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Floor Number: 551
COMMONWEALTH AGENCY VEHICLE PURCHASES
Mr. Knapik, Mr. Lees, Mr. Tisei, Ms. Sprague, Mr. Tarr and Mr. Hedlund move to amend the bill by inserting after Section ____ the following section:-
“SECTION ____.
(A) Notwithstanding any general or special law to the contrary, any vehicle purchased for official use by Commonwealth agencies, departments and divisions shall not exceed the manufacturer’s suggested retail price of $15,000. Vehicles purchased by state agencies for the purpose of public safety, law enforcement, environmental law enforcement, and highway and roads maintenance shall be exempt from the provisions of this subsection.
(B) Any agency purchasing a vehicle exceeding the manufacturer’s suggested retail price of $15,000 must submit a request of vehicle purchase to the secretary of administration and finance for his approval prior to said purchase. Said request shall include, but not be limited to, the statement of purpose for use of vehicle, the manufacturer’s suggested retail price for the vehicle, the mileage per gallon of gasoline, and the estimated annual fuel and maintenance costs. The secretary shall not approve requests for the purchase of sports utility vehicles submitted by state agencies unless it has been determined that the vehicle purchase is a necessity for the operations of the agency.
(C) The secretary of administration and finance is hereby directed to require all state agencies, departments, and divisions to document purchases of vehicles for official use. Said document shall be filed with the executive office of administration and finance upon completion of vehicle purchase. The secretary of administration and finance shall file a report with the clerk of the house of representatives and the clerk of the senate with the compiled results of every vehicle purchase made by March 31 of each year. Said report shall include a full inventory of all vehicles currently owned or leased by the Commonwealth, and shall include the make, model, and year of all such vehicles.
(D) The secretary of A&F is hereby directed to develop a plan for the reduction of the total number of state vehicles owned by the Commonwealth by ten percent before September 1, 2003. The secretary shall file said plan with the house committee on ways and means and the senate committee on ways and mean by July 1, 2003, and shall promulgate regulations for the implementation of said plan.
Floor Number: 552
RELATIVE TO MOBILE TELECOMMUNICATIONS SOURCING ACT COMPLIANCE
Ms. Walsh, Mr. Magnani and Mr. O'Leary move to amend the bill by inserting, after Section____, the following new Section: -
"SECTION XXXX
SECTION 1. Section 1 of Chapter 64H of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the definition of “Gross receipts,” the following definitions: -
“Home service provider”, the facilities-based carrier or reseller with which the retail customer contracts for the provision of mobile telecommunications service.
“Mobile telecommunications service”, commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999.
SECTION 2. Said section 1 of said chapter 64H, as so appearing, is hereby further amended by inserting after the definition of “Person” the following definition:--
“Place of primary use”, the street address representative of where the customer’s use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business address of the customer and which must be within the licensed service area of the home service provider. Said place shall be determined in accordance with 4 U.S.C §§121-122.
SECTION 3. Said section 1 of said chapter 64H, as so appearing, is hereby further amended by inserting after the word “services”, in the fifth sentence of the definition of “sale at retail”, the following words: - “other than mobile telecommunications services,”
SECTION 4. Said definition of “sale at retail”, as amended, is hereby further amended by inserting after said fifth sentence the following words: - “In the case of interstate and intrastate mobile telecommunications services, the sale of such services shall be deemed to be provided by the customer’ home service provider and shall be considered a sale within the commonwealth if the customer’s place of primary use is located in the commonwealth.”
SECTION 5. The provisions of this act shall apply to customer bills issued after August 1, 2002."
Floor Number: 553
JOINT LABOR RELATIONS COMMITTEE
Mr. Glodis and Ms. Chandler moves to amend the bill by inserting, after Section 84, the following new Section:-
“SECTION____. Section 140. Chapter 1078 of the Acts of 1973 as most recently amended by Chapter 589 of the Acts of 1987 is hereby further amended by striking out the second and third sentence of the first paragraph of Section 4A 9(1)(a)(f) and inserting in place thereof the following new sentences:-
The Committee shall be composed of fifteen members including a chairman and a vice chairman and such alternate members as the committee shall approve. Twelve committee members shall be appointed by the governor as follows: three firefighters from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO; three police officers from nominations submitted by the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO, the Worcester Police Patrolmen’s Union, Springfield Police Patrolmen’s Union, the Lowell Police Patrolmen’s Union, the Boston Patrolmen’s Association IUPA, and the Massachusetts Police Association and six from nominations submitted by the Advisory Commission on Local Government established under Section sixty-two of chapter three of the General Laws.”
Floor Number: 554
HEALTH CARE QUALITY IMPROVEMENT TRUST FUND
Mr. Glodis of Worcester moves that the bill be amended by inserting at the end thereof the following new section: -SECTION _____ Not withstanding the provisions of any general or special law to the contrary, the division of medical assistance is authorized to begin payment from the general fund on
the previously scheduled $72,000,000 rate increase to fund dispensing fees to retail pharmacies beginning July 1, 2002. The division shall fund the dispensing fee before federal approval of
the funding of rates pursuant to Chapter 118E, Section 54 (b), as provide for in Section 35 of this act. Upon federal approval of the funding of rates pursuant to Section 35, of this act by
the assessment on retail pharmacies established pursuant to section 54 of chapter 118E, any amount expended from the general fund for the purposes of this section shall be reimbursed
from the Health Care Quality Improvement Trust Fund.
Floor Number: 555
DMA intergovernmental transfer:
Mr. Tisei moves that the bill be amended by adding the following section:-
Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend an amount not to exceed $8 million from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to certain publicly owned or publicly operated providers. Such payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Massachusetts Title XIX state plan and the terms and conditions of agreements reached with the division for such payments. No funds shall be expended unless a public entity is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than fifty per cent of such Title XIX payment. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws.
Floor Number: 556RELATIVE TO THE EDUCATIONAL RIGHTS OF STUDENTS AT HOME AND IN THE HOSPITAL
Mr. Antonioni moves to amend the bill by inserting after Section 80 the following new section:-
SECTION ____.-
Section 2 of chapter 71B of the General Laws, as appearing in the 2000 official edition, is hereby amended by adding at the end of the third paragraph, in line 61, the following:
"provided that children in public schools are entitled to teaching at home and in the hospital if the child's physician determines the child will have to remain at home or in a hospital for more than fourteen school days in any school year; provided further that children in non-public schools are entitled for home and hospital services when deemed eligible under this chapter; and provided further, an expedited evaluation, which may be limited to a medical evaluation, shall be conducted and services provided to eligible students by the school district within ten school days of the school district receipt of the physician's statement."
Floor Number: 557
Special Commission to Study Medicaid Efficiencies
Mr. O’Leary, Ms. Menard, Mr. Moore, Mr. Tarr, Mr. Knapik, Mr. Rosenberg, Mr. Moore and Ms. Wilkerson move to amend the bill by inserting after Section 84, the following new Section:-
SECTION __. (a) There shall be a special commission on encouraging Medicaid efficiencies, to study, evaluate and generate recommendations regarding improvements in the efficiency of the provision of services through, and administration of, Medicaid in the Commonwealth. The commission shall consist of the commissioner of the division of medical assistance or her designee, the commissioner of the department of mental retardation or his designee, the commissioner of the department of mental health or her designee, the commissioner of the division of health care finance and policy or her designee, the house and senate chairs of the joint committee on health care or their designees, 1 representative of the Massachusetts Hospital Association, 1 representative of the Neighborhood Health Plan, 1 representative of the Massachusetts Association of Health Plans, 1 representative of the League of Community Health Centers, 1 representative of the Massachusetts Extended Care Federation, and 1 representative of the Home Health Care Association.
(b) The commission shall investigate current inefficiencies in the administration of and provision of services through Medicaid in Massachusetts. The commission shall develop a report detailing current inefficiencies and making recommendations, including any necessary statutory or regulatory changes, for improvements in the provision of services, the administration of Medicaid programs, and the application for benefits. The report shall identify inefficiencies and make recommendations for improvements at the agency, provider, and patient levels, and shall include both in-patient and out-patient services, including but not limited to:
(1) Paperwork reduction and streamlining, including patient information, medical history and payment information;
(2) the filing and administration of claims made for payment of services through Medicaid, including the possibility of implementing a Uniform Payment System (UPS), which would employ a single, standardized format for the making and payment of claims between providers and payers of health care goods and services, in conformity with the procedures and requirements prescribed by the Health Insurance Portability and Accountability Act of 1996;
(3) the procedures utilized at point of access for entry into the Medicaid system by consumers;
(4) and implementing the use of computer intake and processing software.
(c) In forming their recommendations, the commission may investigate Medicaid efficiency measures used in other states.
(d) The commission’s report shall include an estimate of any related costs or savings associated with the implementation of the commission’s recommendations. The estimated costs or savings shall include, but not be limited to, those that would be incurred or realized by the state, health care providers, health care purchasing organizations and health care consumers. The report shall also include a timeframe for implementation of the commission’s recommendations.
(e) The commission shall present its report, including proposed legislation and proposed rules or regulations, to the secretary of administration and finance, the joint committee on health care and the house and senate committees on ways and means not later than December 10, 2002.
Floor Number: 558
MEDICAID REIMBURSEMENT DISTRIBUTION
Mr. Antonioni moves to amend the bill by inserting after Section 80 the following new section:-
"SECTION ___. Section 72 of chapter 44 of General Laws, as amended by section 55 of chapter 127 of the acts of 1999 is hereby further amended by inserting after the following sentence:- “Any funds received by a local government entity pursuant to the provisions of this section shall be considered unrestricted revenue of the local government entity and may be spent in accordance with any general or special law governing the expenditure of the entity’s revenues.”, the following sentence:‑
“provided, however, that a city shall deposit in a separate account for expenditure by the school committee no less than 50 percent of any such amount; provided further, that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 1998, provided, further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further, appropriation; provided further, that any expenditure from said account on items qualifying as net school spending shall supplement, and not substitute for, the net school spending requirement of the district; and provided, further, that the receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70.
