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And to further amend the bill by striking out line item 2220-2220 and inserting in place thereof the following:-
"2220-2220………….For the administration and implementation of the federal Clean Air Act, including the operating permit program, the emissions banking program, the auto related state implementation program, the low emissions vehicle program, the non-auto related state implementation program, and the commonwealth's commitments under the New England Governor's/Eastern Canadian Premiers' Action Plans for reducing acid rain deposition and mercury emissions, the department is authorized $948,068; provided, that an additional $298,280 shall be available to the department for expenditure if the Office of the State Comptroller certifies that additional revenue received from Clean Air Act fines and penalties by October 1, 2003 exceeds $5,000,000.
Clean Environment Fund………………………..55.47%
General Fund…………………………………….44.53%"

And to further amend the bill in Section 2, by striking out line item 2260-8870, and inserting in place thereof the following new line item:-
"2260-8870…..For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 323 F of chapter 94 of the General Laws and section 2K of chapter 29 of the General Laws and section 4 of chapter 21J of the General Laws: provided, that the department shall submit a report to the house and senate committees on ways and means on or before October 1, 2003 detailing the number of full-time equivalent positions assigned to tier IA, tier IB, Tier IC and tier II projects, the department is authorized $15,287,045; provided further, that an additional $1,062,319 shall be available to the department for expenditure if the office of the State Comptroller certifies that additional revenue received from Clean Air Act fines and penalties by October 1, 2003 exceeds $5,000,000.
Clean Environment Fund………………………..55.47%
General Fund…………………………………….44.53%"

Floor Number: 52 Clerk Number: 495
RESTORING THE SAFE DRINKING WATER ACT FUND

Ms. Resor, Mr. O'Leary, and Ms. Chandler move to amend the bill (S. 2004), in Section 2, by striking line item 2250-2000, and inserting in place thereof the following new line item:-
"2250-2000 For the purposes of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws; provided that the comptroller is authorized and directed to transfer al1 revenues in excess of $1,506,194 to the General Fund…………………………………………………………$1,506,194.

Safe Drinking Water Act Fund……...100%"

And move to further amend the bill by striking Section 164.

Floor Number: 53 Clerk Number: 339

TRANSFER FROM DEP TO LSP BOARD

Ms. Resor, Mr. Brewer, Mr. Morrissey, Ms. Fargo, and Ms. Creem move that the bill, (S. 2004), be amended in section 2, in line item 2260-8881, by striking out the figure "$219,038" and inserting in place thereof:- the figure "$347,683"; and in section 2, in line item 2200-0100, by striking out the figure "$28,578,643", and inserting in place thereof, the figure:-"$28,449,998".

Floor Number: 54 Clerk Number: 400
FISHERIES AND WILDLIFE

Mr. Brewer and Ms. Resor move to amend the bill, in section 2, by striking out items 2300-0101, 2310-0200, 2310-0317, 2320-0100, 2330-0100, 2330-0120, 2330-0121, and 2350-0101 and 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……….……………..100.00%

2310-0317 For the waterfowl management program pursuant to section 11 of chapter 31 of the General Laws…………..……………………………………….$85,000
Inland Fish and Game Fund………………….……100.00%

2310-0318 For the Hunter Education safety training program…………….……$433,719
Inland Fish and Game Fund……………………….100.00%

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; provided, that the public access board is hereby authorized to expend from capital authorizations amounts necessary to cover the personnel costs of the board for fiscal year 2004; 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 Environment……………………………………$3,815,384
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"

and is hereby further amended by striking out Sections 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 sections 2, as so appearing, and inserting in place thereof the following section:-
Section 2. The department of conservation and recreation shall have a stewardship council that will include the membership selection requirements, including statewide geographic distribution criteria, and powers and authorities of the former board of environmental management as set forth at sections 2, 2A-2E and 3A-3D of chapter 21, except that there shall be an additional six members, for a total of thirteen members, with five from the district of the former metropolitan district commission and two at-large members. The commissioner of conservation and recreation shall request nominees for one member of the stewardship council as provided in section 2A of chapter 21. In addition, the commissioner of the department of conservation and recreation shall request nominees from non-profit entities located in the district of the former metropolitan district commission for one member on the stewardship council. The provisions within sections 1-4 of chapter 28 concerning the commission of the former metropolitan district commission are hereby repealed."

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, 103, 107, 115, 118
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 in said section 8 of said chapter 21A as so appearing in the 2000 official edition in line 56 and 57 of the sixth paragraph the words, "division of law enforcement, boating and recreational vehicle safety board,"."
and by striking out Sections 123, 124, 126, 232, 316, and 457
and by striking out in Section 532 paragraphs (4), (7) and (8).

