Session Laws

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 supplementing certain items in the general appropriation act and for certain other activities and projects, the sums set forth in section two for the several purposes and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and forty of the acts of nineteen hundred and eighty-five, for the fiscal year ending June thirtieth, nineteen hundred and eighty-six or for such period as may be specified, the sums so appropriated to be in addition to any amounts available for the purpose.

SECTION 2.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 Item `t+1 `tch;end `tc3 legislature. `tc2 Senate. `tc1 0119-0000 `tc4 For the senate art committee, including furnishings and other expenses for the Bulfinch and Brigham extension areas of the state house occupied by the senate, prior appropriation continued. `tc2 House of Representatives. `tc1 0129-0000 `tc4 For the expenses of televising sessions of the house of representatives `tc6 $221,025 `tc2 Other Expenses. `tc1 0161-0000 `tc4 For printing, binding, and paper ordered by the senate and house of representatives, or by concurrent order of the two branches, for printing the manual of the general court, with the approval of the clerks of the respective branches, and for biographical sketches of certain state and federal officials and other expenses, prior appropriation continued `tc6 $300,000 `tc1 0185-7827 `tc4 For the expenses of the special commission to investigate and study the needs of the Hispanic population in the commonwealth, established by section twenty of chapter two hundred and ninety-seven of the acts of nineteen hundred and eighty-three, prior appropriation continued `tc6 $75,000 `tc3 JUDICIARY. `tc2 Trial Court. `tc1 0330-0300 `tc4 For the salaries and expenses of the administrative staff, including not more than seventy-three permanent positions `tc6 $196,000 `tc1 0330-2101 `tc4 For counsel to juvenile indigents `tc6 $1,272,226 `tc1 0330-3100 `tc4 For the payments of indigent court costs, including costs incurred in prior fiscal years, prior appropriation continued `tc6 $100,000 `tc2 Superior Court. `tc1 0331-0300 `tc4 For payments to be made by the chief justice of the superior court to medical malpractice tribunals established in accordance with the provisions of section sixty B of chapter two hundred and thirty-one of the General Laws, including payments of the prior year `tc6 $25,000 `tc2 For Salaries and Expenses. `tc1 0331-2700 `tc4 Hampden superior court, including not more than thirty-five permanent positions `tc6 $19,500 `tc2 Administration of District Courts. `tc2 For Salaries and Expenses. `tc1 0332-4200 `tc4 District court of Marlborough, for salaries and expenses, provided that the comptroller is authorized to write off a certain lost payment in the amount of two hundred dollars, including not more than twenty-three permanent positions. `tc1 0332-5800 `tc4 Second district court of Plymouth (Hingham), including not more than forty-two permanent positions `tc6 $14,122 `tc1 0332-7800 `tc4 Third district court of southern Worcester (Milford), including not more than eighteen permanent positions `tc6 $17,938 `tc1 0332-8200 `tc4 Northern Essex juvenile probation district, including not more than twelve permanent positions `tc6 $7,978 `tc1 0332-8500 `tc4 Northern Worcester juvenile probation district, including not more than eleven permanent positions `tc6 $5,724 `tc3 DISTRICT ATTORNEYS. `tc2=11,53,tfh1;temp For the salaries of district attorneys and assistants for the eleven districts: `tc1 0340-0200 `tc4 Northern, including not more than eighty-three permanent positions and seventy-three temporary positions `tc6 $322,450 `tc3 Secretary of the Commonwealth. `tc1 0521-0998 `tc4 For the payment of a certain court order entered in Hampshire probate and family court, docket number 45690 `tc6 $10,000 `tc1 0521-0999 `tc4 For the payment of a certain court order entered in Suffolk superior court, civil action number 68172 `tc6 $6,825 `tc3 Treasurer and Receiver-General. `tc1 0611-5800 `tc4 For distribution within each city and town within which racing meetings are conducted, provided that each city or town's distribution shall be proportionate to its share of the amount certified by the state racing commission, pursuant to section eighteen D of chapter fifty-eight of the General Laws, at the end of the calendar year nineteen hundred and eighty-five; and provided further no city or town shall receive more than the amount so certified for that city or town `tc6 $94,942 `tc5 Local Aid Fund 100.0% `tc2 State Board of Retirement. `tc1 0612-1000 `tc4 For the payment of the commonwealth's share in financing the state employees' retirement system, prior appropriation continued; provided, that the amounts of all reimbursements received on account of retirement allowances paid and all contributions received from the federal government and authorities and agencies of the commonwealth and political subdivisions thereof on account of the retirement of employees are to be in addition to this item and to be available for expenditure without further appropriation `tc6 $5,727,826 `tc5 Highway Fund 15.0% General Fund 84.8% Inland Fisheries and Game Fund 0.2% `tc2 Debt Service. `tc1 0699-3800 `tc4 For the payment of interest on certain bonded debt of the commonwealth previously charged to the Metropolitan Water District Fund `tc6 $131,147 `tc1 0699-3900 `tc4 For certain serial bonds maturing, previously charged to the Metropolitan Water District Fund `tc6 $34,771 `tc1 0699-6800 `tc4 For the payment on interest of certain bonded debt of the commonwealth; provided, that any deficit existing in this item at the close of the fiscal year shall be charged to Highway Fund debt services reserve, prior appropriation continued `tc6 $6,097,544 `tc5 Highway Fund 100.0% `tc1 0699-7900 `tc4 For certain serial bonds maturing; provided, that any deficit existing in this item at the close of this fiscal year shall be charged to the General Fund debt service reserve `tc6 $176,820 `tc3 Executive Office For Administration and Finance. `tc2 Central Services Division. `tc1 1102-3293 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 17244 `tc6 $276,297 `tc1 1102-3295 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 30695 `tc6 $82,596 `tc1 1102-3296 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, docket number 83-3937 `tc6 $20,000 `tc1 1102-3399 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 69948 `tc6 $42,000 `tc2 Department of Personnel Administration. `tc1 1107-1000 `tc4 For the administration of the department; provided, that notwithstanding any special or general law or rule or regulation to the contrary, the department of personnel administration is hereby authorized and directed to establish a fee of not less than ten dollars for each civil service examination given on or after September thirtieth, nineteen hundred and eighty-four; provided, that not less than one hundred and eighty thousand dollars be expended for the purposes of the Massachusetts Employee Assistance Program, and that no funds are obligated for the purposes of executive search programs except any executive search program which may be conducted pursuant to Executive Order No. 227 adopted on February 25, 1983, as amended, and provided further, that the department of personnel administration administer a program of state employee unemployment management, including but not limited to, agency training and assistance; and provided further that not less than sixty-nine thousand dollars be used to enhance the quality of the guide charts utilized in the job evaluation process; including not more than one hundred and ninety-six permanent positions and thirty-seven temporary positions `tc6 $75,000 `tc2 Group Insurance Commission. `tc1 1120-2000 `tc4 For the commonwealth's share of the group insurance premium; provided, that the group insurance commission shall charge the division of employment security and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of the cost of the program as it 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 payments of all such charges or such transfers shall be credited to the General Fund; provided, that notwithstanding the provisions of section twenty-six of chapter twenty-nine of the General Laws, the commission is hereby authorized to negotiate, purchase and execute contracts by April first of each year for a policy or policies of group insurance as authorized by chapter thirty-two A of the General Laws; and provided further, that the present level of health insurance coverage shall be maintained but shall not constitute payments in full charges for health care services; and provided further, that effective July first, nineteen hundred and eighty-five said commonwealth's share of the group insurance as provided, in section eight of said chapter thirty-two A shall be ninety per cent of the monthly premiums or rates as established by the commission effective July first, nineteen hundred and eighty-five; and provided, further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother; and provided further, that the commission shall notify the house and senate committees on ways and means, by April fifteenth of each year, of the commonwealth's share of group insurance premiums for the next fiscal year `tc6 $1,578,737 `tc2 Division of Public Employee Retirement Administration. `tc1 1140-0200 `tc4 For the purpose of workers' compensation paid to public employees, including previous fiscal years `tc6 $4,579,000 `tc5 Highway Fund 35.0% `tc5 General Fund 65.0% `tc2 Miscellaneous. `tc1 1599-2038 `tc4 For the payment of deficiencies in certain appropriations for previous fiscal years, based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to allocate the amounts of such payments to the several state or other funds to which said payments would have been chargeable if appropriations had been available thereof; provided further however, that where the item to which the deficiency is charged did not contain a balance sufficient to meet the required payment, at the end of the fiscal year during which the expenditure was incurred, no payment shall be made without the prior approval of the house and senate committees on ways and means; provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $1,500,000 `tc1 1599-3315 `tc4 For the transportation of prisoners to and from the several departments of the trial court by the sheriffs of the various counties, including the cost of personal services and the purchase of vehicles and other equipment for said purposes; provided that, the commissioner of administration is hereby authorized to advance to the county treasurer of each county the sums set forth below for each respective county: Barnstable, one hundred ninety-seven thousand seven hundred and eighty-six dollars; Berkshire, one hundred thirty-eight thousand seven hundred and forty-two dollars; Bristol, two hundred thirty-nine thousand seven hundred and thirty-two dollars; Dukes, sixty-four thousand seven hundred and seventy-six dollars; Essex, three hundred sixteen thousand seven hundred and twelve dollars; Franklin, one hundred and twenty-four thousand and thirty-eight dollars; Hampden, three hundred forty-three thousand and seventy-one dollars; Hampshire, one hundred fifty-five thousand and thirty-seven dollars; Middlesex, five hundred fifty-four thousand five hundred and fifty dollars; Norfolk, three hundred and four thousand three hundred and seventy-nine dollars; Plymouth, three hundred and twenty-two thousand three hundred and fifty-two dollars; Suffolk, two hundred seventy-six thousand two hundred and forty dollars; Worcester, three hundred fifteen thousand nine hundred and seventy dollars; provided that the commissioner of administration, upon agreement of the respective sheriffs, may adjust such amounts in such fashion as is necessary to meet the actual cost of said transportation; and, provided, further, that each such treasurer shall deposit said amounts into a fund to be expended solely for the purpose of this item; and, provided that any interest earned by said fund shall be deposited to said fund and made available for expenditure for the purpose of this item in addition to the amounts appropriated herein