Floor Number: 559
PUBLIC SCHOOL LIBRARIES
Mr. Antonioni moves to amend the bill by inserting after section 80, the following new section:-
SECTION ___: Section 2 of chapter 70 of the General Laws, as appearing in the 2000 official edition, is hereby amended by inserting after the word “Book” in line 38, the word “,
libraries”; by inserting after the word “books”, in line 39, the word “, libraries: and by inserting after the word “book”, in line 39, the word “, libraries,”.
Floor Number: 560
LOTTERY PAYOUT
Messrs. Lees, Tisei, Tarr, Hedlund, and Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ___, the following new Section: -
“SECTION ___. Notwithstanding the provisions of any general or special law to the contrary, the state lottery commission is hereby directed to structure the prize payouts for all lottery games in order to ensure that the aggregate lottery prize payout ratio, as defined by total prize payout as a percentage of total sales revenue, does not exceed 68.7 per cent.”
Floor Number: 561
CABLE INDUSTRY STUDY COMMISSION
Ms. Resor, Ms. Menard, and Mr. Tarr move to amend the bill (Senate 2300) be inserting, after Section 83, the following new Section:-
SECTION____. There shall be a special commission to conduct an investigation and study relative to the adequacy and effectiveness of existing licensing and regulation of cable
television operations by municipalities and the commonwealth in meeting the needs of consumers across the commonwealth. The Commission shall consist of three members of the senate
appointed by the senate president, three members of the house of representatives appointed by the speaker of the house, the Attorney General or appointed designee, and 5 members to
be appointed by the governor, 1 representing each of the following groups: Mass Municipal Association, Mass Technology Collaborative, and 3 members from municipal cable boards in
which one is from an urban community, one from the western part of the state and one from a suburban community. Said committee shall report findings, along with any recommendations
for legislation to the joint committee of government regulations of the general court, by no later than December 30, 2002.
Floor Number: 562
SUBSTANCE ADDICTION TREATMENT
Ms. Walsh, Ms. Menard, Mr. Tolman, Ms. Fargo, Ms. Wilkerson, Ms. Creem, and Mr. Antonioni move to amend the bill by inserting, after Section ____, the following new Section: -
"SECTION XXXX.
SECTION 1. Subsection (g) of section 6 of chapter 64H of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the following words: - “and one hundred and thirty-eight”.
SECTION 2.Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 2XX the following section: -
Section 2AAA. There shall be established and set up on the books of the commonwealth a separate fund to be known as the substance abuse health protection fund. Notwithstanding any general or special law to the contrary, there shall be credited to said fund from January 1, 2003 to December 31, 2005, 50 per cent of the amounts collected, and 100 per cent of the amounts collected after January 1, 2006, under section 2 of chapter 64H from the sale of alcoholic beverages for off premises consumption that are not considered to be sales of meals, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, all as determined by the commissioner of revenue according to his best information and belief; and any appropriation, grant, gift, or other contribution explicitly made to said fund at any time, and any income derived from the investment of amounts credited to said fund.
Amounts credited to said fund shall be expended, subject to appropriation, to provide funding, or supplement existing levels of funding, for the following purposes:
(a) For a comprehensive substance abuse treatment program, to be administered by the department of public health, for the treatment of individuals who are dependent on or addicted to alcohol or controlled substances, or both alcohol and controlled substances, and who lack public or private health insurance that would provide coverage for such treatment;
(b) To fund such substance abuse treatment programs that are administered by the office of community corrections, the department of corrections, the department of social services, the department of youth services, and the office of the commissioner of probation;
( c ) For comprehensive school health education programs, to be administered by the department of education, provided that such programs shall incorporate information relating to the hazards of alcohol and controlled substances use; and
(d) For workplace-based and community substance abuse prevention and drinking cessation programs, for substance abuse-related public service advertising and for drug and alcohol education programs, to be administered by the department of public health.
SECTION 3. Chapter 29 of the General Laws is hereby amended by inserting after section 2AAA the following section:-
Section 2BBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Homeless Shelter Assistance Fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund from January 1, 2003 to December 31, 2005, 25 per cent of the amounts collected under section 2 of chapter 64H from the sale of alcoholic beverages for off premises consumption that are not considered to be sales of meals, together with any penalties or forfeitures, interest, costs of suits and fines collected in connection therewith, all as determined by the commissioner of revenue according to his best information and belief; and any appropriation, grant, gift or other contribution made explicitly to the fund at any time and any income derived from the investment of amounts credited to the fund
Amounts credited to the fund shall be expended, subject to appropriation, to supplement existing levels of funding to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search and limited related services to the homeless and indigent as administered by the department of transitional assistance.
SECTION 4. Notwithstanding any general or special law to the contrary, from January 1, 2003 to December 31, 2005, 25 per cent of the amounts collected under section 2 of chapter 64H from the sale of alcoholic beverages for off premises consumption that are not considered to be sales of meals, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, all as determined by the commissioner of revenue according to his best information and belief, shall be credited to the Children’s and Seniors’ Health Care Assistance Fund as established by section 2FF of said chapter 29."
Floor Number: 563
MOVING CATV TO THE OFFICE OF THE ATTORNEY GENERAL
Ms. Resor, Ms. Menard move to amend the bill (S.2300) by inserting after section 35, the following new section:-SECTION 35A. Section 2 of chapter 166A of the General Laws, is hereby amended by striking out in line 1, the words “telecommunications and energy” and inserting in place thereof the words:- “the attorney general”.
Mr. Berry moves to amend the bill by inserting, after Section eighty-four,
the following new Section:-
SECTION______. Section 38 of Chapter 262 of the General Laws is hereby amended by deleting the section and inserting in place thereof, the following:
The fees of the registers of deeds, except as otherwise provided, to be paid when the instrument is left for recording, filing or deposit shall be as follows:
For entering or recording any paper, certifying the same on the original, and indexing it and for all other duties pertaining thereto, twenty dollars. For recording a deed or conveyance, fifty dollars. For recording a mortgage, forty dollars For recording a declaration of homestead, ten dollars. For recording and filming a plan, twenty-five dollars per sheet. For all copies of documents, whether copied out of books or generated electronically, one dollar per page. For copies of plans, two dollars per sheet. The fees of the registers of deeds are subject to a surcharge under section 8 of Chapter 44B.
$5 SURCHARGE - $2.50 to Registries of Deeds Technology and $2.50 to Corrections Technology.
Notwithstanding any special or general law to the contrary, the fees of the Registers of Deeds and of the Assistant Recorders, except as otherwise provided, to be paid when the instrument is left for recording, filing, or deposit shall be subject to a surcharge of five dollars. The surcharge shall be imposed for the purpose of modernization and technological improvements at the Registries of Deeds and Corrections. All surcharges on fees collected pursuant to this section shall be forwarded to the Registers Technological Fund set forth in the following section, or, in the case of county Registries and sheriffs, to the Deeds Excise Fund set forth in section 11 of Chapter 64D.
REGISTRIES OF DEEDS MODERNIZATION FUND
0540-0000 There shall be established and set up on the books of the commonwealth a separate fund known as the Registers Technological Fund, for the benefit of registers of deeds under the control of the office of the secretary of state. This fund shall consist of all revenues collected from the surcharge set forth in Section B. The state treasurer shall deposit all monies collected under Section B into the Registers Technological Fund, which shall be under the control of the secretary of state and shall be expended solely for the purposes modernization and technological advancement of the registries of deeds. Each register may petition the secretary to disburse a portion of the collected funds for the benefit of his or her registry.
The monies collected under Section B in the registries of deeds still subject to county oversight shall be deposited into the deeds excise fund established under section 11 of Chapter 64D. All monies so deposited under this act will be expended solely for the purposes of modernization and technological advancement of the registries of deeds, and sheriffs. The money so deposited under this act cannot be used as a substitute for monies received by registries of deeds under said Chapter 64D as set by past practice.
LAND COURT HOMESTEAD
Section 39 of Chapter 262 is hereby amended by adding the following:
The fee for filing a declaration of homestead shall be ten dollars.
MUNICIPAL LIEN CERTIFICATES FEES
Section 23 of Chapter 60 of the General Laws is hereby amended by striking “four dollars” from the eighth sentence and inserting in its place “ten dollars”
Floor Number: 565
RELATIVE TO LOCAL PROPERTY TAX EXEMPTIONS
Ms. Creem, Mr. Tarr, Ms. Fargo & Mr. Magnani move to amend the bill by inserting, after SECTION 20, the following new sections: --SECTION 20A. Subsection (g) of Section 21C of Chapter 59, as appearing in the 1992 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income, provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph “residence” and “taxpayer’s total income” shall have the same meaning as used in paragraph (k) of section six of Chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 20B. Subsection (h) of said section, as so appearing, is hereby amended by adding the following paragraph:
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayer’s total income, provided however, that the taxpayer’s total income together with the total income together with the total income of the taxpayer’s spouse shall not exceed $60,000. For the purposes of paragraph “residence” and “taxpayers total income” shall have the same meaning as used in paragraph (k) of section six of Chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 20C. Subsection (1 ½ ) of said section, as so appearing, is hereby amended by adding the following paragraph:
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayer’s total income, provided however, that the taxpayer’s total income together with the total income together with the total income of the taxpayer’s spouse shall not exceed $60,000. For the purposes of paragraph “residence” and “taxpayers total income” shall have the same meaning as used in paragraph (k) of section six of Chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 20D. Subsection (j) of said section, as so appearing, is hereby amended by adding the following paragraph:
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income, provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph “residence” and “taxpayer’s total income” shall have the same meaning as used in paragraph (k) of section six of Chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 20E. Subsection (k) of said section, as so appearing, is hereby amended by adding the following paragraph:
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds ten per cent of the taxpayers total income, provided however, that the taxpayer’s total income together with the total income of taxpayer’s spouse shall not exceed $60,000. For the purposes of this paragraph “residence” and “taxpayer’s total income” shall have the same meaning as used in paragraph (k) of section six of Chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1st of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
Mr. Havern moves to further amend the bill by adding at the end thereof the following new section:
“SECTION____. Notwithstanding any general or special law, rule, or regulation to the contrary, the Massachusetts Water Resources Authority Retirement System Board is hereby authorized to grant creditable service to a present employee who is a member of said retirement system who served as an employee of the United States House of Representatives and who has completed ten or more years of membership service; provided, however, such creditable service shall be determined by said board; further provided that such creditable service shall not be credited until such member has paid into the Massachusetts Water Resources Authority Retirement System, in one sum or in installments, upon such terms and conditions as said Retirement Board may prescribe make-up payments equal to the payments made by the member while in employment of the United State House of Representatives, plus the interest accrued on said payments.”
