Floor Number: 351

Mr. Glodis of Worcester moves that the bill be amended in Section 2 in line item 8100-0007 by striking the figure “11,060,782” and inserting in place thereof the following figure: 11,700,281

Floor Number: 352

STATE POLICE PATROLS

Mr. McGee moves that the bill be amended in section 2, by inserting after item 8100-0020 the following item: -

“8100-0301 For the payroll costs of the state police directed patrols; provided that $49,860 shall be expended for the costs of state police patrols at Lynn Shore Drive, Lynn beach, Kings beach, Nahant causeway, and Nahant beach; provided further that $116,500 shall be expended for the costs associated with the state police mounted patrols on Lynn beach, Kings beach, and Red Rock park, so called; provided further that $30,000 shall be expended for the costs associated with providing state police services at Breakheart Reservation……………………………………………………………….…$196,360”

Floor Number: 353

STATE POLICE – NANTASKET BEACH SUMMER PATROLS

Mr. Hedlund moves that the bill be amended in section 2, by inserting after item 8100-0020 the following item:

“8100-0301 For the payroll costs of the state police directed patrols; provided that not less than $280,000 shall be expended for the costs of increased patrols during the months of June to September, inclusive, for Nantasket Beach in the Town of Hull; provided further, that not less than $31,000 shall be expended for the purpose of assigning one State Trooper to Fort Revere in the town of Hull during the hours of peak nefarious activity of the summer months…………………………………………..$3,110,000”

Floor Number: 354

STATE POLICE DIRECTED PATROLS

Mr. Shannon moves to amend the bill in section 2, by inserting after item 8100-0020 the following item:-

“8100-0301 For the operation of a program for the Medford State Police Barracks entitled Zero Tolerance and Fire Risk Prevention to increase patrols and public safety using bicycles and other policing means within the Middlesex Fells and Mystic River Reservation District; provided, that the station commander may utilize any special operations units necessary to further the public safety goals of the district; and provided further, that this money shall not be used by the special operations marine unit of the State Police unless specifically authorized by the station commander who will denote the hours of need to coincide with the Zero Tolerance Program ...................................... $365,000”.

Floor Number: 355

STATE POLICE PATROLS IN THE CITY OF BROCKTON

Mr. Creedon moves to amend the bill, in section 2, by inserting after item 8100-0020 the following item:

“8100-0301” For the costs associated with providing state police patrols three nights per week in the city of Brockton, south between Montello Street and Warren Avenue and north to Battle Street between Montello Street and Warren Avenue, or at other locations, and such patrols shall be assigned between the hours of 8:00 p.m. and 4:00 a.m. beginning July 1, 2002 for a period of 18 weeks, as deemed necessary..………..$45,360”

Floor Number: 356

NEW STATE POLICE ACADEMY CLASS

Mr. Glodis and Mr. Baddour of Worcester move that the bill be amended in section 2 by inserting after item 8100-0020 the following item:

"8100-0515 For the training and related costs of a new state police class of not more than 150 recruits…………………………………………………………………..$3,500.000"

Floor Number: 357

CRIMINAL JUSTICE TRAINING COUNCIL

Mr. Glodis and Ms. Resor move to amend the bill, in Section 2, in item 8200-0200, by striking the figure “$2,703,086” and inserting in place thereof the following figure:- “$3,049,112”.

Floor Number: 358

CRIMINAL JUSTICE TRAINING COUNCIL

Mr. Brewer moves to amend the bill, in section 2, in item 8200-0200, by striking the figure “2,703,086” and inserting in place thereof the following figure:- “2,793,087”

Floor Number: 359

CRIMINAL TRAINING COUNCIL

Ms. Menard, Mr. O’Leary and Mr. Tarr move to amend the bill, in section 2 in item 8200-0200, in line 4, by striking out the word “more” and inserting in place thereof the following word:-“less”.

Floor Number: 360

TRAINING PROGRAM FOR CALL AND VOLUNTEER FIREFIGHTERS

Mr. Glodis of Worcester moves to amend the bill, in Section 2, item 8324-1500, by inserting at the end the following:-

“provided further, that not less than $100,000 shall be expended for the Tiered Training Program for Call and Volunteer Firefighters.”

and in said item by striking the figure “$3,416,205” and inserting in place thereof the following figure:- “$3,516,205”.

Floor Number: 361

CONTINUATION OF THE COMMERCIAL RMV IN THE CITY OF MARLBOROUGH

Ms. Resor moves to amend the bill (S.2300), in section 2, in line item 8400-0001 by inserting after the words “through April 24, 1998;” the following:-

“ provided that the registry shall spend not less than $150,000 for continued operation and maintenance of a commercial registry office in the City of Marlborough.”

