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 `tc3 Legislature. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0185-7850 `tc4 For a study by the house and senate committees on ways and means relative to the assessments and reimbursements of the Massachusetts Bay Transportation Authority, provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $175,000 `tc1 0185-7851 `tc4 For the expenses of the special commission to make an investigation and study of the proposed division of the department of mental health into a department of mental health and a department of mental retardation, provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `t+3 `tc3 JUDICIARY. `tc2 Supreme Judicial Court. `tc1 0320-0003 `tc4 For salaries and expenses of the supreme judicial court; provided, that not less than one hundred twenty-one thousand dollars shall be obligated for a gender bias study, provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $121,000 `tc1 0321-1500 `tc4 For the committee for public counsel services as authorized by chapter two hundred and eleven D of the General Laws; provided further, that salaries paid to attorneys employed by the committee for public counsel services shall be comparable to those paid to attorneys employed by the several district attorneys offices and provided further that, except as provided herein no increase in the rate of compensation for counsel to indigents shall be authorized until funds for such increase are appropriated by the general court, including not more than fifty-three permanent positions and one hundred and forty temporary positions `tc6 $1,761,783 `tc2 Trial Court. `tc1 0330-2040 `tc4 For phase one of the computerization of the social law library located in Suffolk county provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $400,000 `tc2 Administration of District Courts. `tc2 For Salaries and Expenses. `tc1 0332-7500 `tc4 Second district court of eastern Worcester (Clinton), including not more than thirteen permanent positions; provided that the comptroller shall write off the amount of one thousand four hundred and forty-five dollars and thirty cents stolen from the Clinton district court on March eighteenth, nineteen hundred and eighty. `tc2 Probate and Family Court Department. `tc2 For Salaries and Expenses. `tc1 0333-0200 `tc4 Berkshire, including not more than eleven permanent positions and one temporary position `tc6 $12,000 `tc1 0333-0300 `tc4 Bristol, including not more than forty-four permanent positions `tc6 $40,000 `tc1 0333-0500 `tc4 Essex, including not more than fifty-two permanent positions and one temporary position `tc6 $5,000 `tc1 0333-0900 `tc4 Middlesex, including not more than one hundred and seven permanent positions `tc6 $50,000 `tc1 0333-1100 `tc4 Norfolk, including not more than sixty-six permanent positions and seven temporary positions `tc6 $119,000 `tc1 0333-1200 `tc4 Plymouth, including not more than forty-six permanent positions and two temporary positions `tc6 $79,000 `tc1 0333-1400 `tc4 Worcester, including not more than fifty-four permanent positions and provided further that thirty-five thousand dollars be used for the Court Appointed Special Advocates (CASA) Programs `tc6 $80,000 `tc2 Housing Court. `tc2 For Salaries and Expenses. `tc1 0336-0100 `tc4 Boston housing court; provided that, notwithstanding the provisions of chapter two hundred and eleven B of the General Laws to the contrary, the administrative justice of the housing court department holding such office prior to the effective date of this act shall receive a salary equivalent to a justice of the trial court, including not more than twenty-eight permanent positions `tc6 $15,000 `tc3 district attorneys. `tc1 0340-0200 `tc4 Northern, including not more than eighty-three permanent positions and seventy-three temporary positions, provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $92,984 `tc1 0340-0400 `tc4 Middle; provided, that the appropriation of sixty-eight thousand dollars shall expire on June thirtieth, nineteen hundred and eighty-seven, including not more than fifty-four permanent positions and thirty-eight temporary positions `tc6 $68,000 `tc2 Secretary of the Commonwealth. `tc1 0519-0010 `tc4 For the expenses of chapter one hundred and sixty-five of the acts of nineteen hundred and eighty-five, the secretary of the commonwealth shall reimburse cities and towns for actual incremental costs incurred during the municipal street listing, provided no reimbursements shall exceed the actual incremental costs as determined by the state auditor; provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $890,000 `tc3 TREASURER AND RECEIVER-GENERAL. `tc2 Pensions for Retired Justices. `tc1 0612-3000 `tc4 For pensions of retired judges or their widows `tc6 $150,000 `tc3 Department of the Attorney General. `tc1 0810-0000 `tc4 For the office of the attorney general, provided, that not less than five hundred thousand dollars be allocated for asbestos litigation costs, including not more than fifty-three permanent positions, prior appropriation continued `tc6 $250,000 `tc1 0840-0106 `tc4 For the expenses of a pilot elderly victim assistance program in the city of Springfield; provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc1 1102-3291 `tc4 For the payment of a certain court judgment entered in Worcester superior court, civil action number 20144 `tc6 $281,902 `tc1 1102-3292 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 38938 `tc6 $1,575,000 `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 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 $243,000 `tc1 1107-2400 `tc4 For the office of handicapped affairs, provided, that, the office of handicapped affairs is authorized to expend the sum of twenty-five thousand dollars for the purpose of conducting an investigation and study relative to services rendered to minority handicapped citizens; provided further, that not less than thirty-five thousand dollars be expended for the purposes of the governor's commission on accessible transportation, including not more than seven permanent positions and six temporary positions and provided further, that funds may be expended from this item for fiscal year nineteen hundred and eighty-five costs required by chapter three hundred and seven of the acts of nineteen hundred and eighty-five `tc6 $15,000 `tc1 1599-2025 `tc4 For a reserve to meet emergencies; provided, that the commissioner of administration is hereby authorized to transfer from the sum appropriated herein to other appropriation items where the amounts otherwise available are insufficient, such amounts as are necessary to protect the public interest; provided, that no transfer shall be made as authorized herein until the existence of the said emergency shall have been certified by the agency and the secretary having jurisdiction over the requesting agency; and the commissioner of administration; provided further, that the commissioner of administration is authorized to allocate the amount of said transfers to the several state or other funds to which such items of appropriation are charged; and provided further, that no such transfers or expenditures shall be made without the prior approval of the house and senate committees on ways and means `tc6 $500,000 `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 $265,000 `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 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 thirty-six thousand seven hundred and sixty-eight dollars; Plymouth, three hundred sixty-five thousand two hundred and twenty-two dollars; Suffolk, three hundred three thousand one hundred and sixty-nine dollars; Worcester, three hundred twenty-two thousand eight hundred and fifty-six 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 $109,074 `tc5 Local Aid Fund 100.0% `tc1 1599-3325 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-six cost of certain salary adjustments, including increases caused by amendments to the general or management salary schedules provided for by chapter thirty of the General Laws; provided that the secretary of administration and finance 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-seven such amounts as are necessary to meet the cost of said adjustments and benefits for the fiscal year nineteen hundred and eighty-six; provided further, that said secretary is 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; and provided further, that no transfers shall be made from this item without prior approval of the house and senate committees on ways and means, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $6,054,566 `tc1 1599-3403 `tc4 For a reserve to fund the development and implementation of certain management information systems and equipment related to automation and undergraduate instruction; provided that the commissioner of administration, upon the recommendation of the director of the office of management information systems, is authorized to transfer funds from this item to other items of appropriation or to expend funds directly from this reserve; provided further, that no such transfers or expenditures 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, prior appropriation continued `tc6 $1,617,100 `tc1 1599-3526 `tc4 For the purpose of preservation and restoration of art objects in the state house, provided that not less than fourteen thousand dollars be obligated for the preservation of the state house flags, provided further, that not less than seven thousand dollars be obligated for an alarm system to protect items of historical significance to the commonwealth, provided further, that not more than twenty thousand dollars be spent on administration; provided further, that this project shall be administered by the state house arts commission and that notwithstanding the provisions of section nineteen of chapter six of the General Laws, the chairman of the commission may serve for the duration of the project as executive director of this project and may be compensated therefore from funds appropriated in this item; provided further that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven, and provided further, that the state house arts commission shall report biannually to the house and senate committees on ways and means on all expenditures from this reserve `tc6 $200,000 `tc1 1599-3527 `tc4 For a reserve to meet the cost of certain salary adjustments and other employee economic benefits authorized by the memorandum of agreement dated November seventh, nineteen hundred and eighty-four, between the commonwealth and the Alliance/AFSCME, SEIU, AFL-CIO, for certain class reallocations; and to meet the cost 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 memorandum of agreement, 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 memorandum of agreement then in effect which would otherwise cover said positions; provided further, that said commissioner of administration is hereby authorized to transfer from the sum appropriated herein to other items of appropriation for the fiscal year nineteen hundred and eighty-seven, such amounts as are necessary to meet the costs of said adjustments and benefits for fiscal year nineteen hundred and eighty-seven where the amounts otherwise available are insufficient for the purpose; provided further, that said commissioner of administration is authorized to allocate the cost of such salary adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided further, that copies of said memorandum of 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 no transfers shall be made from this item without prior approval of the house and senate committees on ways and means, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $1,150,000 `tc1 1599-3598 `tc4 To discharge the commonwealth's obligation to the Massachusetts Bay Transportation Authority relative to the purchase of a certain parcel of land by the San Marco Housing Corporation pursuant to the provisions of chapter eight hundred and seven of the acts of nineteen hundred and eighty-one `tc6 $350,000 `tc1 1599-3600 `tc4 For the purpose of discharging a moral obligation pursuant to Senate resolve number 1926 filed in nineteen hundred and eighty-four, provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $1,325 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc3 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. `tc1 2100-0995 `tc4 For the payment of a certain court judgment entered in Middlesex superior court, civil action number 81-4503 `tc6 $50,000 `tc1 2100-0996 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 71033 `tc6 $40,000 `tc1 2120-1508 `tc4 For the purposes of reconstruction and repairs at the Fort Pheonix State Reservation in the town of Fairhaven, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $200,000 `tc1 2150-0538 `tc4 For the repairs and reconstruction of the Lake Whittemore Dam in the town of Spencer, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tc1 2150-0561 `tc4 For the purchase of two beach cleaners for the purpose of maintaining the public beaches on Plum Island, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $98,000 `tc1 2150-0574 `tc4 For a study of cleaning and dredging of Long Pond in the town of Tewksbury `tc6 $20,000 `tc1 2150-6843 `tc4 For the cleaning, dredging, and flood control improvements of the Great Brook project on the Congamond Lakes in Southwick `tc6 $320,000 `tc3 DEPARTMENT OF THE METROPOLITAN DISTRICT COMMISSION. `tc2 Administration. `tc1 2420-1301 `tc4 To reimburse the city of Peabody for certain overpayments made by said city for water services received from the metropolitan district commission `tc6 $285,429 `tc5 Local Aid Fund 100.0% `tc2 Division of Watershed Management. `tc1 2420-1400 `tc4 For the operation of maintenance of the watershed management division, including not more than one hundred and sixty-six permanent positions and not more than fourteen temporary positions; provided that no water shall be diverted from the Connecticut and Sudbury rivers by the metropolitan district commission or the Water Resources Authority; and provided further, that certain prior year obligations not exceeding forty-three thousand four hundred and thirty-one dollars incurred in appropriation accounts 2420-8804, 2429-7140 and 2429-8802 shall be allowed and paid from this item. `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 `tc2 Metropolitan Parks District. `tc1 2440-0989 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 47656 `tc6 $1,500 `tc1 2440-0990 `tc4 For the payment of certain attorney's fees incurred in prior fiscal years in