Floor Number: 567
STUDENT POPULATION GROWTH
Ms. Walsh, Mr. Moore and Mr. O'Leary move to amend the bill by inserting, after Section ____, the following new Section: -
"SECTION XXXX.
Chapter 59, section 21C(f) of the General Laws is hereby amended by inserting a new sentence at the end.
The total taxes assessed for the current fiscal year shall also be increased by an amount equal the product of the percentage increase from the previous school year to the present school year in student population attending the schools of the city, town or regional school district of which the city or town is a member and the approved school budget for the prior fiscal year.
Floor Number: 568
STATE LOTTERY FUND
Messrs. Lees, Tisei, Tarr, Hedlund, and Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ___, the following new Section: -
“SECTION ___. Notwithstanding the provisions of any general or special law to the contrary, if, in the event that the provisions of section ___ are enacted and the fiscal year 2003 State Lottery Fund revenues prove inadequate to support State Lottery Fund appropriations in sections 2 and 3, the comptroller, upon direction from the secretary of administration and finance, shall transfer funds from the Stabilization Fund to the State Lottery Fund sufficient to offset any potential shortfall in fiscal year 2003 revenues to the State Lottery Fund to ensure that said fund is in balance as of June 30, 2003.”
Floor Number: 569
AN AMENDMENT TO PROVIDE INSURANCE FOR VOLUNTEER FIREFIGHTERS
Mr. Tarr, Mr. Lees, Mr. Rosenberg, Mr. Brewer, Mr. Glodis, Mr. Knapik, Mr. Joyce, Mr. Tisei, Ms. Sprague and Mr. Hedlund move to amend the bill (Senate Bill 2300) by adding, at the end thereof, the following new section: -
SECTION___ “Section 2B of chapter 32B, as so appearing, is hereby amended by inserting, at the end thereof the following sentence: -
Any governmental units may provide health insurance coverage to such individuals and may require such individuals to pay any portion of the premium costs necessary to provide coverage to such individuals and a reasonable service charge.”
Floor Number: 570
AN AMENDMENT RELATIVE TO INCREASED WATER CONSERVATION
Mr. Tarr, Mr. Joyce and Mr. Hedlund move to amend the bill (Senate Bill 2300) by adding, at the end thereof, the following new section: -
“SECTION ___ Chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after Section 17F the following sections: —
Section 17G. The Department of Environmental Management, with assistance and support from the Department of Environmental Protection, is authorized and directed to establish a water conservation and water resources protection program. Said program shall be implemented to increase the efficiency of water use, mitigate the environmental impacts of water withdrawals, assess the effectiveness of various water conservation and water resource protection measures in increasing efficiency of water use, and to identify effective measures to protect and conserve water resources and biological resources throughout the Commonwealth. Said program shall include, but not be limited to:
(1) the establishment and implementation of a program for the installation of water conserving plumbing fixtures in residential, municipal, and state-owned buildings; for conducting water audits of residential, commercial and municipal buildings; for the installation of new, highly accurate water meters in commercial, municipal, and state-owned buildings, and for the development and implementation of landscape practices that eliminate or significantly reduce outdoor water use;
(2) technical assistance to municipalities, water districts and water authorities for comprehensive system wide water audits, water use accounting and reporting and intensive leak detection and repair programs;
(3) the preparation of model municipal bylaws/ordinances for site development, stormwater management, including stormwater infiltration and recharge, landscape and recreational facility design and irrigation and water conservation;
(4) the development of model water conserving rate structures and billing procedures that fully incorporate the cost of producing water and protecting water resources;
(5) the development of public education programs, school curricula, and supporting materials relating to water conservation and water resource protection;
(6) development of a methodology for estimating long-term water needs that considers the impact of community build-out projections and provides technical assistance to municipalities, water districts, and water authorities in developing water needs estimates; and,
(7) directing technical assistance to municipalities, water districts and water authorities in the efficient management, use and protection of water resources consistent with the purpose of this Act.
Model bylaws/ordinances, educational materials, technical assistance guidance documents, and other resources generated from said program shall be made available for the benefit of all municipalities of the Commonwealth, water districts, and water authorities. Participation of municipalities, water districts, and water authorities in any or all elements of the program shall be voluntary.
All elements of the water conservation and water resource protection program implemented by municipalities and water districts and water authorities shall be assessed as to their effectiveness by the Massachusetts Water Resources Commission, with the assistance of participating municipalities, water districts, water authorities and the Department of Environmental Management, the Department of Environmental Protection, and nongovernmental organizations concerned with water resources. Within five years of the passage of this Act the Water Resources Commission shall file a report with the clerk of the House and Senate identifying the success or failure of all measures developed and implemented under said program. Said report shall include recommendations for implementation of water conservation and water resource protection measures throughout the Commonwealth and an estimate of the funding necessary to implement such measures.
Section 17H. A sum of $150,000 is hereby provided to the Water Resources Research Center of the University of Massachusetts to conduct a study and prepare a report on the laws, regulations, and policies of the Commonwealth dealing with water conservation, water resource protection, drought preparedness, and instream flow. Said report shall identify any inconsistencies or potential inconsistencies of these laws, regulations and policies with the Federal Clean Water Act. Said report shall include recommendations for legislative, regulatory, and policy changes necessary to ensure the preservation of adequate instream flows to protect the native biological communities of the rivers and streams of the Commonwealth and to ensure an adequate supply of water to meet the health, safety and economic needs of the public. Said report shall include recommendations regarding additional water conservation measures needed to improve the efficiency of residential, commercial, industrial, institutional and agricultural water use in the Commonwealth, including, but not limited to, more aggressive leak detection and repair programs, and programs and/or policies to reduce unaccounted for water, including water meter responsibility for water meters, and the need for tax credits or other financial incentives to encourage water conservation.
Section 17I. The Water Resources Research Center of the University of Massachusetts, in consultation with the Department of Environmental Protection, the Department of Environmental Management, the Massachusetts Department of Fisheries, Wildlife and Environmental Law Enforcement, the United States Fish and Wildlife Service, and the United States Geological Survey, is authorized and directed to develop a methodology or methodologies for determining the level of instream flow sufficient to protect aquatic life in Massachusetts rivers and streams and other surface waters. Said methodology or methodologies shall account for natural annual variations in hydrology, including flow, depth, velocity, groundwater interaction and other relevant factors. Upon completion, said methodology or methodologies shall be submitted to the Department of Environmental Protection, the Department of Environmental Management, and the Water Resources Commission as a recommendation for establishing instream flow needs under the Water Management Act (MGL Chapter 21G) and Interbasin Transfer Act (MGL Chapter 21:8D).
No later than two years following the passage of this Act, a methodology or methodologies shall be completed and adopted by the water resources commission, pursuant to the administrative procedures act, and a report describing the methodology or methodologies shall be filed with the clerks of the Senate and House of Representatives. A sum of $250,000 is hereby authorized for the development of said methodology or methodologies. Until said methodology or methodologies are completed, all future instream flow decisions pertaining to new or increased water withdrawals or interbasin transfers pursuant to the Water Management Act and its implementing regulations and the Interbasin Transfer Act and its implementing regulations shall consider site specific information, including but not limited to, stream flows and their variability, groundwater levels and interaction with surface water, water velocity, depth, temperature, water chemistry, native biota and habitat suitability. Insofar as site-specific information sufficient to make permitting decisions is unavailable and unobtainable during the permitting period, the stream flow guidelines of the United States Fish and Wildlife Service Interim Regional Policy for New England Stream Flow Recommendations shall be used.
Section 17J. Notwithstanding the provisions of any general or special law to the contrary, the water pollution abatement trust established under the provisions of chapter 29C of the general laws is hereby authorized and directed, subject to the appropriation provided herein, to provide loan and financial assistance to eligible borrowers to finance the costs of water conservation projects, or portions thereof, which have been approved by the department of environmental protection. As used in this section, the term “eligible borrower” shall mean municipalities, water districts, and water authorities. As used in this section, the term “water conservation project” shall mean a project of a type or category which the department has determined shall promote water conservation and increased efficiency of water usage, including, but not limited to, the implementation of programs for the replacement of plumbing fixtures not meeting the 1998 federal water efficiency standards as established by the Federal Energy Act of 1992; the conducting of water audits by municipalities, water districts, and water authorities to identify opportunities to reduce water use; the installation of new, highly accurate water meters in commercial, municipal, and state-owned buildings; enhanced municipal ownership and maintenance responsibility for water meters; and the planning and design of other eligible water projects that increase water conservation and the efficiency of water usage. The trust shall provide loan and financial assistance to eligible borrowers for each water conservation project or portion thereof authorized by this section in such manner and under such terms and conditions as shall be determined by the board of trustees of a trust up to a maximum amount of $2,000,000 per fiscal year of the commonwealth and up to $10,000,000 in the aggregate.”
Floor Number: 571
AN AMENDMENT TO IMPROVE SENIOR TAX CLASSIFICATION
Mr. Tarr, Mr. Lees, Mr. Moore, Ms. Resor, Mr. Knapik, Mr. Joyce, Mr. Tisei, Ms. Sprague and Mr. Hedlund move to amend the bill (Senate Bill 2300), by inserting at the end thereof the following section: -
SECTION___. Clause forty-first C of Section 5 of Chapter 59 is hereby amended by adding at the end thereof the following: -
“(C) that a city, by vote of its council and approval of its mayor, or a town, by vote of town meeting, adjust the following factors contained in these provisions by:
1. reducing the requisite age of eligibility to any age 65 years or more
2. increasing either of both of amounts contained in the first sentence, by not more than one hundred percent.
