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 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 two hundred and thirty-four of the acts of nineteen hundred and eighty-four, for the fiscal year ending June thirtieth, nineteen hundred and eighty-five or for such period as may be specified, the sums so appropriated to be in addition to any amounts available for the purpose.

SECTION 2.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc3 Legislature. `tc2 House of Representatives. `tc1 0127-0030 `tc4 For a legislative intern program providing one intern for each legislator; provided, however, that each member of the house of representatives shall have the opportunity to select one intern to work in his office `tc6 $153,600 `tc3 Judiciary. `tc2 Trial Court. `tc1 0330-2100 `tc4 For counsel to indigents; provided, however, that four hundred eighty-five thousand five hundred and eighty-two dollars shall be expended from this item for the purposes of the Roxbury defenders committee; provided, further, that salaries paid to attorneys employed by the Roxbury defenders committee shall be comparable to those paid to attorneys employed by the several district attorneys offices; 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; and, provided further, that funds may be expended from this item in payment for services rendered in prior fiscal years, prior appropriation continued `tc6 $1,700,000 `tc1 0330-2200 `tc4 Item 0330-2200 of section 2 of chapter 234 of the acts of 1984 is hereby amended by striking out, in lines 13 and 14, the words "assessments in each county to member cities and towns shall be reduced by the same amount" and inserting in place thereof the words:- each county advisory board, upon receipt of the proposed budget by the county commissioners, shall have final approval of expenditure of funds received by a county for court rental under this item. `tc1 0330-3000 `tc4 For the purchase and rentals of equipment in the trial court, to be allocated by the chief administrative justice; provided, however, that in purchasing said equipment the chief administrative justice shall utilize the approved vendor determined by the state purchasing agent for such equipment whenever the terms offered by such vendor are more favorable than those otherwise available; and, provided further, that thirty-eight thousand five hundred dollars be allocated to the Worcester county housing court, prior appropriation continued `tc6 $1,137,807 `tc1 0330-3100 `tc4 For the payments of indigent court costs, including costs incurred in prior fiscal years `tc6 $400,000 `t( `tc3 PROBATE AND FAMILY COURT DEPARTMENT. `tc2 For Salaries and Expenses. `tc1 0333-0800 `tc4 Hampshire, including not more than fourteen permanent positions and one temporary position `tc6 $56,000 `t) `tc3 District Attorneys. `tc2=11,53,tfh1;temp For the Salaries of District Attorneys and Assistants for the Eleven Districts: `tc1 0340-0555 `tc4 Hampden, for child support enforcement activities, including not more than six temporary positions `tc6 $10,208 `tc3 Secretary of the Commonwealth. `tc1 0519-0000 `tc4 For the expenses of the state decennial census as authorized by chapter nine of the General Laws, including seventy-five per cent reimbursements of estimated costs of cities and towns and final costs upon certification of the secretary of the commonwealth as authorized by section seven A of said chapter nine; provided, however, that funds so distributed shall be deposited in the general fund of each city and town and shall be expended by the municipal census supervisor without further appropriation by the city or town to meet the costs incurred by it under the provisions of said section seven A of said chapter nine `tc6 $6,000,000 `tc3 Executive Office For Administration And Finance. `tc2 Division of Public Employee Retirement Administration. `tc1 1140-0200 `tc4 For the purposes of workmen's compensation paid to public employees, including previous fiscal years `tc6 $3,100,000 `tc5 Highway Fund 35.0% `tc5 General Fund 65.0% `tc3 Department Of Revenue. `tc2 Bureau of Local Taxation. `tc1 1233-3400 `tc4 For expenses of the farmland valuation advisory commission for developing and implementing a comprehensive farmland valuation study `tc6 $65,000 `t( `tc2 Miscellaneous. `tc1 1599-3406 `tc4 For a reserve to fund the costs involved in the implementation of the provisions of chapter four hundred and seventy of the acts of nineteen hundred and eighty-three; provided, however, that the commissioner of administration is authorized to transfer from this item to other items of appropriation such amounts as are necessary to meet the costs of such implementation; provided further, that no such transfers shall be made without the prior approval of the house and senate committees on ways and means; and, provided further, that the commissioner of administration shall convene a working committee made up of his own designee, a designee of the secretary of labor, a designee of the commissioner of the department of environmental quality engineering, and an appropriate designee of cities and towns, to define fully the role of the municipal coordinator in implementing the provisions of chapter four hundred and seventy of the acts of nineteen hundred and eighty-three, and to establish guidelines for purposes of reimbursing cities and towns for reasonable costs associated with the necessary activities of municipal coordinators; a report of this committee must be submitted to the house and senate committees on ways and means prior to the expenditure of any funds contained herein for reimbursement of local costs `tc6 $938,299 `t) `tc1 1599-3409 `tc4 For a reserve for