Floor Number: 55 Clerk Number: 342
NATURAL HERITAGE AND ENDANGERED SPECIES PROGRAM

Ms. Resor and Senator Brewer move to amend the bill, in section 2, by inserting after item 2310-0200 the following item:
"2310-0301 For the operation of a natural heritage and endangered species program…………………………………………………………..$551,550
Inland Fisheries and Game Fund…………………100.00%"
And moves to further amend the bill in section 2 in item 0640-0010 by striking out the figure "$5,000,000" and inserting in place thereof the following figure:- "$4,448,450".
And moves to further amend the bill by striking out Section 34 and inserting in place thereof the following section:-
"SECTION 34. Section 35D of chapter 10 of the General Laws is hereby repealed. Any reference to the Natural Heritage and Endangered Species Fund in any general or special law shall be construed to refer to the Natural Heritage and Endangered Species Account, established pursuant to section 2AA of chapter 131 of the General Laws."
And moves to further amend the bill by inserting at the end the following new Section:-
"SECTION . Chapter 131 of the General Laws is hereby amended by inserting after Section 2A the following section:-
SECTION 2AA. There is hereby established within the Inland Fisheries and Game Fund a natural heritage and endangered species account which shall be credited all revenues received by the commonwealth for the natural heritage and endangered species program: (1) under the provisions of section six D of chapter sixty-two and section thirty-eight L of chapter sixty-three; (2) from public and private sources as gifts, grants, and donations to further the natural heritage and endangered species program; (3) from the federal government as reimbursements, grants-in-aid or other receipts on account of the natural heritage and endangered species program; or (4) fines and penalties received on account of litigation or settlement thereof for a violation of chapter one hundred and thirty-one A or the regulations promulgated thereunder.
Said account shall be used only for the following purposes:
(a) to acquire by purchase, lease, easement or license land or interests therein critical to nongame wildlife and endangered species for the multiple purposes of protecting and enhancing nongame wildlife and encouraging compatible wildlife uses;
(b) to manage, inventory, preserve, protect, perpetuate, and enhance nongame wildlife and endangered species in the commonwealth; and,
(c) to supplement funds provided to the natural heritage and endangered species program for the purpose of aiding in the protection of rare, threatened, and endangered species in the commonwealth."

Floor Number: 56 Clerk Number: 308

AN AMENDMENT RELATIVE TO THE BUY LOCAL PROGRAM

Mr. Tarr, Mr. Knapik, and Mr. Joyce move to amend the bill (Senate 2004) in Section 2, item 2511-0100, by adding, after the words "Buy Local campaign," the following: -
"; provided that any funds so distributed shall be provided on a per capita basis".