Floor Number: 362

REGISTRY OF MOTOR VEHICLES

Mr. Glodis, Mr. Havern, Mr. Moore, Mrs. Menard, Mr. Baddour, Ms. Resor, Mr. Knapik and Mr. McGee move to amend the bill, in Section 2, item 8400-0001, by striking the figure “$47,656,972” and inserting in place thereof the following figure:- “$50,005,000”.

Floor Number: 363

MAINTENANCE OF DEPARTMENT OF CORRECTIONS STAFFING LEVELS

Mr. Glodis of Worcester moves that the bill be amended in section 2, in item 8900-0001, by inserting at the end thereof the following:-

“provided further, that not less than $9,800,000 shall be expended for collectively bargained salary increases for Unit 4 employees; provided further, that the number of Unit 4 positions

funded from this item in fiscal year 2003 shall be not less than the number funded from this item in fiscal year 2002”;

and in said item by striking out the figures “417,014,915” and inserting in place thereof the figures “426,814,915 ”

Floor Number: 364

DEPARTMENT OF CORRECTIONS STAFFING

Mr. Glodis of Worcester moves that the bill be amended in section 2, in item 8900-0001, by inserting at the end thereof the following:-

“and provided further, that the number of Unit 4 positions funded from this item in fiscal year 2003 shall be not less than the number funded from this item in fiscal year 2002.”

Floor Number: 365

DEPARTMENT OF CORRECTIONS

Mr. Glodis of Worcester moves that the bill be amended in Section 2 in line item 8900-0001 by striking out the words “that the department may provide local relief funding to the cities and towns hosting facilities;” and inserting in place thereof the following:-

“that the department shall provide local relief funding to the cities and towns hosting facilities”;

and by striking the figure “$417,014,915” and inserting in place thereof the following figure:- “$424,299,058”.

Floor Number: 366

DEPARTMENT OF CORRECTION

Mr.Antonioni moves to amend the bill, in section 2, in item 8900-0001 by striking out the words “that the department may provide local relief funding to the cities and towns hosting facilities;” and inserting in place thereof the following:-

“that the department shall provide local relief funding to the cities and towns hosting facilities;”

Mr. Antonioni moves to further amend the bill, in section 2, in item 8900-0001, by striking the figure “417,014,915” and inserting in place thereof the following figure: “424,299,058”.

Floor Number: 367

SHIRLEY PRISON MITIGATION

Ms. Resor moves to amend the bill (Senate 2300), in section 2, by inserting after the words “cities and towns hosting facilities;” the following :- “provided further, that the department shall expend no less than $172,000 for local relief funding to the Town of Shirley.”

Floor Number: 368

PRISON MITIGATION TO MUNICIPALITIES

Ms. Resor, Ms. Jacques, Mr. Lees, Mr. Glodis, Ms. Murray, Ms. Fargo and Mr. Antonioni move to amend the bill (Senate 2300), in section 2, in line item 8900-0001, by striking out the words, “may provide local relief funding to the cities and towns hosting facilities;” and inserting in place thereof the following:-

“shall expend not less than $997,000 to cities and towns hosting facilities.”

Floor Number: 369

DEPARTMENT OF CORRECTION

Mr. Moore moves to amend the bill, in section 2, in item 8900-0001 by striking out the figure "317,339,685" and inserting in place thereof the figures:- "342,006,425"

Note: Dept of Correction/administrative line item

Floor Number: 370

DISMAS HOUSE

Mr. Glodis of Worcester and Mrs. Chandler of Worcester move to amend the bill, in section 2, by inserting after item 8900-0011 the following item:-

“8900-0015 For correctional residential services; provided that not less than $40,000 shall be provided for the Dismas House, so-called, in the city of Worcester……$40,000”

Floor Number: 371

FUNDING FOR THE COUNTY SHERIFFS

Ms. Murray moves to amend the bill, in section 2, by striking out item 8910-0000 and inserting in place thereof the following item:-