and that any unexpended balance of such fund including interest as of June thirtieth, nineteen hundred and eighty-six shall be returned to the commonwealth `tc6 $15,161 `tc5 Local Aid Fund 100.0% `tc1 1599-3396 `tc4 For a reserve for the purchase of privately held land in the town of Gay Head, in settlement of Indian land claims in said towns, provided that funds shall become available upon enactment of legislation by the United States providing for the extinguishment of aboriginal and all other Indian Tribal land claims in said town `tc6 $1,500,000 `tc1 1599-3415 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-six costs of salary adjustments and other employee economic benefits authorized by existing ratified collective bargaining agreements; and to meet the costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments or benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreements; provided, that the personnel administrator, with the approval of the commissioner of administration, shall determine such salary adjustments and other economic benefits for "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided, that the commissioner of administration is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and eighty-six such amounts as are necessary to meet the cost of said adjustments and benefits for the fiscal year nineteen hundred and eighty-six where the amounts otherwise available are insufficient for the purpose; and provided, that the commissioner of administration is further authorized to allocate the cost of such adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided however, that no transfer, allocation or payment shall be made from this item without prior approval of the house and senate committees on ways and means after said committees have received copies of said supplemental agreements, together with an analysis of all cost items contained in said agreements and all changes to be made in the schedules of permanent and temporary positions required by said agreements; provided further, that payments to health and welfare trust funds for health and welfare benefits may be made without said prior approval upon receipt of said copies of supplemental agreements, analyses and changes to be made as hereinbefore described; and provided further, that said payments to health and welfare trust funds shall be paid to said trust funds on a monthly basis, or on such other basis as the applicable collective bargaining agreement provides. `tc1 1599-3418 `tc4 For a reserve for educational reform, so-called; provided that the commissioner of administration is authorized to expend directly from this reserve or to transfer from this item to other items of appropriation such amounts as are necessary to meet the costs of said reform; provided further, that no such expenditures or transfers shall be made without the prior approval of the house and senate committees on ways and means; and provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $6,989,407 `tc5 Local Aid Fund 100.0% `tc1 1599-3435 `tc4 For a reserve to meet the cost of salary adjustments and other employee economic benefits authorized by the collective bargaining agreement between the division of employee relations, on behalf of the commonwealth, and the Alliance, AFSCME/SEIU, AFL-CIO, Local 509, covering certain employees in bargaining Units 8 and 10 in the department of education; provided, that the commissioner of administration is hereby authorized to transfer from the sum appropriated to other items of appropriation for the fiscal year nineteen hundred and eighty-six such amounts as are necessary to meet the cost of said adjustments and benefits for the fiscal year nineteen hundred and eighty-four and prior years where the amounts otherwise available are insufficient for the purpose; provided further, that the commissioner of administration is authorized to allocate the cost of such salary adjustments and benefits to the several state and other funds to which such items of appropriation are charged; provided further, that a copy of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that the comptroller shall notify the house and senate committees on ways and means of any transfers made from this item and of any charges made directly against this item `tc6 $37,944 `tc1 1599-3472 `tc4 For a reserve to meet the costs of improvements to lockup facilities of cities and towns of the commonwealth, metropolitan district commission lockup facilities, and state police facilities as prescribed by section thirty-six B of chapter forty of the General Laws; provided, that the commissioner of administration is hereby authorized to distribute the sum appropriated herein to procure the materials and to remunerate the services of vendors authorized by the commonwealth to provide said improvements, and to reimburse the documented, reasonable expenses of said cities and towns, state police, or metropolitan district commission incurred in making said improvements pursuant to contracts entered into prior to July first, nineteen hundred and eighty-five; provided, that no said distribution shall be made until after inspection and certification by the department of public health of the improvements for which said distribution is made; prior appropriation continued. `tc6 `tc5 General Fund 1.5% Highway Fund 5.0% Local Aid Fund 93.5% `tc1 1599-3500 `tc4 For a reserve to fund the assumption by the commonwealth of certain costs of county jails and houses of correction; provided that no funds shall be expended from this reserve without the prior approval of the house and senate committees on ways and means. `tc6 `tc5 Local Aid Fund 100.0% `tc1 1599-3507 `tc4 For the reimbursement by the state treasurer to certain insurers, as filed with the house and senate committees on ways and means, pursuant to the provisions of section seven of chapter one hundred and fifty-two of the General Laws as amended `tc6 $63,807 `tc1 1599-3599 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, docket number 71952 `tc6 $5,000 `tc3 Executive Office Of Environmental Affairs. `tc1 2000-0151 `tc4 For a grant to the town of Maynard for improvement along the Assabet river appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $55,000 `tc3 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. `tc1 2100-0100 `tc4 For the administration of the department, for the operation of the division of forests and parks, including a program of public transportation assistance to the recreation areas and facilities of the Boston Harbor Islands, for the division of water resources, including the expenses of certain flood control commissions, for the expenses of the Ipswich river watershed commission, for the administration of the hazardous waste source reduction and facility siting program; provided that a sum not exceeding one hundred and ten thousand dollars be expended for a program in source reduction; for the dam safety program, for the maintenance of property in the town of Plymouth, for the operation and maintenance of state piers in New Bedford and Gloucester, for the expenses of the North river commission in an amount not to exceed fifteen thousand dollars, and for the expenses of the scenic rivers program; provided, further, that a sum not exceeding sixty-five thousand dollars be expended for the reconstruction of the scenic path at the Ames Nowell park in the town of Abington; provided, further, that the position of deputy commissioner of environmental management shall not be subject to the provisions of chapter thirty-one of the General Laws; provided, further, that the department of environmental management, with the approval of the secretary of environmental affairs, shall submit to the secretary of administration and finance and the house and senate committees on ways and means on or before August fifteenth, nineteen hundred and eighty-five, a plan for the distribution of the funds appropriated herein among the major programs as set forth above, such plan to include a narrative statement for each program contrasting the funding for that program in the plan for the fiscal year nineteen hundred and eighty-six and the amounts funded in fiscal year nineteen hundred and eighty-five and explaining the rationale for any major variations, the number of personnel to be assigned to each program and a subsidiary account analysis for each program for each quarter of the year; provided, further, that the department shall report quarterly to the secretary of administration and finance and the house and senate committees on ways and means on the status of each program including detailed descriptions of expenditures and explanation of any variances from the finance plan submitted on or before August fifteenth, nineteen hundred and eighty-five; including not more than ninety-five permanent positions and not more than thirty-one temporary positions. `tc1 2100-0108 `tc4 For the operation and maintenance of the Gloucester State Pier, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $82,000 `tc1 2100-0997 `tc4 For the payment of a certain tort claims settlement, pursuant to section five of chapter two hundred and fifty-eight of the General Laws `tc6 $5,500 `tc1 2100-0998 `tc4 For the payment of a certain court judgment entered in Worcester district court, civil action number 225764 `tc6 $3,016 `tc1 2100-0999 `tc4 For the payment of a certain court judgment entered in Hampshire superior court, civil action number 82-059 `tc6 $14,238 `tc1 2150-0512 `tc4 For the cleaning and dredging of Walker pond in the town of Sturbridge, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $348,000 `tc1 2150-0513 `tc4 For the design, evaluation, study and repair of the dam within the Ames Nowell state park in the town of Abington, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $500,000 `tc1 2150-0534 `tc4 For a program for the removal of instream obstructions and debris and instream aeration of the Matfield river in the towns of West Bridgewater and East Bridgewater, prior appropriation continued `tc6 $100,000 `tc1 2150-0571 `tc4 For a program relative to certain dams in accordance with the provision in section one of chapter seven hundred and sixty-seven of the acts of nineteen hundred and eighty-five, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $75,000 `tc1 2150-0572 `tc4 For dredging and improvements to the East river in the town of Wareham, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $376,000 `tc1 2150-0573 `tc4 For the construction, reconstruction, and renovation of the Myles Standish Monument state park in the town of Duxbury `tc6 $325,000 `tc1 2150-0580 `tc4 For the purpose of developing an open space park on the eastern shore of Louisa lake, which shall include the construction of adequate parking facilities, landscaping, and the placing of barriers to prevent unauthorized motor vehicle traffic on said park land, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tc1 2150-8846 `tc4 For a study, and the preparation of plans, if necessary, and for improvements to the East Boat Basin in the town of Sandwich, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $153,148 `tc3 DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING. `tc1 2200-0205 `tc4 For a study of the future adequacy of the physical plant of the Lawrence Experiment station, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tc1 2200-0307 `tc4 For a grant to the town of North Andover in response to a water pollution emergency in said town; provided, however, that no funds may be expended from this item until said town has made application for and a determination has been made by the department of environmental quality engineering that no other funds are available for this purpose from any other program administered by said department; appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $2,500,000 `tc5 Local Aid Fund 100.0% `tc1 2240-0500 `tc4 For reimbursements to cities, towns, and districts for certain chemical costs in accordance with the provisions of section thirty-seven of chapter twenty-one of the General Laws; prior appropriation continued `tc6 $2,750,000 `tc5 Local Aid Fund 100.0% `tc1 2250-0900 `tc4 For the control of algae, weed, and other aquatic nuisances in lakes, ponds, streams and other waters