connection with Suffolk superior court civil action number 43074 `tc6 $5,699 `tc1 2440-0991 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 42393 `tc6 $75,000 `tc1 2440-0998 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 63079 `tc6 $35,361 `tc1 2441-0001 `tc4 For a management study of the Stone and Franklin Park Zoos, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `tc1 2444-9014 `tc4 For expenses involved in the refurbishing of the Flynn rink in the city of Medford, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $200,000 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc2 Office of the Secretary. `tc1 3000-0101 `tc4 For payments to the city of Worcester for a program to be administered by the executive office of communities and development to combat the outbreak or otherwise contain the disease known as Hepatitis B, including but not limited to inoculation and education; provided, however, that the commonwealth's participation in any such program shall not exceed seventy per cent of the total amount granted to the city; provided further, that thirty thousand dollars of the amount appropriated herein shall be contracted for the town of Leicester for a program to be administered by the Worcester department of public health to combat the outbreak or otherwise contain the disease known as Hepatitis B, including but not limited to inoculation and education; provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven; provided further, that the city of Worcester shall provide an accounting to the executive office of communities and development of the fiscal year nineteen hundred and eighty-six expenditures totaling three hundred thousand dollars; and provided further, that at the end of fiscal year nineteen hundred and eighty-seven, the city of Worcester shall provide a full accounting to the executive office of communities and development on all expenditures along with a full analysis of this program `tc6 $630,000 `tc2 Division of Community Development. `tc1 3722-9108 `tc4 For providing funds to cities and towns for planning activities related to urban revitalization and development projects authorized pursuant to section fifty-four of chapter one hundred and twenty-one B of the General Laws; provided, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $250,000 `tc1 3722-9109 `tc4 For a program to provide assistance to communities to respond to the impacts and opportunities of growth and development including but not limited to developing capital budgets, infrastructure, and growth management and development plans; provided, however, that notwithstanding any general or special law to the contrary, not more than eighty thousand dollars may be expended by the division of municipal development to provide or purchase technical assistance or other services for communities, and provided further, that not more than one hundred and fifty thousand dollars shall be contracted with the Northern Berkshire Industrial Park Corporation to provide administrative support for said corporation, provided, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $150,000 `tc3 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 provided further, that no spending from this item shall occur until an interagency agreement has been executed with the department of public welfare for the purpose of implementing savings in fiscal year nineteen hundred and eighty-seven including but not limited to third party liability, bulk purchasing, provider review, utilization review, and other cost saving initiatives; provided further that the department of public welfare and the commission for the blind shall file a report quarterly with the house and senate committees on ways and means detailing the status of said savings initiatives, including not more than three permanent positions and one temporary position `tc6 $2,500,000 `tc3 DEPARTMENT OF YOUTH SERVICES. `tc1 4200-0998 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 45900 `tc6 $50,000 `tc1 4200-0999 `tc4 For the payment of a certain court judgment entered in Hampshire superior court, civil action number 81-387 `tc6 $50,000 `tc1 4202-0021 `tc4 For the purchase of service for certain residential care programs, including certain secure programs, in accordance with the provisions of chapter twenty-eight A of the General Laws, and for certain nonresidential care programs from a list of vendors approved by and on file with the central office of the department; provided, that notwithstanding the provisions of section twenty-three of chapter twenty-nine of the General Laws, no monies shall be advanced to the department from this account without prior approval of the comptroller; provided further, that not less than one hundred and twenty-five thousand dollars shall be spent to establish a ten bed group home for Hispanic youth `tc6 $296,492 `tc3 DEPARTMENT OF CORRECTION. `tc1 4349-0008 `tc4 For the capacity expansion of the department of correction; provided, that not less than one million two hundred and fifty thousand dollars be obligated for a women's substance abuse treatment program; provided further, that not less than five million eight hundred thousand dollars be obligated for the lease and operations of modular correctional units at state and county facilities; provided further, that not less than five hundred and fifty thousand dollars be obligated for bed expansion at MCI-Lancaster; and provided further, that the department of corrections submit quarterly reports to the house and senate committees on ways and means detailing the expenditure of these funds, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $7,600,000 `tc3 parole board. `tc1 4380-0002 `tc4 For management improvements to the parole board, provided that no expenditure shall be made from this item without prior approval of the house and senate committees on ways and means, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $100,000 `tc3 DEPARTMENT OF PUBLIC WELFARE. `tc1 4402-5010 `tc4 For a one year demonstration project of medical services for pregnant women residing in the commonwealth who would otherwise be eligible for medical assistance pursuant to chapter one hundred eighteen E, but for excess income, and who lack health insurance or whose health insurance does not cover the pregnancy-related services as described below; provided, that the countable income of such pregnant women may not exceed such standards for eligibility as are established by the department; provided, further, that such standards shall be one hundred eighty-five per cent of the non-farm income poverty guidelines prescribed by the United States Office of Management and Budget; provided, further, that medical assistance furnished pursuant to this section shall be limited to medically necessary care and services related to pregnancy, delivery and childbirth, and post-partum obstetric and gynecological care and services; 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; provided, further, that funds appropriated in this item shall constitute the sole obligation of the commonwealth to meet the costs of said services and that the entitlement provisions of the medical assistance program shall not apply to the program authorized in this section; provided, further, that the department of public welfare shall assess the need for this program in the event of any changes in the hospital reimbursement system and shall report on such assessment to the house and senate committees on ways and means; and provided, further, that the department shall submit a report, on a quarterly basis, to the house and senate committees on ways and means as to the number of women served during that quarter, categories of age, types of services provided, and expenditures made `tc6 $740,000 `tc3 DEPARTMENT OF PUBLIC HEALTH. `tc1 4510-0103 `tc4 For the administration of the division of health promotion; provided not less than two hundred and twenty-five thousand dollars shall be expended for community programs to reduce the prevalence of hypertension and other risk factors for heart disease and stroke; and provided further, that not less than one hundred thousand dollars shall be expended to conduct a health survey, the results of which shall be reported back to the joint committee on health care and the house and senate committees on ways and means within seven months of the effective date of this act, including not more than one permanent position and twelve temporary positions; provided, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $125,000 `tc1 4510-0600 `tc4 For an environmental health program, including control of radiation and nuclear hazards and consumer products protection, including food and drugs; a program of lead poisoning prevention; and the employment of the state lockup inspector; provided that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of one hundred per cent of the amounts so expended; provided, however, that not less than thirty thousand dollars shall be obligated for a generic drug publication; provided, however, that not less than two hundred and ninety-five thousand dollars shall be obligated to expand the program of lead paint poisoning prevention; provided further, that the department shall report quarterly to the house and senate committees on ways and means concerning the status of the case management program for children hospitalized for lead paint poisoning including both the number of children for whom case management is provided, and those who are hospitalized; provided further, that notwithstanding any law to the contrary, all funds required for inspections for lead-based paint in day care facilities, in an amount not to exceed ten thousand dollars shall be paid from this item; provided further, that all fees charged for such inspections may be expended without further appropriation, subject to the approval of the commissioner of public health and the state comptroller, for the expenses of the inspections of day care facilities, including not more than thirty-eight permanent positions and sixty-four temporary positions; and provided further, that certain fiscal year nineteen hundred and eighty-four obligations not exceeding two thousand dollars incurred in appropriation account 4516-0201 shall be allowed and paid from this item. `tc1 4510-0607 `tc4 For the initial cost of an urea foam formaldehyde insulation program `tc6 $50,000 `tc1 4512-0200 `tc4 For the administration of the division of alcoholism; provided, that not less than two hundred thousand dollars shall be obligated for a program to reduce the incidence of alcohol use and abuse among pregnant women, including not more than eleven permanent positions and eighteen temporary positions; provided further, that not less than fifty thousand dollars to expire no later than June thirtieth, nineteen hundred and eighty-seven shall be obligated for an immigrant alcoholism program. `tc1 4513-1005 `tc4 For a medical services program to be administered by the department of public health for pregnant women residing in the commonwealth who would otherwise be eligible for medical assistance pursuant to chapter one hundred and eighteen E of the General Laws, but for excess income, and who lack health insurance or whose health insurance does not cover the pregnancy related services as described below; provided, that the countable income of such pregnant women may not exceed such standards for eligibility as are established by the department; provided further, that such standards shall be one hundred and eighty-five per cent of the non-farm income poverty guidelines prescribed by the United States Office of Management and Budget; provided further, that no persons eligible under medical assistance pursuant to chapter one hundred and eighteen E of the General Laws shall be served through this program; provided further, that medical assistance furnished pursuant to this section shall be limited to medically necessary care and services related to pregnancy, delivery and childbirth, and post-partum obstetric and gynecological care and services; 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; provided further, that funds appropriated in this item shall constitute the sole obligation of the commonwealth to meet the costs of said services and that the entitlement provisions of the medical assistance program shall not apply to the program authorized in this section; provided further, that there shall be no expenditures from this item until a report has been filed with the house and senate committees on ways and means which shall include but not be limited to 1) the number of recipients served by the program to date, 2) service site, average cost, insurance status, employment status and marital status of recipients, 3) the administrative standards of the program including plans for improved screening for medicaid eligibility, 4) the need for such a program in light of medicaid eligibility changes, free care and bad debt agreements with hospitals and community health centers, and physician rate increases, and 6) the effect of such eligibility and reimbursement changes on projected and actual caseload increases `tc6 $6,360,000 `tc1 4513-1006 `tc4 For a hospice program for children, provided, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $25,000 `tc1 4516-1000 `tc4 For the administration of the center for the 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 and ninety-five permanent positions and fifty-one temporary positions and provided further, that certain prior years obligations incurred in appropriation account 4512-0100 amounting to five hundred and forty dollars 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; and provided further, that of the amount appropriated herein, two hundred thousand dollars in the "15" subsidiary, so called, shall expire on June thirtieth, nineteen hundred and eighty-seven. `tc1 4536-0999 `tc4 For the payment of a certain court judgment entered in Middlesex superior court, civil action number 82-5432 `tc6 $40,000 `tc3 DEPARTMENT OF MENTAL HEALTH. `tc1 5011-0000 `tc4 For administration, except as otherwise provided, for the boarding out of children, as provided in chapter one hundred and twenty-three of the General Laws, with the consent of the parent or guardians; provided, that the position of assistant to the commissioner of mental health (executive in mental retardation) shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that from the funds appropriated herein not more than two hundred thousand dollars shall be expended for the development of individual service plans; provided further, that not more than four