“8910-0000 For a reserve to fund county correctional programs; provided, that amounts allocated in this item shall be contingent upon the transfer of funds appropriated in item 1599-7092; provided further, that $180,000 shall be expended for Project Coach; provided further, that not less than $7,633,849 shall be made available to Barnstable county; provided further, that not less than $25,626,735 shall be made available to Bristol county; provided further, that not less than $1,312,656 shall be made available to Dukes county; provided further, that not less than $59,714 shall be made available to Nantucket county; provided further, that not less than $15,450,251 shall be made available to Norfolk county; provided further, that not less than $28,692,209 shall be made available to Plymouth county and expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided further, that not less than $10,241,881.32 shall be approved by the County Government Finance Review Board from a combination of the aforementioned amount made available to Plymouth County, reimbursements for federal inmates, deeds excise, and other revenue sources, said amount to be made available to Plymouth County for purposes of paying debt service for the Plymouth County Correctional Facility Project; provided further, that not less than $75,600,175 shall be made available to Suffolk county; provided further, that the balance of funds appropriated in this item shall be distributed among the counties by the county government finance review board upon prior notification to the house and senate committees on ways and means; provided further, that Suffolk county may receive additional funding from the balance for county correction maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place such funds in a separate account within the treasury of each such county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth under this item; provided further, that upon receipt of the state distribution, the treasurer may transfer out of such account an amount equal to the funds so advanced; provided further, that all funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff's department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts Sheriffs' Association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by subsidiary and object code in accordance with the expenditure classification requirements promulgated by the comptroller; provided further, that such spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time or part-time status; provided further, that such spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that such delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased and vehicle primary use; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 2003 unless such purchase is made pursuant to a multicounty or regionalized collaborative procurement arrangement or unless such purchase is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding the provisions contained in this item, sheriffs may purchase "marked" prisoner transportation vans upon notification to the county government finance review board; provided further, that notwithstanding any special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees; provided further, that said revenues shall be retained by the sheriffs not subject to further appropriation for use in a canteen fund; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that documentation of such expenditures and savings shall be submitted to the house and senate committees on ways and means not later than December 30, 2002 and shall make provision for such system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect not later than June 30, 2003; provided further, that the daily count sheet for county facilities compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs' Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs' Association; provided further, that on or before August 15, 2002, each county sheriff shall submit a final spending plan for fiscal year 2003 to the county government finance review board and the house and senate committees on ways and means detailing the level of resources deemed necessary for the operation of each county correctional facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 2002, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of such spending plans not later than August 15, 2002; provided further, that on or before September 15, 2002, the county government finance review board shall have approved final fiscal year 2003 county correction budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of such approved budgets not later than October 15, 2002; provided further, that such budgets shall include distribution schedules for the final two quarters of fiscal year 2003 and such plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated in this item and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed the appropriation; provided further, that each county shall expend during fiscal year 2003, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2002 for such purposes from own-source revenues, which shall not be less than 5 per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 2003, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated in this item, the maintenance of effort obligations for Suffolk county shall be 5 per cent of the total fiscal year 2003 Suffolk county correction operating budget as approved by the county government finance review board; provided further, that notwithstanding any general or special law to the contrary, the deputy commissioner of local services shall certify on or before May 15, 2003 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality's prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if a municipality fails to transfer such obligation, the deputy commissioner shall withhold an amount equal to the shortfall in the obligation due to the county from such municipality's fourth quarter local aid "cherry sheet" distribution authorized from account 0611-5500 of section 2 and from funds made available from the State Lottery Fund distribution in section 3; provided further, that on or before August 1, 2002, the deputy commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 2003, notwithstanding section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that any county which borrowed under section 6 of chapter 193 of the acts of 1989 on or before July 31, 1989 or which borrowed in fiscal year 1989 under section 36A of chapter 35 of the General Laws, may refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with said chapter 35 and section 12 of chapter 64D of the General Laws, as may be applicable; provided further, that each sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system in accordance with the latest expenditure classification requirements promulgated by the comptroller pursuant to section 27 of chapter 29 of the General Laws; provided further, that each sheriff funded from this item shall report on a monthly basis to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than September 30, 2002.......................................................... $134,318,218

Local Aid Fund…..100.00%”.

Floor Number: 372

COUNTY SHERIFFS

Mr. O’Leary moves to amend the bill, in Section 2, in item 8910-0000, by striking the figure “$126,818,218” and inserting in place thereof the following figure:- “$139,336,304”.

Floor Number: 373

WORCESTER COUNTY SHERIFF

Mr. Glodis of Worcester and Mrs. Chandler of Worcester move to amend the bill, in Section 2, in item 8910-0105, by striking the figure “$36,840,932” and inserting in place thereof the following figure:- “$38,275,454”.

