary of transportation and construction, may appoint and remove a deputy commissioner for parkways without regard to chapter 31 to manage the file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (25 of 149) [1/28/04 3:44:12 PM] Outside Sections bureau of parkways who shall report to the commissioner. The commissioner shall assign powers and duties to the deputy commissioner. (b) The bureau shall be responsible, at a minimum, for the removal of snow and ice from parkways. The commissioner of highways shall assign sufficient staff to accomplish the bureau's goals and objectives. Nothing in this section shall prohibit the use of department of highways personnel not assigned to the bureau of parkways for maintenance and operation of parkways in addition to other responsibilities which shall be set forth in the memoranda of understanding. (c) The bureau shall develop standards to address the maintenance and operation of the parkways and any other issues not specifically addressed in this section but necessary to effectuate the intent of this section. The standards shall be memorialized in a memorandum of understanding to be approved by the secretaries of transportation and construction and environmental affairs. The standards shall include, but not be limited to, ones governing design, engineering, construction and maintenance of the parkways and shall protect the distinctive and historic characteristics of the parkway system. Until the final standards are developed and approved, the bureau shall use existing standards of the division of urban parks and recreation within the department of conservation and recreation for the design, engineering, construction and maintenance of parkways. The bureau shall not widen or straighten any parkways, unless otherwise authorized by the general court. (d) The department shall not permit trucks and hazardous materials on parkways, boulevards and roadways, which are excluded from parkways, boulevards and roadways by the division of urban parks and recreation within the department of conservation and recreation unless otherwise authorized by the general court. (e) This section shall not be construed to repeal, diminish or limit any authority, right, or limitation on liability, granted to the division of urban parks and recreation within the department of conservation and recreation by sections 35, 35A, 36, 37, 49, 69, 80, 85, 88, 98, and 106 of chapter 92, beyond any authority or right granted to the bureau of parkways for maintenance and operation. Shelter to Housing Program SECTION 33. Subsection (D) of section 2 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out all provisions in lines 94 through 133 inclusive, and inserting in place thereof the following:Subject to appropriation, the department shall administer a program of emergency assistance to needy families with children and pregnant women with no other children. A needy family shall be eligible for assistance only if its income is at or below 100 per cent of the federal poverty level. The department is authorized to provide emergency shelter for homeless families. The department shall promulgate rules and regulations to establish eligibility requirements, services and level of benefits available under the program, and shall amend such rules and regulations as necessary to ensure that expenditures under the emergency assistance program do not exceed the level of funds appropriated for the program during the fiscal year. The department may, in its discretion, develop and implement pilot programs designed to improve the effectiveness of its programs serving homeless families and individuals. The department shall convert the scattered-site housing model to one where adult family members shall participate in work-related activities and the maximum length of stay shall be limited, as defined by the department in regulation. The department may also use funds appropriated to the accounts for homeless families or individuals to pay for file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (26 of 149) [1/28/04 3:44:12 PM] Outside Sections supportive services to these families or individuals, including services provided under the employment services program. Food Stamp Benefits - Prohibited Activities and Penalties SECTION 34. Said chapter 18, as so appearing, is hereby amended by inserting after section 5H the following new section:Section 5I. (a) Whoever knowingly uses, acquires, alters, or transfers food stamp coupons, authorizations to participate in the food stamp program, food stamp electronic access devices, or food stamp benefits in any other form or medium, in any manner not authorized by law shall be guilty of an offense under this section. If the value of the food stamp benefits illegally used, acquired, altered or transferred exceeds $250, violation of this section shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $25,000 and imprisonment in jail for not more than two years. If the value of the food stamp benefits illegally used, acquired, altered or transferred does not exceed $250, violation of this section shall be punished by imprisonment in jail for not more than one year or by a fine of not more than $300. (b) Whoever knowingly possesses food stamp coupons, authorizations to participate in the food stamp program, food stamp electronic access devices, or food stamp benefits in any other form or medium, when not authorized by law to possess them, knowingly redeems food stamp benefits when not authorized to redeem them, or knowingly redeems food stamp benefits for purposes not authorized by law, shall be guilty of an offense under this section. (c) Whoever knowingly possesses blank authorizations to participate in the food stamp program, blank food stamp electronic access devices or any other form or medium by which food stamp benefits are provided, when not authorized by law to possess them, shall be guilty of an offense under this section. (d) When food stamp coupons, authorizations to participate, food stamp electronic access devices, or food stamp benefits in any other form or medium are obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the values aggregated in determining the amount of the offense. Violations of this section involving blank or altered food stamp coupons, authorizations to participate, food stamp electronic access devices, or other form or media used to provide food stamp benefits shall give rise to a rebuttable presumption that the offense exceeds $250 in value of food stamp benefits for the purpose of determining the severity of the offense. Department of Environmental Protection Fund SECTION 35. Subsection (d) of section 18 of chapter 21A of the General laws, as so appearing, is hereby amended by inserting after clause (5) the following new clauses:(6) Notwithstanding the requirements of clauses (1) through (4), the department and a permit applicant may agree upon appropriate fees, related funding and schedules for projects meeting the criteria in clauses (1) and (2) or for projects determined by the commissioner to be of significant environmental interest to the commonwealth or that are consistent with sustainable development principles. With input from the advisory committee the department shall establish guidelines for the implementation of this subsection, file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (27 of 149) [1/28/04 3:44:12 PM] Outside Sections including ensuring consideration of the allocation of department permitting resources and whether the project serves a significant public interest, and offers opportunities to restore, protect, conserve or enhance natural resource. All amounts received by the department for said projects shall be deposited in the fund established in clause (7) and may expended by the department in accordance with the requirements of clause (7). (7) There shall be established and set up on the books of the commonwealth a separate trust to be know as the department of environmental protection's Special Projects Permitting and Oversight Fund. There shall be credited to the fund all amounts received by the department from permit applicants for projects identified in clause (6). All amounts credited to the fund may be expended by the department without further appropriation for the purpose of permitting, technical assistance, compliance, other related activities associated with said projects, including all direct and indirect costs of department personnel or contractors. With agreement of the project applicants, any amount credited to the fund in excess of the amount expended to complete the department's permitting, technical assistance, compliance, or other related activities associated with said projects, may be retained in the fund. Such funds may be expended by the department to support projects in economically distressed areas. An economically distressed area is an area or municipality that has been designated as an economic target area, or that would otherwise meet the criteria for such designation pursuant to section 3D of chapter 23A. The department's expenditure of said amounts shall be in accordance with relevant state law applicable to the expenditure and record keeping of state funds and shall be subject to audit by the state auditor. Hazardous Waste Response SECTION 36. Section 3A of chapter 21E of the General Laws, as so appearing, is hereby amended by striking out subsection (o) and inserting in place thereof the following subsection:(o) The department shall audit a statistically significant representative sample of all sites, for which an annual compliance assurance fee is required to be paid pursuant to section 3B, determined by the department to be of a scope and character to reasonably ensure that response actions are performed in compliance with the provisions of this chapter and the Massachusetts contingency plan. In addition, the department may establish other audit targets or approaches for categories of persons or response actions or sites, as defined pursuant to subsection (d) of section 3, based on the department's determination of proper level of oversight for each category. Hazardous Waste Response SECTION 37. Section 3B of said chapter 21E, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:Notwithstanding the provisions of any general or special law to the contrary, the department may, by regulation, establish annual