hundred thousand dollars shall be expended for the monitoring and evaluation of the implementation of said plans; and provided further, that not less than one million one hundred and thirty thousand dollars shall be obligated for data processing services and equipment for such services, including not more than one hundred and fifty-one permanent positions and not more than one hundred and thirteen temporary positions; and provided further, that certain prior years expenses in an amount not exceeding eighty-one thousand dollars shall be allowed and paid from this item `tc6 $81,000 `tc1 5011-0017 `tc4 For new community systems, provided, however, that no funds may be expended from this item for a medium secure treatment center located on the grounds of Taunton state hospital; provided that not less than one million seven hundred thousand dollars shall be obligated for programs for the mentally ill and retarded homeless citizens of the commonwealth; provided further, that not more than five million nine hundred fifty thousand and thirty-five dollars shall be expended on programs and community placement required by the Brewster consent decree; provided further, that not less than one hundred ninety thousand dollars shall be obligated for the Mill Pond development for geriatric mentally ill in Littleton; provided further, that not less than three hundred and twenty thousand dollars shall be obligated for new community programs for the chronically mentally ill; and, provided further, that not less than three hundred and seventy thousand dollars shall be obligated for initiation and expansion of social clubs; provided further, that not more than one hundred thousand dollars shall be obligated for mental health clinical services for Hispanic clients; provided further, that the appropriation in this item shall be available for use during fiscal year ending June thirtieth, nineteen hundred and eighty-seven `tc6 $345,000 `tc1 5011-0993 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 48393 `tc6 $6,000 `tc1 5011-0994 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 47222 `tc6 $1,000 `tc1 5351-0999 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 52195 `tc6 $70,000 `tc2 Region Three. `tc1 5377-0100 `tc4 For the maintenance of the Charles V. Hogan regional center and the John T. Berry rehabilitation center, including not more than four hundred and sixty-five permanent positions and not more than three hundred and seventy-eight temporary positions, prior appropriation continued `tc6 $26,000 `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 one thousand eight hundred and eighty-nine dollars be allowed and paid from this item for certain damages sustained to equipment owned and leased to the commonwealth by Sani-Tech Co., and that two hundred and nineteen dollars be allowed and paid from this item for certain damages sustained to clients' personal funds while in custody of the W.E. Fernald state school. `tc2 Region Five. `tc1 5545-0000 `tc4 For the administration of region five, including not more than three hundred and ninety-five permanent positions and not more than fifty temporary positions `tc6 $65,000 `tc2 Region Six. `tc1 5652-0100 `tc4 For the maintenance of the Dr. Solomon Carter Fuller mental health center, including not more than one hundred and forty-seven permanent positions and not more than one hundred and fifty-eight temporary positions `tc6 $228,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `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; and provided further, that an amount not to exceed twenty thousand dollars shall be allowed and paid for certain salary adjustments incurred in prior fiscal years, granted by grievance decisions or agreements between the office of employee relations and the appropriate unions; including not more than two thousand eight hundred and sixty permanent positions and five hundred and fifty-eight temporary positions. `tc2 Administrative and Engineering Expenses. `tc1 6020-2591 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 46478 `tc6 $800 `tc1 6020-2592 `tc4 For the payment of a certain court judgment entered in Hampden superior court, civil action number 83-890 `tc6 $405 `tc1 6020-2593 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 57053 `tc6 $186 `tc1 6020-2594 `tc4 For the payment of a certain settlement agreement, pursuant to the provisions of section five of chapter two hundred and fifty-eight of the General Laws `tc6 $19,900 `tc3 EDUCATION. `tc2 Libraries. `tc1 7000-9402 `tc4 For the purpose of a talking book library; provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $69,000 `tc5 Local Aid Fund 100.0% `tc3 DEPARTMENT OF EDUCATION. `tc2 Board of Education and Commissioners' Office. `tc1 7010-0015 `tc4 For the administration of a pilot School and Pupil-Based Information Network (SPIN) to implement the data collection and analysis requirements of chapter one hundred and eighty-eight of nineteen hundred and eighty-five and to allow timely access to the data by local school districts and other authorized users; provided, that the commissioner of education shall file a report with the house and senate committees on ways and means on or before January first, nineteen hundred and eighty-seven, detailing the results of said pilot program; provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $150,000 `tc1 7010-0045 `tc4 For a program by the department of education's bureau of equal education opportunity for cities, towns or regional school districts which have been designated by the board of education as districts of extreme critical need for fiscal year nineteen hundred and eighty-six under the provisions of section four of chapter three hundred and ninety-four of the acts of nineteen hundred and eighty-four; provided, that the program shall be for the cost of assessing and evaluating the structure, racial balance, and quality of educational programs within said city, town or regional school district and to implement the recommendations, if any, of said assessment; provided further, that districts so designated by said board which have had grants approved by said board in fiscal year nineteen hundred and eighty-six under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight or who have completed similar comprehensive educational assessments, as determined by the board of education, within the preceding three years of the effective date of this act shall be ineligible for the program funded herein; provided however, that said bureau shall contract with an independent, non-state agency to do said assessment and said bureau shall be authorized to create programs in said cities, towns or regional school districts as called for in said assessment to fulfill its recommendations; provided further, that any participants in said program under this appropriation shall cooperate with the bureau of equal education opportunities within the department of education in performing said assessment and in creating any new programs with funds appropriated herein; provided further, that said bureau shall file quarterly reports with the house and senate committees on ways and means detailing the progress of said assessments and programs; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tc1 7010-0999 `tc4 For the payment of certain settlement agreements, pursuant to the provisions of section five of chapter two hundred and fifty-eight of the General Laws `tc6 $30,000 `tc1 7039-0100 `tc4 For the expenses and operational support of adult literacy programs; provided that, the Adult Literacy Services be administered through the Commonwealth's Service Delivery Area System; and provided further that, the programs serve employed as well as unemployed adults, at least fifty per cent of whom have less than sixth grade language and math competence; and provided further that, these programs include those sponsored by community based organizations, city based organizations, local educational agencies, correctional facilities, unions and employers; and provided further that, not less than eight hundred and fifty thousand dollars of the amount appropriated herein shall be expended for the Boston Adult Literacy Initiative programs; provided, further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $2,000,000 `tc1 7061-0003 `tc4 For the reimbursement of regional school districts of the amount of school aid due under the provisions of section sixteen D of chapter seventy-one of the General Laws; provided, that notwithstanding any provisions of chapter seventy-one or any other general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein; provided, further, that notwithstanding any general or special law to the contrary, one million seven hundred thousand dollars of this appropriation shall be distributed among those regional school districts receiving a lesser amount of school aid pursuant to chapter seventy of the General Laws in fiscal year nineteen hundred and eighty-six than the amount received in fiscal year nineteen hundred and eighty-three; provided, further, that the distribution to each eligible regional school district from said one million seven hundred thousand dollars shall be in the same proportion as their reduction is to the total reduction of all regional school districts, as certified by the commissioner of education; provided, further, that such distribution shall not exceed the difference between the fiscal year nineteen hundred and eighty-three and fiscal year nineteen hundred and eighty-six chapter seventy distribution to eligible regional school districts; and provided, further, that no regional school district shall receive less under the provisions of section sixteen D of chapter seventy-one of the General Laws in fiscal year nineteen hundred and eighty-six than it received in fiscal year nineteen hundred and eighty-five `tc6 $37,620 `tc5 Local Aid Fund 100.0% `tc3 BOARD OF REGENTS. `tc2 Compact for Education. `tc1 7066-0099 `tc4 For the payment of a certain court judgment entered in Bristol superior court, civil action number 13257 `tc6 $18,500 `tc1 7070-0065 `tc4 For scholarship programs, as provided in section seven of chapter fifteen A of the General Laws, chapter seven hundred and twelve of the acts of nineteen hundred and sixty-six and section seven B of chapter sixty-nine of the General Laws including expenses for the last two prior fiscal years, as well as for senatorial honor scholarships and a statewide program in consortium scholarships to provide an opportunity for pursuing programs in the private sector that are not presently available in the public sector; provided, that all applicants for such consortium scholarships must be approved by the board of regents and be subject to the rules and regulations with respect to eligibility as established by said board; provided further, that not less than fifty-two million nine hundred and thirty thousand dollars shall be obligated for the state scholarship program; provided, further, that not less than nine million two hundred and twenty-five thousand dollars shall be obligated for the program of matching scholarship grants known as the Carl J. Gilbert Matching Scholarship grant program, with funds to be apportioned according to amounts appropriated for each fiscal year; provided, further, that students receiving said matching scholarship grants shall be eligible for additional scholarship assistance provided by the commonwealth; provided, further, that not less than eight million eight hundred and forty-five thousand dollars in the aggregate shall be obligated for the purposes of the Massachusetts graduate scholarship grant program, the Massachusetts educational employment program, the Massachusetts adult learners program, the Massachusetts low interest student education loan program, the commonwealth scholars program, and the Massachusetts teacher incentive program; provided, further, that not less than four million dollars shall be obligated for a scholarship program for needy Massachusetts part-time undergraduate students; provided, further, that the board of regents shall establish policies and regulations relating to the scholarship program for needy Massachusetts part-time undergraduate students; provided that the board of regents shall develop an indexing system, so-called, for general scholarship awards, said system to be reviewed and approved by said board and to be utilized subject to the approval of the house and senate committee on ways and means in the granting of general scholarship awards for expenditure in fiscal year nineteen hundred and eighty-eight; provided further, that the board of regents shall prepare a report on the operation of the part-time scholarship program, including a description of the structure of the program and list of participating colleges and number of recipients and average award per recipient, said report to be submitted to the house and senate committees on ways and means by March fifteenth, nineteen hundred and eighty-seven; provided further, that the board of regents shall perform programmatic and financial auditing of the scholarship program and prepare a report including an analysis of the eligibility requirements for recipients and the role of participating colleges in supervising the adherence of recipients to the residency and economic need requirements as established in conjunction with the scholarship programs, said report to be submitted to the house and senate committees on ways and means by March fifteenth, nineteen hundred and eighty-seven; provided, further, that the limitations on the total amount of scholarships awarded to students of institutions of higher education supported by the commonwealth as set forth in section seven of chapter fifteen A of the General Laws shall not apply to scholarships awarded hereunder; and provided, further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $75,000,000 `tc1 7070-0066 `tc4 For a scholarship program for master of science degrees in nursing at non-public institutions of higher learning located within the commonwealth; provided that each said nursing scholarship shall provide seventy-five per cent of the total tuition cost of the specific institution to attain said degree provided, that the board of regents shall develop guidelines for said program including student residency requirements and the provisions of payback service to the commonwealth for recipients of said scholarships; provided further, that said guidelines shall be filed with the house and senate committees on ways and means before any of said scholarships are distributed to students; provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `tc1 7077-0023 `tc4 For the commonwealth's share of the development and operating costs of the Tufts School of Veterinary Medicine; provided, that not less than three million dollars shall be expended solely for supportive veterinary science services provided to the commonwealth pursuant to contracts entered into by the chancellor of the board of regents and said school and approved by the house and senate committees on ways and means; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $850,000 `tc1 7100-9505 `tc4 For one-time purchases to improve library collections necessary for graduate programs and research development at the University of Massachusetts, the University of Lowell and Southeastern Massachusetts University; provided, that notwithstanding any provision 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 this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $3,000,000 `tc1 7100-9600 `tc4 For a reserve for the purchase of educational equipment and supplies for academic program improvement within the system of higher education; provided that the board of regents of higher education shall allocate such funds in accordance with an allocation schedule approved by the house and seante committees on ways and means; and provided further, that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $3,000,000 `tc1 7105-0005 `tc4 For a reserve for the payment of prior years' obligations of a data processing system under the board of regents; provided, that no funds may be spent from the amount appropriated herein without the prior written approval of the house and senate committees on ways and means committees in accordance with a schedule filed by the chancellor of the board of regents; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $1,276,526 `tc1 7109-0999 `tc4 For the payment of a certain court judgment entered in Plymouth superior court, civil action number 81-13866 `tc6 $6,000 `tc1 7112-0999 `tc4 For the payment of a certain court judgment entered in United States district court, district of Massachusetts, civil action number 76-2149 Z `tc6 $2,873,971 `tc1 7118-0999 `tc4 For the payment of a certain court judgment entered in United States district court, district of Massachusetts, civil action number 81-412 N `tc6 $23,672 `tc1 7220-0003 `tc4 For the expenses of the Tsongas Industrial History Center, to be operated by the University of Lowell, provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $62,125 `tc1 7410-0101 `tc4 For the purchase of equipment for the program of animal diagnostic and control services at the University of Massachusetts; provided, that the dean of the College of Food and Natural Resources at the University of Massachusetts shall analyze the existing fee structure for such services and recommend a schedule of fees for such services, said schedule to be submitted to the commissioner of education and the house and senate committees on ways and means by December first, nineteen hundred and eighty-six; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $200,000 `tc1 7410-1103 `tc4 For the operation of a center for Rural Massachusetts to be based at the University of Massachusetts at Amherst, including not more than three positions; provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $75,000 `tc2 University of Lowell. `tc1 7411-1010 `tc4 For the purposes of repairs to cover damages to property and equipment as a result of a laboratory fire at the University of Massachusetts Medical School and a water main break at the University of Massachusetts Medical Center `tc6 $452,274 `tc1 7514-7800 `tc4 For the acquisition by purchase or otherwise and preparation of a certain parcel of land in the city of Springfield, county of Hampden, for the use of Springfield Technical Community College as a parking area; provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $1,540,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Massachusetts Criminal Justice Training Council. `tc1 8200-0200 `tc4 For the administration and operation of certain training programs to be conducted by the Massachusetts criminal justice training council, including not less than two hundred and eighty thousand six hundred and fifty-three dollars for the criminal justice training center in Agawam, not less than one hundred and forty thousand three hundred and fifty-four dollars for the northeast regional police institute, not less than one hundred seven thousand one hundred and fifty-nine dollars for the south suburban police institute, and not less than one hundred and twelve thousand sixty-four dollars for the southeastern regional criminal justice training center, including not more than seven permanent positions and thirty-five temporary positions, appropriation to expire June thirtieth, nineteen hundred and eighty-seven `tc6 $293,000 `tc2 Criminal Justice Training Council. `tc1 8200-0250 `tc4 For the administration of a crime prevention program encompassing support and services to assist various neighborhood crime watch programs through the local crime prevention offices, including not more than four temporary positions `tc6 $90,000 `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; provided that not less than one hundred thousand dollars shall be obligated for officers injured in the line of duty, including not more than one hundred and eighty-seven positions, appropriation to expire June thirtieth, nineteen hundred and eighty-seven. `tc6 `tc5 General Fund 15.0% Highway Fund 85.0% `tc1 8312-0996 `tc4 For the payment of a certain court judgment entered in Barnstable Superior Court, civil action number 40696 `tc6 $3,000 `tc1 8312-0997 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 65606 `tc6 $10,000 `tc3 Registry of Motor Vehicles. `tc1 8400-0001 `tc4 For the administration of the registry; provided that the positions of administrative assistant to the registrar, legislative assistants, executive assistant to the registrar, director of employee relations shall not be subject to civil service law and rules, including not more than nine hundred and thirty-nine permanent positions and one hundred and fourteen temporary positions `tc6 $1,738,070 `tc1 8400-0004 `tc4 For the expenses of making certain improvements to the electronic data processing system at the registry of motor vehicles, prior appropriation continued `tc6 $470,000 `tc1 8400-0017 `tc4 Special payments to the highway safety bureau - traffic records file `tc6 $8,000 `tc2 Committee on Criminal Justice. `tc1 8600-0001 `tc4 For the administration of the Committee on Criminal Justice including not more than fifteen positions, provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $136,886 `tc3 MILITARY DIVISION. `tc2 Adjutant General. `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 $54,000 `tc2 State Quartermaster. `tc1 8700-1110 `tc4 For the operation of armories of the first class; provided that, notwithstanding any law to the contrary, all revenue in an amount not to exceed four hundred thousand dollars, received from fees paid for the non-military rental or use of said armories may be expended without further appropriation, subject to the approval of the state quartermaster and the state comptroller, for the cost of energy audits for said armories, for the cost of a study for improvements in the fee rental structure used at said armories, for the cost of utilities and maintenance and for the implementation of energy conservation measures with regard to said armories; provided further, the state quartermaster shall report quarterly to the house and senate committees on ways and means the income derived from such rentals and funds expended for the cost of utilities and maintenance and for the implementation of energy conservation measures, including not more than seventy-one permanent positions and four temporary positions `tc6 $6,782 `tc1 8700-1410 `tc4 For certain storage and maintenance facilities, including not more than twenty-two permanent positions `tc6 $10,000 `tc1 8700-1601 `tc4 For preparations for the celebration of the 350th anniversary of the Massachusetts National Guard `tc6 $30,000 `tc2 Civil Defense Agency. `tc1 8800-0002 `tc4 For the service of the civil defense agency non-matching fund program; provided however, that from the appropriated herein not less than one hundred four thousand dollars shall be expended to provide fuel, insurance, equipment, maintenance and miscellaneous expenses to sustain the operation of the Massachusetts Civil Air Patrol relating to aerial surveillance duties of Massachusetts land and water areas to monitor for environmental pollution discharges, toxic waste dumps, transportation of hazardous materials and wastes and accidents involving said transport, in conjunction with the responsible agency insofar as is practicable, including not more than one temporary position; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $20,782 `tc1 8800-0013 `tc4 For a hazardous material emergency response vehicle for the metro fire district `tc6 $85,000 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-0110 `tc4 For the expenses of the centers of excellence corporation; provided that not less than three hundred thousand dollars of the amount appropriated herein shall be obligated for shared equipment and facility expenses; provided, further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $300,000 `tc1 9000-1700 `tc4 For the expenses of the reemployment assistance programs as specified in section seventy-one D of chapter one hundred and fifty-one A of the General Laws, provided that not less than one hundred and ten thousand dollars be obligated for a study to determine the feasibility of maintaining the economic viability and employment of the Fore River Shipyard located in Quincy, prior appropriation continued `tc6 $35,000 `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 $2,500,000 `tc2 Division of Economic Development. `tc1 9091-0400 `tc4 For expenses and operational support of industrial advertising, promotion, public relations and economic development expenses such as telephone, telegraph, freight costs, postage, printing, duplication expenses, photographic services, preparation of industrial development literature, preparation of industrial exhibits for conventions and trade shows, in-state and out-of-state travel to promote industrial development, attendance at major industrial convention and trade shows, and related costs; not including vacation travel and not including salaries or wages of employees; provided, that all industrial advertising, promotion, public relations and economic development activities carried on pursuant to this item shall wherever possible stress the substantial skills, training and educational resources of the commonwealth and the purpose and resources of the commonwealth's Bay State Skills Corporation; and provided, further, that the department of commerce shall work in close cooperation with the Bay State Skills Corporation in this regard; and subject further to the condition that the commissioner shall file with the house and senate committees on ways and means a quarterly report of itemized expenditures in the eleven subsidiary (advertising and printing) provided, further, that no funds appropriated herein shall be used for the maintenance and administration of the department; provided, further, that not more than forty-five thousand dollars shall be expended to advertise and promote the use of railroad freight service with the commonwealth; provided, further, that not less than one hundred and twenty-five thousand dollars of the amount appropriated herein shall be obligated for the support of programs operated by a farm worker's organization serving low income people and the Hispanic population of Western Massachusetts; and provided further, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $375,000 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc2 Office of the Secretary. `tc1 9110-1075 `tc4 For grants to Area Agencies on Aging for social and nutritional services to be in addition to funding received under Title III of the Older Americans Act; provided that expenditures for the purposes of this item shall be only for eligible services as authorized under Title III of the Older Americans Act provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $900,000 `tc1 9110-1635 `tc4 For a demonstration grant program in Fall River to provide twenty-four hour in-home medical and social assessment services and crisis intervention to elders in need and to elderly patients recently discharged from acute facilities; provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $130,000 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Office of the Secretary. `tc1 9200-0200 `tc4 For a reserve for the implementation of a program designed to prevent the occurrence of medical malpractice and to improve the quality of health care `tc6 $250,000 `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; provided further, that a sum of seventy thousand dollars shall be expended for the purchase of data processing equipment and softwear to ensure the efficiency, legitimacy and integrity of the racing industry; provided that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $112,342 `tc3 DEPARTMENT OF BANKING AND INSURANCE. `tc2 Division of Insurance. `tc1 9222-0999 `tc4 For the payment of a certain court judgment entered in Suffolk superior court, civil action number 47756 `tc6 $45,629 `tc2 Division of Registration. `tc1 9230-0001 `tc4 For the administration of the division; provided, that the position of investigator of radio-television technicians shall not be subject to chapter thirty-one of the General Laws; provided, however, that no fewer than nine positions shall be located in the western Massachusetts office, including not more than two hundred and ninety-six permanent positions and two temporary positions `tc6 $275,000 `tc3 EXECUTIVE OFFICE OF ENERGY RESOURCES. `tc1 9300-0003 `tc4 For the administration of the executive office of energy resources, provided that an amount not less than one hundred sixty-one thousand and two hundred dollars be obligated for an energy forecasting program, including not more than one permanent position and twenty-five temporary positions, provided, that this appropriation shall expire June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tc3 EXECUTIVE OFFICE OF LABOR. `tc1 9400-0101 `tc4 For the development and administration of a labor museum; provided that this appropriation shall expire on June thirtieth, nineteen hundred and eighty-seven `tc6 $50,000 `tcol;end