Floor Number: 374

WORCESTER COUNTY SHERIFF’S DEPARTMENT

Mrs. Chandler of Worcester, Mr. Glodis of Worcester, Mr. Brewer of Barre, Mr. Antonioni of Leominster and Ms. Resor of Acton move to amend the bill, in section 2,

in item 8910-0105, by striking out the figure “36,840,932” and inserting in place thereof the following figure:- “$38,275,454”.

Floor Number: 375

WORCESTER COUNTY SHERIFF

Floor Number: 376

BERKSHIRE COUNTY SHERIFF

Mr. Nuciforo moves to amend the bill, in section 2, in item 8910-0145, by striking out the figure “$11,450,390” and inserting in place thereof the following figure:- “$11,519,405”.

Floor Number: 377

ESSEX SHERIFF’S DEPARTMENT

Mr. McGee, Ms. Tucker, Mr. Baddour, Mr. Tarr, Mr. Creedon, Mr. Tisei, Mr. Glodis, and Ms. Walsh move to amend the bill, in section 2, in item 8910-0619, striking out the figure

“38,727,022” and inserting in place thereof the following figure:- “39,210,403.”

Floor Number: 378

MASSACHUSETTS PAROLE BOARD

Mr. Glodis of Worcester moves that the bill be amended in Section 2 in line item 8950-0001 by striking the figure “13,728,501” and inserting in place thereof the following figure: 14,465,442

Floor Number: 379

LONG TERM CARE STUDY

Mrs. Chandler of Worcester moves to amend the bill, in section 2, in item 9110-0100, by striking out the date “January 1, 2003” at the end and inserting in place thereof the following date:-

“July 31, 2003”.

Floor Number: 380

HOME CARE PURCHASED SERVICES

Mr. Shannon, Mr. Moore, Ms. Fargo, Ms. Creem, and Mr. Tolman move to amend the bill, in section 2, in item 9110-1630, by striking out the figure “$94,158,158” and inserting in place thereof the following figure:- “$94,716,884”.

Floor Number: 381

RELATIVE TO ELDER PROTECTIVE SERVICES

Ms. Fargo, Mr. Moore, Mr. McGee, Ms. Creem, Mr. Knapik, Mr. Tolman and Ms. Tucker move to amend the bill, in section 2, in item 9110-1636, by striking out the figure

“$10,045,848” and inserting in place thereof the following figure:- “$11,794,000.”

Floor Number: 382

HART - KIT CLARK SENIOR SERVICES

Mr. Hart of Boston moves to amend the bill, in section 2, in item 9110-1636 by inserting after the words “services for elders” the following:-

“provided further, that not more than $600,000 be expended for Kit Clark Senior Services, a professionally staffed non-profit multi service agency dedicated to enhancing the quality of life of older adults in the City of Boston."

Floor Number: 383

HART - TUTTLE HOUSE

Mr. Hart moves to amend the bill, in section 2, in item 9110-1660 by striking out the figure “$50,000” and inserting in place thereof the following figure:- “$60, 000”

Floor Number: 384

EOEA LOCAL SERVICES

Ms. Tucker moves to amend the bill, in section 2, in item 9110-1900, by striking out the figure “$4,457,158” and inserting in place thereof the following figure:- “$4,857,158”.

Floor Number: 385

COUNCIL ON AGING GRANTS

Ms. Murray, Ms. Resor, Mr. Moore, Mr. Shannon, Mr. O’Leary, Ms. Creem, Mr. Knapik, Mr. Menard, Ms. Fargo, Mr. Tarr, Mr. Brewer, Mr. Hart, Mr. Hedlund, Mr. McGee, Mr.

Lees, and Mr. Joyce move to amend the bill, in section 2, in item 9110-9002, by striking out the figure $5,960,000” and inserting in place thereof the following figure:- $6,230,000

Floor Number: 386

ELDER AFFAIRS -- MARSHFIELD SENIOR CENTER

Mr. Hedlund moves to amend the bill, in section 2, in item 9110-9002, in line 9, by inserting after the word “means;” the following words:-

“provided further, that not more than $100,000 shall be expended on the construction of a senior center for the town of Marshfield.”

Floor Number: 387

COUNCILS ON AGING

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, O’Leary, and Mrs. Sprague move to amend the bill, in section 2, in line item 9110-9002, by striking the figure “$5,960,000” and inserting in

place thereof the following figure:- “$6,260,000”.

Floor Number: 388

ROSENBERG- (JOBS) FUND SECTION 2D AMENDED

Mr. Rosenberg moves to amend the bill, in Section 2D, in item 7002-6645, by inserting after the words “of this Act” the following words:-

“provided further that no less than $10,526,270 shall be transferred to the Job Opportunity Business Services fund for the purpose of improving the state laborforce management system and re-employment services.”

by striking out the figure “$2,425,000” and inserting in place thereof the figure “$12,951,270”.

