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 new activities and projects, the sums set forth in sections two, three, and four for the several purposes and subject to the conditions specified therein are hereby appropriated from the General Fund unless specifically designated otherwise in the items, subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight, for the fiscal year ending June thirtieth, nineteen hundred and eighty-nine 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=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc3 JUDICIARY. `tc1 0321-0001 `tc4 For the expenses of the commission on judicial conduct `tc6 $25,000 `tc2 Public Counsel Services. `tc1 0321-1500 `tc4 For the committee for public counsel services as authorized by chapter two hundred and eleven D of the General Laws, including not more than two hundred and twenty-seven positions `tc6 $4,843,803 `tc3 SECRETARY OF THE COMMONWEALTH. `tc1 0521-0000 `tc4 For preparing, printing and distributing ballots and other miscellaneous expenses for primary and other elections `tc6 $220,000 `tc3 TREASURER AND RECEIVER-GENERAL. `tc1 0611-5800 `tc4 For distribution to 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-eight; and provided further, that no city or town shall receive more than the amount so certified for that city or town `tc6 $58,503 `tc5 Local Aid Fund 100.0% `tc2 Debt Service. `tc1 0699-9100 `tc4 For the payment of interest and issuance costs of notes pursuant to section forty-nine B of chapter twenty-nine of the General Laws; provided, that the comptroller shall charge the various funds of the commonwealth in conformance with legislation authorizing the sale of said notes or bonds so as to reflect actual expenditures from this appropriation `tc6 $43,177,524 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc1 1108-3200 `tc4 For the purposes of the commonwealth's contributions for the fiscal year nineteen hundred and eighty-nine to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that said contributions shall be calculated as provided in the applicable collective bargaining agreement, and shall be paid to such trust funds on a monthly basis, or on such basis as the applicable collective bargaining agreement provides `tc6 $250,000 `tc2 Group Insurance Commission. `tc1 1108-5200 `tc4 For the commonwealth's share of the group insurance premium; provided, that not more than one hundred and seventy-five thousand dollars shall be obligated for the audit of said premium; provided further, that the budget bureau 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 payment of all such charges of such transfers shall be credited to the General Fund; provided further, 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; provided further, that the present level of health insurance coverage shall be maintained but shall not constitute payments in full of charges for health care services; provided further, that effective July first, nineteen hundred and eighty-six, said commonwealth's share of the group insurance as provided in section eight of said chapter thirty-two A shall be ninety percent of the total monthly premiums of rates as established by the commission effective July first, nineteen hundred and eighty-six; 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 the commission shall report quarterly with the house and senate committees on ways and means the expenditures from this item, said report shall detail separately the amount expended and type of health coverage for retiree members and active state employee members; provided further, that the commission is hereby directed to conduct or commission an actuarial valuation of the commonwealth's obligations for post-retirement health and insurance benefits, including without limitation the cost of premiums for such benefits, on behalf of current and retired employees of the commonwealth and their dependents and beneficiaries, provided such valuation shall include, without limitation, the following: the actuarial, economic, and demographic methods and assumptions employed therein, provided that the report of such valuation shall explain the reasons for any deviation in such methods and assumptions from generally accepted accounting standards, and the effect of any such deviation; the current and future normal cost of the commonwealth of such benefits, which shall be equivalent to that portion of the actuarial present value of such benefits, allocable to a particular fiscal year, and which shall be expressed both as a percentage of state payroll and in dollar amounts; the actuarial accrued liability of the commonwealth for such benefits; the unfunded actuarial accrued liability of the commonwealth for such benefits; and a projection of the commonwealth's annual obligation for such benefits, expressed both as a percentage of state payroll and in dollar amounts, for the period beginning on July first, nineteen hundred and eighty-eight and ending on June thirtieth, two thousand and twenty-seven; provided further that the commission shall make a report of said valuation by filing the same with the house and senate committees on ways and means on or before January first, nineteen hundred and eighty-nine; 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 actual cost of its share of group insurance premiums for the next fiscal year; provided further that notwithstanding the provisions of chapter six A of the General Laws or any other general or special law, commencing October first, nineteen hundred and eighty-eight, no health benefit plan offered by the commission shall be liable for any payments on behalf of persons enrolled in said plans to acute hospitals for uncompensated care, as provided in said chapter six A; provided further that for the purposes of section eighty-seven of said chapter six A and section fifteen of chapter one hundred and eighteen F of the General Laws, "private sector share" shall be defined so as not to include the share of costs incurred by the commission on behalf of persons enrolled in health benefit plans offered by the commission `tc6 $21,000,000 `tc1 1108-5400 `tc4 For the group insurance premium for certain retired municipal teachers and their dependents, and the audit of said premium; provided, 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 $1,533,547 `tc2 Public Employee Retirement Administration - Workers' Compensation. `tc1 1108-6200 `tc4 For the purposes of workers' compensation paid to public employees, including previous fiscal years `tc6 $2,000,000 `tc5 Highway Fund 35.0% General Fund 65.0% `tc2 Department of