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Messrs. Lees, Tisei, Tarr, Hedlund,
Knapik and Mrs. Sprague move to amend the bill (Senate, No. 2004) by striking
the text contained therein and inserting in place thereof the text contained in
House, No. 1, including changes made to the text subsequent to its filing.
Floor
Number: 2 Clerk Number: 463
CLERK OF SJC FOR SUFFOLK COUNTY
Mr. Creedon moves to amend in section 2, in line item 0320-0001, by adding the following new language after the words "Suffolk County": ";provided further, that the clerk of the court shall have responsibility for the internal administration of her court, including personnel, staff services and record keeping".
Floor
Number: 3 Clerk Number: 467
CLERK'S OFFICE OF SJC FOR SUFFOLK COUNTY
Mr. Creedon moves to amend in section 2, in line item 0320-0001, by striking the figure "$985,582" and inserting in place thereof the following figure "$1,005, 582".
Floor Number: 4 Clerk Number: 98
CPCS
Messrs.
Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague move to amend the bill, in
section 2, in item 0321-1500, by inserting after the word "project"
the following words:-
"provided, that said committee shall submit a report
to the clerks of the house of representatives and senate, the speaker and minority
leader of the house of representatives, the president and minority leader of the
senate and the house and senate committee on ways and means not later than January
31, 2004 that shall include, but not be limited to the following: (a) the number
of clients assisted by the committee in the prior fiscal year; (b) any proposed
expansion of legal services delineated by type of service, target population,
and cost; (c) the total number of persons who received legal services by said
committee, by type of case and geographic location; (d) the costs for services
rendered per client, by type of case and geographic location; (e) the amount paid,
if any, to the committee by clients for services rendered, by type case and geographic
location; (f) the average cost for services rendered by said committee by type
of case; (g) the average number of hours spent per attorney or staff per type
of case; (h) the feasibility of the implementation of a flat rate compensation
system based on the type of case;"
Floor Number: 5 Clerk Number:
459
TAXPAYER FUNDED LEGAL ASSISTANCE
Messrs. Lees, Tisei and Knapik
move to amend the bill, in section 2, in item 0321-1600, by striking the figure,
"$8,960,158" and inserting in place thereof the following figure:- "$8,064,142".
Floor
Number: 6 CLERK NUMBER 53
SOCIAL LAW LIBRARY - CD ROM
Mr. Havern
moves to amend the bill, in section 2, by inserting after item 0321-2205, the
following item: -
"0321-2206 For the social law library to operate the
electronic law database project
$99,000."
Floor
Number: 7 Clerk Number: 493
SOCIAL LAW LIBRARY
Mr. Creedon, Mr. Nucifaro, Ms. Creem and Mr. Antonioni move to amend the bill, in section 2, in line item 0321-2205, by striking out the figure "$1,704, 671" and inserting in place thereof the following figure;-"$1,804,671".
Floor Number: 8 Clerk Number: 496
TRIAL COURT-TECHNICAL CHANGE
Mr. Creedon moves to amend the bill, in Section 2, in item 0330-0300, by striking out the words ", including the Flashner Judicial Institute".
Floor Number: 9 Clerk Number: 85
Land Court 2
Mr. Morrissey moves to amend
the bill, in section 2, by striking out item 0330-3333 and inserting in place
thereof the following item:-
"0330-333 The Chief Justice for administration and management may expend an amount not to exceed $40,000,000 from fees charged and collected pursuant to section 3 of chapter 90C,Chapter 185, Section 22 of court fees of the Land Court, and sections 2, 4A, 4C, and 40 of said chapter 262 of the General Laws: provided that said chief justice shall only expend or allocate funds from this item to the 7 departments of the trial court for the operation of said departments: provided further that any expenditures or allocations shall be made in accordance with schedules submitted to the House and Senate committees on ways and means 60 days prior to said expenditure or allocation; provided further that the only revenue available for expenditure in this item for fiscal year 2004 shall be revenue collected from the increase in said fees in excess of the amount collected from the increase in said fees in excess of the amount collected and deposited into the general fund in fiscal year 2004 from said fees; and further provided that no such allocation occur until said schedules have been approved by said committees; provided further that said fees shall continue to be transmitted to the treasurer for deposited into the general fund prior to the expenditure authorized by this item; and provided further that notwithstanding any general or special law to the contrary, for the purpose of accommodating the discrepancies between the receipt of revenues and related expenditures, said chief justice may incur expenses and the comptroller shall certify for payments amounts not to exceed the lower of one half of this authorization or the most recent revenue estimate therefore as reported in the state accounting system .$40,000,000.
Floor Number: 10 Clerk Number: 492
Supreme Judicial Court and the Appeals Court
Mr. Creedon moves to amend the bill, in section, 2, in item 0330-3333 by striking the figure "$40,000,000" and inserting in place thereof the following figure: "$39,400,000".
Mr. Creedon moves to amend the bill, in section, 2, in item 0320-0003, by striking out the figures "$6,038,046" and inserting in place thereof the figure "$6,338,046".
Mr. Creedon moves to amend the bill, in section, 2, in item 0321-0100, by striking out the figures "$8,877,803" and inserting in place thereof the figure "$9,177,803".
Floor Number: 11 Clerk Number: 587
SUFFOLK SUPERIOR CRIMINAL COURT
Mr.
Barrios moves to amend the bill, in section 2, in item 0331-9000, by adding the
following:-
"provided further, that not less than $188,340 shall be expended
for the Suffolk Superior Criminal Court Education and Community Outreach Program."
Floor Number: 12 Clerk Number: 91
BELCHERTOWN COURTHOUSE
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik, and Mrs. Sprague move to amend the
bill, in section 2, in line item 0332-9000, by inserting at the end thereof,
the following words:-
"; provided, that funds expended in this line item or any other line item
for the construction of a permanent courthouse in Hampshire county shall be
for the construction or rent of said courthouse in the town known as Belchertown
and no funds shall be expended from this line item for the construction or rent
of a courthouse in Hampshire county unless the site for the courthouse is located
in the town known as Belchertown."
