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Floor Number: 452 Clerk Number: 30
MASSACHUSETTS RENEWABLE ENERGY TRUST FUND

Mr. Berry moves to amend the bill by inserting at the end thereof the following new Section: -

"SECTION . Section 4E (f)(1) of Chapter 40J is hereby amended in line 2 by adding after the words "shall include" the words "but not be limited to."

Floor Number: 453 Clerk Number: 31
INDIAN LINE FARM

Mr. Joyce moves to amend the bill by inserting, after Section ___, the following new Section: - §§

"SECTION __. Notwithstanding any general or special law to the contrary, the department of conservation and recreation may enter into a lease agreement or agreements with the town of Canton for property currently under the care and control of the department known as the Indian Line Farm in the town of Canton. The term of any such lease agreement shall be for 10 years, with an option to renew for up to 10 additional years. Any such lease agreement shall require that all costs, fees and expenses relating to the care and maintenance of such property shall be paid in full by the lessee and other such terms and conditions as the department may require."

Floor Number: 454 Clerk Number: 32
NORTH RANDOLPH LITTLE LEAGUE

Mr. Joyce moves to amend the bill by inserting, after Section ___, the following new Section: -

"SECTION __. Notwithstanding any general or special law to the contrary, the department of conservation and recreation may enter into a lease agreement or agreements with the North Randolph Little League for property currently under the care and control of the department the land adjacent to the existing North Randolph Little League field off High Street near the Nike Missile Site in the town of Randolph. The term of any such lease agreement shall be for 10 years, with an option to renew for up to 10 additional years. Any such lease agreement shall require that all costs, fees and expenses relating to the care and maintenance of such property shall be paid in full by the lessee and other such terms and conditions as the department may require."

Floor Number: 455 Clerk Number: 50
ENVIRONMENTAL PENALTIES

Mr. Montigny moves to amend the bill, Senate 2004, by inserting, after Section 50, the following new Section: -
SECTION 50 A. Section 42 of chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 10 by striking the words "twenty-five thousand" and replacing them with the words: -- fifty thousand.
SECTION 50 B. Section 42 of chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended in lines 12 and 13 by striking the words "twenty-five thousand" and replacing them with the words: -- fifty thousand.
SECTION 50 C. Section 50B of chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 4 by striking the words: "twenty-five thousand" and replacing them with the words: -- one-hundred thousand.
SECTION 50 D. Section 50B of chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended in line 28 by striking the words "five
thousand" and replacing them with the following words: -- twenty-five thousand.
SECTION 50 E. Section 16 of chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 27 by inserting after the words "chapter 21E" the following new words: -- or consisted of knowingly making, or causing any person to make, any false, inaccurate, incomplete or misleading statement in any
document submitted to or required to be kept by the department.
SECTION 50 F. Section 16 of chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended by inserting in line 139 after the word "interest" the following new sentence: -- Notwithstanding any general or special law to the contrary, including the limitations and considerations set forth in this section, the department may require that the amount of a civil administrative penalty imposed
pursuant to this section exceed the economic benefit realized by a person for non-compliance.
SECTION 50 G. Section 16 of chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended in line 143 by inserting after the semicolon the following new words: -- a failure to comply that is part of a pattern of noncompliance and not an isolated instance; knowingly making, or causing any person to make, any false, inaccurate, incomplete or misleading statement in any document submitted to or required to be kept by the department.
SECTION 50 H. Section 16 of chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended by inserting in the 162 after the words "assessing such penalty" the following new sentence: -- Any person who fails to comply with or otherwise violates chapter 21E or any regulation adopted thereunder shall be liable for a civil administrative penalty not to exceed $25,000 for each day such violation continues.
SECTION 50 I. Section 11 of chapter 21E of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 10 by striking the words "twenty-five thousand" and replacing them with the following new words: -- fifty thousand.
SECTION 50 J. Section 11 of chapter 21E is hereby further amended in line 11 by striking the words "twenty-five thousand" and replacing them with the words: -- fifty
thousand.
SECTION 50 K. Section 29F of chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting in paragraph 1 of subsection (c) in line 70 after the word "safety" the following new words: -- or (ix) repeated or aggravated violation of any state or federal law protecting the environment.
SECTION 50 L. Section 29F of chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended by inserting in paragraph 2 subsection (c) in line 82 after the words "record of health and safety" the following new words: -- or environmental.
SECTION 50 M. Section 59 of chapter 91 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 8 by striking the words "one thousand dollars" and replacing them with the words: -- twenty-five thousand dollars for each day such violation occurs or continues.
SECTION 50 N. Section 23 of chapter 130 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 9 by striking the words " fish, fishspawn or seed therein" and replacing them with the words: -- marine fisheries resources and or habitat therein.
SECTION 50 O. Section 23 of chapter 130 of the General laws, as appearing in the 2000 Official Edition, is hereby amended in line 13 by striking the words "one hundred and fifty" and replacing them with the following new words: -- five thousand.
SECTION 50 P. Section 23 of chapter 130 of the General laws, as appearing in the 2000 Official Edition, is hereby further amended in line 14 by striking the words "five
thousand" and replacing them with the following new words: -- twenty-five thousand.

Floor Number: 456 Clerk Number: 81
WETLAND MITIGATION BANKING

Mr. Morrissey moves to amend the bill by inserting, after Section 139, the following new Section:-
"SECTION 139A. The Department of Environmental Protection is authorized and directed to actively engage in the support and creation of private wetland mitigation banks in the Commonwealth of Massachusetts. In support of thereof, the Department is further directed to produce, within one hundred eighty days of this Amendment, rules and regulations encouraging the use of wetland mitigation banks where unavoidable losses of wetlands occasion the need for environmentally sound mitigation. The Department is encouraged to approve operational wetland mitigation banks for demonstrating purposes in the interim and nothing in this Amendment shall preclude the approval and use of a wetland mitigation bank prior to the promulgation of these rules and regulations."

Floor Number: 457 Clerk Number: 89
QUABBIN WATERSHED PROTECTION

Mr. Brewer moves to amend the bill by inserting, after Section _____, the following new Section:-
"SECTION ___. Section 1. Section 114 of Chapter 92 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the second sentence the following:- The commissioner is directed to notify the committee of any proposed changes to use or access fees, regulations, visitor's center operations, or historical records maintenance and storage. Any such changes shall be subject to a vote of the committee members, with a majority vote necessary for implementation, notwithstanding any other provisions.
Section 2. Notwithstanding any general or special law to the contrary, all use and access fees at the Quabbin Reservoir shall be prohibited from increase until July 1, 2007.
Section 3. Section 5G of Chapter 59 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 62, after the words "fiscal year." The following:- Payments made by said Authority to the division of watershed management due to the provisions of this section shall increase by two percent each fiscal year, beginning with the fiscal year that begins on July 1, 2003 and ending with the fiscal year that begins on July 1, 2007. Payments made by said Authority pursuant to the provisions of this section for the year when a city of town shall have made a general revaluation of its real property for purposes of taxation shall increase by not less than two percent in addition to any increase resulting from said revaluation.
Section 4. Section 23 (a) of chapter 372 of the acts of 1984 is hereby amended by striking out the words "one person who represents the interests of persons and communities in the Quabbin and Ware watershed area" and inserting in place thereof the following words:- two persons representing the interests of persons and communities in the Quabbin and Ware watershed areas.
Section 5. The first sentence of section 3 (b) of chapter 372 of the acts of 1984 is hereby amended by striking out the word "eleven" and inserting in place thereof the following word:- twelve.
Section 6. The second sentence of section 3 (b) of chapter 372 of the acts of 1984 is hereby amended by inserting after the word "officio" and before the words "one member" the following words:- One member of the board of directors who is a resident of a Quabbin watershed community who represents the interests of area sportsmen shall be appointed by the governor and shall serve coterminous with the Governor.
Section 7. The fifth sentence of section 3 (b) of Chapter 372 of the Acts of 1984 is hereby amended by inserting after the word "paragraph" the following words:- a Quabbin watershed community shall include any city or town lying in whole or in part in the drainage area of the Quabbin reservoir."