SECTION 2A. For the purpose of making available for expenditure in the fiscal year nineteen hundred and eighty-seven certain balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and eighty-six, the unexpended balances of the items shown below are hereby reappropriated for the fiscal year nineteen hundred and eighty-seven. `tuc 0121-9000 0122-0000 0125-0000 0125-0030 0127-0000 0144-0000 0185-7802 0330-0300 0330-2800 0331-3300 0332-8811 0332-8812 0337-0100 0340-0100 0340-0500 0431-1112 0431-8811 0511-8811 0526-0200 1100-1560 1100-1561 1100-8751 1100-8757 1100-8758 1100-9510 1102-3210 1102-3915 1102-8773 1102-8784 1102-8785 1102-8791 1102-8792 1102-8793 1102-8796 1102-8801 1102-8804 1102-8812 1102-8813 1102-8814 1102-8815 1102-8816 1102-8817 1102-8818 1102-8819 1102-9792 1102-9801 1102-9802 1102-9805 1107-1000 1599-2025 1599-2038 1599-2056 1599-3223 1599-3396 1599-3415 1599-3503 1599-3504 1599-3510 2000-0300 2100-0105 2120-0315 2120-0400 2120-0510 2120-0904 2120-1507 2120-1700 2120-8802 2120-8803 2120-8805 2120-8807 2120-8812 2120-8814 2120-8815 2130-8772 2150-0350 2150-0502 2150-0503 2150-0504 2150-0506 2150-0508 2150-0509 2150-0510 2150-0520 2150-0523 2150-0527 2150-0529 2150-0531 2150-0534 2150-0536 2150-0537 2150-0538 2150-0560 2150-0570 2150-0573 2200-0198 2240-0500 2240-8801 2250-0904 2250-0905 2250-0906 2250-0908 2250-0910 2250-1001 2250-1010 2270-0522 2270-8771 2270-8772 2270-8773 2270-8775 2270-8791 2270-8807 2270-8811 2270-8812 2270-8813 2270-8815 2270-8816 2270-8817 2270-8818 2310-0311 2320-8791 2320-8813 2320-9812 2350-0100 2410-8801 2410-8802 2420-1400 2440-0030 2440-0900 2440-8773 2440-8776 2440-8787 2440-8796 2440-8797 2440-8798 2440-8802 2440-8803 2440-8804 2440-8806 2440-8812 2440-8813 2440-8816 2440-8817 2440-8819 2440-8838 2440-9812 2440-9813 2440-9814 2440-9850 2444-8812 2444-9014 2444-9015 2444-9016 2449-7260 2449-7350 2449-8754 2449-8755 2449-8791 2511-8812 2518-3000 2518-4000 2518-5000 2611-8751 2681-9029 2685-9050 3722-9015 3722-9111 3724-9001 3724-9002 4000-0510 4000-0780 4000-9002 4120-0071 4180-8785 4190-8811 4202-8811 4224-8781 4224-8791 4311-0100 4311-8811 4313-8811 4314-8812 4315-8811 4316-8801 4316-8811 4316-8812 4316-8813 4343-8811 4345-8811 4346-8801 4348-8801 4348-8811 4348-8812 4510-0607 4513-1005 4516-8801 4531-8801 5011-8752 5011-8771 5011-8772 5011-8781 5011-8791 5011-8801 5011-8802 5011-8811 5011-8812 5191-8801 5294-8772 5294-8781 5295-8801 5471-8801 5481-8801 5491-8721 5495-8811 5561-8721 5581-8801 5593-8781 5651-8811 5700-8802 5897-8811 6000-3025 6000-3030 6000-3500 6000-3510 6000-3520 6004-8753 6004-8756 6005-0027 6006-1011 6006-8735 6020-2502 6030-7603 6030-7605 6032-4030 6032-4037 6032-4038 6032-7000 6034-0001 6034-0008 6034-0010 6034-0011 6034-0014 6130-7302 7061-0003 7070-8811 7070-8812 7111-8801 7114-8721 7114-8801 7115-8801 7116-8801 7220-0007 7220-8801 7220-8802 7220-8803 7410-8772 7410-8774 7410-8781 7410-8783 7410-8791 7410-8812 7410-8846 7416-8811 7416-8812 7490-8657 7490-8692 7490-8712 7504-8801 7504-8811 7505-8802 7506-8771 7514-8811 8000-0104 8000-0165 8000-2170 8200-0250 8312-0100 8400-0004 8400-0100 8400-8811 8500-0001 8600-0001 8700-0200 9222-0115 9300-2801 9300-3901 9300-3902 9413-0100 9430-0100