within the commonwealth, to be in addition to any private or public funds available for the purposes; provided, further, that an amount not exceeding eighteen thousand dollars shall be used for weed control and cleanup of Hoosac lake in the town of Cheshire; provided, that an amount of five thousand dollars shall be used for weed control of algae, weeds and other aquatic nuisances at Chandler's pond in the Brighton section in the city of Boston; provided, that the department shall complete a study and prepare plans and cost estimates of said project, upon completion, shall submit copies of said studies, plans and cost estimates to the house and senate committees on ways and means; appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $18,000 `tc1 2250-0909 `tc4 For a study and engineering survey to correct and restore the proper flow of stagnated water at Leesville pond around the New Swedish cemetery situated in Worcester and Auburn up to the dam at Webster street, Worcester, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $30,000 `tc1 2330-0000 `tc4 For the purpose of reimbursing owners of shellfish destroyed at the Newburyport Depuration Plant on April seventh, nineteen hundred and eighty-six `tc6 $3,045 `tc3 Department of Fisheries, Wildlife and environmental law enforcement. `tc2 Division of Law Enforcement. `tc1 2350-0100 `tc4 For the administration of the division of law enforcement; provided, however, that each county in the commonwealth shall be assigned at least one full-time natural resources officer, including not more than one hundred and fifty-two permanent positions `tc6 $272,170 `tc5 Inland Fisheries and Game Fund 15.0% General Fund 85.0% `tc3 DEPARTMENT OF THE METROPOLITAN DISTRICT COMMISSION. `tc1 2410-9061 `tc4 For the Massachusetts summer youth program, to be allocated, with the approval of the commissioner of the department of the metropolitan district commission and the commissioner of the department of public works, to those agencies selected as participants in the program; provided, that the metropolitan district commission and the department of environmental management shall use funds from this item for conservation activities; provided, further, that not less than forty per cent shall be allocated to participants in the city of Boston, twenty-five per cent shall be allocated to participants within those cities and towns which comprise the metropolitan parks, sewerage and water districts and watershed management division projects, and thirty-five per cent shall be allocated to participants in cities and towns other than those which comprise said districts; provided, that the provisions of section twenty-nine A of chapter twenty-nine of the General Laws shall not apply to expenditures made from this item; and provided, further, that allocations made in accordance with this item may be expended by the selected participants without further appropriation, prior appropriation continued `tc6 $1,000,000 `tc1 2430-0998 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, docket number 83-6291 `tc6 $2,100 `tc1 2430-0999 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, civil action number 84-5 `tc6 $16,180 `tc2 Metropolitan Parks District. `tc1 2440-0010 `tc4 For the administration of the metropolitan district commission parks and recreation division, including, the Southwest Corridor Park System, division of central services and division of highways; for maintenance of parks, reservations and the Charles River Basin, for the maintenance of boulevards, parkways, locks, bridges and dams, for the maintenance of vehicles and metropolitan district commission parks' district garages and the purchase of supplies and equipment; and for a study for the general restoration, rehabilitation, flood control, water quality improvement and landscaping at Beaverbrook Reservation in the city of Waltham and the town of Belmont; and for a natural resources protection and management program at Breakheart Reservation; and for a reservations and interpretive services program at the Harbor Islands, Blue Hills, and Middlesex Fells; including not more than five hundred and forty-five permanent positions and not more than sixteen temporary positions; provided, further, that the commission shall not permit access or curb cuts to Chestnut Hill reservoir driveway under its control to any proposed development which includes a structure of more than ten stories in height or two hundred feet in height and unless an environmental impact study is filed with the commission and it is determined that such structure does not adversely effect the use or enjoyment of such premises by the public; provided, further, that the division is hereby authorized to enter into contracts extending for a maximum term of five years, subject to appropriation, for the management and operation of the Franklin Park and Walter D. Stone Zoological Parks, provided, however, that a separate contract shall be entered into for each park only after the department has selected a contractor or contractors pursuant to a competitive procedure including issuance of a request for proposals and solicitation of responses thereto; provided, further, that such contract shall be reviewed at least once every six months by the division to determine compliance therewith, and in the event the division determines that significant portions of the contract are not being complied with and the welfare and well-being of the parks are endangered by said lack of compliance with the express terms of said contract, said division may cancel such contract at any time with no less than ninety days notice to said contractor; provided, however, that said contracts shall contain an article prohibiting discriminatory employment practices by said contractor because of race, creed, color, national origin, ancestry, military status, sex, age or condition of handicap, and requiring said contractor take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to such factors, consistent with the mandates of Executive Order No. 227 (the Governor's Code of Fair Practices), Executive Order No. 237 (Minority Business Development) and any relevant laws or regulations providing for equal employment or affirmative action; provided, further, that the division may directly or through said contracts require the charging and collection of admission fares at said zoological parks; provided, however, that said zoos shall be open for a reasonable period of time each day without such admission charge; provided, however, that persons of sixty-five years of age and over and uniformed members of the armed forces of the United States shall pay half price for such admission charge at all times when said charge applies and that school children in groups from Metropolitan District Commission Parks District communities shall be admitted without such admission charge on a scheduled basis; provided, further, that prior to issuance of the request for proposals the department shall submit for review and comment said request to the Special Senate Committee on Zoos; provided, further, that any contractor shall regularly submit to the division, to the special senate committee on zoos, and to the house and senate committees on ways and means a management plan for the operation of said zoos accompanied by an operating budget, said plan shall encompass a five year period and shall be kept current each year, and copies of a current annual phase of said plan shall likewise be submitted to said committees as aforesaid; provided, further, that the department shall submit to said committees for review and comment all responses to said request for proposals received by the department; provided, further, that during the term of any management contract herein authorized, the contractor shall meet at least semi-annually with said committee for the purpose of reporting on the operation of said zoos; provided, further, that the department shall report annually on March thirty-first to the house and senate committees on ways and means, the amounts of revenue generated from the collection of admission fees as authorized herein, the expenditures of the same, and the details of operations and maintenance of the zoological parks pursuant to said management contract; provided, further, that revenues collected from admission fees charged at each zoological park up to but not exceeding one hundred and fifty thousand dollars may be expended by the department, without further appropriation, for the management and operation of said zoological park; provided, further, that said management contract may authorize any revenues collected by said contractor from such admission fees in excess of one hundred and fifty thousand dollars but not exceeding two hundred thousand dollars to be obtained, without further appropriation, by said contractor; and provided, further, that any revenues collected from such admission fees in excess of two hundred thousand dollars shall be transferred to a Capital Improvements Fund for each zoo which shall be established in the treasury of the commonwealth and provided further, the certain prior year expenses in an amount not exceeding two hundred and thirteen thousand three hundred dollars shall be allowed and paid from this item. `tc6 `tc5 General Fund 33.0% `tc5 Highway Fund 67.0% `tc1 2440-0015 `tc4 For the administration of the metropolitan district commission police division; provided, that notwithstanding any provisions of chapter thirty-one of the General Laws, certain members may be temporarily allocated to special secondary ratings in accordance with the schedule approved by the joint committee on ways and means, a copy of which is on file with the personnel administrator; provided further, that certain prior year expenses in an amount not exceeding eighty-two thousand two hundred and fifty-five dollars shall be allowed and paid from this item; and provided further, that pursuant to the provisions of chapter seven of the resolves of nineteen hundred and eighty-five certain fiscal year nineteen hundred and eighty-four expenses in an amount not exceeding four thousand four hundred and eleven dollars and eighty cents shall be allowed and paid from this item, including not more than five hundred and seventy-nine permanent positions and including not more than seventy-nine temporary positions `tc6 $100,000 `tc5 General Fund 33.0% `tc5 Highway Fund 67.0% `tc1 2440-0040 `tc4 For the repairs and renovations of the Simoni Ice Skating Rink in the city of Cambridge, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `tc1 2440-0900 `tc4 For a program of tree replacement; provided, however, that not less than fifty per cent of the trees provided under this program should be made available to cities and towns for use by them in city and town parks and streets `tc6 $100,000 `tc1 2440-0992 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 76346 `tc6 $1,500 `tc1 2440-0993 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, docket number 82-4372 `tc6 $1,500 `tc1 2440-0994 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, docket number 78-3176 `tc6 $3,000 `tc1 2440-0995 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 49294 `tc6 $7,000 `tc1 2440-0996 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, civil action number 85-6156 `tc6 $10,000 `tc1 2440-0997 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, civil action number 84-7442 `tc6 $1,480 `tc1 2440-0998 `tc4 For the payment of a certain court judgment, entered in United States district court, district of Massachusetts, civil action number 83-4041-T `tc6 $6,000 `tc1 2440-0999 `tc4 For the payment in accordance with the terms of a certain Equal Employment Opportunity Commission conciliation agreement referring to charge numbers 011850325 and 011852709 `tc6 $14,000 `tc1 2444-9004 `tc4 For certain payments for the maintenance and use of the Trailside Museum and the Chickatawbut Hill Center `tc6 $150,000 `tc2 Construction Division. `tc1 2460-1000 `tc4 For the maintenance of the construction division, including the personal services and expenses relating to employees previously paid from metropolitan water district bond funds; provided, that, notwithstanding any provisions of any general or special law to the contrary, all officers and positions