Floor Number: 458 Clerk Number: 114
SNOW REMOVAL CHEMICALS

Mr. Lees moves to amend the bill by adding at the end thereof the following new section:
"SECTION _____. Section 7A of chapter 85 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 7 by inserting after the words "established river" the following:-
", coastal water,"
and moves to further amend said section by inserting after the words "or estuary" the following:-
"having an annual average, depth-averaged salinity of less than ten parts per thousand"

Floor Number: 459 Clerk Number: 170
TREMONT YARD BUILDING

Mr. Panagiotakos moves to amend the bill by inserting at the end thereof the following new Section:-
"SECTION___. Notwithstanding the provisions of section 40E through 40J of chapter 7 or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, acting in consultation with the commissioner of the department of conservation and recreation and the city manager of the city of Lowell, is authorized to lease for an initial term of twenty-five years with an option for one or more ten year renewals to any person, corporation or organization the real property under the care, custody and control of the department of the department of conservation and recreation located at 257 Father Morissette Boulevard, Lowell, MA and known as the "Tremont Yard Building" under such terms and conditions as may be imposed by said commissioner of the division of capital asset management acting in consultation with the commissioner of the department of conservation and recreation and the city manager of the city of Lowell. Said lease shall require that any improvements or development be in accordance with the rules and regulations of the Massachusetts Historical Commission and the Lowell National Historic Board, provide a substantial public benefit, and that the lessee shall be required to preserve the historic canal water power system features located within the property, provide an interpretive display and make available to the general public such historic features at such times and under such reasonable and appropriate terms and conditions as may be imposed by the commissioner of the division of capital asset management and maintenance acting in consultation with the commissioner of the department of conservation and recreation and the city manager of the city of Lowell.

Floor Number: 460 Clerk Number: 171
RECONSTRUCTION OF PUBLIC POOLS

Ms. Fargo moves to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. Notwithstanding any general or special law, administrative bulletin or code of Massachusetts regulation to the contrary, the Metropolitan District Commission or any succeeding agency that will administer the Connors Memorial swimming pool in the city of Waltham, is hereby authorized and directed to and shall undertake the design and reconstruction of said pool. Said project shall be completed under the supervision of the engineering and construction division of the commission or any succeeding agency.

Floor Number: 461 Clerk Number: 247
HART - DETERMINATION OF APPLICABILITY.

Mr. Hart moves to amend the bill by inserting, after Section ________, the following new Section:
SECTION ____. Notwithstanding any law or regulation to the contrary, that the term defined in that certain Determination of Applicability issued by the Department of environmental protection dated as of February 11, 1999 and referred to as WRP File No. JD 98-6009, issued pursuant to Title 310, Section 9 of the Code of Massachusetts Regulations, shall be extended, and that such activities allowed thereunder shall continue to be permitted, until a date eighteen months following the filing of a certificate by the City of Boston, acting by and through the Boston redevelopment authority, to the Clerk of the City of Boston, with a copy to the Department, declaring that said authority has identified a water-dependent user for the area of land defined in said determination. The foregoing shall serve as a declaration of variance allowing the continuation of the activities described in the determination defined in the preceding sentence, for such period of time as defined by this act.

Floor Number: 462 Clerk Number: 331
CONSERVATION PERFORMANCE STANDARDS

Ms. Resor moves to amend the bill by inserting, after Section 530, the following new Section:-
"SECTION 530A. The secretary of environmental affairs shall coordinate the delivery of services of the departments and divisions under his or her control to ensure the protection of the air, water, land, and other natural resources of the commonwealth and to provide support for the acquisition, management, utilization, and conservation of habitat for native flora and fauna. The secretary shall continue to assure the health and viability of the commonwealth's biodiversity for future generations. To effectuate the aforementioned policies, the secretary shall ensure the following: (1) Provide assistance to the departments and divisions under his or her control, including the administration of funds to cities and towns, for the acquisition of interests in land for conservation purposes; (2) Develop partnerships with private, non-profit and other entities that will augment the commonwealth's stewardship and acquisition of such lands; (3) Monitor and enforce all conservation restrictions held by the commonwealth; (4) Enforce all laws and regulations promulgated for the protection of watersheds, lakes, ponds, rivers, streams, coastal and inland wetlands; (5) Develop natural resource management plans for all state forests, parks, reservation, and wildlife management areas; (6) Ensure that sustainable forestry management practices are employed on all state-owned lands, and that such practices are coordinated with private forest land management practices to achieve landscape-scale goals; (7) Promote the sustainable economic development of the private agricultural and forestry resources of the commonwealth; (8) Promote research and monitoring to establish ecological benchmarks for assessing the health and viability of the commonwealth's biodiversity."

Floor Number: 463 Clerk Number: 346
RESTORATION OF LAND STAMP PROGRAM

Ms. Resor, Mr. Brewer, Mr. Nuciforo move to amend the bill by inserting, after Section 394, the following new Section:-
"SECTION 394A. Section 2A of said chapter 131 is hereby amended by striking out the second paragraph and inserting in place thereof the following:-
Said account shall be used only for the purchase of land containing wildlife habitat and for costs directly related to the administration of the wildlands stamp program. The director, subject to the approval of the fisheries and wildlife board, may annually expend not more than two million dollars, such expenditures from the wildlands acquisition account shall not be subject to appropriation."

Floor Number: 464 Clerk Number: 364
WATER AND SEWER COMMISSIONS

Mr. McGee moves to amend the bill by inserting after Section __ the following new Section: -

Massachusetts General Law, Chapter 21A, Section 18, as appearing in the 2000 Official Edition is hereby amended by striking out the definition of "Person" in lines 17 through 23 and inserting in place thereof the following new definition: -

"Person", any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, including the commonwealth and the federal government and any agency or authority thereof, but not including any city, town, county, or district of the commonwealth or any municipal housing authority, or water and sewer commission serving a city or town, or any tribal housing authority of a federally recognized Indian tribe when constructing housing.

Floor Number: 465 Clerk Number: 501
METROPOLITAN PARKS TRUST FUND

Ms. Walsh moves to amend the bill by inserting, after Section _____ , the following new section: -
SECTION ____ . Section 34 of chapter 92 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the section in its entirety, and inserting in place thereof the following:

The commissioner of the department of conservation and recreation, hereinafter referred to in this chapter as the commissioner, may receive and hold in trust on behalf of the commonwealth, exempt from taxation, bequests, restitutions or gifts to be used for the purpose of advancing the recreational and conservation interests of the commonwealth and shall administer the same in such manner as to carry out the terms of such bequests, restitutions or gifts, and he may accept on behalf of the commonwealth gifts of land within the metropolitan park district to be held and managed for recreational and conservation purposes.

Said trust properties shall be known as the Metropolitan Parks Trust Fund and shall be used and expended under the direction of the commissioner and subject to his orders. Subject to the term of such grant, restitution, gift, devise or bequest, the commissioner may expend such funds, whether principal or income, without further appropriation.

Floor Number: 466 Clerk Number: 542
LEASING OF STATE-OWNED SKATING RINKS

Mr. Nuciforo moves to amend the bill by adding at the end thereof the following new Section:-
SECTION . Notwithstanding sections 40E to 40K, inclusive, and section 54 of Chapter 7 of the General Laws, the division of capital asset management and maintenance, on behalf of, and in consultation with, the department of conservation and recreation, may, utilizing such competitive proposal process as the commissioner of said division deems necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years, to 1 or more proponents, for 1 or more skating rinks so as to provide for the continued use, operation, maintenance, repair and improvement of all of the following state-owned buildings and facilities together with the land and appurtenances associated therewith: Steriti Memorial Rink, Boston; Daly Memorial Rink, Brighton; Simoni Memorial Rink, Cambridge; Emmons Horrigan O'Neill Rink, Charlestown; Veterans Memorial Rink, Somerville; Veterans Memorial Rink, Waltham; Porazzo Memorial Rink, East Boston; Allied Veterans Memorial Rink, Everett; Connery Memorial Rink, Lynn; LoConte Memorial Rink, Medford; Flynn Memorial Rink, Medford; Cronin Memorial Rink, Revere; Devine Memorial Rink, Dorchester; Shea Memorial Rink, Quincy; Murphy Memorial Rink, South Boston, Connell Memorial Rink, Weymouth; Reilly Memorial Rink, Brighton; Bajko Memorial Rink, Hyde Park; Kelly Outdoor Skating Rink, Jamaica Plain; Ulin Memorial Rink, Milton; Bryan Memorial Rink, West Roxbury. Such leases and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of environmental management and, notwithstanding any general or special law to the contrary, shall provide for the lessees to manage, operate, improve, repair and maintain the properties. Any lease or other arrangement requiring improvements to be made to any buildings may include a description of the initially required improvements and, at a minimum, performance specifications. Ice time at department of environmental management owned skating rinks shall be allocated to user groups in the following priority order: general public skating; youth groups; high school hockey; and adult organizations or informal groups. Ice time may be allocated at the discretion of the lessees with the following restrictions: general public skating shall be booked at a minimum of 16 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender. Leases and other agreements shall provide that any benefits to the communities and the costs of improvements and repairs made to the properties provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for the leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of environmental management for deposit into the Second Century Fund, established in section 2EE of chapter 29 of the General Laws. The recipients of the properties shall bear all costs deemed necessary or appropriate by the commissioner of capital asset management and maintenance for the transactions, including without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