3. increasing the amounts contained in provision (B) whenever they appear in said clause from $13,000 to not more than $20,000 and from $15,000 dollars to not more than $30,000.
4. increasing the amounts contained in provision (C) whenever they appear in said clause from $28,000 dollars to not more than $40,000, from $30,000 to not more than $55,000.
and by further excluding from the determination of whole estate up to three dwelling units.
Floor Number: 572
AN AMENDMENT FACILITATING THE DEVELOPMENT OF UNDERUTILIZED FACILITIES AND PROPERTIES FOR HOUSING IN THE COMMONWEALTH
Mr. Tarr and Mr. Hedlund move to amend the bill (Senate Bill 2300) by adding, at the end thereof, the following new section: -
SECTION___. Section 1. It is the policy of the Commonwealth to encourage the development of housing for its citizens. Consistent with that policy, it is the Commonwealth’s intent, when feasible, to expedite making available underutilized property, which is owned by the Commonwealth and determined to be not needed for foreseeable state or direct public use pursuant to Section 40F of Chapter 7 of the General Laws, for the primary purpose of creating or redeveloping housing on such property.
Section 2. Chapter 7 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting, after Section 40F ½, the following section:
Section 40F ¾. (a) For purposes of this section, the following terms shall have the following meanings, unless context clearly requires otherwise:
(1) “Affordable,” with respect to housing, affordable to low or to moderate income households where the household pays no more than 30% of household income as rent or no more than 40% of household income for homeownership expenses of principal, interest, insurance and taxes.
(2) “Agency,” the Massachusetts Development Finance Agency established pursuant to Chapter 23G.
(3) “Agency reuse plan,” in the case of any potential housing property to be transferred under subsection (b) below, any redevelopment plan or plans relating to the development of such potential housing under the terms of Section 16 of Chapter 23G.
(4) “Agency Transfer Request,” a request provided by the agency to the Commissioner in response to the agency’s receipt of notification from the Commissioner pursuant to paragraph 2 of subsection (a) of Section 40F ½ of Chapter 7 that all or part of the surplus property whish is the subject of said notification be transferred to the agency for disposition by the agency for housing development. Such request shall contain the terms and conditions upon which the agency would accept transfer of such land.
(5) “Commissioner,” the commissioner of the division.
(6) “Department,” the department of housing and community development.
(7) “Director,” the director of the department.
(8) “Division,” the Division of Capital Asset Management and Maintenance.
(9) “Division reuse plan,” with respect to any potential housing property to be transferred pursuant to subsection (c) below, any plan relating to the development of such potential housing property which the Commissioner has approved in writing.
(10) “Housing,” single and multi-family housing.
(11) “Housing development,” the development or rehabilitation of potential housing property with a significant number of units of housing, as determined by the agency, the director and the commissioner; provided, however, that the development of such housing units may be accompanied by commercial, recreational, industrial, municipal, or other non-residential use of the property is not inconsistent with the development of said units of housing. In determining whether the number of units is significant, the director and the commissioner and also, in the case of an agency transfer request, the agency, shall consider, without limitation, the need for housing and for affordable housing in the surrounding community, the size of the potential housing property and the potential housing property’s physical characteristics. All development on potential housing property undertaken pursuant to this section must be consistent with any agency reuse plan or division reuse plan and must take into consideration any other local plan approved by the community in which the property is located.
(12) “Low-or-moderate-income,” with respect to households, low-income is household income which is 50% of area median income or less and moderate-income is household income which is between 50% and 80% of area median income, as determined by the United States Department of Housing and Urban Development.
(13) “Potential housing property,” state-owned land that (i) has been determined by the commissioner, acting pursuant to Section 40F of Chapter 7, to be surplus as to both the current and foreseeable needs of state agencies and to public agencies for direct public use, (ii) is not subject to article XCVII of the articles of amendment of the constitution of the Commonwealth, and (iii) is determined by the commissioner and the director to be suitable for use for housing or housing development. In determining whether said land is suitable for use for housing or housing development, the commissioner and director shall consider any existing reuse plan approved by the commissioner and any other existing reuse plans adopted by the community or communities where the land is located or prepared by the elected officials of the municipality in which such land is located.
(b) (1) Notwithstanding the provisions of Sections 40E through 40F ½ and 40H of Chapter 7,l but in accordance with the provisions of this section, the commissioner is hereby authorized, if an agency transfer request for a potential housing property has been submitted by the agency to the commissioner in compliance with the provisions of this section, to transfer for the purpose of housing development said property to the agency pursuant to the terms contained in the agency transfer request, provided that the agency may acquire, take possession, care and control of such potential housing property only after an agency reuse plan for such lands has been approved by the agency’s board of directors; the city council, board of aldermen, town council or board of selectmen of the municipality or municipalities in which the potential housing property is located; the division; and the department, which approvals shall not occur until a public hearing is held on said agency reuse plan in accordance with the provisions of Section 16 of Chapter 23G. Said agency reuse plan shall be developed, reviewed, and voted upon by such persons or entities in an expeditious manner. The potential housing property shall be developed in accordance with such approved plan. No such agency reuse plan shall be approved unless the agency and the department find that such plan provides for housing development of the potential housing property, and furthermore, that at least 25% of the housing units of such housing development shall be affordable to low or to moderate-income households. Such affordable low to moderate-income housing shall be subject to affordable housing restrictions and shall remain affordable housing for a period of not less than 30 years. The agency shall be authorized and directed to place covenants and provisions, including affordable housing restrictions, in any document evidencing the sale, lease, conveyance or disposition of potential housing property for affordable housing development pursuant to subsection (b) providing for the restrictions on and maintenance of affordability for not less than 30 years. Without limiting the foregoing, and where feasible, the remaining housing units shall provide housing options for households having a broad range of household incomes.
(2) In the event that the city council, board of aldermen, town council, or board of selectmen of the municipality or municipalities in which the potential housing property is located do not approve any agency reuse plan within a twelve month period of the date of such agency reuse plan’s approval by the agency’s board of directors, and such period is not extended by the mutual agreement of the agency, department and divisions, then such potential housing property shall not be transferred to the agency under this subsection (b) pursuant to the agency transfer request relating to such agency reuse plan. At and after such time, the commissioner may transfer such potential housing property in accordance with the terms of subsection (c) below:
(3) The agency may dispose of any potential housing property acquired pursuant to subsection (b) in accordance with Chapter 23G and this Section 40F ¾. Net proceeds received by the agency from the final disposition by the agency to at third party of any potential housing property transferred to the agency pursuant to subsection (b) shall, after reimbursement to the agency of land preparation, remediation and other related costs directly incurred by the agency, and payment of other reasonable administrative fees as outlined in the agency transfer request, be deposited into a fund established and maintained by the agency to be known as the MassDevelopment Housing Fund for the purpose of housing development, including, but not limited to, environmental remediation, land preparation and other costs related to land transferred to the agency pursuant to this subsection (b).
(c) (1) If the agency elects not to submit an agency transfer request for a potential housing property; or a potential housing property is not transferred to the agency because an agency reuse plan was not approved within the time frame set forth in section (b)(2) above, then, notwithstanding the provisions of Sections 40E through 40F ½ of Chapter 7, but in accordance with the provisions of this subsection (c), the commissioner is hereby authorized to sell, lease for a term or terms which in the aggregate do not exceed ninety-nine years, transfer or otherwise dispose of such potential housing property for the purpose of housing development subject to the provisions of this section an the requirements contained in any approved division reuse plan and any reuse restrictions required by this subsection (c).
(2) Any disposition of potential housing property by the division pursuant to this subsection (c) shall be subject to such reuse restrictions, if any, as the commissioner and the department shall deem necessary; provided, that in determining such reuse restrictions, the commissioner and the department shall consult with elected officials of the municipality or municipalities in which such potential housing property is located, and if the commissioner has approved a division reuse plan for the potential housing property, the reuse restrictions determined by the commissioner and the director shall be consistent with such division reuse plan. Without limiting the foregoing, the commissioner and the director, in connection with any disposition of potential housing property by the division pursuant to this subsection (c), shall require housing development of the potential housing property, and furthermore, that at least 25% of the housing units of such housing development shall be affordable to low and to moderate-income households. Such affordable low or moderate-income housing shall be subject to affordable housing restrictions and shall remain affordable housing for a period of not less than 30 years. The division shall be authorized and directed to place covenants and provisions, including affordable housing restrictions, in any document evidencing the sale, lease, conveyance or disposition of potential housing property for affordable housing development pursuant to this subsection (c) providing for the restrictions on and maintenance of affordability for not less than 30 years. Without limited the foregoing and where feasible, the remaining housing units shall provide housing options for households having a broad range of household incomes.
(3) With respect to any potential housing property conveyed by the division pursuant to subsection (c).
(A) The price for any sale, lease, conveyance or disposition of such potential housing property shall be the fair market value of said property as determined by the commissioner in consultation with the director, taking into consideration its use for housing development purposes pursuant to this subsection (c); the projected costs of such housing development, including site preparation, demolition, environmental remediation and related expenses; and any restrictions imposed by the commissioner and director, including the required development of affordable housing, pursuant to this subsection (c) and any other public purposes, provided that, in any event, notwithstanding the foregoing, “fair market value” of any potential housing property shall be determined by the commissioner in his discretion so as to ensure the proposed housing development’s financial feasibility.
(B) The recipients of any transfer of such potential housing property from the commissioner shall be responsible for the costs of any appraisals; surveys, including, but not limited to, the costs in full of preparing a recordable survey and the costs of recording said plan with the appropriate registry of deeds or filing said plan with the appropriate registry district of the land court; and other expenses relating to the transfer of said property deemed necessary by the commissioner for the conveyance of said property.