Floor Number: 57 Clerk Number: 10
DIVISION OF WATERSHED MANAGEMENT TRANSFER

Mr. Shannon moves to amend the bill, in section 2, by deleting line item 2600-1400 in its entirety and inserting in place thereof the following:--
"2600-1400 For the operating expenses of the Clinton Wastewater Treatment Plant, to be paid to the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to compensate for the use of certain land……………………………………………………………….$500,000"
Mr. Shannon moves to further amend the bill, in Section 301, by deleting the following:-- "and 104 to 120, inclusive,".
Mr. Shannon moves to further amend the bill by striking out Section 302 in its entirety and inserting in place thereof the following Section:--
"SECTION 302. Section 1. The Legislature finds that it is the public policy of the commonwealth to provide its citizens with an efficient and safe supply of water in the most cost-effective manner.
The Legislature finds that the transfer of responsibility for the MWRA and former MDC water supply system and its related activities to the agency responsible for water delivery would fulfill such public policies by enabling the Massachusetts Water Resources Authority to operate, regulate, finance and improve watershed management activities, water supply treatment and maintenance costs to implement plans that address ecological concerns within the watershed area, and to provide resources for enforcement of watershed protection.
Section 2. Section 2T of Chapter 29 of the General Laws, as appearing in the 1998 Official Edition, is hereby repealed. Any surplus balance in the Watershed Management Fund following the close of fiscal year 2003 shall be transferred to the Massachusetts Water Resources Authority and shall not be reverted to the General Fund.
Section 3. Section 104 of Chapter 92, as so appearing, is hereby amended by striking line 28 in its entirety and inserting in place thereof the following: - ""Division", waterworks division of the Authority."
Section 4. Section 104 of chapter 92, as so appearing, is hereby amended by striking in line 54 the word "division" and inserting in place thereof the words: - "the former division of watershed management".
Section 5. Chapter 92 is hereby amended by striking out section 105, as so appearing, and inserting in place thereof the following section: -
"Section 105. For purposes of this act, the authority shall be subject to the provisions of chapter 737 of the acts of 1972. In addition to its responsibilities set forth in chapter 372 of the acts of 1984, the authority shall construct, maintain and operate a system of watersheds and reservoirs and shall supply thereby a sufficient supply of pure water for the purposes set forth in said chapter, and shall utilize and conserve said water and other natural resources in order to protect, preserve and enhance the environment of the commonwealth and to assure the availability of pure water for future generations. The Authority shall maintain visitors' informational center at the Quabbin reservation. The Authority shall develop and forward to the bureau of resource protection of the department of environmental protection for its review a plan for the protection of the watershed."
Section 6. Sections 106 to 113A, inclusive, of chapter 92, as so appearing, are hereby amended by striking the word "commission" wherever it appears, and inserting in place thereof the word: - "Authority".
Section 7. Sections 106 to 113A, inclusive, of chapter 92, as so appearing, are hereby amended by striking the words "commissioner" or "commissioner of the metropolitan district commission" wherever they appear, and inserting in place thereof the words: - "executive director of the Authority".
Section 8. Section 107 of chapter 92, as so appearing, is hereby amended by striking the last sentence of said section in its entirety and inserting in place thereof the following: "All revenues derived from the activities authorized herein shall revert to the Authority."
Section 9. Section 113 of chapter 92 is hereby amended by striking out section 113, as so appearing, and inserting in place thereof the following section:
"Section 113. The Authority shall not be assessed with any charges relating to the former watershed management division of the metropolitan district commission and due pursuant to the provisions of said section, which charges were not actually incurred before the date of passage of this act."
Section 10. Section 113A of chapter 92 is hereby amended by striking the second sentence in its entirety.
Section 11. Section 114 of chapter 92, as so appearing, is hereby amended by striking the first sentence in its entirety and inserting in place thereof the following: "There shall be a Quabbin watershed advisory committee to the Authority."; said section is further amended by striking in line 6 the following: "commissioner of the metropolitan district commission" and inserting in place thereof the following: "Governor"; said section is further amended by striking in lines 12 and 13 the words "the New England Sierra Club" and inserting in place thereof the following: "the Massachusetts chapter of The Sierra Club"; said section is further amended by striking the word "commissioner" in line 14 and inserting in place thereof the following: "Governor".
Section 12. Section 114A of chapter 92, as so appearing, is hereby amended by striking the first sentence in its entirety and inserting in place thereof the following: "There shall be a Ware river watershed advisory committee."; said section is further amended by striking in line 6 the words "commissioner of the metropolitan district commission" and inserting in place thereof the following: "Governor"; said section is further amended by striking in line 16 the words "the Sierra Club" and inserting in place thereof the following: "the Massachusetts chapter of The Sierra Club".
Section 13. Section 115 of chapter 92, as so appearing, is hereby amended by striking in the first sentence the words "The commissioner shall establish" and inserting in place thereof the following: "There shall be"; said section is further amended by striking in lines 7 and 8 the word "commissioner" and inserting in place thereof the following: "Governor".
Section 14. Section 116 of chapter 92, as so appearing, is hereby amended by striking the word "commissioner" in line 1 and inserting in place thereof the word "Authority". Said section is further amended by adding at the end of the second sentence the following: "such access and recreational activities shall be consistent with the access and recreation provided in current plans."