Floor Number: 13 Clerk Number: 340
Marlborough District Court
Ms. Resor moves to amend the bill (S. 2004), in section 2, in line item 0332-9000 by inserting after the words "of the district court" the following:- "provided further that not less than $529,039 shall be expended for the district court of Marlborough"
Floor Number: 14 Clerk Number: 522
CORRECTIVE AMENDMENT
Ms. Murray moves to amend the bill,
in section 2, by striking out item 0330-3333 and inserting in place thereof:-
0330-3333
The chief justice for administration and management may expend an amount not to
exceed $40,000,000 from fees charged and collected pursuant to section 3 of chapter
90C, chapter 185, section 22 of chapter 218, sections 2, 4A, 4C and 40 of chapter
262, and section 87 A of chapter 276 of the General Laws; provided, that said
chief justice shall only expend or allocate funds from this item for administrative
costs associated with the trial court; provided further, that any expenditures
or allocations shall be made in accordance with schedules submitted to the house
and senate committees on ways and means 60 days prior to said expenditures or
allocations; provided further, that the only revenue available for expenditure
in this item for fiscal year 2004 shall be revenue collected from the increase
in said fees in excess of the amount collected and deposited into the general
fund in fiscal year 2003 from said fees; and provided further that no such allocation
shall occur until said schedules have been approved by said committees; provided
further, that said fees shall continue to be transmitted to the treasurer for
deposit into the general fund prior to the expenditure authorized by this item;
and provided further, that notwithstanding any general or special law to the contrary,
for the purpose of accommodating timing discrepancies between the receipt of revenues
and related expenditures, said chief justice may incur expenses and the comptroller
shall certify for payments amounts not to exceed the lower of one half of this
authorization or the most recent revenue estimate therefore as reported in the
state accounting system $40,000,000
and in item 0337-9000 by inserting after
the word "Suffolk" the following:-
"Barnstable, Bristol,"
and
in item 1100-1100 by adding at the end thereof the following words:-
"provided
that agencies within the executive office are authorized, with the prior approval
of the secretary, to streamline and improve administrative operations, pursuant
to interdepartmental service agreements"
and in section 2, in item
2000-0100 by adding at the end thereof the following words:-
"provided
that agencies within the executive office are authorized, with the prior approval
of the secretary, to streamline and improve administrative operations, pursuant
to interdepartmental service agreements"
and in section 2, in item
4000-0100 by adding at the end thereof the following words:-
"provided
that agencies within the executive office are authorized, with the prior approval
of the secretary, to streamline and improve administrative operations, pursuant
to interdepartmental service agreements"
and in section 2, in item 4590-0250 by striking the figure "$2,073,966" and inserting in place thereof the following figure:- $4, 073,966
and in the same item by striking the figure "$14,073,966" and inserting in place thereof the following:- $16, 073,966
and in section 2, in item 6000-0100 by adding at the end thereof
the following words:-
"provided that agencies within the executive office
are authorized, with the prior approval of the secretary, to streamline and improve
administrative operations, pursuant to interdepartmental service agreements"
and
in section 2, in item 7002-0010 by adding at the end thereof the following words:-
"provided
that agencies within the executive office are authorized, with the prior approval
of the secretary, to streamline and improve administrative operations, pursuant
to interdepartmental service agreements"
and by inserting, at the end
of item 7002-0150, the following:-
and provided further, that not less than
$75,000 shall be expended to support the Technology Initiative operated by the
Metro South/West Regional Employment Board for the development of Technology Centers
of Excellence serving the region's youth and businesses, and said grant shall
require a 200 per cent match from the private sector"
and in the same item by striking out the figure "$5,394,000" and inserting in place thereof the following:- $5,469,000
and in section 2, in item 8000-0000 by
adding at the end thereof the following words:-
"provided that agencies
within the executive office are authorized, with the prior approval of the secretary,
to streamline and improve administrative operations, pursuant to interdepartmental
service agreements"
by striking out section 51 and inserting in place thereof the following section:-
"SECTION 51. Chapter 13 of he General
Laws is hereby amended by inserting after section 9B the following section:-
Section 9C. The members of the boards of registration shall be public employees
for the purposes of chapter 258 for all acts or omissions within the scope of
their duties as board members.";
and by striking out section 122 and
replacing it with the following section:-
SECTION 122. Said section 8 of said
chapter 21A is hereby further amended by striking out, in line 48, the words "food
and agriculture shall include the department of food and agriculture" and
inserting in place thereof the following words: - agricultural resources shall
include.
by inserting, in section 140, at the end of section 2 the following sentence:- "Subject to and pending recommendations on the management structure of the department of the advisory committee established by section 590 of this act, the state police shall be responsible for the daily operation of the state police crime laboratory, but shall coordinate operations within the department of forensic sciences."
by striking out, in section 140, in the first sentence of section 17 " of $50" and inserting in place thereof the following:- as determined from time to time by the Secretary of Public Safety, which shall not be less than $75.
by striking out section 143.
by striking out section 144, as so appearing, and inserting in place thereof the following section:-
Section 144. Section 9N of chapter 23 is hereby amended by striking out, in line 24, the words "and training", inserted by section 2 of chapter 347 of the acts of 2002, and inserting in place thereof the following word:- security.
by striking out section 145, as so appearing, and inserting
in place thereof the following new section:-
Section 145. Said section 9N of
said chapter 23 is hereby further amended by striking out, in line 28, the words
"and training", inserted by said section 2 of said chapter 347, and
inserting in place thereof the following word:- security.
and by inserting, after section 152, the following section:-
Section 56 of said chapter 23A of the General Laws, as so appearing, is hereby amended, in line 14, by inserting, after the word "Center", the following:- ; the president and chief executive officer of the Massachusetts association of community development corporations, in an advisory capacity;
by inserting, after section 153, the following two sections:-
SECTION 153A. Chapter 23D of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-
Section 2. A Massachusetts industrial service program
shall be established in the executive office of economic affairs, under the joint
supervision of the director of business and technology and the department of labor
and workforce development.
The secretary, in consultation with the director
of business and technology and the director of labor and workforce development,
shall issue rules, regulations and procedures governing the application for and
delivery of the services provided for in this section and sections 3 to 7, inclusive,
and sections 24 to 26, inclusive, as necessary to carry out this chapter.
SECTION 153B. Section 7 of chapter 23G of the General Laws, as so appearing, is hereby amended by striking out, in line 61, the words "office of international trade and investment," and inserting in place thereof the following words:- trade office.
by inserting after the words "amount expended," in section 194, in the second sentence of subsection (b) of section 65 the following words:- the billing rate or fee arrangement
by inserting, after section
194, the following section:-
SECTION 194A. Section 48 of chapter 31 of the
General Laws, as so appearing, is hereby amended by striking out, in lines 19
and 20, the words "office of international trade and investment" and
inserting in place thereof the following words:- Massachusetts trade office.
by striking out, in section 208, the last sentence of the eleventh paragraph of section 108L.
and by inserting, in section 208, in the second sentence of the twelfth paragraph of section 108L after the words "commonwealth for" the following:- the commonwealth's share of
and by striking out, in section 208, the last
paragraph and inserting in place thereof the following paragraph:-
Notwithstanding
any provisions of this section to the contrary, police officers and members of
the department of state police appointed under section 10 of chapter 22C of the
General Laws and state police detectives appointed under said section 10, who
have attained their degree pursuant to this section before July 1, 2003 shall
be paid career incentive bonuses pursuant to the provisions of this section in
effect before July 1, 2003.
and by inserting, after section 230, the following
two sections:-
SECTION 230A. Section 1 of chapter 62D of the General Laws,
as amended by section 66 to 68 of chapter 184 of the acts of 2002, is hereby amended
in the definition of "Debt" by inserting at the end thereof the following:-
;provided, for the purpose of this section any agency of a city or town shall
include a housing authority as defined by section 3 and 3A of chapter 121B.