SECTION 2B. For the purpose of making available for expenditure in the fiscal year nineteen hundred and eighty-seven certain balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and eighty-six, the unexpended balances of the items shown below are hereby reappropriated for the fiscal year nineteen hundred and eighty-seven, provided, that the unexpended balances in any other items of appropriation included by reference in the accounts listed below are not reappropriated. `tuc `ts3 1102-8771 1102-8777 1102-8797 1102-8806 2030-8811 2120-8774 2120-8775 2120-8777 2120-8781 2120-8782 2120-8791 2120-8797 2130-8771 2440-8793 2440-8794 2681-8751 4315-8792 4532-8791 4532-8792 4533-8791 4535-8791 4537-8791 4537-8792 5163-8741 5164-8741 5181-8741 5181-8781 5191-8741 5293-8791 5391-8771 5766-8741 6059-0000 7109-8791 7110-8723 7114-8791 7114-8802 7116-8751 7410-8784 7416-8801 7490-8702 7490-8706 7490-8721 7490-8722 7490-8751 7490-8753 7503-8751 7503-8791 7507-8791 7509-8721 7512-8751 `ts 7514-8751

SECTION 3. The department of correction may expend funds appropriated in item 4349-0008 in section two of this act to lease modular building units, hereinafter "the units," and to undertake related site and utility services projects, to house state and county inmates and provide program space as determined appropriate by the commissioner of correction in consultation with the sheriff of the county where a unit is to be located. The units shall be located on property made available for that purpose by the county commissioners of the county where a unit is proposed to be located. The specifications for the lease of the units and the site and utility services projects related thereto, shall be subject to the review and approval of the division of capital planning and operations. The specifications for the lease shall be advertised pursuant to the procedures required by section forty-four J (1) of chapter one hundred and forty-nine of the General Laws. This section shall expire June thirtieth, nineteen hundred and eighty-seven.