Revenue. `tc1 1201-0100 `tc4 For the administration of the department, including audits, of certain foreign corporations, and for the rental, maintenance and operation of offices to assist in the administration of the department, for the expenses of administering section forty-five A of chapter sixty-two C of the General Laws, for salaries and expenses of the wage reporting system; provided, that not less than one million three hundred thousand dollars be obligated for the expenses of the wage reporting system; provided further, that said department shall establish and maintain an office in the town of Greenfield, to be open not less than three days per week; provided further, that the comptroller shall transfer to the General Fund the sum of two hundred and sixty thousand dollars from the receipts of the cigarette tax in accordance with the provisions of paragraph (b) of section fourteen of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided further, that the department may allocate an amount not to exceed two hundred fifty thousand dollars to the department of the attorney general for the purpose of the tax prosecution unit, including not more than two thousand four hundred and ninety-three positions `tc6 $2,099,804 `tc5 Highway Fund 10.0% General Fund 90.0% `tc1 1201-0160 `tc4 For the administration of the child support enforcement unit, that the department may enter into contracts with private collection agencies for the purpose of obtaining collections from absent parents; provided further, that these funds may be used for special child support enforcement projects; provided further, that the department may allocate these funds to the division of state police, the district courts, the probate and family court department, the district attorneys, and other state agencies for the performance of certain child support enforcement activities, and that these agencies are hereby authorized to expend such amounts for the purposes of this item, including not more than six hundred and ninety-three positions, and provided further, that not less than forty-six positions shall be available to the district attorneys' offices; provided, however, that no employees transferred from said district attorneys' offices to the department of revenue shall lose any of the rights or privileges which they possessed as employees of said offices, provided that those rights and benefits are available to executive branch employees. `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, two hundred seventy-three thousand six hundred and seventy-six dollars; Berkshire, one hundred ninety-four thousand seven hundred and seventy-four dollars; Bristol, two hundred ninety-three thousand nine hundred and fifty dollars; Dukes, sixty-four thousand six hundred and forty-two dollars; Essex, four hundred nineteen thousand seven hundred forty-three dollars; Franklin, one hundred sixty-seven thousand eight hundred and one dollars; Hampden, three hundred ninety-six thousand five hundred and fifty-one dollars; Hampshire, one hundred seventy-five thousand two hundred and seventy dollars; Middlesex, six hundred twenty-three thousand seven hundred and sixty-five dollars; Nantucket, twenty thousand dollars; Norfolk, four hundred twelve thousand five hundred and thirty-one dollars; Plymouth, four hundred thirty-two thousand nine hundred and sixty-two dollars; Suffolk, three hundred ninety-nine thousand three hundred and twenty-eight dollars; Worcester, three hundred seventy-four thousand fifty-four dollars; provided further, that the commissioner of administration, upon agreement of the respective sheriffs, may adjust such amounts in such a fashion as is necessary to meet the actual cost of said transportation; 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 further, 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 as of June thirtieth, nineteen hundred and eighty-nine, shall be returned to the commonwealth `tc6 $50,000 `tc5 Local Aid Fund 100.0% `tc1 1599-3507 `tc4 For the reimbursement of insurance costs `tc6 $112,239 `tc1 1599-3620 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-nine and prior fiscal years' costs of salary adjustments and other employee economic benefits authorized by certain collective bargaining agreements, 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 agreements and to meet certain other payroll costs; provided, that the personnel administrator, with the approval of the secretary of administration and finance, 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, further that said secretary is hereby authorized to spend from the sum appropriated herein, and to transfer therefrom to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and eighty-nine where the amounts otherwise available are insufficient for the purpose, such amounts as are necessary to meet the cost of said adjustment and benefits; provided further, that said secretary 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 collective bargaining agreements, together with analyses 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, shall be filed with the house and senate committees on ways and means prior to the transfer or expenditure of any amounts necessary to meet the cost of said adjustments and benefits; provided further, that the provisions of section thirteen of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight shall not apply to this appropriation; and provided further, that no transfers shall be made as authorized herein without prior approval of the house and senate committees on ways and means. `tc1 1599-3623 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-eight and nineteen hundred and eighty-nine costs of salary adjustments authorized by a certain collective bargaining agreement between the commonwealth and the Suffolk county superior court officers' association; provided, that the secretary of administration and finance is hereby authorized to spend from the sum appropriated herein, and to transfer therefrom to other items of appropriation and allocations thereof from the fiscal year nineteen hundred and eighty-nine where the amounts otherwise available are insufficient for the purpose, such amounts as are necessary to meet the cost of said adjustment and benefits; provided further, that said secretary is authorized to allocate the costs 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 collective bargaining agreement, together with analyses 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 expenditure of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made as authorized herein without prior