Section 15. Section 117 of chapter 92, as so appearing, is hereby amended by striking the word "commission" in line 1 and inserting in place thereof the words: - "Authority, only"; said section is further amended by adding at the end of said section the following: - "Disposition of said property shall be subject to Article 97 of the Massachusetts Constitution and approval of the governor. Such land disposition shall be made only upon the finding by the Authority that such land no longer provides protection for the water supply system."
Section 16. Section 119 of chapter 92, as so appearing, is hereby repealed.
Section 17. Upon passage of this act, Chapter 372 of the Acts of 1984 shall be subject to the provisions herein, amending Chapter 92 of the Massachusetts General Laws.
Section 18. Section 1 (b) of chapter 372 of the acts of 1984 is hereby amended by adding the following after subsection (iv): - " (v) construction, maintenance and operation of a system of watersheds and reservoirs; utilization and conservation of said water and other natural resources in order to protect, preserve and enhance the environment of the commonwealth and to assure the availability of pure water for future generations."
Section 19. Section 4 (a) of chapter 372 of the acts of 1984 is hereby amended by striking the last sentence thereof in its entirety and substituting in its place, the following sentences: "On July 1, 2003, ownership, possession and control of the system personal property as it relates to the watershed system shall pass to and be vested in the Authority, without consideration or further evidence of transfer, and shall thereafter be in the ownership, possession and control of the Authority. All such system personal property shall include, without limitation, records, books, maps, plans and documents of any kind and description, and held in any media including without limitation computerized data, provided that all records pertaining to the history of the Swift River and Ware River Valleys, land takings therein, Quabbin Reservoir construction and any matters regarding the four discontinued Massachusetts towns and extant adjacent communities shall remain accessible to the public at the Quabbin Reservoir administrative facilities in Belchertown, Massachusetts."
Section 20. The third sentence of section 4 (c) of chapter 372 of the acts of 1984 is hereby amended by striking the words "watershed management division of the metropolitan district commission" and inserting in place thereof the word "Authority". At the end of the third sentence thereof, a new sentence shall be appended, as follows: "Upon passage hereof, the Authority shall have the right to enter, use, operate, improve, maintain and manage such watershed lands for the purposes of this Act. Such watershed lands shall become part of the Authority's system of real property under its operation and management."
Section 21. The fifth sentence of section 4 (e) of chapter 372 of the acts of 1984 is hereby amended by striking the words "exclusive of that portion of the MDC water system comprising the watershed system as defined in this act".
Section 22. The first sentence of section 4 (f) of chapter 372 of the acts of 1984 is hereby amended by striking the words "exclusive of that portion of the MDC water system comprising the watershed system as defined in this act".
Section 23. The first sentence of section 9 (a) of chapter 372 of the acts of 1984, as most recently amended, is hereby amended by striking from line 2 the words "division of watershed management" and inserting in place thereof the following: - "Authority, only on behalf of the commonwealth"; and by deleting the words "and provided, that no property or rights, including water rights, comprising the watershed system shall be taken". Said section is further amended by adding at the end of the third sentence the following: "without the prior approval of two thirds of each house of the General Court and the approval of the governor."
Section 24. Section 9 of chapter 372 of the acts of 1984 is further amended by adding to the end thereof, a new subsection (e) as follows: "The Authority, acting only on behalf of the commonwealth, may acquire from any person, real property or any interest or rights therein deemed by it essential for the operation, improvement, maintenance, management or enlargement of the watershed system, by purchase, by gift or by eminent domain in accordance with the provisions of chapter seventy-nine or chapter eighty A of the General Laws, without the further prior approval of the governor or the general court, provided that all such acquired watershed lands shall be held in the name of the commonwealth of Massachusetts. Such acquired watershed lands shall become part of the Authority's system of real property under its operation and management. No disposition of any lands acquired as part of the watershed system or rights in supply or acquisition of rights in sources of water supply may occur without the prior approval of the governor and the general court, such approval to be in compliance with the provisions of Article 97 of the Massachusetts Constitution."
Section 25. On July 1, 2003, employees of the watershed management division of the metropolitan district commission whose duties are directly related to such watershed management shall become employees of the Authority under the terms and conditions set forth in section 4 (g) of chapter 372 of the acts of 1984. All employees of the Authority waterworks division not employed by said division of watershed management of the metropolitan district commission prior to July 1, 2003, shall become members of the contributory retirement system referred to as the "Massachusetts Water Resources Authority Retirement System" described in section 7 (d) of said chapter 372 of the acts of 1984. All persons transferred to the Authority on July 1, 2003 who are members of the state employees' retirement system on account of employment by the metropolitan district commission prior to said date shall continue to be members of the state employees' retirement system and subject to the laws applicable thereto, and neither the Authority nor the Authority's Retirement System shall have any liability for retirement allowances to or on account of such persons.
Section 26. Chapter 36 of the acts of 1992 is hereby amended as follows: section 10 is hereby amended to substitute " executive director of the Massachusetts water resources authority" for "director of division of watershed management"; section 15 is hereby amended to substitute "division of waterworks of the Massachusetts Water Resources Authority" for "division of watershed management".
Section 27. This act shall take effect upon its passage.