Floor Number: 467 Clerk Number: 565
RELATED TO ENVIRONMENTAL ENDANGERMENT

Mr. Baddour, Ms. Murray and Mr. Pacheco move to amend the bill by inserting, after Section ___, the following new Section:-
"SECTION ___. The General Laws of Massachusetts is hereby amended by inserting the following Chapter 21K. This Chapter will have the title "The Environmental Endangerment Act."
SECTION 2. As used in the chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Environmental violation", a violation of the following statutes or regulations promulgated thereunder: sections twenty-six through fifty-three, inclusive, of chapter twenty-one; chapter twenty-one C, chapter twenty-one E; sections one hundred and forty-two A, one hundred and forty-two B, and one hundred and fifty A, of chapter one hundred and eleven; and section forty of chapter one hundred and thirty-one.
"Natural resources", Land, fish, wildlife, biota, air, water, ground water and drinking water supplies belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the Commonwealth, or any local government.
"Organization", a person other than an individual.
"Person", any individual, public or private corporation or authority, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of such person, and any group of persons.
"Serious bodily injury", Bodily injury which creates a substantial risk of death, or which involves unconsciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty, reproductive or genetic damage, or substantially increased risk of cancer or other chronic ailment.
SECTION 3. (a) Any person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being: (1) shall be punished by a fine of not more than one hundred thousand dollars, or by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment, in the case of an individual; and (2) in the case of an organization, shall be punished by a fine of not more than five hundred thousand dollars for a first offense under this chapter, and by a fine of not more than two million dollars for any second or subsequent offense under this chapter.
(b) Any person who knowingly or recklessly commits an environmental violation and thereby causes a substantial risk of damage to natural resources, or to the property of another person, in an amount exceeding twenty-five thousand dollars: (1) shall be punished by a fine of not more than one hundred thousand dollars, or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or both such fine and imprisonment, in the case of an individual; and (2) in the case of an organization, shall be punished by a fine of not more than two hundred and fifty thousand dollars for a first offense under this chapter, and by a fine of not more than five hundred thousand dollars for any second or subsequent offense under this chapter.
SCTION 4. (a) The court (1) shall, when sentencing an organization for an offense under section 3(a)(2) of this chapter, or for a second or subsequent offense under section 3(b)(2) of this chapter, and (2) may, when sentencing an organization for a first offense under section 3(b)(2) of this chapter, place the organization on probation and require as a condition of that probation that the organization pay for an environmental audit.
(b) The Court shall appoint an independent expert with no prior involvement in the environmental management of the organization sentenced to conduct an environmental audit under this section. The prosecution and the defense may each submit a reasonable number of names of suggested experts. The court shall consider any such submissions in making an appointment under this subsection.
(c) The environmental audit shall: (1) identify all causes of, and any factors that contributed to, the conduct that is the basis for the conviction, and recommend specific measures to prevent a recurrence of such causes or factors; and (2) recommend a schedule for implementation of the recommendations under paragraph (1) of this subsection.
(d) The court shall order the defendant to implement each recommendation of the audit unless the court finds by clear and convincing evidence that: (1) the recommendation will not achieve the result the recommendation seeks to bring about; (2) the adverse environmental effects of implementing the recommendation outweigh the environmental benefits of the recommendation; (3) the technology does not exist to carry out the recommendation; or (4) there are alternative means to achieve the equivalent result at significantly less cost to the defendant. Any such alternative means shall be incorporated into the audit in place of the relevant recommendation, and the court shall order the defendant to implement the audit as modified.
(e) The court may impose for an offense under this chapter a term of probation that is longer than the term otherwise permitted by law, if the court determines that the longer term is necessary to implement the environmental audit.
(f) The prosecutor, the auditor appointed under subsection 2(b) of this section, or any governmental agency may suggest to the court that a failure to implement the audit has taken place. Whenever the alleged failure to implement an environmental audit is properly before the court, unless the defendant demonstrates that the failure did not take place, the court shall order appropriate sanctions.
(g) In addition to any other sanctions the court may impose for failure to implement an environmental audit, the court may (1) hold any appropriate person in contempt; or (2) appoint a special master to conduct such affairs of the defendant as are necessary and relevant to implementation of the audit.

Floor Number: 468 Clerk Number: 14
ENHANCE THE STATE DNA DATABASE.

Ms. Jacques, Ms. Melconian, Ms. Fargo Messrs. Baddour, Knapik, Chandler, Brewer, Barrios, Joyce and Moore move to amend the bill by inserting, after Section___, the following new Sections:-

SECTION ___. Section 3 of Chapter 22E of the General Laws, as appearing in the 2000 Official Edition, is hereby deleted and replaced with the following:-

Section 3. (a) Any person who is convicted of an offense that is punishable by one year or more in state prison and any youthful offender and any delinquent child who commits an offense that would carry the same penalty and be considered a felony if committed by an adult shall submit a DNA sample which shall be collected by a person authorized pursuant to section 4, to the department within 90 days of such conviction, in accordance with regulations or procedures established by the director. The results of such sample shall become part of the state DNA database. The submission of such DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post conviction motion or petition.

(b) Any person convicted of any offense listed in section (a) of this act who is incarcerated in any prison, house of correction or department of youth services facility on the effective date of this act, notwithstanding the date of such conviction, and who has not previously submitted a DNA sample to the department under Chapter 22E shall submit a DNA sample to the department within 90 days of the effective date of this act or prior to release from custody, whichever first occurs. Any person currently on probation or parole as the result of a conviction or judicial determination resulting from a charge of any of the above listed offenses, notwithstanding the date of such conviction or judicial determination, who has not previously submitted a DNA sample to the department under Chapter 22E, shall submit a DNA sample to the department within 90 days of the effective date of this act.

SECTION ___. Section ___ shall take effect on July 1, 2004, provided that DNA samples may be collected from any person that will be newly required to submit DNA samples under the provisions of Section ___ upon passage of this act.