notification of the house and senate committees on ways and means `tc6 $267,000 `tc1 1599-3656 `tc4 For a reserve to meet the cost of salary adjustments and other employee economic benefits authorized by a certain supplemental agreement 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 supplemental agreement; provided that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and other economic benefits for "confidential" employees in accordance with the provisions of the supplemental agreement then in effect which would otherwise cover said positions; provided further, that said secretary 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-nine such amounts as are necessary to meet the costs of said adjustments and benefits for fiscal year nineteen hundred and eighty-nine where the amounts otherwise available are insufficient for the purpose; provided further, that said secretary 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 supplemental 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 as authorized herein without prior notification of the house and senate committees on ways and means `tc6 $2,813,263 `tc1 1599-3657 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-eight and nineteen hundred and eighty-nine costs of salary adjustments authorized by a certain collective bargaining agreement between the commonwealth and Massachusetts state college association/Massachusetts teachers' association; provided, that the secretary of administration and finance is hereby authorized to spend from the sum appropriated herein, and to transfer therefrom to other items of appropriation and allocations thereof from the fiscal year nineteen hundred and eighty-nine where the amounts otherwise available are insufficient for the purpose, such amounts as are necessary to meet the cost of said adjustment and benefits; provided further, that said secretary is authorized to allocate the costs 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 collective bargaining agreement, together with analyses 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 expenditure of any amounts necessary to meet the cost of said adjustments and benefits; and provided further, that no transfers shall be made as authorized herein without prior notification of the house and senate committees on ways and means `tc6 $514,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. DEPARTMENT OF FISHERIES, WILDLIFE AND ENVIRONMENTAL LAW ENFORCEMENT. `tc2 Division of Environmental Law Enforcement. `tc1 2350-0100 `tc4 For the administration of the division of environmental law enforcement; provided, that each county in the commonwealth shall be assigned at least one full time environmental officer, including not more than one hundred and sixty-eight positions `tc6 $146,752 `tc5 Inland Fisheries and Game Fund 12.7% General Fund 87.3% `tc1 2440-0015 `tc4 For the administration of the metropolitan district commission police division; for administration of the metropolitan district commission police southwest corridor park system and Franklin Zoological Park; 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 schedules approved by the house and senate committees on ways and means, a copy of which is on file with the personnel administrator, including not more than six hundred and thirty positions `tc6 $1,385,416 `tc5 Local Aid Fund 36.0% Highway Fund 64.0% `tc2 Construction Division. `tc1 2460-1000 `tc4 For the maintenance of the construction division; provided, that notwithstanding the provisions of any general or special law to the contrary, all officers and positions shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws, including not more than one hundred and thirty-one positions `tc6 $160,000 `tc5 General Fund 33.0% Highway Fund 67.0% `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3722-9027 `tc4 For contracts with sponsors of rental housing projects, financed through the agency established pursuant to chapter seven hundred and eight of the acts of nineteen hundred and sixty-six, for financial assistance in the form of a loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects pursuant to the provisions of section seven of chapter five hundred and seventy-four of the acts of nineteen hundred and eighty-three; provided, that pursuant to section twenty-seven of chapter five hundred and seventy-four of the acts of nineteen hundred and eighty-three, the department shall require that the sponsor of projects funded pursuant to this item make the maximum effort possible, to rent available units, other than the units reserved for low income persons and families, to moderate income persons or families; provided further, that the department shall, to the maximum extent possible, give priority for funding to projects which ensure that greater than twenty-five percent of the units in such projects will be occupied by persons and families who are, at the time of initial occupancy, of low income; provided further, that the department shall, to the maximum extent possible, give priority for funding to projects that provide the greatest number of three or more bedroom units in said project; provided further, that the department shall, to the maximum extent possible, give priority for funding to projects in economically distressed areas; provided further, that notwithstanding the provisions of section twenty-seven of chapter twenty-three B, or sections twenty-six and twenty-seven of chapter twenty-nine of the General Laws to the contrary, the department is hereby authorized to enter into such contracts for terms not exceeding fifteen years with annual payment obligations not to exceed thirty million dollars; and provided further, that of the amount appropriated herein, one hundred eighty-seven thousand three hundred and twenty-nine dollars may be expended for costs incurred in previous fiscal years `tc6 $2,338,250 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc2 Rate Setting Commission. `tc1 4100-0011 `tc4 For the Medicare Shortfall Assistance Fund established in section thirty-two C of chapter six A of the General Laws provided that the monies in this account shall be used to offset shortfalls occurring in fiscal year nineteen hundred and eighty-eight and provided further, that notwithstanding any other provision of this act or any other general or special law to the contrary this appropriation shall expire on June thirtieth, nineteen hundred and ninety `tc6 $50,000,000 `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; provided, however, that said interagency agreement shall assure that the commission maintains sole