Floor Number: 58 Clerk Number: 60
DEPARTMENT OF CONSERVATION AND RECREATION

Mr. Shannon moves to amend the bill, in Section 2, in line item 2600-1400, by striking the following wording:-
"provided, that expenses incurred in other department programs to assist the watershed management program may be charged to this item;".

Floor Number: 59 Clerk Number: 245

CURLEY RECREATION CENTER

Mr. Hart of Boston moves to amend the bill in section 2, in item 2600-2000, in line 16, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$247,000".

Floor Number: 60 Clerk Number: 318
NAHANT LIFE SAVING STATION

Mr. McGee moves to amend the bill in Section 2, line item 2600-2000, by adding, at the end thereof, the following:-
"provided further, that not less than $50,000 shall be expended for the Nahant Life Saving Station."

Floor Number: 61 Clerk Number: 323

AN AMENMENT RELATIVE TO INCREASED ACCESS FOR THE HANDICAPPED IN THE TOWN OF WILMINGTON

Mr. Tarr moves to amend the bill in Section 2, item 2600-2000, by adding, at the end thereof, the following: -
"; and provided further that not less than $90,000 be expended for the construction of a Handicapped accessible fishing pier in the Town of Wilmington".

Floor Number: 62 Clerk Number: 345

MAINTENANCE OF RED ROCK PARK

Mr. McGee moves to amend the bill in Section 2, line item 2600-2000, by adding at the end thereof, the following:-
provided further, that not less than $40,000 shall expended for the maintenance of the Red Rock Park on Lynn Shore Drive in the city of Lynn.

Floor Number: 63 Clerk Number: 352
LYNN AND SAUGUS YMCA AND YWCA

Mr. McGee and Mr. Barrios moves that the bill be amended in section 2 in line item 4000-0100, by inserting at the end thereof the following: --"Provided further, that not more than $40,000 shall be expended for the public partnership program between the greater Lynn YMCA and YWCA and the public partnership program between the town of Saugus and the Saugus YMCA and YWCA"

Floor Number: 64 Clerk Number: 59
DMA third party liability

Mr. Moore moves to amend the bill, in section 2, in line 4000-0300, by inserting after the words " February 15, 2004;" the words "provided further that by October 1, 2003 the division will establish a mechanism that will allow hospitals and community health centers the ability to electronically access the health benefit coverage database to assist with coordinating coverage of persons requesting uncompensated care under Chapter 118G of the general laws and medical assistance under Chapter 118E of the general laws; provided further that the Division shall collect directly from a liable third party any amounts paid to contracted providers under Chapter 118E of the general laws for which the division later discovers another third party is liable;"

Floor Number: 65 Clerk Number: 138

DEPARTMENT OF MENTAL HEALTH - NORTHEAST AREA

Mr. Baddour and Ms. Tucker move to the amend the bill, in Section 2, in line item 4000-0300, by inserting the following: -
"; and provided further that the department shall reimburse acute care hospitals in the Department of Mental Health's designated "Northeast" area for short-term inpatient psychiatric services a the same rate per diem rate as is paid to the hospital located in the Department of Mental Health's currently designated "Metro Suburban" area.

Floor Number: 66 Clerk Number: 180
PERSONAL CARE ATTENDANT

Messrs. O'Leary, Brewer, McGee and Ms. Tucker move to amend the bill, in section 2, in item 4000-0300, by inserting the following language:-
"; provided further, that the same standards and regulations for personal care attendants in effect of February 1, 2003 shall be retained in fiscal year 2004 unless an agreement to any changes is reached between the Division of Medical Assistance, designees of the Governor's Advisory Commission on Disability Policy, the Massachusetts Office on Disability and the Statewide Independent Living Council."

Floor Number: 67 Clerk Number: 231

IMPROVEMENT OF INTERPRETER SERVICES

Mr. O'Leary moves to amend the bill, in section 2, in item 4000-0500 by inserting after "psychiatric hospitals," the following language:-
";provided further, that not less than $99,999 of the $1.1 million budgeted amount shall be expended for grants intended to demonstrate innovative methods to improve interpreter services and contain costs."

Floor Number: 68 Clerk Number: 33
HOME CARE CASE MANAGEMENT

Messrs. Shannon and Baddour move to amend the bill, in section 2, in line item 4000-0600 by inserting after the words "any needed community services," the following:-- "including case management,".

Floor Number: 69 Clerk Number: 377
DEMENTIA-SPECIFIC ADULT DAY CARE

Mrs. Chandler, Mr. Baddour, Mr. Joyce, and Ms. Resor move to amend the bill, in section 2, in item 4000-0600, by inserting after the words "necessary means" the following wording:-
"; provided further that not less than $75,000 shall be made available to reimburse providers of dementia-specific adult day care at the rate paid on January 1, 2003".