payment of the fiscal year nineteen hundred and eighty-five and prior year costs of salary adjustments and other economic benefits authorized by chapter three hundred and thirty-nine of nineteen hundred and eighty-four and chapter four hundred and eleven of nineteen hundred and eighty-four; provided that the commissioner of administration is hereby authorized to transfer from the sum appropriated herein to other items of appropriation, based upon the recommendations of the chief administrative justice of the trial court, such amounts as are necessary to meet the costs of said adjustments `tc6 $1,265,559 `tc1 1599-3410 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-five and prior years' costs of salary adjustments and other employee economic benefits authorized by existing ratified collective bargaining agreements and collective bargaining agreements ratified during the fiscal years nineteen hundred and eighty-four and nineteen hundred and eighty-five; 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 collective bargaining agreements; provided that the personnel administrator, with the approval of the commissioner of administration, shall determine such salary adjustments and other economic benefits for "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions; provided, that the commissioner of administration is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and eighty-five such amounts as are necessary to meet the cost of said adjustments and benefits for the fiscal year nineteen hundred and eighty-five and prior fiscal years where the amounts otherwise available are insufficient for the purpose; and provided, that the commissioner of administration is further authorized to allocate the cost of such adjustments and benefits to the several state or other funds to which such items of appropriation are charged; and provided further, that the comptroller is hereby authorized to charge this item for the fiscal year nineteen hundred and eighty-four and other prior years' costs of said adjustments and benefits; and provided further, that in the event any said collective bargaining agreement requires a payment to a union or a joint union-management trust fund said payment made may be charged by the comptroller against this item; and provided further, that no transfer, payment, or payment to said unions or joint union-management trust fund shall be made from this item without the prior approval of the house and senate committees on ways and means after said committees have received copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement which schedules 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 with the cost of said adjustments and benefits `tc6 $37,772,955 `tc1 1599-3411 `tc4 For a reserve to meet the fiscal year nineteen hundred and eighty-five and prior years' costs of salary adjustments and other employee economic benefits authorized by chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty-four, including increases caused by amendments to the general or management salary schedules provided for by chapter thirty of the General Laws, and by chapter two hundred and four of the acts of nineteen hundred and eighty-four, including salary adjustments and other employee economic benefits for employees of the county cooperative extension services, that have been transferred to the employ of the commonwealth, and for employees of the regents computer network; provided however, that the commissioner of administration is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and eighty-five such amounts as are necessary to meet the cost of said adjustments and benefits for the fiscal year nineteen hundred and eighty-five and prior fiscal years where the amounts otherwise available are insufficient for the purpose; provided further, that the commissioner of administration is further authorized to allocate the cost of such adjustments and benefits to the several state or other funds to which such items of appropriation are charged; provided further, that the comptroller is hereby authorized to charge this item for the fiscal year nineteen hundred and eighty-four and other prior years' costs of said adjustments and benefits; and, provided further, that no transfer or payment shall be made from this item without the prior approval of the house and senate committees on ways and means after said committees have received 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 chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty-four and chapter two hundred and four of the acts of nineteen hundred and eighty-four, which schedules 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 with the cost of said adjustments and benefits `tc6 $13,631,546 `tc1 1599-3441 `tc4 For the payment of a certain court judgment entered in Norfolk superior court civil action number 119308 `tc6 $595,000 `tc5 MDC Parks Fund 100.0% `tc1 1599-3488 `tc4 For a reserve to meet the cost of salary adjustments authorized by the collective bargaining agreement between the commonwealth and the Alliance, AFSCME/SEIU, AFL-CIO, Local 509, covering certain employees in bargaining unit 8 in the department of public welfare; provided, however, that the commissioner of administration is hereby authorized to transfer from the sum appropriated to other items of appropriation for the fiscal year nineteen hundred and eighty-five such amounts as are necessary to meet the cost of said adjustments for the fiscal year nineteen hundred and eighty-five where the amounts otherwise available are insufficient for the purpose; provided further, that the commissioner of administration is authorized to allocate the cost of such salary adjustments