SECTION 230B. Section 1 of chapter 64H of the General Laws, as most recently amended by chapter 469 of the acts of 2002, is hereby further amended in the definition of "Sale at Retail" by striking the second sentence and inserting in place thereof the following sentence:- When tangible personal property is physically delivered by an owner, any former owner thereof, a factor, or any agent or representative of said owner, former owner or factor, to a consumer and that consumer resides in the commonwealth, or to any person for redelivery to said consumer, pursuant to a retail sale made by a vendor not engaged in business in the commonwealth, the person making or effectuating the delivery shall be deemed the vendor of that property and the transaction shall be a retail sale in the commonwealth by such person, regardless of any terms concerning the passage of title or risk of loss which may be expressly or impliedly applicable to any contract or other agreement or arrangement for the sale, transportation, shipment or delivery of that property.
and
by inserting at the end of section 216 the following:-
(d) The commissioner
shall annually notify all financial institutions, insurance companies, and publicly-traded
corporations of the obligations under this section. The first notice shall be
given within 30 days after enactment of this section.
(e) By April 1 of each
year the state secretary shall make public (i) all forms filed pursuant to this
section with the state secretary and (ii) a list of those financial institutions,
insurance companies, and publicly-traded corporations required to report under
this section. All amendments or late filings shall be made public within 30 days
of submission to the state secretary.
by striking out sections 319 to 321, inclusive, and inserting in place thereof the following 5 sections:-
"SECTION 319. Section 61 of chapter 112 of the General Laws is hereby amended by striking out the first paragraph, as amended by section 94 of chapter 184 of the acts of 2002, and inserting in place thereof the following three paragraphs: --
Except
as otherwise provided by law, each board of registration may, by majority vote
and upon determination made after a hearing that the holder of a license, certificate,
registration or authority issued by each board of registration is subject to sanctions
on a ground enumerated in this section, impose sanctions including but not limited
to the following:
(1) suspend, revoke, cancel or decline to renew such license,
certificate, registration or authority, or place its holder on probation;
(2)
reprimand or censure a holder;
(3) assess upon such holder a civil administrative
penalty not to exceed $5,000 for each violation;
(4) require such holder to
perform, for each such violation, up to 100 hours of public service in a manner
and time to be determined by the board;
(5) require such holder to complete
additional education and training as a condition of retention or future consideration
of reinstatement of said license, certificate, registration or authority;
(6)
require such holder to practice under appropriate supervision for a period of
time as determined by the board as a condition of retention or future consideration
of reinstatement of said license certificate, registration or authority;
(7)
require such holder to participate in an alcohol or drug rehabilitation program
or undergo drug testing, or both, as a condition of retention or future consideration
of reinstatement of said license, certificate, registration or authority; and
(8) require restitution of not more than $10,000 per injured party where appropriate.
Each
board of registration may sanction the holder of a license, certificate, registration
or authority in accordance with the provisions of this section if such a holder
:
(1) has engaged in conduct which places into question the holder's competence
to practice his or her profession including, but not limited to, gross misconduct
or misconduct in the practice of the profession, or practicing the profession
fraudulently or beyond its authorized scope, or with gross incompetence, or with
negligence on more than one occasion;
(2) is incapacitated by, or has practiced
his or her profession while the ability to practice is impaired by, alcohol, drugs,
physical disability or mental instability;
(3) has violated any law, or rule
or regulation of the board of registration, governing the practice of his or her
profession;
(4) has been convicted of a criminal offense that reasonably calls
into question the holder's ability to practice his or her profession;
(5) has
engaged in dishonesty, fraud or deceit that bears on the holder's fitness to practice
his or her profession;
(6) has knowingly permitted, aided, or abetted an unlicensed
person to perform activities requiring a license, certificate, registration or
authority; or
(7) has had a license, certificate, registration or authority
issued by another state or territory of the United States, the District of Columbia,
or foreign state or nation with authority to issue such a license, certificate,
registration or authority revoked, canceled or suspended, not renewed, or otherwise
acted against, or the holder has been disciplined, if the basis for the action
is substantially the same as a basis for disciplinary action in the commonwealth.
Nothing in this section shall limit any board's authority to impose such reasonable sanction as deemed appropriate by the board after hearing or by consent agreement. Any person sanctioned under this section shall also be liable to such punishment as may be provided by law. The boards may make such rules and regulations as they deem proper for the filing of charges and the conduct of hearings.
SECTION 319A. Section 64 of said chapter 112, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 5 the figure "(8)" and inserting in place thereof the figure "(7)".
SECTION 319B. Said section 64 of said chapter 112, as so appearing, is hereby further amended by adding the following sentence: -- Where a statute provides that a court other than the supreme judicial court may review a board's action, such review shall in any event be conducted in accordance with the standards of review provided in paragraph (7) of section 14 of chapter 30A.
SECTION 320. Section 65 of said chapter 112, as so appearing, is hereby amended by striking out, in line 5, the word "one" and inserting in place thereof the following figure:- "10".
SECTION 321. Chapter 112 of the General Laws, as so appearing, is hereby amended by adding after section 65 the following 5 sections:-
Section 65A. Each board of registration may assess and collect a civil administrative penalty of up to $5,000 for each violation upon any person who practices any trade or profession at a time when his or her license, certificate, registration or authority to do so is not valid because it has been suspended, revoked or canceled under authority of this chapter, and upon any person who knowingly practices any trade or profession at a time when his or her license, certificate, registration or authority authorizing him or her to do so has expired. Each board may apply to the court that reviewed any board order at issue, or to the superior court if no review was previously obtained, for an order enjoining unlicensed practice or practice in a manner contrary to a board order issued as authorized by section 61, or ordering payment of any assessed fine, or both; and an injunction, restraining order, money judgment, or other order as may be appropriate shall be granted by such court.