Floor Number: 70 Clerk Number: 394
TELEMEDICINE

Mrs. Chandler and Mr. Moore move to amend the bill, in section 2, in item 4000-0600, by inserting after the words "necessary means" the following wording:-
"provided further that within the amount to be expended on title XIX home health services the division of medical assistance is hereby directed to establish a demonstration program to allow for the use of technology in the provision of home health services. Said demonstration project shall establish a tiered rate system of reimbursement under the Medicaid program. Technology shall mean the following: information services, devices, that make documentation, charting, and staff time more efficient or that encourages and allows for care through alternative settings including, but not limited to, touch screens, monitors, hand-helds, swipe cards, motion detectors, pagers, telemedicine, medication dispensers, and equipment to monitor vital signs and self-injections, and to observe skin and other conditions. The division shall implement said demonstration program within thirty days of the passage of this act. The division shall collect data on the cost savings achieved by said program, outcome measures, and patient satisfaction information six months after the implementation date, and at the end of one year, and shall provide a report of the findings to the house and senate ways and means committees;"

Floor Number: 71 Clerk Number: 29
KOSHER FOOD REIMBURSEMENT FOR NURSING HOMES

Mr. Joyce, Ms. Creem, Mr. Hart, Mr. Borrios and Ms. Fargo move to amend the bill in section 2, item 4100-0060, by adding the words:

"provided further, notwithstanding the provisions of any general or special law to the contrary, for any nursing home that provides kosher food to its residents, the Division of Medical Assistance, in consultation with the Division of Health Care Finance and Policy, is directed to approve a special innovative program, and the Division of Health Care Finance and Policy, in recognition of the unique special innovative program status granted by the Division of Medical Assistance, shall, for any nursing home that provides kosher food to its residents, establish up to a $5.00 per day increase to the standard payment rates to reflect the high dietary costs incurred in providing kosher food."

Floor Number: 72 Clerk Number: 155
MASSACHUSETTS REHABILITION COMMISSION

Mr. Baddour moves to amend the bill, in section 2, in item 4120-3000, by striking out the following: -"physically."

Floor Number: 73 Clerk Number: 212

MASSACHUSETTS REHABILITATION COMMISSION - CLARIFYING LANGUAGE

Ms. Wilkerson moves to amend the bill in Section 2, in line item 4120-3000, by striking the word "physically".

Floor Number: 74 Clerk Number: 141
THE BOYS AND GIRLS CLUB OF CAPE COD

Mr. O'Leary of the Cape and Islands moves that the bill be amended in section 2, in item 4130-3050, in line 28, by inserting after the word "appropriation" the following:- "provided further, that $50,000 shall be expended for the Boys and Girls Club of Cape Cod for the purpose of after school programs that enhance decision making and life skills through educational and recreational activities."

Floor Number: 75 Clerk Number: 152
CHILD CARE FOR WORKING FOSTER PARENTS

Mr. Baddour, Ms. Tucker and Mr. McGee move to amend the bill, in section 2, in item 4130-3050, by inserting in line 9, after the word "item" the following-
"...provided further, that not fewer than 500 child care slots shall be reserved for children in the foster care program at the department of social services;"

Floor Number: 76 Clerk Number: 419
WEST END HOUSE

Mr. Tolman moves to amend the bill in Section 2, in item 4130-3050 by inserting at the end thereof the following:-
"; provided further, that that not more than $50,000 be expended for the West End Boys and Girls Club in the Allston-Brighton section of the City of Boston for the purpose of after school tutoring and recreational services for the children of the community."

Floor Number: 77 Clerk Number: 457
BROCKTON BOYS AND GIRLS CLUB

Mr. Creedon moves to amend in section 2, in line item 4130-3050 by inserting
at the end thereof the following:
";provided further, that $25,000 shall be expended for the Brockton Boys and Girls Club for the purpose of delinquency prevention, leadership, and character development, technology training, job training, drug, alcohol and teenage pregnancy prevention, and education advancement"

Floor Number: 78 Clerk Number: 354
HOLYOKE SOLDIERS' HOME RETAINED REVENUE

Mr. Knapik, Mr. Lees, Mr. Rosenberg and Ms. Melconian moves to amend the bill, in section 2, by inserting after item 4190-1100 the following item:
"4190-1101 The Soldiers' Home in Holyoke may expend revenues up to a maximum of $579,221 from resident fees for long-term care beds and domiciliary beds; provided that the only revenue available for expenditure in this item shall be amounts collected for fiscal year 2004 from said resident fees…………………………………….$579,221"

Floor Number: 79 Clerk Number: 531
DYS

Mr. Lees hereby moves to amend the bill in section 2, in item 4200-0010, by striking out the figures "$4,476,803" and inserting in place thereof the figures "4,688,221".

Correspondingly, the bill be further amended in section 2, in item 4130-1000 by striking the figure $12,975,179, and inserting in place thereof the figure $12,763,761.