shall be subject to classification under section forty-five to fifty, inclusive, of chapter thirty of the General Laws, including not more than one hundred and thirty-one temporary positions `tc6 $341,580 `tc5 General Fund 33.0% Highway Fund 67.0% `tc3 DEPARTMENT OF FOOD AND AGRICULTURE. `tc1 2518-3000 `tc4 For the payment of certain prizes to promote the breeding of thoroughbred horses in the commonwealth, in accordance with the provisions of section two of chapter one hundred and twenty-eight of the General Laws; provided, however, that the balance of any funds accruing to the Massachusetts thoroughbred breeding program under the provisions of section fourteen of chapter four hundred and ninety-four of the acts of nineteen hundred and seventy-eight and not appropriated hereunder or appropriated under item 2518-4000, shall be deposited by the treasurer in a separate account designated Massachusetts thoroughbred breeding program and shall not revert to the General Fund, prior appropriation continued `tc6 $340,000 `tc1 2518-4000 `tc4 For the expenses of an equine research, loans and scholarship program in cooperation with the Tufts University School of Veterinary Medicine, and in accordance with the provisions of section two of chapter one hundred and twenty-eight of the General Laws; provided, however, that the balance of any funds accruing to the Massachusetts thoroughbred breeding program under the provisions of section fourteen of chapter four hundred and ninety-four of the acts of nineteen hundred and seventy-eight and not appropriated hereinafter or appropriated under item 2518-3000, shall be deposited by the treasurer in a separate account designated Massachusetts thoroughbred breeding program and shall not revert to the General Fund, prior appropriation continued `tc6 $84,375 `tc1 2518-5000 `tc4 For the payment of certain prizes, to promote the breeding of standardbred horses in the commonwealth, in accordance with the provisions of section two of chapter one hundred and twenty-eight of the General Laws; provided, however, that the balance of any funds accruing to or allocated to the Massachusetts standardbred agricultural fair and breeding fund committee established under section ten of chapter one hundred and twenty-eight of the General Laws, as most recently amended by section fourteen of chapter four hundred and ninety-four of the acts of nineteen hundred and seventy-eight, shall be deposited by the treasurer in a separate account designated the Massachusetts standardbred agricultural fair and breeding fund and shall not revert to the General Fund, prior appropriation continued `tc6 $250,000 `tc1 2520-1100 `tc4 Berkshire County `tc6 $11,000 `tc5 Mosquito and Greenhead Fly Control Fund 100.0% `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Division of Community Development. `tc1 3722-9024 `tc4 For payments to housing authorities for deficiencies caused by certain reduced rentals in housing for the elderly, the handicapped, veterans and relocated persons pursuant to sections thirty-two and forty of chapter one hundred and twenty-one B of the General Laws; provided, that of the funds appropriated herein, the sums set forth below shall be deposited in individual allocation accounts for the purpose of each respective housing subsidy program: twenty million one thousand nine hundred dollars for veterans and relocated persons, nine million seven hundred thousand dollars for the elderly, and one hundred fifty thousand dollars for the handicapped; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve and capital reserve included in the budget of the housing authorities; and provided further, that the secretary of the executive office of communities and development shall submit quarterly reports to the house and senate committees on ways and means detailing expenditures by each housing authority in said quarter of funds appropriated herein according to housing subsidy program. And, for a program of rental assistance for families and elderly of low-income; provided, that notwithstanding any provision of law to the contrary, first preference for admission shall be granted to the eligible elderly; provided further, that of the funds appropriated herein, thirty-one million seven hundred forty-one thousand three hundred and forty-six dollars shall be deposited in an individual allocation account for the purpose of the rental assistance program; and provided further, that not more than ten per cent of the amount expended for said rental assistance program may be used for administration of said program; and provided further, that the secretary of the executive office of communities and development shall submit quarterly reports to the house and senate committees on ways and means detailing expenditures, the number of certificates awarded and the number of new and existing units leased. Provided, that the house and senate committees on ways and means shall be notified within one week of any transfer of funds between allocation accounts as set forth in this item, and provided that not more than five hundred sixty-six thousand dollars of the amount appropriated herein may be expended to pay certain liability claims pending against certain local housing authorities; and provided further, that the executive office of communities and development may expend the funds appropriated herein for any deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year, including not more than five temporary positions, prior appropriation continued. `tc3 Executive Office of Human Services. `tc2 Massachusetts Commission for the Blind. `tc1 4110-1020 `tc4 For support of a medical assistance program for the blind, including such expenses incurred in previous fiscal years; provided that the commission for the blind shall reimburse the department of public welfare for any medical assistance claims paid by said department on the commission's behalf and administrative expenses incurred in order to process such claims as may be determined to be appropriate under an interagency agreement between said commission and the department of public welfare subject to the approval of the secretary of the executive office of human services; and provided, further, that said commission may continue previously existing arrangements for the payment of such claims until such interagency agreement has become fully operative and including not more than three permanent positions and one temporary position `tc6 $5,745,312 `tc2 Massachusetts Rehabilitation Commission. `tc1 4120-0051 `tc4 For a program of personal care assistance, including not more than two permanent positions `tc6 $141,561 `tc1 4120-0097 `tc4 For a reserve to meet certain first year costs of establishing the commission for the deaf and hard of hearing; provided, that the funds appropriated herein shall be used solely for the purchase of equipment and for the rental of space and equipment, if necessary; provided further, that any expenditures pursuant to this item shall require the written approval of the secretary of human services and the house and senate committees on ways and means, such appropriation to expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `tc2 Office for Children. `tc1 4130-0005 `tc4 For field operations, provided that an on site inspection of every day care facility and after school day care program shall be conducted prior to January first, nineteen hundred and eighty-seven; and provided further, that the office shall submit to the house and senate committees on ways and means by October thirtieth, nineteen hundred and eighty-five a plan for the completion of said inspections; provided further, that the office shall submit to the house and senate committees by May first, nineteen hundred and eighty-six a study of the regulations, procedures and standards for licensing all day care and substitute care facilities and any recommendations for change; provided further, that not less than two million five hundred and sixty thousand eight hundred and eleven dollars shall be obligated for a program of licensing; provided further, that not less than one hundred and ninety thousand dollars shall be obligated for the Individual Kid Money program, including not more than seventy-two permanent positions and one hundred and ninety-eight temporary positions `tc6 $36,000 `tc2 Soldiers' Home in Holyoke. `tc1 4190-0100 `tc4 For the maintenance of the home, including not more than three hundred and sixty-three permanent positions and seven temporary positions `tc6 $186,000 `tc3 DEPARTMENT OF CORRECTION. `tc1 4311-0004 `tc4 For a health services program, including not more than fifty-seven permanent positions and ninety-five temporary positions `tc6 $1,400,000 `tc1 4349-0001 `tc4 For the administration and operation of the commonwealth's correctional facilities; provided that the commissioner is hereby authorized to enter into an agreement with the sheriff of Hampden County for the operation of a correctional alcohol treatment facility in Hampden County; provided further, that the commissioner is hereby authorized to make quarterly advances to the treasurer of Hampden County pursuant to said agreement; provided further, that said treasurer shall deposit said advances into a fund to be expended solely for the purpose of said agreement; provided further, that any interest earned by said fund shall be deposited to said fund and that any unexpended balance including interest remaining in said fund as of June thirtieth, nineteen hundred and eighty-six shall be returned to the commonwealth; and, provided further, that all persons employed by said sheriff pursuant to said agreement shall be considered county employees; and provided further funds advanced to the county treasurer pursuant to this agreement may be spent for any services or items of supply or equipment which the sheriff requires to carry out the purpose of operating a correctional alcohol treatment facility, such expenditures may include but are not limited to salaries, travel, uniform allowance, purchase maintenance of equipment and selecting contractual and professional services; provided further, that no permission will be required for the sheriff to transfer funds among codes or subcodes at the county level, and that the department report quarterly to the house and senate committees on ways and means regarding expenditure of such funds; provided, further, that not less than four hundred and sixty thousand dollars be expended for third offender alcohol rehabilitation at the Longwood Treatment Center, including not more than one thousand six hundred and ninety-five permanent positions and one thousand five hundred and thirty-four temporary positions, said additional forty-five permanent positions to be filled at MCI-Norfolk `tc6 $1,788,669 `tc3 Department of Public Welfare. `tc1 4400-0998 `tc4 For the payment of a certain court judgment entered in United States district court, district of Massachusetts, civil action number 79-643-G `tc6 $117,461 `tc1 4402-5000 `tc4 For a medical assistance program, including a program of special education medical services provided to medicaid children; provided, that the medical assistance standard for one-person families shall not be less than the payment standard, including state supplement, for a disabled individual living alone who is eligible for Supplemental Security Income payments under the provisions of Title XVI of the Social Security Act; provided further, that no expenditure or commitment made pursuant to this item or to any agreements authorized by chapter eight hundred of the acts of nineteen hundred and sixty-nine, as amended, for the purpose of complying with the provisions of Public Law 89-97, Title XIX, shall be incurred in excess of available funds which have been appropriated therefor; provided further, that all judgments, appeals, rate changes and settlements authorized by chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-two, as amended, for services provided in prior fiscal years, but finally determined during the current fiscal year may be paid from this item, subject to the approval of the house and senate committees on ways and means; provided further, that an amount not to exceed one hundred and ninety million four hundred and twenty-two thousand dollars may be