responsibility for all matters directly and indirectly associated with processing such claims, including policy and eligibility determinations; 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, including not more than sixteen positions `tc6 $16,700,000 `tc2 Soldiers' Home in Massachusetts. `tc1 4180-0100 `tc4 For the maintenance of the home, including not more than five hundred and seventy positions `tc6 $390,687 `tc2 Soldiers' Home in Holyoke. `tc1 4190-0100 `tc4 For the maintenance of the home, including not more than three hundred and eighty-five positions `tc6 $365,135 `tc3 Department of Youth Services. `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 the prior approval of the comptroller `tc6 $155,000 `tc1 4238-1000 `tc4 For the operation of the secure facilities administered and operated by the department; provided, that prior year costs for certain utilities may be paid for from this item, and provided further, that not less than nine hundred and twenty-five thousand dollars be obligated for the Stephen L. French Youth Forestry Camp, including not more than three hundred and eighty-two positions `tc6 $62,851 `tc3 DEPARTMENT OF CORRECTION. `tc1 4311-0004 `tc4 For a health services program; provided, that not less than five million one hundred and forty thousand dollars shall be obligated for mental health services for inmates, including MCI-Bridgewater; provided further, that not less than an additional one hundred and sixty thousand dollars shall be obligated for mental health services for inmates at MCI-Framingham, including not more than two hundred and eighty-three positions `tc6 $639,295 `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 agreement with the sheriff of Hampden County for the operation of a correctional alcohol treatment facility in Hampden County and for a day reporting center; provided further, that the commissioner is hereby authorized to make quarterly advances to the treasurer of Hampden County pursuant to said agreements; provided further, that said treasurer shall deposit said advances into a fund to be expended solely for the purpose of said fund agreements; 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-nine shall be returned to the commonwealth; provided further, that all persons employed by said sheriff pursuant to said agreements shall be considered county employees; provided further, that 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 or a day reporting center, such expenditures may include but are not limited to salaries, travel, uniform allowance, purchase and 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; provided further, that not less than ten thousand dollars shall be obligated for the kids corner, so-called, at Massachusetts correctional institution, Concord; and provided further, that no funds shall be expended from this item for programs outside correctional institutions for those persons serving a life sentence for murder in the first degree, with the exception of medical or family emergencies as approved by the commissioner, including not more than four thousand three hundred and five positions `tc6 $5,641,030 `tc3 Department of Public Welfare. `tc1 4402-5020 `tc4 For inpatient hospital care `tc6 $192,500,000 `tc1 4403-2000 `tc4 For a program of aid to families with dependent children; provided, that the standard shall be increased five and one-half percent as of July first, nineteen hundred and eighty-eight and rounded to the next whole dollar; provided further, that the need standard shall be raised to the new payment standard; provided further, that to recognize the special needs of recipients who must obtain private housing in the tight Massachusetts housing market, a forty dollar per month rent allowance shall be paid to all households not residing in public housing or subsidized housing, subject to federal reimbursement; provided further, that a nonrecurring clothing allowance in the amount of one hundred and fifty dollars be provided to each child eligible under this program on September first, nineteen hundred and eighty-eight; 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-eight; 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 eighty 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; provided further, that no funds from this item shall be expended by the department for the transportation services for the employment and training program or voucher day care program; and provided further, that funds from this item expended for emergency shelter costs shall be subject to federal reimbursement `tc6 $19,309,692 `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 residing in rest homes, as provided in section seven A of chapter one hundred and eighteen A of the General Laws, may be paid from this item `tc6 $2,174,000 `tc1 4406-2000 `tc4 For a program of general relief, including a program of emergency assistance; provided, that the payment standard shall be increased five and one-half percent as of July first, nineteen hundred and eighty-eight; provided further, that a nonrecurring clothing allowance in the amount of one hundred and fifteen dollars be provided to each recipient of the program eligible on September first, nineteen hundred and eighty-eight; provided further, that no changes in the eligibility criteria for benefits under this program shall be implemented without the prior written approval of the house and senate committees on ways and means; provided further, that to recognize the special needs of recipients who must obtain private housing in the tight Massachusetts housing market, a forty dollar per month rent allowance shall be paid to all households not residing in public housing or subsidized housing; provided further, that no funds from this account shall be expended for homeless shelters without the prior approval of the house and senate committees on ways and means `tc6 $4,280,000 `tc1 4406-3000 `tc4 For assistance to organizations which provide food, shelter and limited related services to the homeless and indigent; provided, that of the amount appropriated herein, not less than eight million dollars shall be obligated for a contract with the Pine Street Inn, Inc. located in the city of Boston; provided, that the department, with the approval of the secretary of human services, may allocate funds to other agencies for the purposes of this program; provided further, that funds for housing assistance for no less than two thousand households provided in item 3722-9007 shall be available to the department of public welfare to be allocated through an interagency agreement with the