Floor Number: 80 Clerk Number: 532

DYS 2

Mr. Lees hereby moves to amend the bill in section 2, in item 4200-0300, by striking out the figures "$81,026,811" and inserting in place thereof the figures "$82,452,326".
Correspondingly, the bill be further amended in section 2, in item 4130-1000 by striking the figure $12,975,179, and inserting in place thereof the figure $11,549,664.

Floor Number: 81 Clerk Number: 202
SKILLS TRAINING FOR WELFARE RECIPIENTS

Ms. Wilkerson, Ms. Chandler, Ms. Resor, Mr. McGee, Ms. Creem, Mr. Tarr and Mr. Morrissey move to amend the bill, in section 2, in item 4401-1000,
by inserting after the words "structured subsidized employment services;" the following words: - "provided further, that the department of transitional assistance shall use funds from this item and shall collaborate with the department of labor and workforce development and the division of workforce training to access funding through Title I of the Workforce Investment Act to ensure that sufficient resources are available to provide substantive, pre-employment skills training, including training that integrates basic education and English as a second language instruction, to recipients of transitional aid to families with dependent children who are in need of such services;"
by inserting after the words "full range of programs available under this program" the following words:- "and of skills training programs funded by Title I of the federal Workforce Investment Act accessible through the one-stop career centers, so-called, and adult education programs funded by the department of education" and
by striking out the words "provided further, that nothing herein shall give rise to or shall be construed as giving rise to enforceable legal rights in any party or in enforceable entitlement to services" and inserting in place thereof the following wording: - "provided further, that all provisions of this item are subject to appropriation and, in the event of a deficiency, nothing herein shall give rise to or shall be construed as giving rise to any enforceable right or entitlement to services in excess of the amounts appropriated by this item.".

Floor Number: 82 Clerk Number: 223
RELATIVE TO THE YOUNG PARENTS PROGRAM AT THE NEWTON COMMUNITY SERVICE CENTER

Ms. Creem moves to amend the bill, in Section 2, in item 4401-1000, by adding after the words "structured subsidized employment services" the following:- "; provided further, that $80,000 shall be expended for the young parents program of the Newton Community Service Centers, Inc;"

Floor Number: 83 Clerk Number: 355

SKILLS TRAINING FOR LOW-INCOME PARENTS

Mr. McGee and Mr. Tarr move to amend the bill in section 2, in item 4401-1000, by inserting after the words "structured subsidized employment services;" the following words: - " provided further, that not less than $6,000,000 shall be expended to provide substantive, pre-employment skills training to recipients of transitional aid to families with dependent children, including training that integrates basic education and English as a second language instruction;

Floor Number: 84 Clerk Number: 369
YOUNG PARENT PROGRAM -- PROVIDING AN ESSENTIAL EDUCATION FOR HIGH-SCHOOL AGED TAFDC RECIPIENTS.

Mr. McGee and Ms. Chandler moves that the bill be amended in Section 2 in item 4401-1000 in line 5 after the words "provided further," by inserting the words - "not less than $3,000,000 shall be expended for the young parents program" and further amended in line 5 after the words "expended for the purposes of" by deleting the words - "the young parents program."

Floor Number: 85 Clerk Number: 406
PARENTS FAIR SHARE

Ms. Melconian moves to amend the bill, in section 2, in line-item 4401-1000 by inserting after the words "provided further, that funds from this item may be expended on former recipients of the program," the following:-"by Parents Fair Share of Springfield"

Floor Number: 86 Clerk Number: 534
WELFARE REFORM

Mr. Lees hereby moves to amend the bill in section 2, in item 4401 - 1000, in lines 24 to 27, inclusive, by striking out the following: "provided further, that notwithstanding any general or special law to the contrary, verified hours spent attending a department approved education or job skills training program shall count toward satisfaction of the work requirement established under subsection (j) of said section 110 of said chapter 5;" and inserting in place thereof the following: "provided further, that notwithstanding any general or special law to the contrary, recipients not qualifying as exempt under the provisions of subsection (e) of section 110 of chapter 5 of the acts of 1995 shall participate in the work program established by subsection (j) of section 110 of said chapter 5."

Floor Number: 87 Clerk Number: 37

TAFDC ADVANCE NOTICE OF BENEFIT CHANGES

Ms. Tucker, Ms. Resor, Ms. Creem, Messrs. Wilkerson, Montigny, Shannon, McGee and Joyce move to amend the bill, in section 2, in line item 4403-2000 by inserting at the end thereof the words:
"provided further, that notwithstanding the provisions of any general or special law to the contrary, 30 days before promulgating any eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth the text of and basis for such proposed changes."