expended from this item for expenses incurred in a prior fiscal year; provided further, that collections of prior year expenditures from liens, estate recoveries, retroactive rate adjustments, and third party recoveries, not to exceed thirteen million two hundred thousand dollars, shall be credited to this item and may be expended without further appropriation for the purposes of this program; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother `tc6 $96,000,000 `tc1 4402-5012 `tc4 For the costs of correcting an error in the medicaid hospital payment formula for hospital rate years nineteen hundred and eighty-four and nineteen hundred and eighty-five, as stipulated in chapter three hundred and forty-seven of the acts of nineteen hundred and eighty-five, provided that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $32,000,000 `tc1 4402-5013 `tc4 For the costs of discharging obligations in the medicaid program to Boston City Hospital for services rendered in hospital rate year nineteen hundred and eighty-three in accordance with the level allowed by chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-two, provided that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $10,000,000 `tc1 4403-2000 `tc4 For a program of aid to families with dependent children; provided, that the payment standard shall be increased nine per cent as of July first, nineteen hundred and eighty-five, and rounded to the next whole dollar; provided, further, that a nonrecurring clothing allowance in the amount of one hundred twenty-five dollars be provided to each child eligible under this program on September first, nineteen hundred and eighty-five; provided further, that such allowance is federally reimbursable; provided further, that such clothing allowance shall not be counted as income for determination of eligibility or amount of benefits under the food stamp program; provided further, that such clothing allowance shall be included in the standard of need for the month of September, nineteen hundred and eighty-five; provided further, that a program of assistance, including medical assistance be provided to families otherwise eligible for aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse; provided further, that child support payments collected pursuant to Title IV-D of the Social Security Act, not to exceed an amount of sixty million dollars, shall be credited to this account and may be expended without further appropriation for the purposes of this program; provided further, that certain families which will suffer a reduction in benefits due to their loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for this loss `tc6 $32,000,000 `tc1 4405-2000 `tc4 For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants to recipients in rest homes as provided in section seven A of chapter one hundred and eighteen A may be paid from this item, prior appropriation continued `tc6 $6,400,000 `tc3 Department of Public Health. `tc1 4510-0114 `tc4 For the reimbursement of the uncompensated care provided by community health centers pursuant to the provisions of chapter five hundred and seventy-four of the acts of nineteen hundred and eighty-five, provided, however, that the department shall notify the house and senate committees on ways and means of the amounts of such reimbursement to each individual community health center; provided further, that such notification shall include a description of the distribution formula used to determine such reimbursement `tc6 $2,900,000 `tc1 4510-0607 `tc4 For the initial cost of a urea foam formaldehyde insulation program `tc6 $125,000 `tc1 4510-0790 `tc4 For an office of emergency medical services, provided, however, that not less than three hundred and fifty thousand dollars shall be expended on the expansion of operations by regional emergency medical services councils and the expansion of operations by regional communication centers, including not more than eight temporary positions; and provided further, that notwithstanding the provisions of section twenty-nine A of chapter twenty-nine of the General Laws or of any other special or general law to the contrary, an amount not exceeding eleven thousand two hundred and fifty dollars shall be allowed and paid from this item for certain contracted services rendered in fiscal year nineteen hundred and eighty-six for which certain regulations and procedures adopted under the authority of said section twenty-nine A or any other special or general law were not properly followed. `tc1 4512-0550 `tc4 For the provisions of funds to cities and towns for fluoridation programs; provided that certain fiscal year nineteen hundred and eighty-four obligations may be paid from this item. `tc1 4513-1000 `tc4 For the administration of a family health program, and for the provision of services to ventilator-dependent children under eighteen years of age who reside at home; provided, that not less than ninety-four thousand dollars shall be expended for a diethylstilbestrol program to identify women who took diethylstilbestrol during their pregnancy and their offspring who were exposed prenatally; and to educate the public and medical professionals; and to establish screening clinics concerning the symptoms and prevention of associated malignancy and other changes; provided further, that not less than fifty thousand dollars shall be expended as the annualized cost of an environmental information service for pregnant women; and provided further, that not less than one hundred and ninety thousand dollars shall be expended as the annualized cost of a poison control hotline; provided further, that not less than five hundred and thirty thousand dollars shall be expended for a rape prevention and victim services program; provided further, that not less than fifty thousand dollars be obligated to study the cost of and need for providing medical services to genetically handicapped adults; provided further, that a multidisciplinary team of health and allied health professionals shall certify all nursing home placements for individuals from birth to age twenty-two; and provided further, that in the event the medical review team denies certification, it shall recommend an alternative care program appropriate to each individual's needs, including not more than eighteen permanent positions and sixteen temporary positions; and provided further, that certain prior years' obligations not exceeding one hundred thousand dollars shall be allowed and paid from this item. `tc1 4516-1000 `tc4 For the administration of the center for laboratory and communicable disease control services, including the division of communicable and venereal diseases, the division of tuberculosis control, and the state laboratory institute; provided that notwithstanding any provisions of law to the contrary, an amount not to exceed three hundred thousand dollars accrued through the program at the institute of laboratories of selling biological products and performing various laboratory tests may be expended without further appropriation subject to schedules approved by the commissioner of the department of public health and the house and senate committees on ways and means and the state comptroller; provided further, that not less than two hundred and thirty thousand dollars shall be expended for Varicella-Zoster Immune Globulin, cytomegalovirus, and Whooping Cough vaccine programs; provided further, that not less than eight hundred thousand dollars shall be used for the purpose of providing vaccines, for childhood diseases and not less than four hundred thousand dollars shall be obligated for the purposes of providing influenza vaccines for the elderly and the chronically ill; provided further, that not less than two hundred thousand dollars shall be obligated for a new vaccine to prevent Haemophilus influenza type b disease; provided further, that not less than three hundred and fifty thousand dollars shall be obligated for the expansion of the drug analysis laboratory; provided further, that not less than two hundred thousand dollars shall be obligated for the purpose of providing laboratory services, counseling, and education related to screening and monitoring of research regarding Acquired Immune Deficiency Syndrome and its related complex; and provided further, that not less than two hundred thousand dollars shall be obligated for a toxoplasmosis screening program; including not more than one hundred ninety-five permanent positions and fifty-one temporary positions; and provided further, that certain prior years' obligations not exceeding fifteen thousand dollars incurred in appropriation account 4515-0100 shall be allowed and paid from this item. `tc1 4531-0001 `tc4 Lakeville Hospital Rehabilitation center, provided, however, that not less than two hundred thousand dollars shall be expended for the purchase of equipment, including not more than two hundred and eighty-seven permanent positions and fifty temporary positions `tc6 $200,000 `tc1 4532-0001 `tc4 Lemuel Shattuck hospital, including not more than six hundred and seventy-one permanent positions and thirty-three temporary positions; and provided further that certain prior year obligations not exceeding two hundred and eight thousand dollars shall be allowed and paid from this item. `tc3 Department of Mental Health. `tc1 5011-0025 `tc4 For transportation services for mentally retarded persons attending educational, habilitational or day care services or facilities of the department, said persons being no longer eligible for such services under the provisions of chapter seven hundred and sixty-six of the acts of nineteen hundred and seventy-two, notwithstanding the provisions of any general or special law to the contrary; provided, however, that not more than four hundred and three thousand dollars shall be expended on the administration of said services; provided, that the commissioner of mental health shall submit semi-annually to the house and senate committees on ways and means a report detailing expenditures made and expected to be made pursuant to this item for said six-month period; provided further, that said report shall include a comparison of actual expenditures versus originally projected expenditures and reasons for any disparity and projected costs for the next period, including not more than five temporary positions `tc6 $2,506,604 `tc1 5011-0995 `tc4 For the payment of a certain court judgment, entered in Hampden superior court, docket number 82-1725 `tc6 $6,524 `tc1 5011-0996 `tc4 For the payment of a certain court judgment, entered in United States district court, docket number 81-0268-MA `tc6 $63,140 `tc1 5011-0997 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, number 82-1514 `tc6 $39,200 `tc1 5011-0998 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, number 62924 `tc6 $5,243 `tc1 5011-0999 `tc4 For the payment of a certain court judgment, entered in United States district court, district of Massachusetts, civil action number 76-4423-F `tc6 $138,080 `tc1 5017-0100 `tc4 For the office of the court monitor `tc6 $7,669 `tc1 5021-0000 `tc4 For a program of children's services, for the purpose of providing mental health and mental retardation services to children and adolescents, including those who are inappropriately placed on adult inpatient units at state mental hospitals and mental health centers, provided, that not less than two million seven hundred and twenty thousand dollars shall be obligated for three residential programs to provide appropriate residential treatment for such children and adolescents; provided further, that not less than two hundred and eighty thousand dollars shall be obligated for prevocational rehabilitation programs for adolescents; provided further, that not less than one million two hundred thousand dollars shall be obligated for two statewide residential treatment programs; provided further, that not less than seventy-five thousand dollars shall be obligated for an after-school respite care program in the Wes-Ros-Park area for developmentally disabled children aged twelve to twenty-two; and, provided further, that the department of mental health shall submit quarterly, in writing, by region and by program, status reports, including all expenditures from this item, to the