(C) Twenty-five percent of the proceeds of the purchase price for any potential housing property transferred pursuant to subsection (c) shall be deposited into the affordable housing trust fund created pursuant to Chapter 121D of the General Laws. The remained of the proceeds shall be deposited in the General Fund.
Floor Number: 573
AN AMENDMENT ESTABLISHING A PROGRAM OF EDUCATION OF THE FLAG OF THE UNITED STATES OF AMERICA
Mr. Tarr, Mr. Lees, Mr. Knapik, Mr. Brewer, Mr. Tisei, Ms. Sprague and Mr. Hedlund move to amend the bill (Senate Bill 2300) by adding, at the end thereof, the following new section: -
“Chapter 71 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in Section 2 by adding, after the word “government” the following: -
and a program relating to the flag of the United States of America, including but not limited to proper etiquette, the correct use and display of the flag, and the provisions of U.S.C. 170 to 177.”
Floor Number: 574
AN AMENDMENT RELATIVE TO PREPAID LEGAL SERVICES
Mr. Tarr moves to amend the bill (Senate bill 2300) by adding, at the end thereof, the following new section: -
SECTION___.
The General Laws are hereby amended by inserting after chapter 176H the following new chapter:
Chapter 176 H ½ PREPAID LEGAL SERVICES.
Section 1. Purpose and Interpretation. The purpose of this chapter is to provide for the rules and procedures for the establishment and operation of prepaid legal companies, their
representatives and prepaid legal plans. For purposes of this chapter, prepaid legal plans shall not be considered insurance products and a prepaid legal company and their
representatives shall not be considered insurers and thereby, such company and its representatives shall not be subject to the provisions of chapters 175, 175A, and 176H of the General
Laws. The provisions of this chapter shall apply to all companies and their representatives that are selling, soliciting, or negotiating prepaid legal plans as defined by this chapter to citizens
of the Commonwealth.
Section 2. Definitions.
The following words, as used in this chapter, shall have the following meanings:
(1) “Office” means the Office of Consumer Affairs in the Executive Office of Consumer Affairs and Business Regulation.
(2) “Prepaid Legal Company” means a person or entity offering prepaid legal services to the general public or a segment of the general public.
(3) “Prepaid legal services” means legal services or reimbursement for legal services provided by the provider law firm or an attorney within the provider network. Such services are
provided in return for a predetermined, specified, periodic fee.
(4) “Provider Law Firm” means the law firm that the prepaid legal services company enters into a contract with to render the legal services covered by the membership contract.
(5) “Subscriber” means any person who has been enrolled in a prepaid legal services plan and is entitled to receive the benefits provided in the plan. Section three. Registration.
(A). Before commencing business in the Commonwealth, any prepaid legal services company must register with the office on a form prescribed by the office. The form must be
accompanied by a bond or letter of credit acceptable to the office in the amount of fifty thousand dollars, which must remain in force so long as the prepaid legal services company does
business in the Commonwealth. Every company shall be directed to provide the office with a list of all of its representatives that will be directly involved in the negotiating, soliciting and
selling of prepaid plans to the general public in the Commonwealth. A company must file the list no later than March first of each year commencing immediately after registration required
pursuant to this subsection.
(B). A prepaid legal services company must administer a product knowledge test to all of its representatives that will be directly involved in the selling, soliciting, and negotiating of
prepaid legal plans in the Commonwealth. The test shall be based specifically on the company’s plan and is designed to ensure that the company’s representatives are knowledgeable
about the product. The company will be responsible for conducting the examination and shall certify on a form filed with the office along with its registration and renewal application that
said company has administered the examination in compliance with this chapter and section and that the representative has sufficient knowledge about the product. The Company will
provide individual or group test results upon the request of the Office.(C). No later than March first of each year, commencing immediately after registration required by section two of
this chapter, a prepaid legal services company registered with the office must file on a form prescribed by the office an updated registration statement to include a sworn affirmation as to
continuation of the bond or letter of credit and updated list of its representatives transacting business in the Commonwealth as required by section three of this chapter.
(D). Contracts offering prepaid legal services must be filed with the office for approval prior to being offered to the general public or a segment of the general public. Approval will only
be withheld if the contract is false, misleading, unfair, deceptive, or is in violation of this chapter or other applicable law.
(E). Every subscription contract shall be in writing and shall contain the following provisions:
a) A statement of the amount of benefits, reimbursement or indemnity to be furnished to each consumer/subscriber, and the period during which it will be furnished; and, if there are exceptions, reductions, exclusions, limitations or restrictions of such benefits reimbursement or indemnity, a detailed statement of such exceptions, reductions, exclusions, limitations, or restrictions.
b) A statement of the terms and conditions upon which the subscription contract may be cancelled or otherwise terminated by the sponsor or the subscriber or by his employer or group.
c) A statement describing the applicability or nonapplicability of the benefits of the plan to the family dependents of the subscriber.
d) A statement describing a procedure for settling disputes between or among the sponsor, participating or staff attorneys, and the subscribers.
Section four. Complaints.
A consumer/subscriber aggrieved by a prepaid legal company or its representative may file a complaint with the Consumer Complaint Information Section under the Public Protection
Bureau in the Office of the Attorney General.
Floor Number: 575
AN AMENDMENT RELATIVE TO VOLUNTEER SERVICES FOR THE ELDERLY
Mr. Tarr, Mr. McGee, Ms. Resor, Mr. Lees, Mr. Knapik, Mr. Joyce, Mr. Tisei, Ms. Sprague and Mr. Hedlund move to amend the bill (Senate Bill 2300), by adding, at the end thereof, the following new section: -
SECTION___. Section 5K of Chapter 59 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 13 by striking out the figure “500” and replacing it with the figure “750”.
Floor Number: 576
AN AMENDMENT RELATIVE TO EXPANDED HEALTH CARE COVERAGE
Mr. Tarr moves to amend the bill (Senate bill 2300) by adding the following new sections: -
SECTION___ Chapter 118E of the General Laws is hereby amended in Section 9C by striking the figure “200” in the second paragraph and replacing it with the figure “250”.
SECTION___ The Division of Medial Assistance shall develop a graduated system of eligibility based on levels for incomes below 200 percent of the federal poverty level, from 201 to 225 percent of the federal poverty level, and from 226 percent to 250 of the federal poverty level. This system shall provide proportionally for levels of assistance, which shall decrease progressively for those categories of eligibility above 200 percent of the federal poverty level.
Floor Number: 577
Mr. Tolman moves that the bill be amended, in section 2, by inserting after section 84 the following new sections:-
SECTION 1. Chapter 28A of the general laws is hereby amended by inserting after section 4 the following new section: - Section 4A. The secretary of the executive office of health and human services shall convene interagency children’s services teams for determining which agency or agencies within the jurisdiction of said secretary shall provide or contract for appropriate services to a child in cases when disputes arise among agencies over the delivery of services to a child or when such services are not being provided to a child. For purposes of this section, “agency” shall mean any department, office, commission, board, institution, or other agency of the commonwealth within the executive office of health and human services.
The secretary or his designee shall chair such local or regional teams and preside over meetings. Such teams shall also include the commissioner or chief executive officer, or his designee, of the following agencies: the department of public health, the department of social services, the department of education, the department of transitional assistance, the department of mental retardation, the department of mental health, the commission on the deaf and hard of hearing, the Massachusetts rehabilitation commission, the commission for the blind, or any other agency as deemed necessary by the secretary to ensure delivery of appropriate and needed services to a child.
Such teams shall review such cases on a local or regional basis and seek to identify the services necessary to resolve such cases; designate the agency or agencies which shall provide or contract for such services; direct such designated agency or agencies to accept responsibility for such child and provide or contract for such services; and provide opportunities to receive testimony and evidence from such child, the family of such child, the representative of such child or such family, or the representative or other employee of such agency.
If no decision is agreed upon by a majority of the team, the secretary shall designate and require an agency to provide appropriate and needed services to such child. If a designated agency fails to provide services to a child in a manner consistent with the decision of the team, the secretary shall review the matter. If said secretary finds that such decision of the team is reasonable and within the jurisdiction of the designated agency, he shall direct such agency to provide services in accordance with the decision of the team and shall take any other action consistent with state law to ensure that appropriate services are provided to such child.
The teams shall have full access to, and the agencies shall provide all information relevant to such cases, notwithstanding any provisions of chapter sixty-six A, chapter one hundred and nineteen, chapter one hundred and twelve, or any other law to the contrary related to the confidentiality of personal data. However, all confidential information shall be returned to its originating source upon completion of this process and shall not be retained by the team or any member thereof and no member of the team shall disseminate any confidential information revealed during this process.
For purposes of this section, “child” shall mean a person under the age of eighteen, or under the age of twenty-two if such person is disabled or has special needs.
The secretary shall issue an annual report summarizing the activities of the teams during the preceding fiscal year.
SECTION 2. Section 3 of chapter 71B of the general laws as appearing in the 2000 official edition is hereby amended by inserting after paragraph 18 the following new paragraph: - If a student’s individual education plan necessitates special education services in a day or residential facility or an educational collaborative, the IEP team shall consider whether the child requires special education services and supports to promote the student’s transition to placement in a less restrictive program. If the student requires such services, then the IEP shall include a statement of any special education services and supports necessary to promote the child’s transition to placement in a less restrictive program.
SECTION 3. The Department of Education shall develop after consultation with the Massachusetts association of school superintendents, the Massachusetts administrators for special education, the Massachusetts association of 766 approved private schools, and parents for residential reform, a model contract which may be used by districts and approved private special education schools.
SECTION 4. The Department of Education shall publish after consultation with the Massachusetts association of school superintendents, the Massachusetts administrators for special education, the Massachusetts association of 766 approved private schools, and parents for residential reform, guidelines for accepted business practices for use with approved private special education programs. Said guidelines shall include, but not be limited to, student attendance reporting, tuition invoicing and payment and student termination.