Floor Number: 469 Clerk Number: 96
CORI REPORTS

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague move to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. Chapter 6 of the General Laws is hereby amended by inserting after Section 172F the following new section:-
Section 172G. Notwithstanding any provision of section one hundred seventy two of this chapter, the district attorney or his designee shall have the authority to share with the superintendent of any school district or his designee or headmaster of any school or his designee criminal offender record information of adjudications of youth for a violent or sexual offense, limited to specific firearm offenses and felonies involving the infliction or threat of serious bodily harm pursuant to the definition of youthful offender set forth in Chapter 119 Section 52. Upon receipt of notification by the District Attorney, the principal must provide written notice of and convene within seven calendar days a meeting of the youth, the youth's caretakers, an advocate of the family's choice, an interpreter where necessary, and relevant school personnel who will meet to determine that the youth is in the proper school setting or to locate alternative educational services for the youth. The student shall have the right to appeal the placement to the superintendent. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the meeting. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the student's placement. For the purposes of this section "alternative educational services" shall consist of a full time, age appropriate education that is the equivalent of the instruction in a regular classroom. Subject to the provisions of chapter 71 Section 37H or 37 H ½ and any other state or federal law, this information shall not be used to suspend, expel or deny future enrollment to a student. This information shall not be disseminated for any purpose to non-school officials other than as set forth herein and shall in no way impinge on state and federal privacy or special education protections guaranteed students. Any dissemination or misuse of this information for purposes not described in this section shall be subject to a fine of $1000.
SECTION 2. Section 37H ½ of chapter 71 of the 2000 Official Edition of the General Laws is hereby amended by inserting in line 3 after the word "student," the following:-
"the clerk's office shall notify the superintendent and principal of any city, town, or regional school district in which the student is enrolled, or for the city or town in which the student resides, of the existence and nature of the complaint"
SECTION 3. Section 37H ½ of chapter 71 of the 2000 Official Edition of the General Laws is hereby amended by striking the second paragraph of part (1) and inserting the following:-
The student shall have the right to appeal the suspension to the superintendent and if the principal or headmaster of a school in which the student is enrolled does not suspend the student, said principal or headmaster shall notify the superintendent of his decision and the superintendent shall have the right to suspend the student if the superintendent determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the suspension and the superintendent shall notify the student in writing of his intention to review the principle or head master's decision no later than five calendar days following the principal or headmaster's decision. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student's request for an appeal or superintendent's notification of his decision to review the headmaster's decision. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.
SECTION 4. Section 37H ½ of chapter 71 of the 2000 Official Edition of the General Laws is hereby amended by inserting in line 32 after the word "delinquency," the following:-
"the clerk's office shall notify the superintendent and principal of any city, town, or regional school district in which the student is enrolled, or for the city or town in which the student resides, of the existence and nature of the conviction, adjudication or admission"
SECTION 5. Section 37H ½ of chapter 71 of the 2000 Official Edition of the General Laws is hereby amended by striking the second paragraph of part (2) and inserting the following:-
The student shall have the right to appeal the suspension to the superintendent and if the principal or headmaster of a school in which the student is enrolled does not expel the student, said principal or headmaster shall notify the superintendent of his decision and the superintendent shall have the right to expel the student if the superintendent determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the expulsion and the superintendent shall notify the student in writing of his intention to review the principle or head master's decision no later than five calendar days following the principal or headmaster's decision. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student's request for an appeal or superintendent's notification of his decision to review the headmaster's decision. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.
SECTION 6. Section 37L of chapter 71 of the General Laws is hereby amended by inserting at the end the following new paragraph:-
Notwithstanding any provision of sections 168 to 175, inclusive of chapter 6 of the General Laws, or any other general or special law to the contrary, the superintendent of any public school district or private school within the commonwealth from which a student is transferred or transfers, shall within 2 days school days of the request of the superintendent of any school district or headmaster of any school within the commonwealth or any out-of state school district to which a student is transferred or transfers, provide the following: a complete school record of the student, including but not limited to any documents or information related to the student's school disciplinary history, school suspensions, expulsion or any incidents reports in which the student was charged with any violation of school disciplinary policies or criminal acts, any violation of criminal laws or any information obtained pursuant to section 172G of chapter 6 of the general laws. If the superintendent of any school district or headmaster of any school receives criminal information of the type described in section 172G of chapter 6 the superintendent or headmaster may convene a meeting pursuant to the provisions of section 172G of chapter 6. Any dissemination or misuse of this information for purposes not described in this section shall be subject to a fine of $1000.
SECTION 7. Chapter 71 of the General Laws is hereby amended by inserting after Section 89 the following new section:-
Local law enforcement officials may share any information with a superintendent or his designee when a local law enforcement official is aware of specific information regarding a student or students that would lead a reasonable person to believe there is a substantial risk of serious physical injury to a student, teacher or other employee of the school. The disclosure of such information in no way imposes an obligation on the school to suspend, expel or request the arrest of the youth in question.
All such comments must be entered into a log maintained by the school, which will note the name of the reporting officer, the name of the youth(s), and the date and time of the report, and the details of the consequences of the use of the information. A parent or guardian of a student that is named in this log shall be able to view the log entry for his child and update this entry with any new information, relevant to the specific information entered in the log. This log shall be confidential with viewing access limited to the student, his parent, his advocate, the principal and the superintendent. Any other dissemination of the information in this log shall be punishable by a fine of $1000. Nothing in this paragraph shall bar dissemination of information to an individual at risk as described in the first paragraph of this section."

Floor Number: 470 Redraft Clerk Number: 140
NEWBURYPORT ARMORY

Mr. Baddour moves to amend the bill by inserting, after Section ___, the following new Section: -
"SECTION ___. "Item 8700-7997 of section 2 of chapter 289 of the acts of 1998 is hereby amended by striking out the words "…on the Newburyport Armory site." and inserting in place thereof the following wording:
- "in the City of Newburyport."

Floor Number: 471 Clerk Number: 271
CORI REQUIREMENTS BY CAMP OPERATORS

Messrs. Nuciforo, O'Leary and Knapik move to amend the bill by inserting, after Section 12, the following new Section:-
"SECTION 12A. Chapter 6 of the General Laws as amended by Chapter 385 of the Acts of 2003, is hereby amended by striking section 172G and inserting the following new section:-
Section 172G. Notwithstanding section 172, section 60 or 60A of chapter 119, or any other general or special law to the contrary, operators of camps for children shall obtain all available criminal offender record information and juvenile data as found in the court activity record information from the criminal history systems board of all employees prior to employment; and of all volunteers prior to volunteer service who may have direct and unmonitored contact with children. During the operational season of a camp for children, the criminal offender record information board shall process criminal offender record information within 3 days of receiving said request. If after 3 business days, criminal offender record information has not been received, camps for children may hire employees who shall be prohibited from unsupervised contact with children until the criminal offender record information results are received. Foreign workers employed under the United State department of state's J-1 visa program as defined in 22 CFR 62 shall be excluded from the provisions of this section, provided that camps for children obtain criminal records for said foreign workers in their country of residence and obtain all available criminal offender record information and juvenile data as found in the court activity record information from the criminal history systems if they have been employed or ever resided in the United States. The department of public health shall promulgate regulations for the operators of camps for children that establish employment and volunteer ineligibility criteria based on criminal offender record information. Said regulations shall conform to 102 CMR 14.16. Information obtained under this section shall not be disseminated for any purpose other than to further the protection of children."

Floor Number: 472 Clerk Number: 349
SAUGUS COMMUNITY POLICING

Mr. McGee moves to amend the bill by adding, at the end thereof, the following new Section: -

SECTION ___ Section 2 of chapter 184 of 2003 is hereby amended in line item 8000-0010, in line 217, by striking the words "of the award to Saugus"

Floor Number: 473 Clerk Number: 410
GRIDLOCK

Mr. Tolman moves to amend the bill by inserting, after Section 610, the following new Section:-

"SECTION 611. Section 9 of Chapter 89 of the General Laws shall be amended in the last sentence by striking the words 'fifty dollars' and inserting in place thereof 'two hundred dollars.'"

Floor Number: 474 Clerk Number: 584
POLICE CAREER INCENTIVE PROGRAM (BY REQUEST)

Mr. Barrios moves to amend the bill in Section 108 L of chapter 41 of the General Laws, as appearing in the 2000 Official Edition, by inserting at the end thereof the following: -
"Notwithstanding any general or special law or regulation to the contrary, the Board of Higher Education shall receive annually to expend for the ongoing administration of the police career incentive pay program, an amount equal to one quarter of one percent of the amounts appropriated annually for reimbursement to the cities and towns of the Commonwealth and to the state police for the Commonwealth costs of payment to the cities, towns and state police under the police career incentive program."

Floor Number: 475 Clerk Number: 455
SHERIFF'S DEPARTMENTS

Mr. Lees moves to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. An employee of the sheriff's department of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, or Worcester who is an active member in service shall be entitled to the same early retirement incentive benefits as provided in chapter 116 of the acts of 2002 if the employee files a written application with the retirement system not later than 30 days after the effective date of this act.
SECTION _____. Notwithstanding any general or special law to the contrary, a sheriff of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, or Worcester may fill a vacancy caused by early retirement under this act to the extent of not more than 80 per cent of the positions vacated if the position to be filled is essential and critical to the operations of the department.
SECTION _____. Acceptance of this act is at the discretion of each individual sheriff."