house and senate committees on ways and means `tc6 $549,000 `tc2 Region One. `tc1 5195-0100 `tc4 For the maintenance of the Northampton state hospital; provided however, that no funds from this item may be expended for a contracted secure treatment facility; provided further, that no funds from this item may be expended for persons delivering services or performing administrative functions in community-based programs, including not more than four hundred and forty-two permanent positions and not more than fifteen temporary positions `tc6 $1,447,886 `tc2 Region Four A. `tc1 5483-0100 `tc4 For the maintenance of the Walter E. Fernald state school, including not more than one thousand one hundred permanent positions and not more than one thousand two hundred and ninety-six temporary positions; provided, that notwithstanding the provisions of section twenty-nine A of chapter twenty-nine of the General Laws or of any other special or general law to the contrary, an amount not exceeding one hundred and fifteen thousand dollars shall be allowed and paid from this item for certain contracted services rendered by E.K. Shriver Medical Center from July first through July eighteenth, nineteen hundred and eighty-five, for which certain regulations and procedures adopted under the authority of said section twenty-nine A or any other special or general laws were not properly followed. `tc2 Region Five. `tc1 5592-0100 `tc4 For the maintenance of the Taunton state hospital; provided however, that no funds may be expended from this item for salaries for persons delivering services or performing administrative functions in community-based programs, including not more than three hundred and fifty-six permanent positions and not more than thirty-eight temporary positions `tc6 $550,000 `tc3 EXECUTIVE OFFICE FOR TRANSPORTATION AND CONSTRUCTION. `tc2 Office of the Secretary. `tc1 6001-3625 `tc4 For contract assistance to be allocated by the secretary of transportation and construction for the net additional expenses of the operation of demonstration inter-regional passenger rail services in Southeastern Massachusetts on lines acquired by the commonwealth or on lines over which any railroad corporation may operate; provided that the secretary shall submit an annual report to the house and senate committees on ways and means detailing the revenues and the number of passengers serviced, the net operating costs for the fiscal year, a five year revenue and expense projection, as well as the anticipated operating deficit for the succeeding fiscal year, the first such report to be filed no later than December fifteenth, nineteen hundred and eighty-six; and provided further that no funds shall be available for expenditure after December fifteenth, nineteen hundred and eighty-six, until the secretary of transportation and construction submits a schedule of approval, to the house and senate committee on ways and means, detailing the capital and operational expenditures and revenues estimates for calendar year nineteen hundred and eighty-seven `tc6 $5,500,000 `tc3 Department of Public Works. `tc2 Highway Activities. `tc2 Personal Services. `tc1 6010-0001 `tc4 For personal services of the department, provided, that notwithstanding the provisions of section four of chapter sixteen of the General Laws, the commissioner may appoint six additional assistants who shall serve at the pleasure of the commissioner and shall not be subject to chapter thirty-one of the General Laws and may also appoint a deputy chief counsel (counsel III) who shall not be subject to chapter thirty-one of the General Laws; including not more than two thousand eight hundred and sixty permanent positions and five hundred and fifty-eight temporary positions `tc6 $458,218 `tc5 Highway Fund 100.0% `tc2 Administrative and Engineering Expenses. `tc1 6020-2595 `tc4 For the payment of a certain court judgment, entered in Suffolk court, civil action number 48124 `tc6 $1,800 `tc1 6020-2596 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, civil action number 65320 `tc6 $4,500 `tc1 6020-2597 `tc4 For the payment of a certain court judgment, entered in Hampden superior court, civil action number 84-1210 `tc6 $12,000 `tc1 6020-2598 `tc4 For the payment of a certain court judgment, entered in Worcester superior court, civil action number 12821 `tc6 $500 `tc1 6020-2599 `tc4 For the payment of a certain court judgment entered in Essex superior court, civil action number 7741 `tc6 $5,000 `tc2 Maintenance and Operation of State Highways and Bridges. `tc1 6030-7201 `tc4 For the expenses of snow and ice control, provided that not less than three million dollars be obligated for two fully funded snow and ice removal projects in District 1 and District 2 and provided a detailed report on district cost comparisons for fiscal year nineteen hundred and eighty-six expenditures be filed with the house and senate committees on ways and means on or before May first, nineteen hundred and eighty-six; and provided further, that any surplus after May first, nineteen hundred and eighty-six from said demonstration projects may be expended, for bridge repairs in said districts; including the removal of sand, and including the cost of sand, salt and chemicals `tc6 $5,100,000 `tc5 Highway Fund 100.0% `tc3 DEPARTMENT OF EDUCATION. `tc2 Division of Special Education. `tc1 7028-0001 `tc4 For the administration of the division of special education, to be in addition to any federal funds available for the purpose, including not more than sixty-two permanent positions; provided that certain fiscal year nineteen hundred and eighty-four costs in the amount of one hundred and eighty-two dollars shall be allowed and paid from this item. `tc1 7028-0031 `tc4 For the expenses of school age children in institutional school departments as required under section twelve of chapter seventy-one B of the General Laws; provided that the department shall provide services to eligible inmates in county houses of correction in accordance with and during the preliminary injunction issued by the United States District Court, District of Massachusetts, including not more than one hundred and five permanent positions and forty-three temporary positions; provided further, that certain fiscal year nineteen hundred and eighty-five costs of certain salary adjustments and other employee economic benefits authorized by the collective bargaining agreement between the division of employee relations, on behalf of the commonwealth, and the Alliance, AFSCME/SEIU, AFL-CIO, Local 509, covering certain employees in bargaining Units 8 and 10 in the department of education shall be allowed and paid from this item `tc6 $100,000 `tc1 7028-0302 `tc4 For the educational expenses of certain school age children with special needs attending schools under the provisions of section two of chapter seventy-one B of the General Laws and for the educational expenses of school age children with special needs attending day or residential programs who have no father or mother or guardian living in the commonwealth; provided, that notwithstanding the provisions of any general or special law to the contrary, all increases in the rate paid to any institution or school for services provided in prior fiscal years may be funded with monies appropriated herein; and provided further, that no payments or approvals shall be given or 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 of this appropriation. `tc1 7028-0303 `tc4 For expenses relating to the provisions of special education to certain children to be transferred from the department of public welfare to the department of education; provided, that said children were placed by the department of public welfare in a private special education program as of September first, nineteen hundred and seventy-four, have continued to attend such program at the expense of the department of public welfare up to the date of said transfer, and continue to need such special education program; and provided further, that the total number of children to be transferred from the department of public welfare to the department of education shall not exceed the number that can be served by funds available in this appropriation `tc6 $52,670 `tc2 Division of School Facilities and Related Services. `tc1 7053-1907 `tc4 For partial assistance in the furnishing of lunches to school children, as authorized by chapter five hundred and thirty-eight of the acts of nineteen hundred and fifty-one, and, if necessary, for supplementing federal funds allowed for the special milk program; provided, that notwithstanding the provisions of any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed the required state revenue match contained in Public Law 79-396, as amended, cited as the National School Lunch Act, and in the regulations implementing said act, prior appropriation continued `tc6 $60,671 `tc1 7053-1909 `tc4 For the reimbursement of cities and towns for partial assistance in the furnishing of lunches to school children and for supplementing funds allocated for the special milk program; provided, that notwithstanding any provisions of any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed the required state revenue match contained in Public Law 79-396, as amended, cited as the National School Lunch Act, and in the regulations implementing said act, prior appropriation continued `tc6 $1,513,655 `tc5 Local Aid Fund 100.0% `tc3 BOARD OF REGENTS. `tc2 Compact for Education. `tc1 7070-0070 `tc4 For a reserve for a contract administered by the board of regents for the data processing and other support needs of the scholarship office; provided that no funds shall be expended from this item without the prior written approval of the house and senate committees on ways and means; provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `tc1 7070-0071 `tc4 For a reserve for the expenses of the administration of the scholarship program; provided that no funds shall be expended from this item without the prior written approval of the house and senate committees on ways and means; provided, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $150,000 `tc1 7070-0075 `tc4 For the expenses of a statewide youth awareness program; to be administered by a higher education information center as outlined in section eight of chapter fifteen A of the General Laws; and provided, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $90,000 `tc2 New England Board of Higher Education. `tc1 7077-0021 `tc4 For payments to certain universities, on acceptance of certain Massachusetts students into medical, dental, veterinary medical and related health programs; provided, that new contracts relative thereto include a provision for payback service to the commonwealth for a period after said students have fulfilled all internship and residency requirements; provided further, that all contracts relative thereto are approved by the chancellor of the board of regents; and provided further, that no payment may be made from this item except in accordance with a schedule established by the chancellor of the board of regents and approved by the commissioner of administration and the house and senate committees on ways and means `tc6 $48,000 `tc1 7100-0100 `tc4 For a reserve for the administration and maintenance of the system of institutions of higher education, including the office of the president of the University of Massachusetts; provided, that notwithstanding any provisions of law to the contrary, the board of regents shall allocate such appropriation in accordance with an allocation plan approved by the house and senate committees on ways and means; and provided further, that the University of Massachusetts board of trustees shall institute and maintain learning contracts for students admitted on or after the fall of nineteen hundred and seventy-eight which include provisions for "payback" service or monetary payback to the commonwealth for a period after said students have fulfilled all internship and residency requirements; and provided further, that all sums so approved shall be allocated and expended in accordance with the provisions of section twenty-seven and twenty-seven A of chapter twenty-nine of chapter one thousand two hundred and thirty of the acts of nineteen hundred