executive office of communities and development to recipients of aid to families with dependent children who are receiving emergency assistance and are temporarily housed in hotels, motels or shelters notwithstanding provisions to the contrary in section forty-three of chapter one hundred and twenty-one B of the General Laws; provided further, than not less than seven hundred and thirty-four thousand dollars be obligated for a comprehensive multi-service day program for the homeless `tc6 $196,000 `tc3 Department of Social Services. `tc1 4800-0020 `tc4 For the delivery of permanency services to children in the care of the department, including the provision of adoption, guardianship and subsidies; provided, that the department shall make an assessment of all the children in its care longer than twelve months for the appropriateness of adoption; provided further, that the department shall maintain a central registry and tracking system to monitor the progress of such children in the adoption process; and provided further, that no funds shall be expended to provide subsidies to adoptive parents for children no longer in their care; provided further, that: (1) All out-of-home placement decisions shall be governed by the best interests of the child. Based upon the child's individual needs, the following factors, which are conducive to permanency planning and the speedy return of children to their homes or their placement into a new permanent setting, shall be taken into consideration: (a) the least restrictive setting for the child; (b) close proximity to the home of the child's family; (c) ability for frequent visits between child and his/her family; (d) a family of the same racial or ethnic or linguistic heritage or background; (e) it can serve as the placement for any of the child's siblings in the department's care or custody; and (f) it takes into consideration a mature child's choice of residence. The department shall consider the following placement resources in the following order: (g) placement in the child's own home; (h) placement in family foster care with relatives; with consideration given to extended family members and persons chosen by the parent(s) to be utilized for substitute care; (i) placement in family foster care with a married couple preferably with parenting experience and time available for parenting; (j) placement in family foster care with a person with parenting experience and preferably with time available for parenting; (k) placement in family foster care with a person without parenting experience and preferably with time available for parenting; (l) placement in community residential care. Any placement made pursuant to 110 CMR 7.101(1)(j) or (k) shall require the written approval of the commissioner. (2) When considering a relative or extended family member or any individual chosen by parent(s) to be utilized to provide substitute care for a child, the department shall require that the relative or extended family member or individual chosen by parent(s) meet the department's requirements for child-specific placements, as set forth at 110 CMR 7.108. (3) If placement is not made with relatives or members of the child's extended family, the child's service plan shall indicate in writing: (a) which relatives or extended family members were given consideration; and (b) the reason(s) why said persons were rejected by the department, including not more than twenty-nine positions `tc6 $1,030,000 `tc1 4800-0200 `tc4 For regional direct services; provided, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Fund; provided further, that not less than four million dollars shall be obligated for purchased social services in region I; provided further, that not less than three million eight hundred thousand dollars shall be obligated for purchased social services in region II; provided further, than not less than four million eight hundred and twenty thousand dollars shall be obligated for purchased social services in region III; provided further, that not less than two million seven hundred and seventy-two thousand dollars shall be obligated for purchased social services in region IV; provided further, that not less than six million dollars shall be obligated for purchased social services in region V; provided further, that not less than five million four hundred and fifty thousand dollars shall be obligated for purchased social services in region VI; provided further, that the department shall report quarterly to the commissioner of administration and finance and the house and senate committees on ways and means on expenditures for purchased services by type of program including number and type of clients served, number of open referral services and number of voluntary placements, including not more than one thousand seven hundred and sixty-eight positions `tc6 $3,951,535 `tc3 Department of Mental Health. `tc1 5095-0000 `tc4 For the maintenance of the state hospitals, the Gaebler Children's Center, and the treatment center at the Massachusetts Correctional Institute at Bridgewater, including not more than five thousand and fourteen positions `tc6 $2,000,000 `tc3 Department of Mental Retardation. `tc1 5983-0100 `tc4 For the operation of facilities for the mentally retarded, including not more than ten thousand six hundred and one positions `tc6 $5,071,966 `tc3 DEPARTMENT OF EDUCATION. `tc1 7061-0012 `tc4 For noneducational costs of residential school programs for students placed by a local school district or ordered by the bureau of special education on appeals, as provided under chapter seventy-one B of the General Laws; provided, that subject to rules and regulations promulgated by the commissioner of education, each city and town shall verify to the commonwealth the cost thereof and upon approval of the commissioner the treasurer shall be authorized to make such payments directly to the service provider for services provided on or after July first, nineteen hundred and eighty-eight; provided, that the commonwealth shall not pay more than sixty percent of the cost of any such residential placement; provided further, that the department of education shall receive notification from the rate setting commission on the fiscal impact of a programmatic audit of a residential school prior to completion of such an audit report `tc6 $2,633,334 `tc1 7061-9000 `tc4 For payments to regional school districts under the provisions of section sixteen D of chapter seventy-one of the General Laws; provided, that of the sum appropriated herein, not less than four hundred ninety-three thousand eight hundred and