Floor Number: 476 Clerk Number: 40
WITHDRAWN

Floor Number: 477 Clerk Number: 101
GIC COVERAGE FOR HEARING AIDS

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Chapter 32A of the General Laws is hereby amended by inserting after section 17G, as inserted by section 1 of chapter 81 of the acts of 2000, the following section:-
Section 17H. (a) For purposes of this section, the following words shall have the following meanings:
"Hard of hearing", hard of hearing as defined in section 191 of chapter 6 of the General Laws. "Hearing instrument specialist", a hearing instrument specialist as defined in section 196 of chapter 112 of the General Laws.
"Hearing aid", a hearing aid as defined in section 196 of chapter 112 of the General Laws.
"Out-of-network provider", a health care provider that does not have a contract with the insurer.
(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for two hearing aids every three years, unless an employee voluntarily obtains such hearing aids from an out-of-network health care provider, if any. Hearing aid coverage pursuant to this section shall not exceed an amount of $2,000 for each three-year period.
(c) Nothing in this section shall prohibit the commission from offering greater coverage for hearing aids than that required by this section.
(d) Pursuant to sections 191 to 199, inclusive, of chapter 6 of the General Laws, the Massachusetts Commission for the Deaf and Hard of Hearing shall consult with the Commissioner of Insurance to ensure that sections 1 to 6 of this act are enforced."

Floor Number: 478 Clerk Number: 405
BROOKWOOD FARM GOVERNORS RESIDENCE

Mr. Joyce moves to amend the bill, by inserting, after Section ___, the following new section:-

"SECTION ____. There shall be a special commission comprised of the governor or his designee, the president of the senate or his designee, the speaker of the house of representatives or his designee and the chairs of the boards of selectman in the town of Canton and the town of Milton for the purpose of conducting a study of the feasibility and cost to the commonwealth in converting the state property known as Brookwood farm to a residence for the governor. The special commission shall report to the general court the results of its investigation and study, together with recommendations and drafts of legislation necessary to carry out any recommendations, by filing the report with the clerk of the senate and the clerk of the house of representatives on or before September 15, 2003.

Floor Number: 479 Clerk Number: 471
OFFICE OF GOVERNOR'S CHIEF LEGAL COUNSEL

Mr. Creedon moves to amend the bill by inserting at the end thereof the following section:-
SECTION ___. Chapter 6 of the general laws is amending by inserting after section 6A the following section:-
6B. There is hereby established within the office of the governor an office of the governor's counsel which shall represent and provide legal services to the executive offices and governor as the supreme executive magistrate of the Commonwealth. The governor shall appoint a chief legal counsel who shall serve as counsel to the governor and manage, administer and coordinate all legal functions and affairs of the executive offices and state agencies. Notwithstanding section 31 of chapter 29, and subject to the approval of the governor, the chief legal counsel may assign deputy legal counsels, general counsels, deputy general counsels and assistant counsels to perform legal services based on his determination of the legal needs of the executive offices and state agencies. The chief legal counsel shall be responsible for the exercise of all powers and the performance of all duties assigned by law to the office of the governor's counsel, subject to the approval of the governor, including:
(1) Appoint and remove such deputy legal counsel and personnel as are necessary for the operation of the office of the governor's legal counsel.
(2) Render such legal advice, and such representation prior to initiation of any litigation in court, as are required concerning every matter and issue arising in connection with the exercise of the official powers and duties, and performance thereof, in the operation of each executive office, department, and state agency and, upon request and at the governor's legal counsel's discretion, each independent authority.
(3) Upon request, assist and cooperate fully with the attorney general and the counsel of each independent authority in the performance of their duties.
(4) Upon request of the attorney general and upon designation of the governor's legal counsel, deputy legal counsel, general counsels, deputy general counsels, or assistant counsels as special assistant attorneys general, initiate appropriate proceedings or defend any executive office, department, or state agency in any judicial tribunal, provided that such representation would not create a conflict of interest in the office of the governor's counsel as determined by the governor's chief legal counsel.
(5) Initiate appropriate proceedings or defend any executive office, department, or state agency in any administrative tribunal, provided that such representation would not create a conflict of interest in the office of the governor's counsel as determined by the governor's chief legal counsel.
(6) Upon the request of the governor, prepare requests for opinions of the justices of the supreme judicial court pursuant to Article 85 of the Articles of Amendment of the Constitution of the Commonwealth.
(7) Issue such rules, guidelines, and standards as are necessary to carry out the duties of the office of the governor's counsel provided for in this chapter.
(8) Qualify, procure, retain, and administer services of non-governmental attorneys.
(9) Nothing in this section shall be construed to derogate in any way from the powers and duties of the attorney general.

Floor Number: 480 Clerk Number: 187
PHARMACY USER FEE REPEAL

Messrs. Hedlund, Tarr, Knapik, Lees, and Tisei move to amend the bill by adding at the end thereof the following section:-
"SECTION____. Section 26 of chapter 118G of the General Laws is hereby repealed.".

Floor Number: 481 Clerk Number: 315
AN AMENDMENT IMPROVE EFFICIENCY AT HOSPITALS

Mr. Tarr, Mr. Tisei, Mr. Knapik, Mr. Joyce and Mr. Hedlund move to amend the bill (Senate bill 2004) by adding the following new section: -
SECTION___. The Commissioner of the Division of Insurance is hereby authorized and directed in consultation with the Commissioner of the Department of Public Health, the Secretary of Health and Human Services, the Commissioner of the Department of Medical Security, the Commissioner of the Department of Consumer Affairs and Business Regulation and the Secretary of Administration and Finance, to develop a system of uniform and standardized billing and payment to be utilized by every medical provider, hospital, insurer, health maintenance organization and any other entity making payment of any type for health care goods or services of any type in the Commonwealth.
(1) Not later than sixty days following the passage of this act, said commissioner shall convene a planning group to assist in the development of said uniform payment system, hereinafter referred to as "UPS." Said planning group shall be comprised of those individuals listed in Section 1 of this Act or their designee, together with the following: Three representatives of the Massachusetts Hospital Association, one of which shall represent a community hospital, one representative of a Health Maintenance Organization doing business in the Commonwealth, one of which shall represent a commercial insurer doing business in the Commonwealth, one representative of the Commonwealth's insurer of last resort, one representative of a preferred provider organization doing business in the Commonwealth, one representative of the Massachusetts Nurses Association, three representatives of the Massachusetts Medical Society, three members of the Senate, at least one of whom shall represent the minority party, and three members of the House of Representatives, at least one of whom shall represent the minority party. Said planning group shall, in the discretion of the Commissioner, assist in the development and implementation of a UPS having the characteristics prescribed by Subsection 2 of this section.
(2) The UPS developed pursuant to this act shall employ a single, standardized format for the making and payment of claims between any provider and any payer of health care goods and services rendered to any citizen of the commonwealth. Said system shall include, but not be limited to, a universal format for the identification by code of particular conditions, treatments and goods, which format shall be maintained by any entity, including Medicaid, which delivers a contract for the payment of health care costs in the commonwealth. Said format shall be designed so as to be usable in electronic or printed media, shall be simplified and straightforward, shall be expendable to cover future health care developments, shall be modifiable to adapt to any changing circumstances, shall facilitate the timely making, processing, and payment of claims, and shall be commercially practicable.
(3) Said UPS shall provide for the prompt notification of a claimant by a payer that a claim has been received, and that the information necessary to process the claim is either complete or incomplete.
(a) In the event that the claim is incomplete, then such notification shall include any and all remaining information necessary to the payment of the claim. Such information shall, in turn, be provided on a supplementary claim form which shall bear its date of submission, which shall not be later than thirty days after the original notification of the receipt of the claim. Payment shall be issued by the payer not later than forty-five days following the receipt of the supplementary claim form.
(b) In the event that all claim information is complete, then payment shall be issued within forty-five days.
(c) The planning group prescribed in subsection (1) shall be authorized to develop the specific details of this notification process, including any appeals and further allowances for defective claim information.
(4) Said UPS shall be developed in a state suitable for implementation and reported to the Clerks of the House and Senate and to the Governor of the Commonwealth not later than eighteen months following the passage of this act. Following said reporting, the General Court shall have ninety days to make recommendations to the Commissioner, or take legislative action to delay implementation of said UPS.
(5) Not later than twenty-four months following the passage of this act, the Commissioner shall implement the UPS developed pursuant to the provisions herein, unless otherwise directed by the General Court.
(6) The Commission shall maintain the planning group prescribed by subsection 1 for the purposes of monitoring the implementation of the UPS developed herein making recommendations to the commissioner for any necessary changes to enhance or maintain the effectiveness of the UPS, and to assist in the issuance of reports relative to the UPS prescribed by subsection 6 of this section.
(7) The Commissioner shall, for the three year period commencing upon the implementation of the UPS, issue quarterly reports relative to the operating effectiveness of the UPS, which shall include, but not be limited to:
1. The costs of implementation and operation of the system, both to the private and public sectors.
2. Problems or difficulties encountered in implementing or operating the system.
3. Public comment received relative to the system, either in actual or summary format.
4. Average time periods for the making and payment of claims under the UPS.
5. Any legislative recommendations.
Said reports shall be delivered to the Clerks of the House and Senate and the Governor of the Commonwealth.
(8) Any insurer licensed by the Division of Insurance, or any health care provider practicing in the Commonwealth may, in a written form approved and promulgated by the Commissioner, petition for a change in the UPS, which shall be considered in a timely fashion by the Commissioner.
Said Commissioner shall conduct a public hearing to receive public comment, in person and in writing, within ninety days of receiving said petition, and shall issue a ruling on the proposed change within thirty days of the conclusion of said hearing. The Commissioner may, within his or her discretion, consolidate said hearings for the purpose of promoting efficiency. Any changes so approved shall be implemented in the next semi-annual modification period following the ruling.
The Commissioner shall establish two semi-annual modification dates whereby any changes to the UPS shall be implemented. The Commissioner is hereby authorized to develop regulations pursuant to this act to ensure that adequate notice is given of any such changes, and that prompt compliance is accomplished with regard to such changes.