Section 65B. Except as otherwise permitted by law, each board of registration, after a hearing , may assess and collect a civil administrative penalty of up to five thousand dollars for each violation upon any person who, without holding the required license, certificate, registration, or authority, engages in the practice of any trade or profession over which the board has jurisdiction and for which a license, certificate, registration, or authority is required. This section shall not affect, but shall be in addition to, any other penalty or remedy provided by law. Each board may apply to the superior court for an order enjoining unlicensed practice, or ordering payment of any assessed fine, or both. Upon a showing by the board that such person has engaged in unlicensed practice, an injunction, restraining order, money judgment, or other order as may be appropriate shall be granted by such court.
Section 65C. Each board of registration that has jurisdiction over licensee whose continued practice poses an immediate and serious threat to the public health, safety or welfare may suspend or refuse to renew the holder's license, certificate, registration or authority pending a hearing on the merits of the allegation against the holder, provided that the board shall hold a hearing on the necessity for the emergency action within 7 business days of the action. The board shall issue to the licensee a written order of emergency action which specifies the findings of the board and the reasons for its emergency action and which also includes notice of the date, time and place of the aforementioned 7-day hearing. At the request of a licensee the board may reschedule this hearing to a date and time mutually agreeable to the board and licensee. Any such rescheduling of the hearing granted at the licensee's request shall not operate to lift or stay the emergency action order. If such hearing is not held within 7 business days of the board's emergency action, or at such rescheduled time as may have been agreed to, the license, certificate, registration or authority against which action was taken shall be considered reinstated. At the hearing, the board shall receive evidence limited to determining whether the emergency action order shall continue in effect pending the final disposition of the complaint. Following such hearing, any continuing suspension or non-renewal imposed by a board shall remain in effect until the conclusion of any formal proceeding on the merits of the allegations against the holder, including judicial review thereof, or until withdrawn by such board. The division of professional licensure and the department of public health, as appropriate, after proper notice and hearing, shall adopt rules and regulations governing the emergency action procedure authorized by this section.
Section 65D. Any complaint, report, record or other information received or kept by any board of registration in connection with an investigation shall be considered a public record only following the issuance of an order to show cause or final action by the board. Before issuing an order to show cause or final action, each board may keep confidential any complaint, report, record or other information received or made in connection with an investigation conducted by the board, provided that the identity of the person filing a complaint shall be exempt from disclosure as a public record at all times, except to the extent that a licensee may be entitled to such information for purposes of preparing a defense in a formal adjudicatory hearing. The requirement that investigative records or information be kept confidential shall not apply to requests from other state or federal agencies, boards or institutions as the division of professional licensure or the department of public health, as appropriate, shall determine by regulation.
Meetings of the boards held for the purpose of conducting investigative conferences elated to a complaint shall not be considered open meetings within the meaning of section 11A ½ of chapter 30A.
Section 65E. After a complaint has been filed with any of the boards of registration alleging that any holder of a license, certificate, registration or authority issued by any of the boards may be incompetent or unable to practice his or her profession or trade with reasonable skill and safety because such holder's ability to practice is impaired due to mental illness or physical illness, the board may order such holder to be examined by one or more physicians or psychotherapists approved by the board at the board's expense. If the individual fails or refuses to comply with an order by the board for such examination, and upon reasonable notice to the holder, the board may apply to the superior court for an order compelling the holder to submit to an examination. If the board's application is granted, the court may, after opportunity for hearing, require the individual to pay to the board its reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds an award of expenses unjust. The holder's failure to comply with a court order issued under this section shall constitute grounds for disciplinary action by the board, including but not limited to the sanctions listed in section 61. The report of the examiners shall be made available to the holder and may be received as direct evidence in formal adjudicatory proceedings; said report shall remain confidential except to the extent it is disclosed in such proceedings."
by inserting, after section 377, the following section:-
SECTION 377A The first paragraph of section
32 of said chapter 121B, as so appearing, is hereby amended by striking the third
sentence and inserting in place thereof the following:-
To this end, an authority
shall fix the rents for dwelling units in its projects in accordance with regulations
issued by the department, so that no tenant shall be required to pay a rental
of less than 30 percent of his income if heat, cooking fuel and electricity are
provided by the authority, 28 percent of his income if one or more utility is
provided, or 25 percent of his income if such utilities are not provided; provided
however, that in calculating the amount of such rental, an authority may round
the amount of such rental payment to the nearest whole dollar. In no instance
shall a tenant household pay a rental fee of less than $25 per month. Notwithstanding
the provisions of section 49 of chapter 271, the authority may impose a late penalty
of $25 for failure to pay rent due. For the purpose of determining continued eligibility,
pursuant to regulations of the department, the authority shall determine the appropriate
unit size based on the composition of each tenant household. If a tenant is determined
to be overhoused, such tenant shall be subject to transfer to a unit of appropriate
size, as required by the lease. If an overhoused tenant household refuses a transfer
to an available unit of appropriate size, the tenant shall be subject to a minimum
rental fee of 150 percent of the tenant's rent.
by deleting,
in section 390, the word "fourteen" in section 7E and replacing it with
"7B".
by inserting, after section 449, the following six sections:-
SECTION
449A. Section 1 of chapter 151A of the General Laws is hereby amended by striking
out paragraph (g), as so appearing, and inserting in place thereof the following
paragraph:-
(e) "Department", the division of employment security
within the department of labor and workforce development.
SECTION 449B. Section 22 of said chapter 151A, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "department of employment and training" and inserting in place thereof the following words:- division of employment security within the department of labor and workforce development.
SECTION 449C.
Section 58 of said chapter 151A, as so appearing, is hereby amended by adding
the following subsection:-
(g) Funds from this account shall be used to support
the administration and operation of chapter 151A and may be used to contract with
the division of workforce development for space required to maintain walk-in services,
including the provision of general information, application assistance, claims
information and orientation under this chapter.
SECTION 449D. Section 62A of said chapter 151A, as so appearing, is hereby amended by striking out, in line 1, the words "and training" and inserting in place thereof the following word:- security
SECTION 449E. Section 71D of said chapter 151A, as so appearing, is hereby amended by striking out the first sentence and inserting in the place thereof the following sentence:- Subject to appropriation, the director of labor and workforce development, in coordination with the secretary and the heads of employment security and workforce training, shall establish a reemployment assistance program to provide counseling, placement, training and other services deemed necessary to employees terminated in plant closings and partial closings which will lead to the reemployment of said employees.