Floor Number: 389

HEALTH BOARDS CORRECTIVE AMENDMENT

Mr. Moore and Mr. Montigny move to amend the bill, in Section 8, subpart (A), by inserting, after the words “chapter 13” in the second sentence of paragraph (a), the following words:- excluding the board of registration in medicine.

in Section 8, subpart (A), by inserting after the second sentence of paragraph (b) the following sentence:- A board that has increased its fees pursuant to subsection (b) of section 35V shall not be required to increase fees pursuant to this subsection.

in Section 8, subpart (G), by striking, in the first sentence, the words “the board of registration in medicine”.

in Section 8, subpart (G), by adding the following new paragraph:-

The commissioner of public health shall consult with the chair of the board of registration in medicine concerning the operations of the board.

in Section 8, by adding the following new subpart:-(K) Section 1 of chapter 24 of the General Laws is hereby amended by striking, in lines 25 to 28, inclusive, the words, “the board of registration in medicine and the approving authority established by section two of chapter one hundred and twelve, and the functions established by section two”.

Floor Number: 390

BOARD OF DENTAL EXAMINERS

Mr. Moore moves to amend the bill in Section 8, subpart (B), by inserting after the word "administrators" in the first sentence, the following words:-"and the board of dental examiners."

Mr. Moore moves to further amend the bill, in Section 8, subpart (G), by inserting after the word "administrators" in the second paragraph, the following words:-

"and the board of dental examiners."

Floor Number: 391

HEALTH BOARDS CORRECTIVE AMENDMENT

in Section 8, subpart (G), by striking, in the first sentence, the words “the board of registration in medicine”.

in Section 8, subpart (G), by adding the following new paragraph:- The commissioner of public health shall consult with the chair of the board of registration in medicine concerning the operations of the board.

in Section 8, by adding the following new subpart:-

(K) Section 1 of chapter 24A of the General Laws is hereby amended by striking, in lines 25 to 28, inclusive, the words “, the board of registration in medicine and the approving authority established by section two of chapter one hundred and twelve, and the functions established by section two”.

Floor Number: 392

RELATIVE TO THE BUREAU OF SPECIAL INVESTIGATIONS

Mr. Pacheco of Taunton moves to amend the bill, in section 2, outside section 10, in line 9, after the words “chapter 30” by inserting the following language:-

“provided however, that all former employees of the Department of Revenue in the current position of investigator with the bureau shall remain employees of the bureau, and provided

further, any additional investigator positions that may be filled by the Attorney General’s office shall first be offered to former employees of the bureau who were laid off as a result of the

Commonwealth’s FY’02 fiscal crisis without regard to their retirement status with the Commonwealth. Notwithstanding and general or special special law these former employees will be

able to freeze their retirement benefits and upon reemployment with the Commonwealth, either in this position or other, contribute to the retirement system as if there had been no

termination or interruption of employment service to the commonwealth.

Floor Number: 393

AMENDING SECTION 10 CONCERNING THE BUREAU OF SPECIAL INVESTIGATIONS

Mr. Tisei moves that the bill be amended by striking Section 10, and inserting in its stead the following section:

SECTION 10. Chapter 12 of the General Laws is hereby amended by inserting after section 11L the following section:-

Section 11M. There shall be in the department of the attorney general a bureau of special investigations, headed by a director, who shall be appointed by the attorney general. The director shall be a person of appropriate ability and experience who shall devote his full time to the duties of the office. The attorney general may appoint such other experts and officers as he deems necessary to carry out the work of the bureau. Appointments to the positions of director, legal counsel and confidential administrative secretary shall not be subject to chapter 31 or section 9A of chapter 30. The director may expend for legal, investigative, clerical and other assistance and expenses such sums as may be appropriated for those purposes.

The director shall initiate investigations and investigate complaints, including complaints initiated by recipients, which indicate the possibility of either a fraudulent claim for payment or services under any assistance program administered by the department of transitional assistance or the department of social services or any other program administered by those departments or the receipt of payment or services by a person not entitled to payment or services, or with respect to the division of medical assistance, fraud by applicants or recipients or individuals or entities acting on their behalf. The director, in conformity with the rules and regulations of the attorney general, shall:

(2) examine the records and accounts of the department of transitional assistance, the department of social services, the division of medical assistance, the division of industrial accidents, the state retirement board, the division of employment and training and the department of veterans' services and, for such purposes, shall have access to those records and accounts at reasonable times and may require the production of books, documents and vouchers relating to any matter within the scope of the investigation;

