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Other Disability Advocacy and Information Agencies

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
0321-1600	MLAC Total	Judiciary	$4,276,799	7,564,142	0321-1600	8,064,142
0321-1610	MLAC Gen. Support	Judiciary	4,800,000	0321-1600	8,565,227	0321-1600
0321-2000	MHLAC	Judiciary	546,412*	587,860*	0321-1610	538,905
0321-2100	MCLS	Judiciary	730,214	500,000	0321-1610	500,000
0411-1000	Gov. Com MR	EOHHS (as of FY05)	206,760	^	^	^
1107-2400	MOD	Sec.of Adm.&Finc.	741,355	573,469	586,967	585,280
1107-2501	DPPC	Exc.Off.Adm.&Finc.	1,686,445	1,704,742	1,750,037	1,746,915
1150-5100	MCAD	Sec.of Adm.&Finc.	2,524,960	1,434,740	1,529,164	1,526,374
1150-5104	MCAD-EE&FairHsng.	Sec.of Adm.&Finc.	1,813,344	2,467,982	2,467,982	2,467,982
1150-5116	MCAD	Dvrsty Trnrs. Sec.of Adm.&Finc.	27,500	27,500	27,500	27,500
8000-0500	AAB	Off.of Pub.Safety&Hm.Sec.	227,212	8311-1000	8311-1000	8311-1000
* FY01 and FY05 include supplemental budget appropriations ($43,000 and $86,775, respectively). ^ There is no longer an earmark for the Governor’s Commission anywhere in the budget.

This chapter focuses on the House of Representatives’ FY06 budget recommendations for independent commissions and programs funded through a variety of state agencies. For additional information on the impacts of FY01–FY05 budget cuts and more details about program services, go to the People First website at www.mass.gov/mddc/peoplefirst/index.html and click on the “Other Disability Advocacy and Information Agencies” chapter in the Volume I table of contents.

Line Item Analysis

Account: Massachusetts Legal Assistance Corporation (MLAC)
Line Items: 0321-1600 and 0321-1610
Agency: Judiciary

The Massachusetts Legal Assistance Corporation (MLAC) accounts fund 18 legal services programs serving low-income people. Services fall into 4 categories: General Support provides for day-to-day civil legal needs; the Medicare Advocacy Project (MAP) advocates for those unfairly denied Medicare coverage; the Disability Benefits Project (DBP) assists persons with disabilities who have been improperly denied federal SSI/SSDI benefits; and the Battered Women’s Legal Assistance Project (BWLAP) offers legal assistance to victims of domestic violence.

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
0321-1600	MLAC Total	Judiciary	$4,276,799	7,564,142	0321-1600	8,064,142
0321-1610	MLAC Gen. Support	Judiciary	4,800,000	0321-1600	8,565,227	0321-1600

FY06 Needs

MLAC is requesting an increase of $4.5 million in FY06, including $1.5 million in restoration funds. MLAC also requests that the earmarks for BWLAP, DBP, and MAP be restored to FY02 levels: those were $2,511,289 for BWLAP; $1,204,604 for DBP; and $550,906 for MAP. The request would leave $7,800,000 for General Support. The increases would pay for 4,380 new cases—close to 18,000 low-income persons and family members in total.

House Budget Recommendations

The House budget rejects the H1 for FY06 attempt to consolidate civil legal services in one line item and recommends a $500,000 restoration for General Support (cut $1.5 million since FY02). Earmarks for BWLAP, DBP, and MAP are level with those for FY05. H1 for FY06 had combined MLAC with the Mental Health Legal Advisor’s Committee (MHLAC, line item 0321-2000) and the Massachusetts Correctional Legal Services (MCLS, line item 0321-2100) and cut $67,491 from the joint account. The civil legal services community is advocating to maintain separate line items.

Account: Mental Health Legal Advisors Committee (MHLAC)
Line Item: 0321-2000
Agency: Judiciary

The Mental Health Legal Advisors Committee (MHLAC) account funds advocacy and information referral for individuals with disabilities in the state mental health system and individuals seeking insurance coverage for mental health services. Annually, 2,000–3,000 requests are received.

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
0321-2000	MHLAC	Judiciary	546,412*	587,860*	0321-1610	538,905
* FY01 and FY05 include supplemental budget appropriations ($43,000 and $86,775, respectively).

FY06 Needs

MHLAC reports that its maintenance budget for FY06 is approximately $585,818. This amount would not restore any programmatic cuts.

House Budget Recommendations

The House budget rejects the H1 for FY06 attempt to consolidate civil legal services in one line, but under funds MHLAC with a below-maintenance budget of $538,905. The amount is nearly $49,000 below FY05 funding, once supplementals are considered. H1 for FY06 had consolidated MHLAC with the Massachusetts Legal Assistance Corporation (MLAC line item, 0321-2100) and the Massachusetts Correctional Legal Services (MCLS, line items 0321-1600 and 0321-1610) and cut $67,491 from the joint account. MHLAC is advocating to maintain its own separate line item to avoid a possible future consolidation of the agencies and consequent reduction in services and expertise.

Account: Governor’s Commission on Mental Retardation
Line Item: 0411-1000
Agency: Executive Office of Health and Human Services (EOHHS)

The Governor's Commission on Mental Retardation (the Commission) oversees and monitors the needs and treatment of people with mental retardation (MR).

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
0411-1000	Gov. Com MR	EOHHS (as of FY05)	206,760	^	^	^
8000-0500	AAB	Off.of Pub.Safety&Hm.Sec.	227,212	8311-1000	8311-1000	8311-1000
^ There is no longer an earmark for the Governor’s Commission anywhere in the budget.