SECTION 5. The operational services division of administration and finance shall, after consultation with the department of education, the Massachusetts association of school superintendents, the Massachusetts administrators for special education, and the Massachusetts association of 766 approved private schools, promulgate regulations regarding prompt notification to purchasers of submission of applications for program changes. Such notification shall include the tuition price the program has requested for each student from the sending district.
The department of education shall review and take action on applications for program changes with due diligence and without undue delay. The department shall give priority first to applications that address health and safety issues, second to applications that address non-compliance with state or federal special education requirements, and third to all other applications. The approved tuition price shall, except if it is required for extraordinary relief, so called, take effect during the next fiscal year following approval by the department of education, in accordance with regulations promulgated by the operational services division. In requests for tuition increases, except for those pursuant to extraordinary relief, the applicant shall notify relevant public schools and other public purchasers of the requested tuition prior to December 1 of the fiscal year in which the application is filed. No program shall be required to implement program changes until the effective date of the tuition increases; provided, however, however, that the program shall be required to implement all students’ individual education plans.
SECTION 6. The state advisory commission for special education is hereby authorized to investigate and study exit measurements for students with disabilities, accommodations for students with disabilities for the MCAS exam, so-called, and the alternate assessment to MCAS for students with disabilities, Chapter 71B private school tuition pricing, and the feasibility of training and partnership grants for disseminating best practices, training staff in use of assistive technology and collaboration on programs and services in the delivery of special education services. For the purposes of this section, the state advisory council shall consult with the operational services division of administration and finance, the department of education, school superintendents, school committee members, special education administrators, collaborative directors, parents and consumers, and representatives of approved private schools. The state advisory commission for special education shall report to the board of education and to the general court the result of its investigation and study and its recommendations as well as any minority report, by filing the same with the clerk of the house of representatives, and the clerk of the senate, on or before May 1, 2003 but may issue interim reports from time to time.
SECTION 7. The ninth paragraph of section 274 of chapter 110 of the acts of 1993 is hereby amended by adding the following sentence: “The division shall also notify superintendents of this estimated rate of inflation by December 1.”
SECTION 8: The Department of Education shall collect data on the number of students whose special education costs meet the criteria of line item 7061-0012, shall analyze the fiscal impact of this line item on districts and the commonwealth; and shall report its findings, along with any proposed recommendations, to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than March 1, 2003.
SECTION 9. Paragraph (b) of Section 5A of chapter 71 B of the general laws as appearing in the 2000 official edition, is hereby amended by striking out the definitions “in-district programs” and “out-of-district programs”.
SECTION 10. Paragraph (c ) of said section 5A of said chapter 71B,as so appearing, is hereby amended by striking paragraph ( c ) and inserting in place thereof the following paragraph:-
( c )Instructional costs eligible for reimbursement under said program shall
be reported by a school district to the department in a form and manner as prescribed
by the commissioner. For each such school district, the department shall review
said report and approve those per pupil instructional costs that are eligible
for reimbursement pursuant to said program within thirty days of submission.
Based upon said approved costs, the department shall calculate the reimbursement
due a municipality. The costs of programs shall be reimbursed at 75% of all such approved costs that exceed 4 times the
state average per pupil foundation budget, as defined in said chapter 70, for
the current fiscal year.
SECTION 11. The operational service division of administration and finance and the department of education shall jointly study issues related to cost increases for matters of health and safety, as defined by state and federal regulations and as required by the department of education where the department of education has determined that certain cost increases must be implemented prior to the effective date of the tuition increase resulting from program reconstruction. In conducting their study, said agencies shall seek input from the Massachusetts association of approved private schools, the Massachusetts administrators for special education, the Massachusetts association of school superintendents and parent consumers. The operational service division of administration and finance and the department of education shall report to the general court the result of their investigation and study and their recommendations, if any, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before January 31, 2003.
Floor Number: 578
AN AMENDMENT REGARDING THE UNCOMPENSATED CARE COMMISSION.
Mr. Berry moves to amend the bill by inserting, after Section eighty-four,
the following new Section:-
SECTION_____. Section 74 of Chapter 177 of 2001 is hereby amended striking out the number “4” and inserting in place thereof, the following number:- “5”
Mr. Berry further moves to amend Section 74 of Chapter 177 of 2001, by inserting after the word “Roundtable”, the following wording, “ 1 from the Massachusetts Council of Community Hospitals.”
Floor Number: 579
TOBACCO SETTLEMENT FUND SECURITIZATION
Messrs. Lees, Tisei, Tarr, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ___, the following new Section: -
“SECTION ___. Notwithstanding any general or special law to the contrary, within sixty days of the passage of this act the governor shall direct the treasurer to sell, pledge, or otherwise securitize a portion not to exceed thirty percent of the commonwealth’s tobacco receipts pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Phillip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378. Upon direction by the governor, the treasurer, in consultation with the secretary of administration and finance, shall take any and all actions necessary to accomplish and facilitate said securitization, including but not limited to establishing a public corporation or any other public entity for such purpose. Any obligations issued pursuant to this section shall be payable solely from the portion of tobacco payments securitized pursuant to this section. Any obligations sold shall be for the benefit of the people of the state, and any corporation, trust, or other entity established pursuant to this section shall not be required to pay taxes of the state or any political subdivision of the state of any kind. Interest on obligations issued pursuant to this section shall at all times be free from taxation by the commonwealth and by any political subdivision of the commonwealth. Any obligations issued by the corporation shall be non-recourse to the commonwealth and its political subdivisions and instrumentalities and shall not constitute a debt, liability, or obligation of the state or any political subdivision thereof other than the corporation, nor shall said obligations constitute a pledge of the faith and credit of the commonwealth or any political subdivision.”
Mr. Rosenberg moves to amend the bill, by inserting a new Section:-
Section XXX. Chapter 151 of the Acts of 1996, Section 567(i) is hereby amended by striking the words "The salary of such register shall be set at a sum equivalent to sixty percent of the salary of an associate justice of the land court." and inserting the words "The registry shall be designated a tier 2 registry and the salary of the register shall be consistent with the salaries of tier 2 registers."
Mr. Rosenberg moves to amend the bill, by inserting the following new Section:,
SECTION XXX. Notwithstanding any provisions in Chapter 219 of the Acts of 2001 and Chapter 62 of the Acts of 2002, institutions of public higher education shall be allowed to refill as many of the positions lost to early retirement as funding will permit.
Floor Number: 582
STATE AGENCY OFFICE SPACE PROCUREMENT STUDY COMMISSION
Mr. Lees moves to amend the bill by inserting, after Section __, the following new Section:-
“SECTION __. (a) There shall be a special commission charged with studying the feasibility, costs and benefits of mandating that all office space procurement activities be conducted by the Division of Capital Asset Management and Maintenance. The commission shall determine the costs currently being incurred through the utilization of agencies’ internal personnel for the office space procurement purposes of those agencies in relation to the costs of consolidating all such activities under the authority of the Division of Capital Asset Management and Maintenance. A report of the findings and recommendations of the commission shall be submitted to the clerks of the senate and the house of representatives within 180 days of the effective date of this act.
(b) This commission shall consist of 9 members. Three members shall be appointed by the Governor. Two members shall be appointed by the speaker of the house of representatives. One member shall be appointed by the minority leader of the house of representatives. Two members shall be appointed by the senate president. One member shall be appointed by the senate minority leader.”
Floor Number: 583
AN AMENDENT REGARDING MEDICAID PRESCRIPTIONS.
Mr. Berry moves to amend the bill by inserting, after Section eighty-four,
the following new Section:-
SECTION_____. Section 12 of Chapter 118E is hereby amended by inserting at the end thereof the following: -
Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division shall not require prior authorization or impose any other restriction on medications used to treat HIV or mental illnesses including but not limited to, schizophrenia, severe depression, or bipolar disorder. The division shall make available
medications for persons with mental illnesses including atypical antipsychotic medications, conventional antipsychotic medications, and other medications used for the treatment of mental illnesses without restriction or without preference for one medication over another or one class of medications over another.
Floor Number: 584
RELATIVE TO DRUG MANDATORY MINIMUM SENTENCES
Ms. Creem, Mr. Travaglini, Ms. Wilkerson, Mr. Travaglini and Mr. O'Leary move to amend the bill by adding at the end thereof the following new sections:
SECTION 1. Notwithstanding the provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws, or any other general or special law to the contrary, persons serving mandatory minimum sentences for violations of the above referenced sections as of July 1, 2002 shall be eligible for parole after serving two-thirds of their maximum sentence.
SECTION 2. Section 32H of chapter 94C, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 13, the word “parole,” and is hereby further amended by inserting at the end of said section the following paragraph:-
Notwithstanding any general or special law to the contrary, a person convicted of violating any provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws shall be eligible for parole after serving two-thirds of the maximum term of imprisonment imposed.
Floor Number: 585
CREDITABLE SERVICE
Mr. Hart of Boston moves to amend the bill by inserting, after Section_____, the
following new Section:
“SECTION 1. Notwithstanding the provisions of any law to the contrary and in order to promote the public good, any employee of the City of Boston, whose employment was terminated in nineteen hundred and eighty-one or nineteen hundred and eighty-two due to a reduction in force and subsequently was reinstated to his or her former position on or before July first, nineteen hundred and eighty-four, shall be credited with active service for such period of employment. Such credited service shall be included as part of his length of service, and shall be applied to his seniority, promotional examinations and retirement; provided, however, that said employees shall be required to pay into the Annuity Savings Fund of the retirement system in one sum, or installments upon conditions as the retirement board shall prescribe, an amount equal to the accumulated regular deductions otherwise payable had he or she remained an active member in service during said period of unemployment at the rate of compensation he or she was receiving at the time of aforesaid termination of employment together with the regular interest thereon; and provided, further, that said employee shall be required to pay into the Annuity Savings Fund of the retirement system in one sum, or installments upon conditions as the retirement board shall prescribe, an amount equal to the accumulated regular deductions withdrawn, if any, with the regular interest.
SECTION 2. This section shall take effect upon passage.”