to the several state and other funds to which such items of appropriation are charged; and, provided further, that copies of said collective bargaining agreement, together with an analysis of all cost items contained in said agreement and all changes to be made in the schedules of permanent and temporary positions required by said agreement, shall be filed with the house and senate committees on ways and means prior to the transfer or allocation of any amounts necessary to meet the cost of said adjustments `tc6 $1,449,045 `tc1 1599-3489 `tc4 For reimbursement to the town of Templeton for expenses involved in preventive maintenance and damages incurred as the result of a flood, provided, however, that such reimbursement shall be made only after certification of such actual incurred costs by said town to the comptroller `tc6 $17,478 `tc5 Local Aid Fund 100.0% `tc1 1599-3490 `tc4 For a reserve to meet the costs of chapter four hundred and sixty-nine of the acts of nineteen hundred and eighty-four, pursuant to the conditions stated therein `tc6 $5,531 `tc5 Local Aid Fund 100.0% `tc1 1599-3491 `tc4 For reimbursement to the town of New Salem for tornado damage sustained on the fifth of July, nineteen hundred and eighty-four; provided, however, that such reimbursement shall be made only after certification of such actual incurred costs by said town to the comptroller `tc6 $2,485 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2120-1800 `tc4 For the establishment and administration of a program within the division of forests and parks to assist communities and state agencies with the control and suppression of gypsy moths; provided, however, that the state treasurer shall reimburse each such participating community a sum not to exceed fifty per cent of the actual costs incurred for said program; provided further, that such reimbursement shall be made only after certification of such actual incurred costs by said communities to the secretary of administration and the department; provided further, that only biological pest controls products shall be used; and provided that a chemical control agent shall be utilized as a last resort only; provided further, that any decision to utilize chemical agents shall be made after a public hearing held pursuant to chapter thirty A of the General Laws and shall be made in writing with an explanation as to the necessity of utilizing such a chemical agent; and, provided further, that no funds shall be expended for use of chemical agent in the control and suppression of gypsy moths without the prior approval of the house and senate committees on ways and means `tc6 $400,000 `tc3 Department of Environmental Quality Engineering. `tc2 Office of the Commissioner. `tc1 2250-0909 `tc4 For a study and engineering survey to correct and restore the proper flow of stagnated water at Leesville Pond around the New Swedish Cemetery situated in Worcester and Auburn up to the dam at Webster Street, Worcester. Appropriation to expire June thirtieth, nineteen hundred and eighty-six `tc6 $30,000 `tc1 2250-0910 `tc4 For the purpose of a grant to fund partially the construction of an alternative water system for the portions of the towns of Whately and Hatfield which have been affected by contamination with state regulated agricultural pesticides; said grant is to support implementation of the recommendations of the feasibility study performed for the town of Whately and approved by the department of environmental quality engineering; provided, however, that said grant is to be used only with funds furnished by a public water supplier with jurisdiction to serve the affected areas, with said supplier to be responsible for the total costs for said alternative water system in excess of one million two hundred and fifty thousand dollars; provided that of the funds appropriated herein not more than two hundred and fifty thousand dollars shall be provided to the town of Whately for a feasibility study to supply potable water in sufficient quantity and under adequate pressure to consumers in that town and in affected areas of the town of Hatfield; provided that such feasibility study shall be submitted to and approved by the Department of Environmental Quality Engineering and provided further that upon approval by the said Department such funds may be used for the purpose of implementation of the study recommendations as approved including preliminary design, surface or ground water exploration, geohydrologic investigations, sampling and laboratory analyses, long-term pumping tests and final design and construction of an alternative water supply; and provided further, that up to twenty-five thousand dollars shall be made available to the department for the administration of said grant `tc6 $1,000,000 `tc3 DEPARTMENT OF THE METROPOLITAN DISTRICT COMMISSION. `tc2 Administration. `tc1 2410-9061 `tc4 For the Massachusetts summer youth program, to be allocated, with the approval of the commissioner of the department of metropolitan district commission and the commissioner of the department of public works, to those agencies selected as participants in the program; provided, however, that not less than forty per cent shall be allocated to participants in the city of Boston, twenty-five per cent shall be allocated to participants within those cities and towns which comprise the metropolitan parks, sewerage and water districts, and watershed management division projects, and thirty-five per cent shall be allocated to participants in cities and towns other than those which comprise said districts; provided further, that the provisions of section twenty-nine A of chapter twenty-nine of the General Laws