(3) examine, upon written request to the commissioner of revenue, the tax wage reports, papers and other documents on file with the commissioner, including information which appears in child support enforcement files maintained by the IV-D agency, as set forth in chapter 119A, concerning dates and amounts of income received, employer, last known address and other information relevant to the investigation of fraud concerning any person who there is reason to believe has committed fraud under any assistance program administered by the department of transitional assistance or the department of social services, or, with the exception of the investigation of provider fraud, the division of medical assistance. The director may require the commissioner to produce the returns, papers and other documents of any person under investigation. Nothing in this section shall authorize the examination or disclosure, directly or indirectly, of any information, returns or records received from the Internal Revenue Service;

(5) examine any information contained on the warrant management system established by section 23A of chapter 276 and receive information from the department of transitional assistance in accordance with clause (e) of the last paragraph of subsection (D) of section 2 of chapter 18;

(6) report to the attorney general, the district attorney, the department of state police or any of their agents, each case referred to the bureau of special investigations by the department of transitional assistance pursuant to said clause (e) of said last paragraph of said subsection (D) of said section 2 of said chapter 18 and arrange for a proper place and time for the arrest of the applicant or beneficiary and refer any dependents of the applicant or beneficiary to the department of social services for appropriate action pursuant to chapter 18B and section 23A of chapter 119. The bureau shall not report any information other than the information referred to in this clause or on the warrant management system;

(7) report to the attorney general or the district attorney, for such action as he may deem proper, any case in which, after investigation, the director finds there is probable cause to believe that a fraudulent claim or payment has been made;

(9) examine the records and accounts of a person domiciled or doing business in the commonwealth or in any state, county or municipal department, agency, office, bureau, board, commission or division which employs or employed an individual who is the subject matter of an investigation insofar as those records and accounts pertain to the dates, hours and nature of employment or services rendered and the amounts of salary, wages or other things of value paid and any deductions therefrom, including information concerning the prior employment history of the individual who is the subject matter of the investigation;

(10) examine the records and accounts of a bank, as defined in section 1 of chapter 167, national bank, federal savings and loan association, benefit association, insurance company, safe deposit company or loan company authorized to do business in the commonwealth relative to an individual who is the subject matter of an investigation insofar as the records and accounts pertain to deposits, withdrawals, loans, insurance transactions, claims settlements and payments;

(11) examine the records of a school or institution of higher education within the commonwealth relative to a student who is the subject matter of an investigation or the child, ward or dependent of the subject matter of an investigation insofar as those records pertain to enrollment, attendance and family history but excluding academic, medical and evaluative records; and

(12) require that the director’s, or his authorized representative’s, written request to examine information, records or accounts, as provided in clauses (4), (9), (10) and (11), be complied with within a reasonable period of time.

(B) Sections 10 and 11 of chapter 14 of the General Laws are hereby repealed.

Floor Number: 394

BUREAU OF SPECIAL INVESTIGATIONS

Ms. Wilkerson moves to amend the bill in Section 10 by substituting the following language:

(A) SECTION 10. Chapter 12 of the General Laws is hereby amended by inserting after section 11L the following section:-

The director shall initiate investigations and investigate complaints, including complaints initiated by recipients, which indicate the possibility of either a fraudulent claim for payment or services under any assistance program administered by the department of transitional assistance or the department of social services or the executive office of health and human services, the division of industrial accidents, the state retirement board, the division of employment and training and the department of veterans’ services or any other program administered by those departments and the executive office, or vendors who contract with them to provide services, or the receipt of payment or services by a person not entitled to payment or services. The director, in conformity with the rules and regulations of the attorney general, shall:

(1) initiate investigations and review procedures to discover any fraudulent claim or wrongful receipt under any assistance program administered by the department of transitional assistance or the department of social services or any other department under the executive office of health and human services, the division of industrial accidents, the state retirement board, the division of employment and training and the department of veterans’ services or their vendors;

(2) examine the records and accounts of the department of transitional assistance, the department of social services, and the executive office of health and human services, the division of industrial accidents, the state retirement board, the division of employment and training and the department of veterans’ services and, for such purposes, shall have access to those records and accounts at reasonable times and may require the production of books, documents and vouchers relating to any matter within the scope of the investigation;