Floor Number: 482 Clerk Number: 477
REGARDING THE POWERS AND DUTIES OF THE COMMONWEALTH'S CHIEF INFORMATION TECHNOLOGY OFFICER AND THE CREATION OF AN ADVISORY BOARD TO THE INFORMATION TECHNOLOGY DIVISION

Mr. Magnani moves to amend the bill by adding at the end thereof the following new section:

SECTION .

Section 4A of Chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking subsection (d) and inserting in place thereof the following:

(d) The information technology division shall be headed by the chief information officer who shall also serve as assistant secretary for information technology. He shall be appointed by the secretary with the approval of the governor and may be removed in like manner. The chief information officer shall carry out such functions as the secretary may from time to time deem necessary for the administration of information technology systems within the executive department. The chief information officer shall be responsible for the efficient and economical administration of information technology systems within the executive department, including, but not limited to, setting information technology standards and policy, reviewing and approving the planning, design, acquisition and operation of information technology systems, assessing the performance of such systems and operations, managing central information technology systems, operations and infrastructure, managing the commonwealth's mailing operations and developing a strategic plan for the use of information technology.
For purposes of this section, the term "infrastructure" shall include, without limitation, all data center, security, network, desktop and website portal services, website and application hosting, and shared services, including without limitation those facilitating user authentication and authorization and the use of electronic payments. The term "infrastructure" shall not include the management of agency-specific software applications.

(1) The chief information officer shall periodically review the executive department's information technology assets, including, but not limited to, hardware, software, networks, websites, and telecommunications; track information technology needs; and integrate and coordinate the planning and budgeting of the executive department's information technology facilities in relation to its programmatic needs. He shall be responsible for the following with respect to the executive department: (i) allocation and disposition of its information technology assets; (ii) supervision and control of the planning, design, construction, removal, installation, repair and maintenance of information technology facilities and projects; (iii) information technology related business continuity planning; and (iv) approval of budgets for agency level information technology expenditures.

(A) The chief information officer may, in furtherance of the function of his office, accept and receive funds, grants and services from the federal government or its agencies, and from departments, agencies and instrumentalities of state and local government or from private individuals, trusts and estates.
(B) The information technology division shall be the central provider of all information technology infrastructure for the executive department, except where an agency's use of such infrastructure would be inconsistent with federal law. The secretary may charge agency appropriations for the cost of services centrally provided by the information technology division. The division may also make such information technology infrastructure available for the voluntary use of the general court, the judiciary, other constitutional officers consistent with standards set by the chief information officer.

(2) Information technology employees assigned to specific agencies shall report to a secretariat-level information officer, who shall report to the chief information officer. The chief information officer shall approve any planned information technology development project or purchase by an agency under the authority of the governor or any secretary, before funds may be obligated for such purpose. The chief information officer shall, prior to the procurement of new information technology systems, conduct a review of existing and proposed information technology systems to determine compatibility with other state information technology systems. The chief information officer shall keep a record of the projected cost of making newly procured information technology systems compatible with existing systems. The chief information officer shall report to the chairs of the senate and house committees on ways and means as well as the chairs of the senate and house committees on science and technology on the compatibility of newly acquired or developed systems with the enterprise standards and architecture as adopted by said chief information technology officer and the information technology advisory board.

The chief information officer shall develop and implement a set of standards for the procurement of information technology systems which shall require that: information systems be compatible to the greatest extent possible; such systems be designed to streamline and improve service delivery and reduce duplicative data entry; and provide cross-agency utilization to allow one-portal access to state services.

As to information technology procurements conducted by the operational services division, the chief information officer shall establish appropriate standards and policies for solicitations, and shall review and approve such procurements, in conjunction with the chief procurement officer.

(3) The chief information officer may establish within the division such bureaus, offices and other administrative units as are deemed necessary from time to time by the secretary for purposes of carrying out the functions of the division.

(4)(i). There shall be an information technology advisory board. The advisory board shall consist of ten permanent members including the executive department's chief information officer, the chancellor of the board of higher education, the president of the University of Massachusetts, the chair of the senate committee on science and technology, the chair of the house committee on science and technology, the chief justice of the supreme judicial court, the attorney general, the treasurer, the comptroller, the secretary of the commonwealth, and the state auditor. The advisory board shall also have six temporary members whose representatives shall serve for one year terms, including three representatives from executive department agencies, one representative from a state authority, one representative from the Massachusetts municipal association, and two representatives from the private sector, both of whom shall have expert knowledge in the area of information technology, one of whom one shall represent the interests of business and the other the interests of consumers. Upon the expiration of the term of a temporary member, his successor shall be appointed for a term of one year. The Governor shall appoint all temporary board members from executive department agencies and the private sector and they shall serve at his pleasure.

(ii). The board shall annually by July first of every year draft, recommend and present for signature to the Governor, the speaker of the house of representatives, the president of the senate, the chief justice of the supreme judicial court and the constitutional officers, a memorandum of understanding among and acceptable to the executive department, legislature, judiciary and constitutional offices that shall include information technology standards and a strategic plan for the signatories' acquisition and use of information technology. In addition, the advisory board shall advise the executive department's chief information officer on information technology issues, including the development of an enterprise vision, strategy and direction for the use of information technology in the executive department, the development of policy, strategic planning, and project selection criteria, and information technology architecture, infrastructure, information technology investments and security. The advisory board shall also file annually on July first of every year, a report with the Governor, the speaker of the house, the president of the senate, the constitutional officers, and the chief justice of the supreme judicial court, including its analysis and recommendations during the previous year.

(iii). The information technology advisory board's membership shall meet regularly on a schedule to be determined by its members, but in any case no fewer than four times a calendar year. The members of said board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties.

The information technology division's staff shall provide such assistance as the board may deem necessary.

Floor Number: 483 Clerk Number: 525
ensuring timely access to the services of the information technology division

Mr. Magnani of Framingham moves to amend the bill by adding the following section:
"SECTION _________. Not withstanding any general of special law to the contrary. The information technology division may retain and expend amounts up to an additional 10 per cent of revenues collected pursuant to its intergovernmental service spending authorization after 10-day notification to the secretary of administration and finance, the comptroller, and the house and senate committees on ways and means and subsequent approval by the secretary of administration and finance."