shall not apply to expenditures made from this item; and, provided further, that allocation made in accordance with this item may be expended by the selected participants without further appropriation, prior appropriation continued `tc6 $1,000,000 `tc2 Metropolitan Parks District. `tc1 2444-9014 `tc4 For expenses involved in the refurbishing of the Flynn rink in the city of Medford `tc6 $350,000 `tc1 2511-3000 `tc4 For the administration of the division, including the pesticide bureau, the bureau of plant pest control, the bureau of farm products, the bureau of dairying, and the bureau of milk marketing; provided, that not more than ten thousand dollars shall be expended to develop regulations for herbicide use on public rights of way, including not more than thirty-nine permanent positions and not more than thirteen temporary positions `tc6 $10,000 `tc3 Executive Office Of Human Services. `tc2 Office of the Secretary. `tc1 4000-0610 `tc4 For the administration and operation of a correctional alcohol treatment facility in Hampden county, provided that the secretary of human services may contract with the Hampden county sheriffs department for said purposes `tc6 $112,500 `t( `tc3 DEPARTMENT OF PUBLIC HEALTH. `tc1 4510-0750 `t) `tc4 For the cost of providing certificates of need, as required by section twenty-five C of chapter one hundred and eleven of the General Laws, including not more than nineteen temporary positions; provided, however, that any consultant hired pursuant to this appropriation shall be affiliated with a health planning agency or an academic institution `tc6 $110,000 `tc1 4516-0100 `tc4 For the administration of the state laboratory; provided, however, 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; provided further, that such approval schedules shall be placed on file with the state comptroller for the purpose of authorizing such expenditure for said program, including cost of materials, supplies and equipment, maintenance of laboratory facilities and compensation of laboratory employees; and, provided further, that not less than two hundred and thirty thousand dollars shall be expended for Varicella-Zoster Immune Globulin, Cytomeg- alovirus, and Whooping Cough vaccine programs, including not more than one hundred and fifty permanent positions and twenty-five temporary positions `tc6 $143,674 `t( `tc3 EXECUTIVE OFFICE FOR TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Public Works. `tc1 6030-7201 `tc4 For the expenses of snow and ice control, including the removal of sand, and including the cost of sand, salt and chemicals `tc6 $6,000,000 `t) `tc5 Highway Fund 100.0% `tc3 Board of Regents. `tc2 New England Board of Higher Education. `tc1 7105-0000 `tc4 For the payment in final settlement of Edward Pasko v. board of regents of higher education, Massachusetts trial court, Suffolk superior court division, docket No. 18335 `tc6 $17,800 `tc1 7452-0227 `tc4 For the purchase, on behalf of the state secretary, from WGBH, of the documentary "Vietnam: A Television History", and for housing the same in an appropriate location in Boston; provided, however, that the William Joiner Center at the University of Massachusetts at Boston shall be responsible for the utilization of said documentary for the benefit of the people of the commonwealth `tc6 $300,000 `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 a drug education and training program; provided, however, that fifty thousand dollars be expended on services to be provided by the New England Institute of Law Enforcement Management; provided, further, that not less than nine thousand dollars shall be expended for the development of a curriculum of rape victimology; and provided, further, that not less than one hundred and twenty-five thousand dollars shall be expended as the cost of providing training to county correctional personnel, including not more than seven permanent positions and twenty temporary positions `tc6 $500,000 `tc2 Division of State Police. `tc1 8312-0110 `tc4 To provide funding to compensate commissioned officers in the division of state police in accordance with the provisions of section nine T of chapter twenty-two of the General Laws, as most recently amended by chapter seven hundred and fifteen of the acts of nineteen hundred and eighty-three; provided, however, that funds appropriated herein shall be transferred to and may be expended from item 8312-0100; provided, further, that funds appropriated herein shall be used to compensate said commissioned officers for the fiscal year nineteen hundred and eighty-four and nineteen hundred and eighty-five; and provided, further, that increments in base salaries for said commissioned officers prior to January fourth, nineteen hundred and eighty-four shall be seven per cent `tc6 $1,293,687 `tc2 Registry of Motor Vehicles. `tc1 8400-0100 `tc4 For expenses of the merit rating board authorized by chapter six of the General Laws; provided, however, that as of January first, nineteen hundred and eighty-five, that notwithstanding any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for noncriminal, motor vehicle traffic violations as described in chapter ninety C of the General Laws, including not more than eighty-two temporary positions `tc6 $2,470,902 `t( `tc3 Executive Office of Manpower Affairs. `tc2 Division of Employment Security. `tc1 9081-6611 `tc4 For the expenses of collecting the excise payments authorized by section fourteen D of chapter one hundred and fifty-one A of the General Laws `tc6 $1,110,000 `t) `tc2 Division of Tourism. `tc1 9091-0303 `tc4 For the operation and promotion of the Spirit of Massachusetts winter/spring tour `tc6 $100,000 `tcol;end