SECTION 449F. Section 74 of said
chapter 151A is hereby repealed.
by inserting, after section 499, the following
section:-
SECTION 499A. Paragraph (i) of subsection (a) of subdivision (1)
of section 4A of chapter 1078 of the acts of 1973, as most recently amended by
section 14 of chapter 300 of the acts of 2002, is hereby further amended by striking
out the first sentence and inserting in place thereof the following sentence:-
There shall be in the division of workplace dispute resolution within the department
of labor and workforce development and under executive office of economic affairs,
but not subject to the jurisdiction thereof, a committee to be known as the joint
labor-management committee, in this section referred to as the committee.
by deleting, in section 532, in clause (1), the words: "except those functions referenced in clause (6),".
by deleting, in section 532, clause (6).
by inserting, after section 580, the following section:-
SECTION 580A. Notwithstanding the provisions of any general or special law to the contrary, the co-chairs of the state workforce investment board shall coordinate with the secretary the executive office of economic affairs and the director of the department of labor and workforce development to develop and submit to the governor and the clerks of the senate and the house of representatives, by June 30, 2004, a comprehensive Workforce Development Plan that shall include, but not be limited to, the following: an assessment of current workforce programs and policies; an assessment of the delivery of employment and training and training services to persons who face multiple barriers to employment, including youth, the disabled and dislocated workers; recommendations for policy, programmatic, and legislative or funding changes.
by inserting, in section 590,after the first sentence the following sentence:- The committee shall further make recommendations on the management structure of the department of forensic sciences and on the division and coordination of responsibilities within the department among the office of the chief medical examiner, the state police crime laboratory and any other state agencies or laboratories that the committee recommends be included in the department.
by inserting, in section 590, after the words "recommendations on" in the final sentence thereof the following words:- the management structure of the department of forensic sciences and on
Floor Number: 15 Clerk Number: 83
Land Court 1
Mr.
Morrissey moves to amend the bill, in section, 2, in item 0334-001, by striking
out the figures "2,679,342" and inserting in place thereof the figure
"2,779,242".
Floor Number: 16 Clerk Number: 303
JUVENILE COURTS
Mr. McGee moves that the bill be amended in section 2 in line item
0337-9000, by striking out the figure $28,797,274 and inserting in place thereof
the following figure: -- $28,894,276
FLOOR NUMBER: 17 CLERK NUMBER: 374
JUVENILE COURT DEPARTMENTS
Ms. Menard moves to amend the bill,
in section 2 in item 0337-90000, line 3 , amended by inserting after the word
"Worcester" the following words;-
", Barnstable, Bristol"
Floor Number: 18 Clerk Number: 144
REGISTRY OF DEEDS TRANSFERABILITY LANGUAGE
Mr.
Panagiotakos moves to amend the bill, in section 2, in item 0511-0000, by inserting
after the words "House and Senate Committees on Ways & Means", the
following:- provided further, that the secretary may transfer funds between items
0540-0900, 0540-1000, 0540-1100, 0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600,
0540-1700, 0540-1800, 0540-1900, 0540-2000, 0540-2100 pursuant to an allocation
schedule filed with the house and senate committees on ways and means not less
than 30 days prior to any such transfer."
Floor Number: 19 Clerk Number: 335
AN AMENDMENT RELATIVE TO AN HISTORICAL GRANT FOR THE CITY OF GLOUCESTER
Mr.
Tarr moves to amend the bill (Senate bill 2004) in Section 2, item 0526-0100 by
adding, after the words "Essex Natural Heritage Commission Archives",
the following: -
"; provided further, that the grant provided to the City
of Gloucester for the restoration of City Hall relative to MMARS Document ID:
SCSEC48003205102, administered on July 1, 2002, be extended until December 31,
2003 for the purpose of construction completion".
Floor Number 20 Clerk Number 284
REDUCTING THE FUNDING OF THE ALCOHOLIC BEVERAGES CONTROL COMMISSION
Mr. Nuciforo moves to amend the bill, in item 0610-0050, by striking the figure
"$1,766,478" and inserting in place thereof the following figure:-
"$766,478".
Floor Number: 21 Clerk Number: 105
LOTTERY COMMISSION ADVERTISING
Messrs. Lees, Tarr and Knapik and Mrs. Sprague move to amend the bill, in section
2, in item 0640-0000, by striking the following words:- "provided, that
no funds shall be expended from this item for any costs associated with the
promotion or advertising of lottery games;"
Floor Number: 22 Clerk Number: 438
LOTTERY ONLINE
Messrs. Lees and Knapik move to amend the bill, in section 2, in item 0640-0000,
by adding the following words after the word "Laws:":- "and provided
further that the Commission shall study the impact, cost of implementation,
and the revenue effects of establishing online lottery games in the Commonwealth,
and report to the House and Senate Ways and Means Committees their findings
and recommendations no later than December 31, 2003;"
Floor Number: 23 Clerk Number: 453
RENTAL COST FOR PLYMOUTH COUNTY DISTRICT ATTORNEY
Mr. Creedon of Brockton moves
to amend the bill, in line item 0640-0010 by striking out the words " . .
. .$5,000,000" and inserting in place thereof the following language "
. . . .$4,874,877" ;
and further moves to amend the bill in section 2,
line item 0340-0800, by striking out the figure "$5,448,155" and inserting
after the words "said interagency service agreement" the following language
and figure "; and provided further, that not less than $125,132 will be used
to pay rent for the building located at 32 Belmont Street, Brockton . . . $5,516,535"
Floor Number: 24 Clerk Number: 443
OFFICE OF ETHICS AND CAMPAIGN FINANCE
Mr. Lees and Mrs. Sprague move to amend the bill, in section 2, by striking
the line item 0900-0100 in its entirety and further amends the bill in line
item 0920-0300 by inserting in place thereof the following line item:-
"0920-0300 For the operation of the combined office of state ethics and
campaign and political finance to be known as the Office of Ethics and Campaign
Finance; provided that the head of the agency formally known as the Office of
Campaign and Political Finance maintain the position as lead contact between
the functions of the agency
..
$2,037,059"
Floor Number: 25 Clerk Number: 373
DISABLED PERSONS PROTECTION COMMISSION
Ms. Resor, Messrs. Hedlund and Tisei move to amend the bill in section 2, in
item 1107-2501, by striking out the figure "$1,578,214" and inserting
in place thereof the figure "$1,612,319",
And
Ms. Resor, Messrs. Hedlund and Tisei move to further amend the bill, in section
2, in item 5911-1000, by striking out the figure "$12,119,401 ", and
inserting in place thereof the following figure: - "$12,102,349 ",
And
Ms. Resor, Messrs. Hedlund and Tisei move to further amend the bill, in section
2, in item 5011-0100, by striking out the figure "$35,547,302 ", and
inserting in place thereof the following figure: - "$35,530,249 ".
Floor Number: 26 Clerk Number: 288
CIVIL SERVICE COMMISSION
Mr. McGee moves to amend the bill, in section 2, in item 7003-0701, by striking out the figure $362,087" and inserting in place thereof the following figure:- "$450,454".