twenty-seven dollars shall be made available to the Southwick-Tolland regional school district; and provided further, that of the sum appropriated herein, not less than two hundred eighty-six thousand one hundred and four dollars shall be made available to the Quaboag regional school district `tc6 $779,931 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Division of State Police. `tc1 8312-0100 `tc4 For the administration of the division; provided, however, that there shall be a minimum of one hundred state police officers assigned to full time duty with the narcotics unit in the bureau of investigative services within the division of state police and under the command of a commissioned officer of the state police; provided further, that 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 distributions of controlled substances among minors; and that 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 thousand three hundred and forty-four positions `tc6 $1,953,973 `tc5 General Fund 15.0% Highway Fund 85.0% `tc2 Registry of Motor Vehicles. `tc1 8400-0001 `tc4 For the operation of the registry; provided, that the positions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar, director of law enforcement, registry of motor vehicles, and the director of employee relations shall not be subject to civil service law and rules; provided, that the registrar of motor vehicles shall establish a one-year priority, special strike force in the registry to work with local communities to remove uninsured vehicles from Massachusetts roads for the purpose of implementing chapter eight hundred and six of the acts of nineteen hundred and eighty-five, and provided further, that the registry shall be required to report preliminary results of implementation of chapter eight hundred and six to the joint committee on insurance and to house and senate ways and means committees by January first, nineteen hundred and eighty-nine, and quarterly reports thereafter; provided, that all expenditures related to computer automation shall be subject to satisfactory quarterly review by the office of management information systems and pursuant to schedules by said office; provided further, that forty percent of the cost of personnel services associated with the computer, which reflects the proportionate use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business in the commonwealth, pursuant to section one hundred and eighty-three of chapter six of the General Laws; provided, that not less than one hundred and twenty-five thousand dollars shall be available for the issuance of, so-called, special issue license plates; provided further, that said special issue plates shall be considered as, so-called, vanity plates for the purposes of issuance, including not more than one thousand two hundred and ninety-four positions; provided further, that said total shall include a minimum complement of registry police officers and shall not be less than three hundred and twenty-five `tc6 $608,531 `tc1 8500-0001 `tc4 For the operation of the capitol police force; provided, that notwithstanding any provision of chapter thirty-one of the General Laws, members of the capitol police force may be temporarily allocated to special secondary ratings in accordance with the schedule approved by the house and senate committees on ways and means a copy of which is on file with the personnel administrator, including not more than eighty-five positions `tc6 $181,000 `tc1 8700-0001 `tc4 For the administration of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the Camp Curtis Guild rifle range and certain national guard aviation facilities, including not more than one hundred and forty-eight positions `tc6 $222,000 `tc3 EXECUTIVE OFFICE OF ELDER AFFAIRS. `tc1 9110-1900 `tc4 For programs providing local services to the elderly including volunteer programs for the elderly; provided, that not less than eight hundred forty-eight thousand six hundred forty dollars shall be obligated for an elder service corps shall be for corpsmen stipends, for the cost of mailing corpsmen stipends and for corpsmen participation in group insurance programs, as set forth in chapter one thousand one hundred and sixty-eight of the acts of nineteen hundred and seventy-three; provided further, that the stipend for full-time corpsmen shall not exceed the maximum allowable under earnings limitation sections of the Social Security Act and the stipend for part-time corpsmen shall not exceed one hundred and thirty dollars per month; provided further, that not less than two hundred eighty-five thousand five hundred fifty-two dollars be expended for foster grandparent programs and senior companion programs; provided further, that not less than one hundred and fifty-five thousand seven hundred dollars shall be expended for the retired senior volunteer program; provided further, that not less than three million eighty-three thousand four hundred sixty-seven dollars shall be obligated for the administration of a meal program for elderly persons; provided further, that the department of elder affairs shall maximize federal reimbursement for meals served herein; and provided further, that not less than two million seven hundred and forty thousand dollars shall be obligated for grants to councils on aging; and provided further, that not less than thirty thousand dollars shall be used for contracting with a non-profit organization made up of nursing home residents whose purpose it is to improve the quality of life in nursing homes provided further, that notwithstanding the provisions of section twenty-nine A of chapter twenty-nine of the General Laws, the comptroller is hereby authorized to approve payment in an amount not exceeding three hundred thousand dollars for certain contracted services rendered for demand responsive transportation services for elders in certain rural regional transit authority districts during the period July first, nineteen hundred and eighty-seven through June thirtieth, nineteen hundred and eighty-eight. `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. `tc2 State Racing Commission. `tc1 9210-0001 `tc4 For the administration of the commission, including not more than forty-five positions `tc6 $128,170 `tc3 EXECUTIVE OFFICE OF LABOR. `tc2 Board of Conciliation and Arbitration. `tc1 9420-0100 `tc4 For the expenses of the board of conciliation and arbitration; provided, that funds provided in this item may be expended for costs incurred in previous fiscal years, including not more than nineteen positions `tc6 $167,000 `tcol;end

SECTION 3. `tuc RETAINED REVENUE.