Floor Number: 586
BALANCING BUDGET - GROWTH LIMIT
Mr. Baddour moves to amend the bill by inserting, after Section ___, the following new SECTION__.
SECTION 1 of chapter 29, as appearing in the 2000 Official Edition, is hereby amended by striking in lines 13 through 15, inclusive, the definition for 'Balanced Budget' and inserting in place thereof the following definition:-
'Balanced Budget', a condition of state finance in which the following requirements are met:
(i) the consolidated net surplus at the end of the fiscal year is greater than or equal to one-half of one percent of state tax revenues for such fiscal year;
(ii) the amount transferred to the stabilization fund pursuant to subsection (a) of section 5C is greater than or equal to one per cent of state tax revenue for such fiscal year;
(iii) and the total amount expended in the general appropriations act and any supplemental appropriations acts adopted subsequent to the passage of said general appropriations act shall not exceed 102 per cent of the expenditures projected in the immediately prior fiscal year plus the rate of inflation, which for the purposes of this subsection shall be defined as the percent increase in the implicit price deflator for state and local government
purchases during the most recent twelve-month period for which data is available but shall not be less than 0%; provided further, that transfers or appropriations to the stabilization fund established by section 2H of this
chapter, local aid expenditures from the state lottery fund, expenditures from intergovernmental transfers and other forms of federal financial participation which are 100 per cent reimbursable to the Commonwealth and which require no
expenditure of state funds shall not be subject to the provisions of this subsection.";
SECTION 2 - Section 5B of said chapter 29, as so appearing, is hereby amended by striking the last paragraph and inserting in place thereof the following:-
On or before January tenth, the commissioner shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be
agreed to by the commissioner and said committees. In developing such a consensus tax revenue forecast, the commissioner and said committees, or subcommittees of said committees, are hereby authorized to hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts. Said consensus tax estimate shall include an estimate of taxes collected pursuant to chapter 62 for capital gain income, as defined therein. Within said estimate of taxes collected on capital gain income, there shall be identified a base amount and a growth amount. The base amount shall be the amount of capital gain income taxes collected in fiscal year 2003 as estimated by the commissioner of the department of revenue; provided, that said base amount shall grow at the rate of inflation defined as the percent increase in the implicit price deflator for state and local government purchases during the most recent twelve-month period for which data is available. The growth amount shall be the amount of capital gain income taxes identified by the commissioner of the department of revenue above the base amount. Said growth amount shall not be used in the tax estimate of revenues available for expenditure in the general appropriations act or any supplemental appropriations acts for the ensuing year. Said consensus tax revenue forecast shall be included in a joint resolution and placed before the
members of the general court for their consideration. Such joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered for the general appropriation
act for the ensuing fiscal year.
SECTION 3. Section 2 of chapter 62F of the General Laws is hereby amended by inserting the following definitions:-
'Cumulative net state tax revenues,' the sum of the net state tax revenues collected in each quarter of the fiscal year, year-to-date.
'Cumulative permissible tax revenues,' the sum of the permissible tax revenues for each quarter of the fiscal year, year-to-date.
'Permissible revenue growth rate', growth rate of two percent over the rate of inflation. For this purpose, the rate of inflation shall be the percent increase in the implicit price deflator for state and local government
purchases during the most recent twelve-month period for which data is available but shall not be less than 0%.
'Permissible tax revenue,' for any quarter or year, an amount equal to the cumulative net state tax revenues of the same period in the immediately preceding fiscal year, multiplied by the sum of one plus the permissible
revenue growth rate.
SECTION 4. Section 5 of chapter 62F is hereby amended by inserting, after section (c), the following new section:-
(d) The commissioner shall calculate the permissible tax revenue, as defined in this chapter, on a quarterly basis, in accordance with the manner and fiscal year schedule with which the commissioner calculates tax revenues.
The commissioner shall calculate the year-to-date difference, if any, between cumulative net state tax revenues and cumulative permissible tax revenues. The commissioner shall report said amounts on a quarterly basis to
the state comptroller, who shall, pursuant to the provisions of section 6A of this chapter, adjust the balance in the temporary holding fund established by the comptroller.
SECTION 5. Chapter 62F of the General Laws is hereby amending by inserting, after section six, the following new section:-
Section 6A. For any quarter of a fiscal year in which cumulative net state tax revenues exceed cumulative permissible tax revenues as defined in this chapter, the comptroller shall transfer such amounts as necessary from
the General Fund to the temporary holding fund established by the comptroller to ensure that for the end of each quarter of the fiscal year, the balance of the temporary holding fund shall reflect the year-to-date difference between
cumulative net state tax revenues and cumulative permissible state tax revenues. If the balance in the temporary holding fund exceeds the year-to-date difference between cumulative net state tax revenues and
cumulative permissible state tax revenues, the comptroller shall transfer the amount of the difference to the General Fund. The secretary of administration and finance may promulgate rules, regulations and guidelines to effectuate the
purposes of this section.
For any fiscal year when expenditure from the Commonwealth Stabilization Fund is required to pay expenses of the Commonwealth, the comptroller shall reimburse the Commonwealth Stabilization Fund from the temporary holding fund
the amount of all such appropriations from the Commonwealth Stabilization Fund, provided that said reimbursement shall not exceed the balance in the temporary holding fund. After the determination and disposition of consolidated net surplus pursuant to section5C of chapter 29 and reimbursement of the Commonwealth Stabilization Fund pursuant to this section, any balance in the temporary holding fund after thecomptroller makes any transfer to or from the General Fund required for the
fourth quarter of a fiscal year shall be transferred in the following proportions: 25 percent to the Tax Reduction Fund established in section 21 of chapter 29; 35 percent to the One-Time Capital Projects Improvement Fund
established pursuant to section 2BBB of chapter 29; and 40 percent to the Stabilization Fund established pursuant to section 2H of chapter 29. In the event that the amount of said transfer to the Commonwealth Stabilization Fund
would cause the ending balance in the Stabilization Fund to exceed the limits defined in section 2H of chapter 29, the amounts so in excess shall be transferred to the Tax Reduction Fund, established pursuant to section 21 of
said chapter 29.
SECTION 6. The provisions of sections 3, 4 and 5 shall take effect on July 1, 2002.
Floor Number: 587
To authorize and direct the Massachusetts Highway Department to construct a retention pond to alleviate flooding in Quincy.
Mr. Morrissey moves to amend Senate Bill 2300 by inserting at the end thereof the following new section:-
Section . (a) Notwithstanding any general or special law to the contrary, the department of highways may take by eminent domain on behalf of the commonwealth under chapter 79 of the General Laws land located in the city of Quincy as necessary for the construction, operation and maintenance of retention ponds for the purpose of alleviating and preventing flooding.
(b) Upon completion of construction, the department of highways shall transfer, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, all property acquired under subsection (a), together with improvements constructed thereon, to the city of Quincy. The transfer shall include appropriate restrictions to ensure that the property shall be used solely for maintenance of the retention ponds and other conservation purposes consistent with this act.
Floor Number: 588
Increasing the municipal hotel-motel tax limit to from 4.5 to 6 percent.
Mr. Morrissey moves to amend Senate Bill 2300 by inserting at the end thereof the following new section:-
SECTION_____. Section 3A of Chapter 64G of the Massachusetts General Laws, as appearing in the 2000 official edition, is hereby amended in line 10 by striking out the number “4.5” and inserting in place thereof the following new number “6.0”.
Floor Number: 589
APPROPRIATE FUNDING FOR CERTAIN TELECOMMUNICATIONS PROGRAMS WITHIN THE COMMONWEALTH
Mr. Morrissey moves to amend Senate Bill 2300 by inserting, after Section _____, the following new Section:-
"SECTION
____. Chapter 6A of the General Laws, as appearing in the 1998 Official Edition,
is hereby amended by inserting after section 18G, the following new section:—
Section 18H. The department of telecommunications and energy shall promulgate
rules providing for the recovery by telecommunication companies of expenses
that have been, are, or will be until December 31, 2007 incurred that are associated
with the services pursuant to sections 18A to 18F, inclusive of chapter 6A,
section 14A and 15E of chapter 166. With respect to any deficit incurred by
the telephone companies prior to the effective date of this bill, the department
of telecommunications and energy shall determine the portion of directory assistance
revenues that will be used to offset that deficit, including any interest the
department may determine should be applied. Additionally, said rules shall provide
for the funding of the prudently incurred expenses by means of a charge on each
voice grade exchange telephone line of business and residence customers within
the Commonwealth; provided however, the surcharge applicable to centrex service
shall be based on an equivalency provided to each private branch exchange trunk.
In the development of the charge, all telephone companies shall submit to the
department historical data verifying their participation in the statutory funding
mechanism. The department of telecommunications and energy shall annually report
to the general court concerning the financial condition of the fund and shall
address in the report the reasonableness of the capital expenditures and related
expenses of the statewide emergency telecommunications board incurred in complying
with chapter 166, sections 14A and 15E.
SECTION 2. Chapter 291 of the acts of 1990 is hereby amended by striking out section 7 in its entirety.
SECTION 3. The department of telecommunications and energy shall develop a long term plan for funding enhanced 911 services; the department shall consider, among any and all the issues affecting the enhanced 911 system, (1) equitable payment of the costs of the system by all its beneficiaries and, (2) the changes and projected changes in technology comprising the enhanced 911 system. The department shall submit its recommendations and assessments to the committee on government regulations no later than December 31, 2006."
Floor Number: 590
STATE WARD AMENDMENT
Mr. Morrissey moves to amend the bill by inserting, after thereof, the following new Section:-
Section . Section 7 of Chapter 76 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end of the first paragraph in line 9, the
following language:-
“A city, town or regional school district may make a thirty-day demand on the Commonwealth for payment of any educational obligation under this section. If the Commonwealth
fails to pay as required, a city, town or regional school district may refuse to continue to enroll said school age child in the city, town or regional school district.”