SECTION 4. The department of correction is hereby authorized to assume control and management over certain buildings and the lands appurtenant thereto located at the former Lancaster School for Girls, currently used by a vendor providing youth services to state agencies, and may use those lands and buildings for correctional purposes as determined appropriate by the commissioner of correction. This section shall expire June thirtieth, nineteen hundred and eighty-seven.

SECTION 5. As of June thirtieth, nineteen hundred and eighty-six the comptroller shall transfer from the General Fund to the Highway Fund the amount of the Highway Fund deficit, if any, for the fiscal year nineteen hundred and eighty-six.

SECTION 6. As of June thirtieth, nineteen hundred and eighty-six the comptroller shall transfer from the General Fund to the Local Aid Fund the amount of the Local Aid Fund deficit, if any, for the fiscal year nineteen hundred and eighty-six.

SECTION 7. During the fiscal years nineteen hundred and eighty-six and nineteen hundred and eighty-seven, notwithstanding the provisions of any general or special law to the contrary, payments for the fiscal year nineteen hundred and eighty-six and prior fiscal years cost of certain personnel classification appeals, approved and granted by the personnel administrator in accordance with the provisions of section forty-nine of chapter thirty of the General Laws as amended, the cost of certain classification requests recommended by the personnel administrator in accordance with the provisions of section forty-five of chapter thirty of the General Laws as amended and the cost of certain salary adjustments established under the provisions of section five of chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty-four may, at the discretion of the commissioner of administration, be charged to items of appropriation for the fiscal years nineteen hundred and eighty-six and nineteen hundred and eighty-seven.