Notwithstanding the provisions of any general or special law to the contrary, the following named departments, commissions, and agencies are hereby authorized to retain certain revenues in amounts not to exceed those specified herein, derived from fees, services or sales of materials as provided herein and to expend such revenues in amounts specified, for the purposes and under the conditions provided without further appropriation but subject to approval by the state comptroller; provided, that unless otherwise provided, said revenues shall not be expended for the compensation of employees; and provided further, that any revenues received by the following named departments, commissions, and agencies in excess of the amounts authorized to be retained herein shall be credited to the General Fund.

Notwithstanding any general or special law to the contrary, any state agency or office that is authorized in any section of this act or in chapter three hundred and seventy-five of the acts of nineteen hundred and eighty-one, chapter two hundred of the acts of nineteen hundred and eighty-five, section seventeen of chapter twenty-five of the General Laws, or section forty-seven of chapter ninety-four C of the General Laws, to expend certain revenues without further appropriation shall file within thirty days after the end of each quarter with the house and senate committees on ways and means and the commissioner of administration and finance a report detailing the sources and amounts of all such revenues and the purposes and amounts of all expenditures therefrom. `t+1

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Office of Mediation Services. `tc1 1100-1103 `tc4 The commissioner of administration may expend, for the operations of the office of mediation services within the executive office for administration and finance, including the cost of personnel for said office, an amount not to exceed one hundred thousand dollars of revenues accrued from charges, hereby authorized, to agencies, cities, towns and other political subdivisions of the commonwealth or to corporations and individuals by said office of mediation services for the costs of mediation services provided to such entities by said office of mediation services `tc6 $100,000 `tc2 Office of Telecommunications. `tc1 1102-4055 `tc4 The commissioner of administration may incur and the comptroller may certify for payment, expenses and liabilities in an amount not to exceed thirteen million dollars, for the purchase or rental of telecommunications lines, services, and equipment, from charges to be assessed agencies for the use of said lines, services, and equipment `tc6 $13,000,000 `tc2 Comptroller's Division. `tc1 1103-1000 `tc4 The state comptroller may expend revenues in an amount not to exceed one hundred and twenty-five thousand dollars from allocated federal funds transferred from federal reimbursement and grant receipts pursuant to line item 1103-1000 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight, for the cost of compliance with the mandate of the federal law and office of management and budget regulations for a comprehensive, statewide single audit of state operations `tc6 $125,000 `tc1 1103-1101 `tc4 The state comptroller may expend revenues in an amount not to exceed one million two hundred and fifty thousand dollars from federal reimbursements received on account of a project to maximize revenues collected by the department of social services pursuant to Title IV-E of the Social Security Act, by the department of revenue pursuant to Title IV-D of said Act, by the department of public welfare, pursuant to Titles IV-A, XIX, and IV-F of said Act, and to the food stamp program operated by the department, by the executive office of elder affairs pursuant to section XIX of said Act, or by these departments or other state departments pursuant to reimbursement provisions of the federal government, for the costs of a contract to perform said revenue maximization project; provided that expenditures of revenues authorized by this item to be retained by the comptroller shall be made in accordance with the provisions of section four of this act; provided further, that this item shall expire on June thirtieth, nineteen hundred and ninety `tc6 $1,250,000 `tc2 Purchasing Agent - Postal and Supply Chargeback. `tc1 1104-6600 `tc4 The state purchasing agent may incur, pursuant to the provisions of section fifty-one of chapter thirty of the General Laws, as appearing in the 1986 Official Edition, and the comptroller may certify for payment, expenses and liabilities in an amount not to exceed one million, five hundred thousand dollars, for the purchase, delivery and handling of, and contracting for, supplies, postage, and related equipment, and for other incidental expenses of said purchasing agent as provided in said section, from charges to be assessed agencies for the provision of said supplies, postage, and equipment `tc6 $1,500,000 `tc2 Purchasing Agent's Division. `tc1 1104-6601 `tc4 Pursuant to section twenty-one A of chapter eight hundred and eight of the acts of nineteen hundred and eighty-one, chapter four hundred and forty-nine of the acts of nineteen hundred and eighty-four, and section four L of chapter seven of the General Laws, as appearing in the 1986 Official Edition, the state purchasing agent is hereby authorized to incur, and the comptroller may certify for payment, incidental expenses, including the costs of such supervisory and clerical positions as may be necessary to carry out said provisions, related to the acquisition, warehousing, allocation and distribution of federal and other surplus government property to eligible institutions as prescribed in accordance with the approved state plan of operation, in an amount not to exceed six hundred and fifty thousand dollars; provided, further, that said expenses shall be fully reimbursed from the proceeds of charges to eligible institutions for the costs of such surplus property disposition services; provided, further, that the total amount of expenses so incurred by said purchasing agent during the fiscal year shall not at any time during said fiscal year exceed by more than two hundred thousand dollars the total amount received at such time during said fiscal year on account of said charges `tc6 $650,000 `tc2 Massachusetts Commission Against Discrimination. `tc1 