Floor Number: 591
Vocational Education Creditable Service
Mr. Morrissey and Mr. McGee move to amend Senate Bill 2300, by inserting at the end thereof the following new section:-
SECTION ____. Subdivision (1) of section 4 of Chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after paragraph (h) the following paragraph: --
(h ½) Any member in service of the teachers’ retirement system or teacher employed by the City of Boston who is employed in a vocational-technical school or teaching in a school’s vocational-technical program approve by the department of education under chapter 74 may receive creditable service for any period or periods of work experience in the occupational field in which the member teaches, and which was required as a condition of the member’s employment pursuant to regulations of the department of education. No credit shall be allowed until such member has paid into the annuity savings fund of the system before any retirement allowance becomes effective for such member, in one sum, or in installments, upon such terms and conditions as the board may prescribe, makeup payments of an amount equal to 10 percent of the regular annual compensation of the member when said member entered the retirement system for each year of service so purchased. No credit shall be allowed and no payment shall be accepted under this paragraph until the member shall have completed ten or more years of membership service. The maximum creditable service allowable under this paragraph for any member shall not exceed three years. Members in service of a retirement system eligible for said creditable service under this act shall make application for said creditable service within ninety days of being notified by the retirement board of their eligibility after becoming vested in the retirement system, or for currently eligible members, within ninety days of the effective date of this act.
Floor Number: 592
MEMBERSHIP IN UNCOMPENSATED CARE Pool Commission
Mr. Moore moves to amend, in Section 74 of Chapter 177 of the Acts of 2001, by inserting after the words “secretary of administration and finance” in line seven and in line 21, the following words:- “or his designee.”
Floor Number: 593
STATE WARD GRANT PROGRAM
Mr. Morrissey moves to amend the bill by inserting, after section 73, the following Section 73A:-
“Notwithstanding any general or special law to the contrary, the department of education may provide grants to (1) meet unanticipated or extraordinary increases in conjunction
with unanticipated or extraordinary increases to cities, towns, and regional school districts for public school tuition of any school age child placed in a school district other than a home
town by, or under the auspices of, the department of transitional assistance or the department of social services, grants; provided further that the commissioner of the department of
education shall issue a finding concerning applications for grants within 30 days of the receipt thereof to the house and senate committees on ways and
means.…………………………………..$3,000,000”
Floor Number: 594
CITIZENS INFORMATION SERVICE
Mr. Morrissey moves to amend Senate Bill 2300 by inserting at the end thereof the following new section:-
“SECTION_____. Chapter 9 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding after section 20A the following new section:-
“Section 20B – Citizens Information Service In order to assist in the education of citizens relating to government activities including but not limited to voter registration the department may accept gifts, contributions and bequests and in-kind contributions from individuals, corporations, foundations and from Federal or State Government bodies for purpose of furthering the departments programs”.
Ms. Murray moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION . Section 22 of chapter 482 of the acts of 1993 is hereby amended by striking out, in lines 11, 12 and 13, the following words “and a twenty-five dollar annual surcharge on the licensing fee paid by property and casualty insurance brokers and property and casualty agents of direct writers registered with the division of insurance” and inserting in place thereof the following words:- “a surcharge equal to twenty-five dollars per year on the license, payable at the time of the licensing fee paid by insurance producers licensed in property and/or casualty lines of insurance by the division of insurance"
Floor Number: 596
RENTERS AT LONG TERM CARE FACILITIES
Mr. Lees moves to amend the bill by inserting, after Section ___, the following new Section:-
“SECTION___. Section 3 of Chapter 62 of the General Laws is hereby amended in subparagraph (9) of paragraph (a) of Part B by adding at the end thereof the following words:-
“, provided that notwithstanding any general or special law or rule or regulation to the contrary, for the purposes of this section, the deduction shall apply to the occupancy portion of any monthly payment made by a resident at a continuing care retirement community or residential care facility or skilled nursing facility.””
Floor Number: 597
Knowingly Standard for Insurance Companies Regarding Unlicensed Persons
Ms. Murray and Mr. Morrissey move to amend the bill by inserting, after Section ____, the following new section:-
"SECTION . Section 177 of chapter 175 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:-
Whoever knowingly violates any provision of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars.”
Floor Number: 598
LONG TERM CARE
Mr. Lees moves to amend the bill by inserting, after Section ___, the following new Section:-“SECTION ___. Chapter 62 of the general laws is hereby amended by inserting in section 6 after subsection (k) the following new subsection: (l) a credit shall be allowed against tax liability imposed by this chapter in the amount of one thousand two hundred fifty dollars for any taxpayer who: (1) is receiving benefits under the terms of a contract of insurance for long term care and such care is being provided in Massachusetts; or (2) has entered into a life care or continuing care contract with a continuing care retirement community in Massachusetts; or (3) is paying privately for nursing home or rest home care in a facility licensed by the department of public health pursuant to section 72 of chapter 111. No taxpayer shall be entitled to more than one credit under the terms of this subsection, provided that a husband and wife shall each be entitled to the credit whether they file a joint or separate return.”
Floor Number: 599
EXTENSION OF THE TEMPORARY TOLL FREEZE ON THE METROPOLITAN HIGHWAY SYSTEM
Mr. Magnani and Ms. Chandler, Ms. Creem, Ms. Fargo, Ms. Jacques, Mr. McGee, Mr. Moore, Ms. Resor, Mr. Tarr, Mr. Tolman, and Mr. Travaglini move to amend the bill by inserting, at the end thereof the following sections:-
SECTION____
Section 1. Section 10 sub-paragraph (a) of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end the following words:-
“notwithstanding said authorization, turnpike tolls shall remain fixed at the rates in place on January 1, 2002 until March 1, 2003. “
Section 2. Section 10 sub-paragraph (b) of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end the following words:-
“notwithstanding said authorization, metropolitan highway system tolls shall remain fixed at the rates in place on January 1, 2002 until March 1, 2003.“
Section 3. Section 3 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 81 after the words ”metropolitan highway system” by adding the following words:-
“; and iii) any or all tolls collected at the interchanges of interstate highway route 90 and state highway route 128 in the town of Weston at the rate in place on January 1, 2002.”
Section 1. There is hereby established an advisory committee consisting of four persons to be appointed by the Governor, four persons appointed by the president of the senate (with at least one such person to be a member of the minority party), four persons appointed by the speaker of the house of representatives (with at least one such person to be a member of the minority party), one person appointed by the chief executive officer of the Massachusetts Turnpike Authority, and one person appointed by the chief executive officer of the Massachusetts Port Authority for the purpose of studying and making recommendations relative to financing the obligations of the Massachusetts Turnpike Authority, Massachusetts Port Authority and the Central Artery Project.
Section 2. Such study shall examine the equity of the present funding structure with regard to financing the obligations of the Massachusetts Turnpike Authority, Massachusetts Port Authority and the Central Artery Project and shall include, among other things, an examination of the following: (1) the fairness of the proposed toll structure for private passenger vehicles using interstate highway route 90 and the Tobin Bridge relative to private passenger vehicles using the other highways of the commonwealth and to benefit from the intended use of the Central Artery Project; (2) the effect and practicality of instituting tolls on the commonwealth’s border with neighboring states, including on the commonwealth’s border with the state of New Hampshire on interstate highway routes 93 and 95 and state highway route 3; (3) the effect of providing for a more uniform and consistent toll structure on highways throughout the commonwealth, including the effect of instituting tolls on that portion of the Metropolitan Highway System, as defined in Chapter 81A of the General Laws, presently consisting of interstate highway route 93; (4) the effect of re-instituting tolls on the Boston Extension at the interchange of interstate highway route 90 and state highway route 16 and on the Turnpike from exit 1, so-called, at the commonwealth’s border with the state of New York to and excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (5) the effect of modifying toll discounts or free travel on the Turnpike or the Metropolitan Highway System, including consideration of frequent user and commuter discounts; (6) the effect of limiting or eliminating contributions by the Massachusetts Turnpike Authority and the Massachusetts Port Authority to the Surface Artery, so-called; (7) the effect of excluding from the Metropolitan Highway System that portion constituting a section of interstate highway route 93; (8) the effect of transferring to the highway department such portion of the Turnpike extending from the commonwealth’s border with the state of New York to but excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (9) the effect of redefining the Metropolitan Highway System to include such portion of the Turnpike extending from the interchange of interstate highway route 90 to and excluding the interchange of interstate highway route 90 and interstate highway route 495; (10) funding sources for the highway department to meet the expenses of operating such portion of interstate highway route 93 and other highway transferred to the highway department from the Massachusetts Turnpike Authority; (11) the effect of providing a tax credit to Massachusetts residents purchasing transponders for use on the Turnpike or the Metropolitan Highway System; (12) the effect of permitting Turnpike revenues in excess of those needed to pay operating expenses and debt service on bonds supported by Turnpike revenues available to be pledged and pay debt service on bonds issued for the Metropolitan Highway System; (13) the elimination of the Local Tourism Grant Program of the Massachusetts Turnpike Authority; (14) the effect of limiting certain liabilities of the Massachusetts Turnpike Authority, including the extent to which the provisions of chapter 258 of the General Laws should also be applicable to the Massachusetts Turnpike Authority; and (15) further cost savings that might be realized by the Massachusetts Turnpike Authority or the Massachusetts Port Authority.
Section 3. No member of said advisory committee shall receive any compensation for his or her services, nor shall any member of said advisory committee be reimbursed for any travel expenses or actual expenses incurred in carrying out his or her duties as a member of said advisory committee.
Section 4. Said advisory committee shall report to the joint committee on transportation of the general court the results of its study, together with its recommendations and drafts of any legislation necessary to carry said recommendations into effect, not later than December 1, 2002.
Floor Number: 600
REDUCED FEE FOR CORPORATIONS ELECTRONIC FILINGS
Mr. Morrissey moves to amend Senate Bill 2300 by inserting at the end thereof the following new section;-
“SECTION _____. Notwithstanding any general or special law to the contrary the state secretary is hereby authorized to charge a reduced fee for electronic filings made with the corporations division as follows; domestic corporation articles of organization $250, foreign registration $375 and domestic & foreign annual reports $100.