and seventy-three; provided, that of the sum appropriated herein, not less than twenty-four thousand five hundred dollars shall be obligated for the operation of a maritime oriented fire fighting training program at Massachusetts Maritime Academy, provided, that said program shall be conducted annually by said academy, utilizing the services and facilities of the Barnstable County Police and Fire Fighting Academy; provided further, that said funds shall be administered by said Massachusetts Maritime Academy for the benefit of providing maritime oriented fire fighting training to the cadets of the regiment; provided further, that of the sum appropriated herein, not less than one hundred thousand dollars shall be expended for a study of Massachusetts infrastructure, including but not limited to, the survey and assessment of capital projects, including educational facilities, public health care facilities, modes of transportation, and public utilities to be administered by the University of Massachusetts at Amherst; provided further, that said study shall include business study shall include business and economic forecasting and the preparation of cost estimates relating to infrastructure options; provided further, that a copy of said study shall be filed with the house and senate committees on ways and means on or before the first day of January, nineteen hundred and eighty-six; provided further, that of the sum appropriated herein, not less than six hundred twenty thousand four hundred and forty-three dollars shall be expended for the purposes of the area health education centers program, also known as "AHEC" to be administered by the University of Massachusetts Medical School; provided further, that in the event any said collective bargaining agreement requires a payment to a union or a joint union-management trust fund said payment made may be charged by the comptroller against this item; and provided further, that no transfer or payment to said unions or joint union-management trust fund shall be made from this item without the prior approval of the house and senate committees on ways and means after said committees have received copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement, including not more than thirteen thousand five hundred and thirty-eight permanent positions and four hundred and two temporary positions; provided further, that notwithstanding the provisions of any general or special law to the contrary, certain prior year expenses in an amount not exceeding nine thousand nine hundred and ninety-one dollars shall be allowed and paid from this item. `tc2 University of Lowell. `tc1 7100-9500 `tc4 For a reserve for the purchase of scientific laboratory, computer, and other related educational equipment and supplies for certain engineering and nursing education programs offered by institutions within the public system of higher education; provided, that the board of regents of higher education shall allocate such funds; and provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $12,500,000 `tc1 7109-0500 `tc4 For the purchase of certain equipment at Bridgewater State College `tc6 $35,000 `tc1 7507-0999 `tc4 For the payment of a certain court judgment, entered in Middlesex superior court, civil action number 81-1979 `tc6 $40,000 `tc1 7511-0999 `tc4 For the payment of a certain court judgment, entered in Essex superior court, docket number 83-2581 `tc6 $24,000 `tc1 7514-0999 `tc4 For payment to the Veterans Administration, in accordance with the terms of a certain covenant not to sue Springfield Technical Community College `tc6 $54,000 `tc1 7518-0999 `tc4 For the payment of a certain court judgment, entered in Norfolk superior court, civil action number 84-3048 `tc6 $1,000 `tc3 Executive Office of Public Safety. `tc2 Division of State Police. `tc1 8312-0100 `tc4 For the administration of the division, provided, however, that not less than one hundred fifty thousand dollars be expended on investigation concerning prescription drug abuse to be conducted by the Drug Investigation Unit, so-called; provided, further, that not less than one hundred twenty-five thousand dollars shall be used for mounted units which shall patrol Walden Pond, Salisbury Beach and other state facilities as appropriate, provided further, that not less than two hundred thousand dollars shall be expended on the operation of a Missing Persons Resource Unit with particular emphasis placed on investigations concerning the location of missing children, including not more than one thousand one hundred and eighty-seven positions `tc6 $4,081,041 `tc5 General Fund 15.0% Highway Fund 85.0% `tc1 8312-0200 `tc4 For the administration of the narcotics unit in the bureau of investigative services within the division of the state police; provided, that there shall be a minimum of one hundred state police officers assigned to full-time duty with said unit and under the command of a commissioned officer of the state police; all such officers shall be exclusively assigned on a full-time basis to undercover operations, smuggling operations, the investigation of the diversion of legally manufactured drugs, and the investigation of illegal distribution of controlled substances among minors; officers assigned to said unit shall not be discharged to details other than those described above unless they are replaced by another officer, including not more than one hundred temporary positions `tc6 $200,000 `tc5 General Fund 15.0% Highway Fund 85.0% `tc1 8312-0300 `tc4 For the implementation of wellness programs, so-called, including without limitations a program of physical fitness maintenance and enhancement for the personnel of the division of state police `tc6 $77,665 `tc1 8312-0998 `tc4 For the payment of a certain court judgment, entered in Norfolk superior court, docket number 132312 `tc6 $85,000 `tc1 8312-0999 `tc4 For the payment of certain attorney's fees incurred in prior fiscal years in connection with Norfolk superior court civil action number 132312 `tc6 $7,965 `tc2 Division of Fire Prevention. `tc1 8314-2000 `tc4 For reimbursement of the costs of purchasing fire equipment; provided that such equipment shall remain under the custody, control and maintenance of the towns of Shirley, Taunton, and Lancaster, and shall be used for the protection of state institutions located in said towns `tc6 $32,000 `tc5 Local Aid Fund 100.0% `tc2 Registry of Motor Vehicles. `tc1 8400-0999 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 41243 `tc6 $90,000 `tc1 8600-0001 `tc4 For the administration of the Committee on Criminal Justice, including not more than fifteen temporary positions `tc6 $13,375 `tc2 Military Division. `tc1 8700-0200 `tc4 For compensation for special and miscellaneous duty, for transportation of officers to and from military meetings and drills, for expenses of camps of instruction, for compensation for accidents and injuries sustained in the performance of military duty, for small claims for damages to private property and for allowances to companies and other administrative units to be expended under the direction of the adjutant general, including not more than four permanent positions `tc6 $237,500 `tc1 8700-0997 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, docket number 43891 `tc6 $12,000 `tc1 8700-0998 `tc4 For the payment of a certain court judgment, entered in Suffolk superior court, civil action number 70088 `tc6 $12,500 `tc1 8700-0999 `tc4 For the payment of a certain moral obligation, pursuant to the provisions of chapter nine of the resolves of nineteen hundred and eighty-four `tc6 $8,978 `tc2 Civil Defense Agency. `tc1 8800-0001 `tc4 For the service of the civil defense agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities and shall be expended with at least an equivalent amount of federal funds for the purposes of this item, including not more than forty permanent positions `tc6 $9,866 `tc1 8800-0012 `tc4 For the maintenance of existing emergency communications equipment operated by the civil defense agency. `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc1 9000-0112 `tc4 For the operation of satellite job training centers in Boston, Springfield, and Cambridge, said appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $1,000,000 `tc1 9000-1710 `tc4 For the provision of capital for the economic stabilization fund, as provided by section seven to fifteen, inclusive, of chapter twenty-three C of the General Laws, to be used for making loans to or investments in businesses and persons that comply with said sections, prior appropriation continued `tc6 $1,500,000 `tc2 Division of Employment Security. `tc1 9081-7000 `tc4 For the payment of reemployment assistance benefits as provided by section seventy-one F of chapter one hundred and fifty-one A of the General Laws; provided that a study which identifies the areas of growth in payments made pursuant to this section, which analyzes the effectiveness of the program to date and which recommends improvements to the program be submitted to the house and senate committees on ways and means on or before January first, nineteen hundred and eighty-seven `tc6 $480,000 `tc1 9091-0211 `tc4 For financial assistance for local tourist councils, including an additional two hundred thousand dollars for the Chambers of Commerce of Northern Middlesex; provided that the division develop a formula for the distribution of said funds which shall be filed with the house and senate committees on ways and means. This appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven. `tc2 Division of Economic Development. `tc1 9091-0404 `tc4 For the expenses of the Foreign Business Council; and provided that no funds from this account be expended for any travel by members of the general court `tc6 $90,000 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 State Racing Commission. `tc1 9210-0001 `tc4 For the administration of the commission, including not more than thirty-three permanent positions; provided that a sum not exceeding one hundred thousand dollars shall be expended by the commission to contract with an accredited school of veterinary medicine in the commonwealth, to establish a drug testing and research program to insure the legitimacy and integrity of the racing industry `tc6 $58,898 `tc2 Alcoholic Beverage Control Commission. `tc1 9212-0999 `tc4 For the payment of post-judgment interest on certain attorney's fees incurred in prior fiscal years, pursuant to order of the United States court of appeals, first circuit, 749 F.2d 945 (1984) `tc6 $13,842 `tc2 Division of Registration. `tc2=11,53,tfh1;temp For the services of the following agencies in the division: `tc1 9230-0150 `tc4 Board of registration and discipline in medicine; and board of acupuncture; including not more than eight permanent positions and sixteen temporary positions. `tc3 Executive Office of Labor. `tc2 Department of Labor and Industries. `tc2=11,53,tfh1;temp For the personal services and expenses of the following agencies of the department: `tc1 9412-0200 `tc4 For the division of occupational hygiene; provided, that all funds appropriated under this item shall be for a program to evaluate the asbestos level in public schools and other public buildings; the division for this purpose may employ staff which shall not be subject to chapter thirty-one of the General Laws and engage engineering and medical and other consultants, including not more than nine temporary positions `tc6 $30,000 `tc1 9413-0100 `tc4 For the expenses of the department in enforcing the minimum wage laws, including not more than fourteen permanent positions; provided, that one hundred and seventy-two thousand eight hundred and ninety-two dollars of the amount appropriated herein is authorized for the purpose of determining wage rates for certain local housing authority positions in conformance with the decision in Receiver of Boston Housing Authority v. Commissioner of Labor and Industries, 396 Mass. 50 (1985) `tc6 $172,892 `tc2 Division of Industrial Accidents. `tc1 9440-0100 `tc4 For the administration of the division and for clerical and other assistance for the industrial accident rehabilitation board, including not more than two hundred and twenty-nine permanent positions and four temporary positions. `tcol;end