1150-5100 `tc4 The Massachusetts commission against discrimination may expend an amount not to exceed twenty-five thousand dollars, from revenues received by the commonwealth through the licensing fee assessed to the state's real estate brokers and agents by the division of registration, for the investigation of housing discrimination complaints `tc6 $25,000 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc3 Department of Public Health. `tc2 Indigent Driver Alcohol Education Programs. `tc1 4512-0201 `tc4 The commissioner of the department of public health may expend twenty percent of revenues collected by the chief probation officer of each court pursuant to the ninth paragraph of section twenty-four D of chapter ninety of the General Laws, in an amount not to exceed three hundred fifty thousand dollars, for the purposes of a program to reimburse driver alcohol education programs for services provided to court adjudicated indigent clients `tc6 $350,000 `ts `tc1 4591-0100 4592-0100 4593-0100 4594-0100 4596-0100 4597-0100 4599-0100 `tc4 Lakeville, Rutland Heights and Western Massachusetts hospitals within the department of public health may expend an amount not to exceed twenty-six million dollars from all revenues collected, subject to the approval of the commissioner of public health. Revenues collected by Lakeville, Rutland Heights and Western Massachusetts hospitals can be used for all hospital related costs including "01" and "02" personnel costs, capital expenditures and motor vehicle replacement. Notwithstanding any general or special law to the contrary, Rutland Heights and Western Massachusetts hospitals will be eligible to receive the state and federal share of reimbursements from the medical assistance program of the department of public welfare and the commission for the blind; provided that, notwithstanding any general or special law to the contrary, Rutland Heights and Western Massachusetts hospitals shall reimburse the General Fund one hundred forty-two thousand dollars and one hundred eight thousand dollars, respectively, from said receipts for employee benefit expenses. Notwithstanding any general or special law to the contrary, Lakeville hospital will be eligible to receive the state and federal share of reimbursement from the medical assistance program of the department of public welfare and the commission for the blind provided that revenues collected by Lakeville hospital exceed two million seven hundred thousand dollars. Notwithstanding any general or special law to the contrary, the commissioner of public health may without further appropriation expend in support of the public health hospitals, other than Lakeville hospital, Rutland Heights hospital and Western Massachusetts hospital, revenues collected by said hospitals to the extent that such revenues exceed thirty-one million five hundred ninety-seven thousand two hundred and twenty-seven dollars and to the extent that such revenues from said hospitals do not exceed thirty-four million three hundred and sixty thousand dollars. `tc3 Department of Social Services. `tc1 4800-0210 `tc4 The commissioner of the department of social services may expend revenues collected pursuant to Title IV-E of the Social Security Act, in an amount not exceeding seven million seven hundred thousand dollars, for the provision of direct social services `tc6 $7,700,000 `tc1 4800-0410 `tc4 The commissioner of the department of social services may expend revenues collected from the establishment of a sliding fee scale for services, in an amount not to exceed five hundred thousand dollars, for the provision of direct social services `tc6 $500,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Executive Office. `tc1 6000-0110 `tc4 The executive office of transportation and construction may expend, for the purpose of property management and maintenance on railroad properties owned by the executive office on behalf of the commonwealth an amount not to exceed twenty-five thousand eight hundred dollars from fees and rents received pursuant to section four of chapter one hundred and sixty-one C of the General Laws `tc6 $25,800 `tc3 EXECUTIVE OFFICE OF LABOR. `tc2 Department of Labor and Industries. `tc1 9410-0101 `tc4 The commissioner of the department of labor and industries may expend revenues in an amount not to exceed three hundred and fifty thousand dollars accrued through the licensing and certification of deleaders, including key persons and supervisors, and through charges set by the secretary for administration and finance for blood tests for lead performed by the department for the purpose of implementing chapter seven hundred and seventy-three of the acts of nineteen hundred and eighty-seven, including not more than ten positions. `tcol;end

SECTION 4. The state comptroller is hereby authorized to enter into a contract with the University of Massachusetts at Boston for the purpose of a project to identify maximum federal reimbursement opportunities for certain federally assisted programs of the commonwealth; provided, that the comptroller is hereby authorized to enter into interagency service agreements with the department of social services, the department of revenue, the department of public welfare, the executive office of elder affairs, or other state departments, as applicable, for the purpose of ensuring maximum federal reimbursement for the costs of said project; provided further, that payments on account of said project costs shall be made from, and only upon receipt of, federal reimbursement for such costs; provided further, that the state comptroller shall establish accounts and procedures within the affected departments as he deems appropriate and necessary to accomplish the purposes of this section; provided further, that the comptroller shall report quarterly, to the house and senate committees on ways and means on the findings of said project.

SECTION 5. Notwithstanding any general or special law, rule or regulation to the contrary, the department of medical security shall not alter criteria for hospital credit and collection policies from those established under rate setting commission regulations in effect as of September, nineteen hundred and eighty-seven; nor shall the department establish new standards for determining reasonable bad debt or free care.

SECTION 6. This act shall take effect upon its passage.