SECTION 3. Item 1599-0103 of section 2 of chapter 188 of the acts of 1984 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For a reserve to meet the cost of damages from the rainstorms and flood of April fifth, nineteen hundred and eighty-four, and May thirtieth, nineteen hundred and eighty-four to June fourth, nineteen hundred and eighty-four, suffered by certain cities and towns; provided, however, that the commissioner of administration is hereby authorized to transfer from the sum appropriated to the department of public works amounts necessary for repairs to highways, bridges and other public works, to the department of environmental quality engineering amounts necessary for repairs to wastewater treatment plants, and to the department of food and agriculture amounts necessary for a program of emergency financial assistance for certain losses sustained by any farmer within the commonwealth during said rainstorms or floods, and for soil conservation and for certain other preventive measures by farmers to minimize flood damage; provided further, that the commissioner of administration shall file a notice of such transfers with 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.

SECTION 4. Item 1599-2038 of said section 2 of said chapter 188 is hereby amended by striking out, in line 2, the word "previous" and inserting in place thereof the words:- the fiscal year nineteen hundred and eighty-four and prior fiscal.

SECTION 5. Item 2250-0908 of section 2 of said chapter 188 is hereby amended by striking out, in line 4, the figure "1985" and inserting in place thereof the figure:- 1986.

SECTION 6. Item 4311-0100 of said section 2 of said chapter 188 is hereby amended by striking out, in lines 7 to 9, inclusive, the words "appropriation to expire on June thirtieth, nineteen hundred and eighty-five" and inserting in place thereof the words:- provided that the deputy commissioner of capital planning and operations is authorized to determine to undertake the design and construction of said buildings by utilizing one or more of the following construction techniques: construction management, fast-tracked or phased construction, turnkey procurement, design and build procurement, and the purchase or lease of pre-fabricated buildings; in the event that the deputy commissioner determines to utilize one or more of the aforementioned construction techniques, the procurement methods shall be open and competitive and shall comply, to the extent feasible, as determined by the deputy commissioner, with the policies and procedures of sections thirty-eight A 1/2 to thirty-eight O, inclusive, of chapter seven and section forty-four D of chapter one hundred and forty-nine of the General Laws, appropriation to expire on June thirtieth, nineteen hundred and eighty-six.

SECTION 7. Item 4180-0100 of section 2 of chapter 234 of the acts of 1984 is hereby amended by inserting after the word "position", in line 6, the words:- and provided further, that notwithstanding the provisions of any general or special law to the contrary, revenues received by the home in excess of three million dollars but not exceeding three million three hundred thousand dollars may be expended by the home without further appropriation, subject to the approval of the secretary of human services and the secretary of administration and finance, through June thirtieth, nineteen hundred and eighty-six.

SECTION 8. Item 7061-0015 of said section 2 of said chapter 234 is hereby amended by inserting after the word "Laws", in line 3, the words:- including costs incurred during fiscal year nineteen hundred and eighty-four.

SECTION 9. Notwithstanding the provisions of chapter twenty-nine of the General Laws, an amount not to exceed forty-five thousand one hundred and eighty-eight dollars for certain contractual services rendered during the month of July, nineteen hundred and eighty-four is allowed and paid from item 1102-3301 of section two of chapter two hundred and thirty-four of the acts of nineteen hundred and eighty-four.

SECTION 10. Notwithstanding any general or special law to the contrary, Berkshire community college is authorized to pay from funds allocated to it from item 7100-0100 of section two of chapter two hundred and thirty-four of the acts of nineteen hundred and eighty-four an amount not to exceed six hundred and thirty-seven dollars and fifty-seven cents to satisfy a certain obligation incurred by the college prior to fiscal year nineteen hundred and eighty-five.

SECTION 11. This act shall take effect upon its passage.