SECTION 3. Item 2440-0029 of section 2 of chapter 234 of the acts of 1984 is hereby amended by inserting after the word "purchase", in line 1, the word:- fabrication,- and by inserting after the word "River", in line 2, the words:- appropriation expires June thirtieth, nineteen hundred and eighty-seven.

SECTION 4. Item 1599-3386 of section 2 of chapter 200 of the acts of 1985 is hereby amended by striking out, in line 19, the word "eighty-six" and inserting in place thereof the word:- eighty-seven,- and by striking out, in line 30, the words "prior appropriation continued" and inserting in place thereof the words:- appropriation to expire on June thirtieth, nineteen hundred and eighty-seven.

SECTION 5. Item 2520-1200 of said section 2 of said chapter 200 is hereby amended by adding the following paragraph:-

`tcol=1;c1=15,50,tu `tc1 Mosquito and Greenhead Fly Control Fund 100.0%. `tcol;end

SECTION 6. Item 2520-1400 of said section 2 of said chapter 200 is hereby amended by striking out, in lines 5 and 6, the words "September first, nineteen hundred and eighty-five" and inserting in place thereof the words:- June thirtieth, nineteen hundred and eighty-six.

SECTION 7. Item 1599-3520 of section 2 of chapter 757 of the acts of 1985 is hereby amended by striking out, in line 8, the words "and towns" and inserting in place thereof the words:- , towns, and local housing authorities.

SECTION 8. Notwithstanding the provisions of any general or special law to the contrary, for the period ending June thirtieth, nineteen hundred and eighty-seven, the secretary of administration and finance shall, with respect to any charges or fees which the secretary was heretofore authorized to establish under the provisions of section three B of chapter seven of the General Laws, (1) determine the amount to be charged by the commonwealth for each service of any kind performed by any state personnel or agency which is primarily for the benefit of any individual person or corporation, other than services in hospitals, clinics or other health facilities and services rendered by a correctional institution for inmates therein; (2) shall determine the charge to be made by the commonwealth for each use for private purposes or gain of state-owned buildings, houses, facilities, and equipment; (3) shall determine the charge to be made by the commonwealth for meals served in state institutions or facilities to employees thereof; and, (4) shall determine the amount to be charged for any other service, registration, regulation, license, fee, permit or other public function; provided, however, that said secretary shall not determine the rates of tuition at state colleges, state community colleges, state universities, and the Massachusetts Maritime Academy or any fees or charges relative to the administration and operation of the trial court, appeals court, supreme judicial court and any other department of the judiciary of the commonwealth; provided further, that said secretary shall not increase or decrease any existing fee or charge or establish any new fee or charge unless notice of said increase or decrease is filed with the clerks of the house and senate while the general court is in session and the general court has failed to pass a resolve disapproving said proposed action within the next sixty days after said filing.

SECTION 9. Notwithstanding the provisions of any general or special law to the contrary, revenues not exceeding six thousand dollars received from the sale of state surplus personal property may be expended by the purchasing agent's division, without further appropriation, for expenses incidental to the advertisement and sale of such property. The expenditure of such funds shall be subject to approval by the commissioner of administration and the state comptroller.

SECTION 10. Notwithstanding the provisions of section twenty-nine A of chapter twenty-nine of the General Laws or any other general or special law to the contrary, the comptroller is hereby authorized to approve payments for certain contracted services rendered in fiscal year nineteen hundred and eighty-six for which certain regulations and procedures adopted under the authority of said section twenty-nine A or any other such special or general law were not properly followed; provided, however, that the secretary of the executive office overseeing the agency which was a party to such a contract shall certify in writing that such services were actually performed; provided further, that such payments shall be based on schedules provided to the house and senate committees on ways and means; provided further, that sufficient funds for such payments existed within the appropriate line-item accounts as of June thirtieth, nineteen hundred and eighty-six and that such amounts were encumbered for the purpose of making said payments by such agencies; provided further, that said comptroller is hereby authorized to make payments for certain contracted services rendered in prior fiscal years for which certain regulations and procedures adopted as aforesaid were not properly followed; provided further, that the secretary of the executive office overseeing the agency which was a party to such a contract shall certify in writing that such services were actually performed and that such payments shall be based on schedules provided to the house and senate committees on ways and means and charged to and expended according to the provisions of an account established for the purpose of paying prior year deficiencies and shall not be paid from any such current agency appropriation; and provided, however, that such payments, where appropriate, may be paid from capital appropriations; provided, that such payments from capital appropriations shall be based on schedules approved by the house and senate committees on ways and means; and provided further, that this shall not apply to payments authorized pursuant to section two for such purposes.

SECTION 11. For the purposes of discharging a moral obligation of the commonwealth, the department of social services is hereby authorized to make payments in an amount not exceeding ninety-seven thousand one hundred and four dollars and sixty cents from funds appropriated in item 4400-1009 and 4800-0060 of section two of chapter one hundred and forty of the acts of nineteen hundred and eighty-five, to subcontractors of Day Care Fair, Inc., for certain voucher day care and family day care services rendered during fiscal year nineteen hundred and eighty-five and not paid due to default of said payments by Day Care Fair, Inc.; provided, that the secretary of the executive office of human services shall certify in writing that said services were provided by said subcontractors.

SECTION 12. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance shall, after notice and hearing in accordance with the provisions of chapter thirty A of the General Laws, determine the amount to be charged for any service, registration, regulation, license, fee, permit or public function which is not provided for in section three B of chapter seven of the General Laws other than services in hospitals, clinics or other health facilities and services rendered by a correctional institution for inmates therein; provided, however, that said secretary shall not determine the rates of tuition at state colleges, state community colleges, state universities, and the Massachusetts Maritime Academy or any fees or charges relative to the administration and operation of the trial court, supreme judicial court or any other department of the judiciary of the commonwealth; and provided, further, that said secretary shall not increase or decrease any existing fee or charge or establish any new fee or charge unless notice of said increase or decrease is filed with the clerks of the house and senate while the general court is in session and the general court has failed to pass a resolve disapproving said proposed action within the next sixty days after said filing.

SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, hospitals within the department of public health may expend certain revenues without further appropriation, subject to the approval of the commissioner of public health and the state comptroller, and further subject to the following schedule, for patient care. Each hospital shall report the amounts of revenue generated from the collection of charges for services from third party reimbursements and from individuals, by category of payor, and a detailed summary of the expenditures made by each hospital for inpatient care. Such reports shall be filed quarterly with the commissioner of administration and the house and senate committees on ways and means. The hospitals and the authorized amounts of revenues to be expended are as follows: for Lakeville Hospital, revenues in excess of four million eight hundred and five thousand dollars but not exceeding five million five hundred and ninety thousand dollars; for Lemuel Shattuck Hospital, revenues in excess of seven million three hundred thousand dollars but not exceeding eight million nine hundred and eleven thousand dollars; for the Massachusetts Hospital School, revenues in excess of two million eight hundred and forty thousand dollars but not exceeding three million two hundred thousand dollars; for Rutland Heights Hospital, revenues in excess of three million five hundred thousand dollars but not exceeding four million four hundred thousand dollars; for Tewksbury Hospital, revenues in excess of ten million six hundred and five thousand dollars but not exceeding twelve million one hundred and seventy thousand dollars; for Western Massachusetts Hospital, revenues in excess of three million seven hundred and seventy-five thousand dollars but not exceeding four million two hundred and ninety thousand dollars; and for Cushing Hospital, revenues in excess of five million twenty thousand dollars but not exceeding five million eight hundred and fifty thousand dollars. Any remaining balances of the amounts available to the hospitals within the department, at the end of fiscal year nineteen hundred and eighty-five, pursuant to section sixty-one of chapter two hundred and thirty-four of the acts of nineteen hundred and eighty-four, shall not revert to the General Fund, but shall be available to said hospitals within the department for the purposes provided herein during fiscal year nineteen hundred and eighty-six.

SECTION 14. This act shall take effect upon its passage.