Floor Number: 484 Clerk Number: 527
Regarding the payment of fringe benefit costs by agencies purchasing services from the information technology division

Mr. Magnani of Framingham moves to amend the bill by adding the following section:
"SECTION _________. Notwithstanding any general of special law to the contrary, the expenditure of funds from section 2B item 1790-0200 and the accompanying appropriations from the Intergovernmental Service Fund shall be exempt from fringe and indirect cost charges pursuant to section 5D of chapter 29 of the General Laws.

Floor Number: 485 Clerk Number: 22
Tax Abatement Justice for Old Colony Stationary

Mr. Moore moves to amend the bill by inserting at the end thereof the following new Section:- SECTION ___________.

Notwithstanding the provisions of any general or special law to the contrary, the commissioner of revenue shall accept applications for abatement of tax on behalf Old Colony Stationary Inc. of Whitinsville for the tax years 1994, 1995, 1996 and 1997. Such applications shall be considered timely if filed with said commissioner within 90 days from the effective date of this act. Any abatement paid pursuant to these applications shall not include payment of interest or of any costs related to the filing of the applications.

Floor Number: 486 Clerk Number: 44
RELATIVE TO THE REAL ESTATE TAX EXEMPTION

Messrs. Glodis and Shannon move to amend the bill by inserting after Section 609 the following new section:-

Section ___. Section 5 of Chapter 59 of the Massachusetts General Law is hereby amended by adding the following:

Fifty-fifth. Notwithstanding the provisions of any other general or special law to the contrary, all real estate owned or occupied by a private college, junior college, or university, shall be subject to taxation at the lowest municipal tax rate in which the real estate is located; provided, however, that real estate used exclusively for academic purposes shall, subject to existing filing requirements, be exempt from such taxes.

In no case shall real estate be construed as being used exclusively for academic purposes unless the majority of use of the real estate is used for academic purposes. In no case shall dormitories, student or administrative housing, libraries, gymnasiums, athletic fields, student unions, theaters or cafeterias be exempt from taxation.

Notwithstanding the language of this clause, each municipality, in which an effected educational institution maintains real estate, shall retain the right to enter into payment in lieu of taxes agreement instead of subjecting such real estate to property tax. Every five years a municipality shall reserve the right to revert between property taxation and payment in lieu of taxes agreements.

The Commissioner shall promulgate appropriate regulations to carry forth the intent of this clause.

Floor Number: 487 Clerk Number: 108
WITHDRAWN

Floor Number: 488 Clerk Number: 150
RE-EVALUATION OF SALISBURY BEACH

Mr. Baddour moves to amend the bill by inserting, after Section ___, the following new Section: -
"SECTION ___. Notwithstanding the provisions of section 14 of chapter 58 of the General Laws relative to the time of application for correction of a determination of the value of land made pursuant to section 13 of said chapter 58 or any other general or special law to the contrary, the board of assessors of the Town of Salisbury may within 90 days of the effective date of this act make such written application to the appellate tax board in connection with the June 13, 2002, notice of such determination received by the Town. The appellate tax board shall act on such application in accordance with said section 14 not less than 30 days following the date of such application. This act shall take effect upon its passage. Or take any other relative action thereto."

Floor Number: 489 Clerk Number: 273
JOINT PURCHASING GROUPS

Messrs. Nuciforo and O'Leary move to amend the bill by inserting, after Section 202, the following new Section:-
"SECTION 202B. Section 12 of Chapter 32B of the General Laws as appearing in the 2002 Official Edition is hereby amended by inserting at the end thereof the following paragraph:- Notwithstanding any general or special law to the contrary, governmental units shall be exempt from any obligation to bargain over the decision to change, alter or eliminate any benefit or benefits offered by or through a joint purchase group to eligible employees of a governmental unit. To the extent a governmental unit, which is a member of a joint purchasing group, timely receives a request or requests to bargain over the impact of a change which has been voted upon by a joint purchase group, the governmental unit shall comply with its obligation to bargain over the impact of any such change, though pendency of any such collective bargaining negotiations shall in no way effect or limit a joint purchase group's ability to make said benefit changes, alterations or elimination(s) to benefit plans offered to the eligible employees of each and every governmental unit which participated in the joint purchase group."

Floor Number: 490 Clerk Number: 279
MUNICIPAL TAX COLLECTION

Mr. Nuciforo moves to amend the bill by inserting after Section 580 the following new section:-
"SECTION 580A. Notwithstanding chapter 60 of the General Laws or any other special or general law to the contrary, in any city or town having more than 5,000 inhabitants accepting the provisions of this section, if a property tax remains unpaid after a demand has been made therefore, it shall be lawful for the collector of taxes to levy upon any bank accounts belonging to the assessed owner of such property. The commissioner of the department of revenue shall establish regulations or guidelines for the implementation of this section by any city or town."

Floor Number: 491 Clerk Number: 485
SPECIAL STUDY COMISSION ON THE COORDINATION AND COST OF
TRANSPORTATION FOR STUDENTS WITH DISABILITIES TO OUT-OF-DISTRICT PROGRAM PLACEMENTS

Mr. Knapik, Mr. Lees, Mr. Hedlund, Mr. Tarr, Mr. Tisei, Ms. Sprague and Mr. Joyce moves to amend the bill by inserting, after Section__, the following new Section:-

"SECTION__. There is hereby established a special commission to study and report on methods to reduce the cost of transportation for students with disabilities to out-of-district special education placements. Said commission shall consist of the chairs of the House and Senate Committees on Education, Arts and Humanities, the ranking minority members of the House and Senate Committees on Education, Arts and Humanities,, one representative each from the Operational Services Division of the Division of Purchased Services, the Department of Education, the Massachusetts Association of School Superintendents, the Massachusetts Association for Special Education Administrators, the Massachusetts Organization for Educational Collaboratives, the Massachusetts Association of C766 Approved Private Schools and The School Transportation Association of Massachusetts. The scope of the commission's inquiry shall include, but shall not be limited to: the regulation of reasonable and allowable transportation costs by the Operational Services Division, the use of educational collaboratives to coordinate and/or provide transportation services to students with disabilities to out-of-district programs and the establishment of regulations by the Department of Education to permit the exchange of student information necessary to coordinate transportation routes to out-of-district programs. The commission shall submit its report to the House and Senate Committees on Ways and Means and the Joint Committee on Education, Arts and Humanities not later than December 31, 2003 along with drafts of any legislation."

Floor Number: 492 Clerk Number: 585
RESIDENCY REQUIREMENT FOR LAID OFF FIREFIGHTERS

Mr. Barrios moves to amend the bill by inserting, after section 580, the following section:-
"SECTION 580 A. Notwithstanding any law to the contrary, no laid off fire fighter or fire alarm operator, who becomes employed as a firefighter or fire alarm operator in a department other than the department from which firefighter or fire alarm operator was laid off from, shall be required to reside within the limits of the city or town in which they are employed as a provision for continued employment."

Floor Number: 493 Clerk Number: 9
MASSACHUSETTS WATER RESOURCES AUTHORITY - LOWER INSURANCE PREMIUMS

Ms. Jacques moves to amend the bill by inserting, after Section___, the following new Section:-

SECTION ___. Section 1 of Chapter 258 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the definition of "Public employer" and inserting in place thereof the following definition: -
"Public employer'', the commonwealth and any county, city, town, educational collaborative, or district, including any public health district or joint district or regional health district or regional health board established pursuant to the provisions of section twenty-seven A or twenty-seven B of chapter one hundred and eleven, and any department, office, commission, committee, council, board, division, bureau, institution, agency or authority thereof including the Massachusetts Water Resources Authority and a local water and sewer commission including a municipal gas or electric plant, a municipal lighting plant or cooperative which operates a telecommunications system pursuant to section 47E of chapter 164, department, board and commission, which exercises direction and control over the public employee, but not a private contractor with any such public employer, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Massachusetts Turnpike Authority, or any other independent body politic and corporate. With respect to public employees of a school committee of a city or town, the public employer for the purposes of this chapter shall be deemed to be said respective city or town.