(3) examine, upon written request to the commissioner of revenue, the tax wage reports, papers and other documents on file with the commissioner, including information which appears in child support enforcement files maintained by the IV-D agency, as set forth in chapter 119A, concerning dates and amounts of income received, employer, last known address and other information relevant to the investigation of fraud concerning any person or vendor that there is reason to believe has committed fraud under any assistance program administered by the department of transitional assistance, the department of social services, the executive office of health and human services, the division of industrial accidents, the state retirement board, the division of employment and training or the department of veterans’ services. The director may require the commissioner to produce the returns, papers and other documents of any person under investigation. Nothing in this section shall authorize the examination or disclosure, directly or indirectly, of any information, returns or records received from the Internal Revenue Service;

(4) examine the records and accounts of any vendor claiming or receiving payment for services rendered under any program administered by the department of transitional assistance, the department of social services, the executive office of health and human services, the division of industrial accidents, the state retirement board, the division of employment and training or the department of veterans’ services, insofar as such records and accounts relate to any matter within the scope of the investigation;

(6) report to the attorney general, the district attorney, the department of state police or any of their agents, each case referred to the bureau of special investigations by the executive office of health and human services and the department of transitional assistance pursuant to said clause (e) of said last paragraph of said subsection (D) of said section 2 of said chapter 18 and arrange for a proper place and time for the arrest of the applicant or beneficiary and refer any dependents of the applicant or beneficiary to the department of social services for appropriate action pursuant to chapter 18B and section 23A of chapter 119. The bureau shall not report any information other than the information referred to in this clause or on the warrant management system;

(8) report in writing to the governor and the general court the nature and extent of the director’s activities for each month of the fiscal year, such report to be made not later than 30 days after the expiration of each month, which report shall be made available to the public and which shall include financial reports of monies returned from fraud discovered as a result of the bureau’s investigations relating to the executive office of health and human services, in order to recover a percentage as a chargeback, to be determined by the director in consultation with the attorney general and the general court, of said monies to be used for properly staffing and continuing the work of the bureau and that such recoveries shall be deemed current fiscal year expenditure refunds;

(9) examine the records and accounts of a person or vendor domiciled or doing business in the commonwealth or in any state, county or municipal department, agency, office, bureau, board, commission or division which employs or employed an individual or contracted with a vendor that is the subject matter of an investigation insofar as those records and accounts pertain to the dates, hours and nature of employment or services rendered and the amounts of salary, wages or other things of value paid and any deductions there from, including information concerning the prior employment history of the individual or vendor that is the subject matter of the investigation;

(10) examine the records and accounts of a bank, as defined in section 1 of chapter 167, national bank, federal savings and loan association, benefit association, insurance company, safe deposit company or loan company authorized to do business in the commonwealth relative to an individual or vendor that is the subject matter of an investigation insofar as the records and accounts pertain to deposits, withdrawals, loans, insurance transactions, claims settlements and payments; and

(12) require that a person to whom the director, or his authorized representative, makes a written request to examine information, records or accounts, as provided in clauses (4), (9), (10) and (11), shall comply with the request within a reasonable period of time.

Floor Number: 395

AN AMENDMENT STRIKING SECTION 17 AND REPLACING IT WITH A COMMISION TO STUDY SCHOOL BUILDING FINANCING

Mr. Moore, Mr. Nuciforo, Mr. Antonioni and Mr. McGee move to strike outside section 17 of the bill and insert in place thereof the following new section 17:--

SECTION 17. There is hereby appointed a special commission to evaluate the method of financing school building facilities under Chapter 70B of the General Laws. Said commission shall consist of the Chair of the Senate committee on Ways and Means or his designee, the Chair of the House Committee on Ways and means or his designee, the Senate and House Chairs of the Joint Committee on Education, the state treasurer or her designee, the Secretary of Administration and Finance or his designee, the Commissioner of Education or his designee and 1 member appointed by each of the following organizations; Massachusetts Municipal Association, Massachusetts Collectors and Treasurers Association and the Massachusetts Bankers Association. Said commission shall consider options in maximizing the efficient use of the commonwealth’s resources in the implementation of chapter 70B of the General Laws, assessing the current and alternative methods for financing school building assistance to municipalities and school districts and any impact proposed changes may have on municipal finance, including the financing of non-school projects, Massachusetts financial institutions, identifying any federal funds which may be available for school construction or renovation and other issues related to school building finance. Said commission shall submit its report to the House and Senate Clerk not later than December 31, 2002.