Floor Number: 27 Clerk Number: 67
PRESERVING COLLECTIVE BARGAINED CONTRACTS ON INSURANCE
Mr. Morrissey moves to amend the bill, in section 2, in line item 1108-5200, by inserting at the end thereof the follow:- ";provided further, that nothing in this line item shall replace or superceded any existing collective bargaining agreements between any entity representing state employees and the state."
Floor Number: 28 Clerk Number: 77
STATE RETIREES POST JUNE 30, 2003 PERCENTAGE
Mr. Morrissey moves to amend the bill, in section 2, in line item 1108-5200, by inserting after the words "between July 1, 1994 and June 30, 2003 shall be 85 per cent;" with the following: - "provided further, the commonwealth's share of the group insurance premium for state employees who have retired after June 30, 2003 shall be a the percentage based on the retired state employee's benefit and not the salary the state employee retired at,"
Floor Number: 29 Clerk Number: 309
COVERAGE OF MEDICARE PART B FOR RETIREES
Messrs. McGee, Morrissey,
Moore, Joyce and Ms. Jacques and move to amend the bill, in section 2, in item
1108-5200, by inserting at the end thereof the following words: - "; and
provided further, that notwithstanding the provisions of any general or special
law to the contrary, the commonwealth shall pay 90 per cent of the medicare part
B premium required to be paid by any person, who retired before July 1, 1994,
their spouses or dependents and 85 per cent of the medicare part B premium required
to be paid by any person, who retired on or after July 1, 1994, their spouses
or dependents
$765,462,983
Floor Number: 30 Clerk Number: 161
DIVISION OF ADMINISTRATIVE LAW APPEALS
Ms. Jacques, Ms. Creem, Messrs. Creedon, Morrissey and Joyce
move to amend the bill, in section 2, in item 1110-1000, by striking out the figure
"$632,165" and inserting in place thereof the following figure:- "$663,887".
Floor Number: 31 Clerk Number: 58
Compliance with tax and registration laws
Mr. Moore moves to amend the bill, in section 2, in line item 1201-0130, by
inserting after the words "November 1, 2003" the following:- "and
provided further that the commissioner shall provide the registrar of motor
vehicles and the assessors in each city and town with a list of the names and
addresses of taxpayers who filed resident income tax returns. The purposes of
the lists is to identify residents who may have improperly registered their
motor vehicles and failed to pay motor vehicle registration fees, state sales/use
taxes and local motor vehicle excises on their motor vehicles; and provided
further, the commissioner shall direct the assessors to provide to all real
property owners a notice inserted with each tax bill describing the provisions
of section 3½ of chapter 90."
Floor Number: 32 Clerk Number: 292
RECOVERY OF DELINQUENT TAXES
Ms. Fargo
moves to amend the bill, in Section 2, by striking out item 1201-0130 and inserting
in place thereof the following item: -
"1201-0130 The department of revenue
may expend an amount not to exceed $2,640,000 from revenues collected by auditors
and for the costs of administering an enhanced audit program, for discovering
and identifying persons who are delinquent either in the filing of any tax return
or the payment of any tax due and payable to the commonwealth, for the costs of
obtaining those delinquent returns and collecting those delinquent taxes for any
prior fiscal year; provided, that notwithstanding any general or special law to
the contrary, for the purpose of accommodating timing discrepancies between the
receipt of revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment the amounts not to exceed the lower
of this authorization or the most recent revenue estimate therefore as reported
in the state accounting system; provided further, that the commissioner of the
department shall expand the Most Wanted list, so-called, as published on the internet,
to include a list of all delinquent taxpayers, including individuals, trusts,
partnerships, corporations, and 121A corporations; provided further, that the
delinquency is an amount greater than $25,000 and for a period of at least six
months from the time the taxes were assessed
$2,640,000
Floor Number: 33 Clerk Number: 55
Filed by Senator Havern--relative to the sewer rate relief fund
WITHDRAWN
Floor Number: 34 Clerk Number: 124
AMENDING THE FIRST RESPONDER EMERGENCY ASSISTANCE LINE ITEM:
Mr. Tisei, Mr. Lees, Mr. Knapik, Mr. Tarr and Ms. Sprague move to amend the bill in section 2, by striking line item 1231-2000 as it appears and inserting in the place thereof the following new line item:-
1231-2000 For assistance to
cities and towns to meet critical police, fire and public health needs in lieu
of cuts to local aid provided by the commonwealth; provided that each city and
town shall receive an appropriation from this fund equal to the amount of the
revenue raised in said city or town by the surcharge established in section 459
of this act; and provided further that the division of local services of the department
of revenue shall certify the amount of revenue raised by said surcharge in each
city and town.. $40,000,000
Floor Number: 35 Clerk Number: 543
HOME OWNERS INSURANCE
Mr. Lees hereby moves that the bill be amended
by striking in section 2, line item 1231-2000 in its entirety, and further
in
section 3, by striking section 459
Floor Number: 36 Clerk Number: 378
APPELLATE TAX BOARD
Mr. McGee moves that the bill be amended in section 2 in line
item 1310-1001 by striking out the figure "$300,000" and inserting in
place thereof the following figure:- "$395,000".
Floor Number: 37 Clerk Number: 396
VETERANS' SHELTERS
Mrs. Chandler, Mr. Glodis, Mr.
Baddour, and Mr. Creedon move to amend the bill, in section 2, by striking out
items 1410-0250 and 1410-0251 and inserting in place thereof the following item:-
"1410-0250
For homelessness services, including the maintenance and operation of homeless
shelters and transitional housing for veterans; provided, that funds shall be
obligated for a contract with the New England Shelter for Homeless Veterans located
in the city of Boston; provided further, that not more than $100,000 shall be
expended for the Veterans Benefits Clearinghouse located in Dorchester; provided
further, that not more than $100,000 shall be expended for the Veterans Benefits
Clearinghouse located in Roxbury; provided further, that not more than $90,000
shall be obligated for a contract with the southeastern Massachusetts veterans
housing program located in the city of New Bedford; provided further, that not
more than $81,000 shall be obligated for a contract with the Unity House located
in the city of Gardner; provided further, that not more than $25,515 shall be
obligated for a contract with the Homestead in Hyannis; provided further, that
not more than $97,200 shall be obligated for a contract with the veterans hospice
homestead in the city of Leominster and the veterans hospice in the town of Fitchburg;
provided further, that not more than $81,000 shall be obligated for a contract
with Habitat PLUS in the city of Lynn; provided further, that $86,000 shall be
obligated for a contract with the Central Massachusetts Veterans Shelter in the
city of Worcester; provided further, that not more than $46,778 shall be obligated
for a contract with the Springfield Bilingual Veterans Outreach Center; provided
further, that not less than $2,666,366 shall be made available to those veterans
organizations who respond to a request for proposal and meet those qualifications
for funding: and provided further, that the commissioner may distribute funds
on a per person, per bed basis
..