SECTION 8. The board of trustees of the University of Massachusetts is hereby authorized and directed to take any and all actions which may be necessary to implement no later than July fifteenth, nineteen hundred and eighty-six the vote by which it conditionally approved the making available of a certain parcel of land under the control of the University of Massachusetts at Boston and located in the vicinity of Morrissey Boulevard in the Dorchester section of the city of Boston to the Dorchester Chapter of the Vietnam Combat Veterans Combined Armed Forces for the purposes of the erection and maintenance of a memorial to veterans of the Vietnam war by said organization.

SECTION 9. Upon petition of a nursing home which (1) receives reimbursement under chapter one hundred and eighteen E of the General Laws, and (2) has more than seventy-five per cent of the persons in its patient population receiving benefits under said medical assistance program at the time of petition, the rate setting commission shall, in determining the interim rate for said nursing home, allow a six per cent increase in fiscal year nineteen hundred and eighty-seven in allowable operating costs for the wages of nurses aides, laundry, dietary and housekeeping personnel exclusively. Such increase shall be in addition to other authorized increases to such interim rates, including any adjustments for the rate of inflation, and notwithstanding any ceiling or cap on interim rate adjustments. Said increase shall be adjusted to reflect actual costs for wages of nurses aides, laundry, dietary and housekeeping personnel for the establishment of final rates. Said increase shall be provided only in accordance with federal law and in such manner as shall be fully reimbursable by the federal government at the medical assistance rate. The rate setting commission is hereby authorized to establish procedures for filing said petitions.

SECTION 10. There is hereby established within, but not subject to the control of, the executive office of human services, a disabled persons protection commission, consisting of three persons appointed by the governor. Said commission shall establish standards and procedures for the prompt implementation of a system of investigation and remediation of instances of abuse and neglect of disabled persons. For purposes of this section, the term "disabled person" shall mean a person between the ages of eighteen to fifty-nine, inclusive, who is mentally retarded or who is otherwise mentally or physically disabled and as a result of such disability is wholly or partially dependent on others to meet his or her daily living needs. Such standards and regulations shall include, but not be limited to, provisions to assure that all appropriate agencies within said executive office shall: furnish protective services to persons found by such agencies or said commission to have been abused or neglected; cooperate fully with said commission in the course of its investigations of instances of abuse or neglect alleged to have occurred in programs or facilities maintained by or pursuant to contracts with such agencies; provide for prompt investigation and remediation of instances of abuse alleged to have occurred to disabled persons whose caretaker is other than a state agency, which have been referred by the commission for investigation by such agencies; prohibit any discrimination or retaliation against any person who cooperates with said commission or said agencies in the course of an investigation; require the reporting of alleged instances of abuse and neglect of disabled persons to the commission; and implement any recommendations by said commission upon conclusion of an investigation, including recommendations relative to discipline of employees, termination of contracts or other measures deemed necessary to prevent re-occurrence of abuse or neglect in programs or facilities maintained or supported by such agencies. Said commission shall have the authority to hire staff, enter into contracts, require the reporting of abuse and neglect of disabled persons, conduct investigations, require remedial action, and take such other action as is necessary to protect disabled persons from abuse and neglect. A copy of said standards and regulation shall be forwarded to the joint committee on human services and elderly affairs and to the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and eighty-six.

SECTION 11. Any individual who has not attained the age of nineteen or any mentally ill individual between the ages of nineteen and twenty-two, who is receiving structured services pursuant to chapter seventy-one B of the General Laws, shall not be confined or allowed to reside in any mental health hospital or inpatient unit of a state funded mental health clinic under the direction and control of the department of mental health unless such individual is housed within a separate unit with individuals of the same age grouping.

SECTION 12. The commissioner of the department of mental health shall, subject to appropriation, develop and implement a procedure to identify all patients in state mental health facilities who require intermediate nursing services, skilled nursing services, chronic disease hospital services, or rehabilitation hospital services, as defined in the regulations promulgated by the department of public welfare, regardless of any patient's needs to have such services provided in an institutional setting.

Said procedure shall require that such patients be identified during the admission examination, during the periodic examination, and on an ongoing basis, and that, upon identification, a report be made to the commissioner, who shall keep ongoing statistics regarding such patients.

The department of mental health shall provide an individual service plan for every patient so identified within thirty days of identification, which shall be written pursuant to the standards and procedures set out in the rules and regulations of said department, relative to the standards by which an individual may request and receive mental health services and which shall note each of the patient's physical health care needs.

Said department shall identify all such patients currently residing in state mental health facilities and provide identified patients with individual service plans by July first, nineteen hundred and eighty-seven.

Said commissioner shall complete a comprehensive statewide plan to provide appropriate service to identified patients, based on an analysis of the service recommendations made in said individual service plans.

The comprehensive statewide plan shall assure that such services are provided in the most age-appropriate, and disability-appropriate settings, consistent with the mental health needs of patients.

Said commissioner shall fully implement the provisions of the comprehensive statewide plan by January first, nineteen hundred and eighty-eight.

SECTION 13. Notwithstanding any general or special law to the contrary, no adjustment or withholding of funds from the Nauset Regional School District or from the Hampshire Regional School District on account of monies paid to said districts pursuant to section sixteen D of chapter seventy-one of the General Laws for the fiscal year nineteen hundred and eighty-five shall be made during the fiscal year nineteen hundred and eighty-six; provided, however, that said regional school districts shall each repay any amounts overpaid by the commonwealth for said fiscal year nineteen hundred and eighty-five in equal installments over a period of five years commencing with the distribution of regional school aid, pursuant to said section sixteen D, for the fiscal year nineteen hundred and eighty-seven.

SECTION 13A. Section 37 of chapter 732 of the acts of 1981 is hereby amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) the construction of a sidewalk along the north side of Varnum Avenue running from the Lowell general hospital to Trotting Park road in the city of Lowell;.

SECTION 14. Item 2440-0029 of section 2 of chapter 234 of the acts of 1984 is hereby amended by inserting after the word "fabrication", inserted by section 3 of chapter 142 of the acts of 1986, the words:- throughout the MDC district.

SECTION 15. Items 2520-0300 to 2520-1500, inclusive, of section 2 of chapter 140 of the acts of 1985, as amended by chapter 206 of the acts of 1986, is hereby further amended by striking out the last two paragraphs and inserting in place thereof the following two paragraphs:-

`tcol=1;c1=15,49,tu `tc1 Mosquito and Greenhead Fly Control Fund 50.0% Local Aid Fund 50.0% `tcol;end

SECTION 16. Section 46 of chapter 30 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out paragraph (12) and inserting in place thereof the following paragraph:-

(12) Notwithstanding the provisions of any general or special law to the contrary, no employee shall receive compensation from any agency, department, commission, board or other undertaking of the commonwealth if said employee is also a non-elected employee of a county and would receive compensation from such county in excess of twenty thousand dollars. Any employee covered by the provisions of this paragraph shall have thirty days prior to separation from the payroll of the commonwealth within which to resign from the employ of each county.

SECTION 17. Section 98 of chapter 276 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by adding the following paragraph:-

There shall be an associate commissioner of probation who shall have at least fifteen years experience as a probation officer, five of which shall be as a chief probation officer in a court in the commonwealth having twenty or more probation officers. He shall be appointed by the chief administrative justice, upon the recommendation of the commissioner of probation.

SECTION 18. This act shall take effect as of June thirtieth, nineteen hundred and eighty-six.