compliance assurance fees for sites or vessels, payable by all persons, excluding agencies of the commonwealth, who are, or are required to be, performing response actions at such sites or vessels, or who have been notified by the department that they are potentially liable for such sites or vessels pursuant to section 5, for each year or fraction thereof in which such response actions are performed or required to be performed, from the time that notice is first required to be given to the file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (28 of 149) [1/28/04 3:44:12 PM] Outside Sections department pursuant to section 7 until the time that a level of no significant risk has been achieved in accordance with subsection (g) of section 3A; provided, further, that such fees shall not apply to sites or vessels for which a level of no significant risk has been achieved within a short duration in response to a sudden release or threat of release of oil or hazardous material. Such fees shall be based on the department's cost for inspection, auditing, enforcement and compliance activities. Hazardous Waste Response SECTION 38. Said section 3B of said chapter 21E, as so appearing, is hereby further amended by striking out, in line 49, the words "carrying out such response action" and inserting in place thereof the following:owing such fee. Hazardous Waste Response SECTION 39. Said section 3B of said chapter 21E, as so appearing, is hereby further amended by striking out, in lines 74 and 75, the following words:- for those response actions at or. Department of Public Safety Name Change SECTION 40. Chapter 22 of the General Laws, as so appearing, is hereby amended, by striking section 1 and inserting in place thereof the following section:Section 1. There shall be a department of inspection and regulation under the supervision and control of a commissioner of inspection and regulation. Elevator Inspector Line of Duty Injury Pay SECTION 41. Sections 7A and 7B of chapter 22 of the General Laws, as so appearing, is hereby repealed. Department of Public Safety Name Change SECTION 42. Section 10A of said chapter 22, as so appearing, is hereby amended by striking out, in lines 1, 4 and 22, the words "public safety" and inserting in place thereof the following:- inspection and regulation. file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (29 of 149) [1/28/04 3:44:12 PM] Outside Sections Department of Public Safety Name Change SECTION 43. Section 11A of said chapter 22, as so appearing, is hereby amended by striking out, in line 1, the words "public safety" and inserting in place thereof the following:- inspection and regulation. Department of Public Safety Name Change SECTION 44. Section 13A of said chapter 22, as so appearing, is hereby amended by striking out, in line 1, the words "public safety" and inserting in place thereof the following: - inspection and regulation. Department of Public Safety Name Change SECTION 45. Section 15B of said chapter 22, as so appearing, is hereby amended striking out, in line 1, the words "public safety" and inserting in place thereof the following:- inspection and regulation. Department of Public Safety Name Change SECTION 46. Section 20 of said chapter 22, as so appearing, is hereby amended by striking out, in line 1, the words "public safety" and inserting in place thereof the following:- inspection and regulation. Alcoholic Beverage Control Commission Transfer to Public Safety SECTION 47. The General Laws are hereby amended by inserting after chapter 22E the following chapter:CHAPTER 22F THE ALCOHOLIC BEVERAGES CONTROL COMMISSION Section 1. There shall exist within the executive office for public safety a commission to be known as the alcoholic beverages control commission, to consist of a commissioner and two associate commissioners appointed by the governor. Not more than two members shall be members of the same political party. The commissioner and one associate commissioner shall serve terms coterminous with that of the governor. One associate commissioner shall serve a four year term. The commissioner shall serve as chairman. The commission members shall devote their full time during business hours to their official duties. The positions of commissioner and associate commissioners shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30. Any vacancy may be filled in like manner for the remainder of the unexpired term. Members of the commission shall serve at the pleasure of the governor and may be removed without cause. Two members shall constitute a file:///C|/WINNT/Profiles/wwork/Desktop/budget_05/pout.html (30 of 149) [1/28/04 3:44:12 PM] Outside Sections quorum for the purpose of conducting the business of the commission. A vacancy shall not impair the right of the remaining members to exercise the powers of the commission. The commissioner, pursuant to section 14 of chapter 17, shall serve as a member of the advisory council on alcoholism. Section 2. The chairman may appoint and remove a secretary and expend for other clerical assistants pursuant to section 45 of chapter 6. The chairman may appoint a confidential secretary pursuant to section 7 of chapter 30. The chairman may ap