FY06 Needs

For FY06, no increases have been requested. The Commission is working with one-third less staff than it had in FY01.

House Budget Recommendations

Neither the House budget nor H1 for FY06 make mention of the Governor’s Commission for MR.

Account: Massachusetts Office on Disability (MOD)
Line Item: 1107-2400
Agency: Secretary of Administration and Finance

The Massachusetts Office on Disability (MOD) is the agency designated to oversee the state’s compliance with the Americans with Disabilities Act (ADA). MOD additionally advocates for individuals with disabilities, provides technical assistance to state agencies, and coordinates the Governor's Advisory Commission on Disability Policy and the Interagency Disability Services Coordinating Council. MOD’s caseload was 9,803 clients in FY02.

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
1107-2400	MOD	Sec.of Adm.&Finc.	741,355	573,469	586,967	585,280

FY06 Needs

MOD has requested an increase of $91,531 (16%) in FY06 to reinstate 1.5 full-time staff positions and build back some of its technical assistance capacity. MOD reports that changes in the structure of state government have increased demand for its technical expertise and experience, and that staff are at a breaking point. The agency has been cut 22.5%, unadjusted for inflation, since FY01.

House Budget Recommendations

The House budget recommends a funding level 5.5% above that for FY05. The House budget amount is $18,313 more than in H1 for FY06. This recommendation would support a maintenance budget for MOD’s current staffing level only.

Account: Disabled Persons Protection Commission (DPPC)
Line Item: 1107-2501
Agency: Executive Office for Administration and Finance (EOAF)

The Disabled Persons Protection Commission (DPPC) is an independent agency with 3 commissioners who report directly to the governor and the legislature. The DPPC investigates abuse allegations and oversees investigations and protective services performed by the Departments of Mental Retardation (DMR) and Mental Health (DMH) and the Massachusetts Rehab Commission (MRC). The DPPC conducts training programs, sponsors education and outreach, investigates reports of retaliation against individuals who report abuse, and provides information and referrals on various abuse-related issues. In FY04, 1,779 cases were investigated under its authority.

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
1107-2501	DPPC	Exc.Off.Adm.&Finc.	1,686,445	1,704,742	1,750,037	1,746,915

FY06 Needs

The DPPC has requested an additional $188,153 for FY06. The funds are badly needed to address the following: a 42% increase in hotline calls between FY00–FY04; a 447% increase in investigation reports between FY00–FY04, which has caused a backlog; and the 74% increase in the average caseload of oversight officers between FY00–FY04, resulting in about 375 cases per officer currently. The total request is for $1,935,514.

House Budget Recommendations

The House budget recommends $3,122 less than in H1 for FY06. The House budget figure is 2.5% above the funding level for FY05.

Account: Massachusetts Commission Against Discrimination (MCAD)
Line Items: 1150-5100, 1150-5104, and 1150-5116
Agency: Secretary of Administration and Finance

The Massachusetts Commission Against Discrimination (MCAD) is the Commonwealth’s primary civil rights enforcement agency. MCAD investigates approximately 4,300 allegations each year of discrimination based on disability, race, gender, age, religion, welfare status, sexual orientation or national origin status in employment, education, housing, credit and public accommodation.

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
1150-5100	MCAD	Sec.of Adm.&Finc.	2,524,960	1,434,740	1,529,164	1,526,374
1150-5104	MCAD-EE&FairHsng.	Sec.of Adm.&Finc.	1,813,344	2,467,982	2,467,982	2,467,982
1150-5116	MCAD	Dvrsty Trnrs. Sec.of Adm.&Finc.	27,500	27,500	27,500	27,500
Totals:			4,365,804	3,930,222	4,024,646	4,021,856

FY06 Needs

MCAD needs an additional $97,568 in line item 1150-5100 to support hiring for 2 investigator positions that are critical for reducing case backlog and investigator caseloads, as well as enabling MCAD to maximize its federal reimbursements (that are based on the number of cases closed). The additional staff is necessary, therefore, to generate the revenue collected in line item 1150-5104.

House Budget Recommendations

The House budget recommends $2,790 less than does H1 for FY06. This figure is $91,634 (6.4%) above FY05 funding.

Account: Architectural Access Board (AAB)
Line Item: 8000-0500
Agency: Office of Public Safety and Homeland Security

The Architectural Access Board (AAB) is responsible for ensuring that all public buildings are accessible to and safe for use by individuals with disabilities. AAB enforces state rules and regulations to ensure that any new construction, renovation or changes of use meet the accessibility standards established by the Board. It does not enforce the Americans with Disabilities Act (ADA).

Line Item	Description	Agency	FY01	FY05	H1 for FY06	House Budget for FY06
8000-0500	AAB	Off.of Pub.Safety&Hm.Sec.	227,212	8311-1000	8311-1000	8311-1000

FY06 Needs

AAB has requested that its compliance officer position be full time and that it backfill a clerical position, bringing its staff back to the 4 FTEs (full-time equivalents) level. AAB also reports that the Office of Public Safety and Homeland Security will seek to update AAB regulations this year (and expand the Board’s jurisdiction to employee-access spaces in addition to public-access areas). AAB supports making state regulations substantially equivalent to the ADA.

House Budget Recommendations

Both the House budget and H1 for FY06 provide no earmark or separate line item indicating a budget for the AAB. The Office of Public Safety and Homeland Security account that funds the AAB and the Board of Building Regulations and Standards is recommended for $1,099,359 in the House budget. This figure is $181,174 less than in H1 for FY06 and $78,000 (7.6%) more than the figure in FY05.