..$3,453,559".
Floor Number: 38 Clerk Number: 478
NEW ENGLAND SHELTER FOR HOMELESS VETERANS
Mr. Creedon of Brockton moves to amend the bill, in line item 1410-0251, by striking out the figure "$2,093,735" and inserting the following figure "2,135,727".
Floor Number: 39 Clerk Number: 481
STARSTORE AND ADVANCED TECHNOLOGY MANUFACTURING CENTER
Ms. Menard moves to amend the bill by adding, in section 2, after item 1599-3856,
the following new items:-
1599-3857 For capital lease payments from the university of Massachusetts to
Massachusetts development finance authority and for annual operations of the
advanced technology and manufacturing center in Fall River $968,778
1599-7014 For a reserve for the facilities costs associated with the college
of visual and performing arts at the university of Massachusetts at Dartmouth;
provided, that funds may be expended for Bristol community college $2,404,280
and, by striking out, in section 2, in item 7100-0200, the words "provided further, that funds shall be expended for the operation of the College of Visual and Performing Arts at the University of Massachusetts at Dartmouth, including for programs operated by Bristol Community College at that facility; provided further, that funds shall be expended for capital lease payments from the university of Massachusetts to Massachusetts development finance authority and for annual operations of the advanced technology and manufacturing center in Fall River;"
and, by striking out, in item 7100-0200, the figure "$293,748,600" and inserting in place thereof the following figure:- $290,375,542
Floor Number: 40 Clerk Number: 460
FUNDING FOR CFO FOR OUTSIDE LEGAL COUNSEL
Mr. Creedon of Brockton moves to amend section
2 of the bill by striking out the figure $1,616,712 in line item 1775-0100 and
inserting in place thereof the following:-
"$1,715,212"
Floor Number: 41 Clerk Number: 521
EOEA JUDGES
Mr. Lees hereby moves to amend the bill by striking line item 2000-0500; and further moves to amend in line item 1110-1000 by striking the figure $632,165 and inserting in place thereof the following new figure: -- $1,153,037; and further moves to amend in section 2 line item 1110-1000 by inserting after the words "General Laws" the following new words: -- and including the administrative appeals judges for the department of environmental protection.
Mr. Lees further moves to amend the bill by striking SECTION 134; and further moves to amend the bill in SECTION 532 by striking in clause (11) the words "environmental affairs" and inserting in place thereof the following new words: -- administration and finance, division of administrative law appeals.
Floor Number: 42 Clerk Number: 229
METHUEN RECYCLING GRANT
Mr. Baddour moves to amend the bill,
in section 2, in item 2010-0100 by inserting after "April 1, 2003" the
following item:
- "Provided further that, not less than $1,280,000 shall
be expended on municipal recycling incentives;"
Floor Number: 43 Clerk Number: 357
CLARIFY THE LIMITS OF RECYCLING ACCOUNT SPENDING
Ms. Resor moves to amend the bill, in section 2, in line item 2010-0100, in line 6, by striking out the words "provided, that the department shall be prohibited from increasing the number of full time employees paid from this line item above the number assigned to this item on March 1, 2003;" and inserting thereof the following words:- "provided that the costs of personnel charged to this item during any fiscal year shall not exceed the level expended for such personnel and/or contractors assigned to this item on March 1, 2003."
Floor Number: 44 Clerk Number: 380
CLEAN ENVIRONMENT FUND AMENDMENT
Ms. Resor,
Mr. Creedon, Ms. Creem and Mr. Hedlund move to amend the bill (S. 2004), in section
2, in line item 2010-0100 by striking out the word "less", and inserting
in place thereof the following:- "more".
Floor Number: 45 Clerk Number: 520
MUNICIPAL RECYCLING EQUIPMENT
Messrs. Hedlund and Tarr move to amend the bill, in section 2, in item 2010-0100,
by adding at the end thereof the following:-
"; provided further, that the department of environmental protection shall
expend no less than $2,000,000 for municipal equipment"; and by stinking
out the figure "4,626,801" and inserting in place thereof the following
figure:- "6,626,801".
Floor Number: 46 Clerk Number: 552
MUNICIPAL RECYCLING PROGRAM
Mr. Knapik moves to amend
the bill in section 2, in item 2010-0100, by inserting after the words "General
Laws;" the following:- "provided further, that the department of environmental
protection shall expend no less than $2,000,000 for municipal equipment and grants,"
and by striking the figure "$4,626,801" and inserting in place thereof
the figure "$6,626,801."
Floor Number: 47 Clerk Number: 344
TRANSFER FROM TURA TO OTA
Ms. Resor moves to amend the bill, in section 2, in line item 2020-0100 by striking
out the figure "$1,299,324", and inserting in place thereof the following
figure:" $1,510,211".
And further to amend line item 2210-0100 by striking out the figure "$918,712",
and inserting in place thereof the figure:-" $707,834".
Floor Number: 48 Clerk Number: 358
TOXICS USE REDUCTION FUND - RESTORE
Ms.
Resor moves to amend the bill, in section 2, by inserting after items 2020-0100,
2210-0100, and 7100-0300 the following item:
"Toxics Use Reduction Fund
..100%";
and
further, to amend the bill by striking out Section 162;
and further, to amend
the bill in Section 609 by striking out the words "Section 2K of chapter
29" and inserting in place thereof the following words:-
", and further,
the comptroller is authorized and directed to transfer $3,708,850 from the General
Fund to the Stabilization Fund."
Floor Number: 49 Clerk Number: 523
EOEA FISHERIES
Mr. Lees moves that Senate bill 2004 be amended in section two by striking out items 2030-1000, 2030-1004, 2300-0101, 2310-0200, 2310-0317, 2320-0100, 2330-0100, 2330-0120, 2330-0121, and 2350-0101 and by inserting in place thereof the following items:
2300-0100 For the Office of the Commissioner of the Department of Fisheries, Wildlife and Environmental Law Enforcement .. .$528,142
2300-0101 For a program of Riverways protection, restoration and promotion of public access to rivers, including grants to public and non public entities; provided that the positions funded in this item shall not be subject to chapter 31 of the general laws ... $ 300,000
2310-0100 For the administration of the division of fisheries and
wildlife, including expenses of the fisheries and wildlife board, the administration
of game farms and wildlife restoration projects, for wildlife research and management,
the administration of fish hatcheries, the improvement and management of lakes,
ponds and rivers, for fish and wildlife restoration projects, the commonwealth's
share of certain cooperative fishery and wildlife programs, and for certain programs
reimbursable under the federal Aid to Fish and Wildlife Restoration Act; provided,
that funds from this item shall be made available to the University of Massachusetts
at Amherst for the purposes of wildlife and fisheries research in an amount not
to exceed the amount received in fiscal year 2003 for such research; provided
further, that the department shall expend the amount necessary to restore anadromous
fish in the Connecticut and Merrimack river systems; and provided further, that
expenditures for such programs shall be contingent upon prior approval of the
proper federal authorities for reimbursement of at least 75 per cent of the amount
so expended
..