Floor Number: 396

RELATIVE TO MAKING SCHOOL BUILDING ASSISTANCE POOLED FINANCING VOLUNTARY, OPT- IN

Mr. Nuciforo, Ms. Creem, Ms. Resor, Mr. Havern and Mr. Lees move to amend the bill in Section 17 by striking out paragraphs (a) and (b) of section 4 and inserting in place thereof the following paragraphs:-

“Section 4. (a) The trust shall establish and administer a pooled loan program within the fund to provide loans to local governmental units to finance and refinance the costs of approved school projects. Notwithstanding any other general or special law to the contrary, all costs of approved school projects for which a total facilities grant shall have been approved by the board under the School Building Assistance Act on or after the date of enactment of this chapter, and all costs of approved school projects for which a total facilities grant shall have been approved by the board prior to the date of enactment of this chapter but which have not been permanently financed by the applicable local governmental unit, may be financed, and indebtedness may be incurred by local governmental units therefor, solely as provided in this chapter, and all such grants and other amounts available to pay such costs and such indebtedness may be received in trust, held and disbursed by the trust solely as provided herein. To participate in the trust, a municipality, may, by vote of the city council, board of selectmen or school committee of a special school district, elect to join the trust.

(b) The trust shall establish and administer a pooled loan program within the fund to provide loans to local governmental units to refinance the costs of approved school projects for which a total facilities grant shall have been approved by the board, and which have been permanently financed by the applicable local governmental unit, prior to the date of enactment of this chapter, and to redeem, refund or otherwise refinance bonds, notes or other evidences of indebtedness issued by such local governmental unit to finance or refinance such approved school projects. Notwithstanding any general or special law to the contrary, as a condition to the continued receipt of any such grant, the local governmental unit, upon direction of the trustees, approved by the board, may enter into a loan agreement with the trust to effect the refinancing of such approved school project, provided that the net cost to the local governmental unit, after consideration of such grant, shall be reduced as a result of such refinancing.”

Floor Number: 397

ELIMINATING SCHOOL BUILDING ASSISTANCE POOLED FINANCING

Mr. Nuciforo, Ms. Creem, and Ms. Resor moves to amend the bill by striking out Section 17:.

Floor Number: 398

MANDATORY SCHOOL BUILDING ASSISTANCE FUND STUDY COMMISSION

Mr. Nuciforo, Ms. Creem, Ms. Resor, and Ms. Melconian move to strike Section 17 of the bill and inserts in place thereof the following new Section:-

Section 17. (A) There shall be a special commission on school construction financing to consist of the following: the chairs of the House and Senate committees on ways and means or their designees, the Senate and House chairs of the joint committee on education, the state treasurer or her designee, the secretary of administration and finance or his designee, the commissioner of education or his designee and 1 member appointed by each of the following organizations; Massachusetts Municipal Association, Massachusetts Collectors and Treasurers Association and the Massachusetts Bankers Association. The commission shall submit a report to the house and senate committees on ways and means and to the secretary of administration and finance by December 31, 2002. This report shall make recommendations concerning legislation necessary for maximizing the efficient use of the Commonwealth’s resources in the implementation of chapter 70B of the general laws. The report shall make recommendations concerning the use of a bond bank for issuance of bonds for school construction projects; make recommendations concerning appropriate opt out or opt in provisions for municipalities which can show that issuing bonds locally would be less expensive than or otherwise preferable to borrowing through the bond bank; make recommendations on whether and how municipalities should be able to use the school building assistance fund for non-school borrowing which is not reimbursable by the state; make recommendations on what if any additional provisions would be advisable with regard to pooled borrowing for temporary borrowing in anticipation of reimbursement under chapter 70B prior to project authorization by the Board of Education; make recommendations on what if any additional provisions would be advisable with regard to pooled borrowing for charter school construction under chapter 70B; identify any federal funds which may be available for school construction in the coming years, and make recommendations on how best to maximize the efficient use of any such federal funds.

(B) The board of education shall identify a list of major reconstruction projects approved under chapter 70B of the general laws after July 1, 2000. Subject to appropriation, and commencing on or after July 1, 2003, projects shall eligible for state reimbursement with moneys appropriated by the legislature for this purpose.

(C) Section 13 of Chapter 70B of the general laws, as appearing in the 2000 official edition, is hereby amended in line 11 by striking the words “five years” and inserting in place thereof the following words:-

seven years; however the total period from the date of issue of the original temporary loan to the final maturity of all school construction project financing shall not exceed 25 years.

Floor Number: 399

TERMINATION RETIREMENT BENEFITS

Mr. Creedon and Mr. Morrissey move to amend the bill in section 18, by striking the section in its entirety.

Floor Number: 400

REGISTRY OF MOTOR VEHICLES’ COLLECTION AUTHORITY

Mr. Creedon moves to amend the bill in section 21 by striking the section in its entirety:-.