SECTION 2. Section 8(i) of Chapter 372 of the Acts of 1984 is hereby amended by inserting at the end thereof the following: -

The Authority shall be deemed to be a "Public Employer" as defined by and for all purposes of Chapter 258 of the Massachusetts General Laws. Nothing in Chapter 258 of the Massachusetts General Laws shall be construed as abridging or restricting any rights or defenses to civil actions as provided for in Section 6(f) of Chapter 372 of the Acts of 1984.

SECTION 3. This act shall take effect upon passage and shall apply to all claims against the Massachusetts Water Resources Authority that arise on or after passage of this act.

Floor Number: 494 Clerk Number: 13
LAND TRANSFER

Mr. Shannon moves to amend the bill by inserting, after Section 610, the following new Section:
"SECTION__. The commissioner of the division of capital asset management and maintenance is hereby authorized, notwithstanding the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to sell and convey by deed a parcel of state-owned land located at 150 Cross Street in the town of Winchester, formerly under the care and control of the Massachusetts Water Resources Authority, to the town of Winchester."

Floor Number: 495 Clerk Number: 265
HART - MWRA

Mr. Hart moves to amend the bill by inserting, after Section_____, the following new Section:

Section ____. Notwithstanding any special or general law, rule or regulation to the contrary, the Massachusetts Water Resources Authority shall not acquire, build, construct, develop or maintain a combined sewer overflow facility, of any size, using parcels of land in the area referred to as 'Site J' by the MWRA, located north of East First Street and east of Summer Street in the South Boston section of the City of Boston.

Floor Number: 496 Clerk Number: 182
FREEZE ON HOUSING APPEALS COMMITTEE REVIEWS

Messrs. Hedlund and Tarr move to amend the bill by adding at the end thereof the following section:-
"SECTION____. Section 1. Not withstanding any general or specific law to the contrary, the housing appeals committee as established by section 5A of chapter 23 of the General Laws is prohibited from hearing or making any decision on appeals to comprehensive permit applications that have been denied by a municipal board of appeals as established by section 12 of chapter 40A of the General Laws.
Section 2. The provisions of this section shall be in effect until December 31, 2003."

Floor Number: 497 Clerk Number: 11
WITHDRAWN

Floor Number: 498 Clerk Number: 27
CONTRIBUTORY GROUP GENERAL OR BLANKET INSURANCE FOR PERSONS IN THE SERVICE OF COUNTIES, CITIES, TOWNS AND DISTRICTS, AND THEIR DEPENDENTS

Messrs. Moore and Havern move to amend the bill by inserting at the end thereof the following new Section:- SECTION_________.
Section 9A of Chapter 32B of the General Laws, as appearing in the 2000 official edition is hereby deleted and replaced therein the following:- "Section 9A. A county, except Worcester county, by vote of the county commissioners, a city having a Plan D or Plan E charter by majority vote of its city council, any other city by vote of its city council, approved by the mayor, a regional school district by vote of the regional district school committee and a district by vote of the district at a district meeting, may provide that it will pay one-half of the amount of the premium to be paid by a retired employee under the provisions of the first sentence of section nine. A town shall provide for such payment by vote of the town at a town meeting or if a majority of the votes cast in answer to the following question which shall be printed on the official ballot to be used at an election in said town is in the affirmative:- ""Shall the town pay one-half the premium costs payable by a retired employee for group life insurance and for group general or blanket hospital, surgical, medical, dental and other health insurance?''

Floor Number: 499 Clerk Number: 46
Prepaid Legal Services

Mr. Glodis moves to amend the bill by inserting, after Section 609, the following new section:-

Section ___. The General Laws are hereby amended by inserting after chapter 176H the following new chapter:

Chapter ___ PREPAID LEGAL SERVICES.

Section one. Purpose and Interpretation. The purpose of this chapter is to provide for the rules and procedures for the establishment and operation of prepaid legal companies, their representatives and prepaid legal plans. For purposes of this chapter, prepaid legal plans shall not be considered insurance products and a prepaid legal company and their representatives shall not be considered insurers and thereby, such company and its representatives shall not be subject to the provisions of chapters 175, 175A, and 176H of the General Laws. The provisions of this chapter shall apply to all companies and their representatives that are selling, soliciting, or negotiating prepaid legal plans as defined by this chapter to citizens of the Commonwealth.

Section two. Definitions.

The following words, as used in this chapter, shall have the following meanings:

(1) "Office" means the Office of Consumer Affairs in the Executive Office of Consumer Affairs and Business Regulation.
(2) "Prepaid Legal Company" means a person or entity offering prepaid legal services to the general public or a segment of the general public.
(3) "Prepaid legal services" means legal services or reimbursement for legal services provided by the provider law firm or an attorney within the provider network. Such services are provided in return for a predetermined, specified, periodic fee.
(4) "Provider Law Firm" means the law firm that the prepaid legal services company enters into a contract with to render the legal services covered by the membership contract.
(5) "Subscriber" means any person who has been enrolled in a prepaid legal services plan and is entitled to receive the benefits provided in the plan.

Section three. Registration.

(A). Before commencing business in the Commonwealth, any prepaid legal services company must register with the office on a form prescribed by the office. The form must be accompanied by a bond or letter of credit acceptable to the office in the amount of fifty thousand dollars, which must remain in force so long as the prepaid legal services company does business in the Commonwealth. Every company shall be directed to provide the office with a list of all of its representatives that will be directly involved in the negotiating, soliciting and selling of prepaid plans to the general public in the Commonwealth. A company must file the list no later than March first of each year commencing immediately after registration required pursuant to this subsection.
(B). A prepaid legal services company must administer a product knowledge test to all of its representatives that will be directly involved in the selling, soliciting, and negotiating of prepaid legal plans in the Commonwealth. The test shall be based specifically on the company's plan and is designed to ensure that the company's representatives are knowledgeable about the product. The company will be responsible for conducting the examination and shall certify on a form filed with the office along with its registration and renewal application that said company has administered the examination in compliance with this chapter and section and that the representative has sufficient knowledge about the product. The Company will provide individual or group test results upon the request of the Office.
(C). No later than March first of each year, commencing immediately after registration required by section two of this chapter, a prepaid legal services company registered with the office must file on a form prescribed by the office an updated registration statement to include a sworn affirmation as to continuation of the bond or letter of credit and updated list of its representatives transacting business in the Commonwealth as required by section three of this chapter.
(D). Contracts offering prepaid legal services must be filed with the office for approval prior to being offered to the general public or a segment of the general public. Approval will only be withheld if the contract is false, misleading, unfair, deceptive, or is in violation of this chapter or other applicable law.
(E). Every subscription contract shall be in writing and shall contain the following provisions:

a) A statement of the amount of benefits, reimbursement or indemnity to be furnished to each consumer/subscriber, and the period during which it will be furnished; and, if there are exceptions, reductions, exclusions, limitations or restrictions of such benefits reimbursement or indemnity, a detailed statement of such exceptions, reductions, exclusions, limitations, or restrictions.
b) A statement of the terms and conditions upon which the subscription contract may be cancelled or otherwise terminated by the sponsor or the subscriber or by his employer or group.
c) A statement describing the applicability or nonapplicability of the benefits of the plan to the family dependents of the subscriber.
d) A statement describing a procedure for settling disputes between or among the sponsor, participating or staff attorneys, and the subscribers.

Section four. Complaints.

A consumer/subscriber aggrieved by a prepaid legal company or its representative may file a complaint with the Consumer Complaint Information Section under the Public Protection Bureau in the Office of the Attorney General.

Floor Number: 500 Clerk Number: 52
REPEAL OF CLEAN ELECTIONS

Ms. Walsh and Mr. Berry move to amend the bill by inserting, after Section 610, the following new Section:-
SECTION ___. Chapter 55A of the General Laws is hereby repealed.

And by inserting, after new Section ___, the following new Section:-
SECTION ___. Section 42 of Chapter 10 of the General Laws is hereby repealed.

And by inserting, after new Section ___, the following new Section:-
SECTION ___. Notwithstanding any general or special law to the contrary, the Comptroller shall transfer all remaining funds in the Massachusetts Clean Elections Judgment Fund, created by Section 174 of Chapter 184 of the Acts of 2002, to the general fund.