..$6,702,731
Inland Fish and Game Fund
..100%
2310-0301 For the operation of the Natural Heritage and Endangered Species program.. . $639,182
2310-0317 For the waterfowl management program pursuant to section 11 of chapter
31 of the General Laws
..
.$85,000
Inland Fisheries and Game Fund 100.00%
2310-0318 For the Hunter Education
safety training program
$433,719
Inland Fish and Game Fund
.100%
2320-0100 For the administration of the public access board, including the maintenance, operation, and improvements of public access land and water areas as authorized by section 17A of chapter 21 of the General Laws;; and provided further, that positions funded herein shall not be subject to the provisions of chapter 31 of the General Laws ..$320,092
2330-0100 For the operation of the division of marine fisheries, including
expenses of the Annisquam river marine research laboratory, marine research programs,
a commercial fisheries program, a shellfish management program including coastal
area classification, mapping and technical assistance, and for the operation of
the Newburyport shellfish purification plant and shellfish classification program;
provided, that $300,000 shall be expended on a recreational fisheries program
to be reimbursed by federal funds; provided further, that the Newburyport shellfish
purification plant shall generate not less than $115,000 from purification fees;
and provided further, that the department shall increase any existing shellfish
rack and digger license fees that have not been modified more recently than fiscal
year 1989, and provided further, that the increase shall take effect during fiscal
year 2004; provided further, that not less than $180,000 shall be made available
to the School for Marine Science and Technology to help mitigate the negative
economic impact to the Massachusetts ports which has resulted from the change
in federal fisheries regulations; provided further, that not less than $45,000
shall be expended for shellfish propagation on the islands of Martha's Vineyard
and Nantucket to be administered by the state aquaculture coordinator and Dukes
and Nantucket counties; and provided further, that not less than $90,000 shall
be expended for the joint operation of a shellfish propagation program on Cape
Cod between the division and Barnstable County Department of Health and Environment
$3,815,384
Senate appropriation
2330-0120 For the division of marine fisheries for a program of enhancement and development of marine recreational fishing and related programs and activities, including the cost of equipment maintenance, staff and the maintenance and updating of data . $618,159
2330-0121 For the division of marine fisheries to utilize reimbursable
federal sport fish restoration funds to further develop marine recreational fishing
and related programs, including the costs of activities that increase public access
for marine recreational fishing, support research on artificial reefs, and otherwise
provide for the development of marine recreational fishing; provided, that the
division of marine fisheries may expend revenues up to $167,898 collected from
federal sport fish restoration funds and from the sale of materials which promote
marine recreational fishing
..
.
$167,898
2350-0100 For the operation of the Division of environmental law enforcement; provided, that each county shall be assigned at least 1 full-time environmental officer; provided further, that officers shall be assigned to vacant patrol districts; provided further, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that no funds from this item shall be expended for the purposes of item 2030-1004 ..$9,902,003
2350-104
For environmental police private details; provided, that the office may expend
revenues of up to $250,000 collected from fees charged for private details
$250,000
and
by striking out in item 2600-0100 the number $5,568,630 and inserting in place
thereof the number $5,040,488.
Senate Bill 2004 is hereby further amended
by striking out section 74 and 75 and inserting in place thereof the following
sections:-
SECTION 74. Section 1 of chapter 21 of the General Laws, as appearing
in the 2000 Official Edition is hereby amended by striking out the fourth paragraph
and inserting in place thereof the following paragraph:-
The department of
conservation and recreation shall consist of a division of forests and parks and
a division of water supply protection. Each division shall be under the administrative
supervision of a director.
SECTION 75. Said chapter 21 is hereby further
amended by striking out section 2, as so appearing, and inserting in place thereof
the following section:-
Section 2. The department shall be under the control
of a stewardship council, which council shall consist of 8 members appointed by
the governor for terms of 7 years. Seven members shall be from the board of parks
and recreation created in section 2A of chapter 21, and the eighth member shall
be the commissioner of conservation and recreation. Upon the expiration of the
terms of the current members of the board, all additional appointments by the
governor, except those made to fill a vacancy in an unexpired term, shall be for
terms of 7 years. No council member may remain on the council after the expiration
of their term on the board of parks and recreation.
And by striking out section
89 and inserting in place thereof the following section:-
SECTION 89. Said
chapter 21 is hereby further amended by striking out section 3, as so appearing,
and inserting in place thereof the following section:-
Section 3. The commissioner
of conservation and recreation shall be the executive and administrative officer
of the department and he shall exercise supervision , direction and control over
all the divisions of the department in accordance with such programs and policies
as may from time to time be promulgated by the stewardship council. The commissioner
shall be responsible for administering all laws vested in the department by the
general or special laws. The commissioner shall appoint and remove the directors
of the division of forests and parks and the division of water supply protection
with the approval of the stewardship council. The commissioner shall appoint and
remove the directors of other divisions, bureaus or offices which he may establish
as he deems appropriate for the efficient management and centralized administration
of the department. The directors shall be qualified by training, experience and
executive ability to administer the duties of their respective offices, and shall
not be subject to chapter 31. The commissioner may also appoint and remove a professional
geologist, who shall be the state geologist and who shall not be subject to chapter
31 or section 9A of chapter 30.
and by striking out sections 100, 101, 103,
107, 110, 115, 118 and inserting in place thereof the following section:-
SECTION 101 chapter 21 is hereby further amended by striking out section
6I
as so appearing.
and by striking out section 121 and inserting in place thereof
the following section:-
SECTION 121. Said section 8 of said chapter 21A, as
so appearing, is hereby
further amended by striking out the fourth paragraph
and inserting in place thereof the
following paragraph:-
The department
of conservation and recreation shall include a division of forests
and parks
and a division of water supply.
and by striking out sections 123, 124, 126,
127, 131, 132, 232, 261, 289, 316, 394, and 457
and by striking out in section
532 paragraphs (4), (5), (7) and (8).
Floor Number: 50 Clerk Number: 381
DRINKING WATER PROTECTION
Mrs. Chandler moves to amend the bill,
in section 2, in item 2200-0100, by inserting after the words "General Laws;"
the following wording: -
"provided further, that not less than $75,000
shall be expended for drinking water protection in the town of Paxton;"