Floor Number: 88 Clerk Number: 133
EMERGENCY ASSISTANCE PROGRAM FLEXIBILITY

Mr. Panagiotakos moves to amend the bill, in section 2, in item 4403-2120 by inserting after the words "(vii) voucher shelters, so called;" the following:- "(viii) activities and payments to reduce homelessness, and assist families to obtain or retain housing;"

Floor Number: 89 Clerk Number: 209
SCATTERED SITES AND ROLLING STOCK HOUSING

Ms. Wilkerson moves to amend the bill, in Section 2, in line item 4403-2120, by inserting after the words "family shelter program;" the following: -

"provided further that the department shall use monies from this account to add 150 new units of scattered site and rolling stock shelter over and above those contracted for in FY 03; provided further, that these new units shall be located in areas of greatest need to facilitate placement of eligible families within 20 miles of their home communities; provided further, that these new units shall be used to reduce the population placed in hotels and motels;"

Floor Number: 90 Clerk Number: 285

ONE HUNDRED AND FIFTY NEW UNITS FOR THE HOMELESS

Mr. McGee and Ms. Resor move that the bill be amended in section 2, in line item
4403-2120, in line 9, by inserting after " otherwise " the following: "; provided further that the department shall use monies from this account to add a minimum of 150 new units of scattered site and rolling stock units contracted for in FY03; and provided further that these new units shall be located in areas of greatest need to facilitate placement of eligible families within 20 miles of the home community"

Floor Number: 91 Clerk Number: 347
RESIDENTIAL STATUS FOR HOMELESS PERSONS

Mr. McGee and move that the bill be amended in section 2, in line item 4403-2120, in line 30, by inserting after " program " the following: "; provided further, that notwithstanding any general or special law to the contrary, members of households placed in motels shall not be considered residents of the Community in which the motel is located unless the members of the household request otherwise"

Floor Number: 92 Clerk Number: 196
HOMELESS SHELTER

Ms. Melconian moves to amend the bill, in section 2, in line item 4406-3000 by inserting after the words "homeless individuals served;" the following: - "provided further, that the Friends of the Homeless shelter in Springfield and the Open Pantry Community Services, Inc. in Springfield shall receive the same appropriation that they received in fiscal year 2003."

Floor Number: 93 Clerk Number: 338
PRIMARY CARE AND MENTAL HEALTH, INC. - HEALTH SERVICES FOR THE HOMELESS AND UNINSURED

Mr. McGee of Lynn moves that the bill be amended in section 2 in line item 4406-3000, in line 3, by inserting after the word "indigent" the following: "provided further, that not less than $50,000 shall be provided for the provision of health services to the homeless and uninsured by Primary Care and Mental Health, Inc. located in the city of Lynn."

Floor Number: 94 Clerk Number: 199
BATTERED WOMENS SHELTER

Ms. Melconian moves to amend the bill, in section 2, in line item 4408-1400 by inserting after the words "Women in Transition;" the following: - "provided further, that $488,028 shall be expended for the YWCA Battered Women's Shelter in Springfield;"

Floor Number: 95 Clerk Number: 186

MULTIPLE SCLEROSIS SCREENING

Mr. Montigny moves to amend the bill, in section 2, in item 4510-0100, by inserting after the words, "shall not be subject to chapter 31 of the General Laws;" the following words:-
"provided further, that not less than $162,368 shall be expended for a multiple sclerosis screening, information, education and treatment program; and"

Floor Number: 96 Clerk Number: 192
STROKE EDUCATION PROGRAM

Mr. Montigny moves to amend the bill, in section 2, in item 4510-0100, by inserting after the words, "shall not be subject to chapter 31 of the General Laws;" the following words:-
"provided further, that not less than $500,000 shall be expended for a statewide stroke education and public awareness program to educate the public and providers, including emergency medical systems personnel, medical dispatchers and fire and police department personnel, about the warning signs of stroke, the recognition of stroke symptoms, and the importance of timely and appropriate acute care treatment; provided further, that the department shall coordinate such program with any ongoing federally-funded statewide efforts, including any program funded by federal cardiovascular health initiative grants; and provided further, that the program shall seek to maximize, through grant development or public-private partnerships, available sources of funding to accomplish the goals of the program; and"

Floor Number: 97 Clerk Number: 350
SAUGUS ELDER HEALTH CENTER

Mr. McGee moves that the bill be amended in section 2 in line item 4510-0100, by inserting at the end thereof the following: -- "Provided further, that not less than $100,000 shall be expended for the Elder Health Center in Saugus."

Floor Number: 98 Clerk Number: 530
DPH ADMINISTRATION

Mr. Lees hereby moves to amend the bill in section 2, in item 4510-0100, by striking out the figure "$16,221,301" and inserting in place thereof the following figure "$17,549,534."
Correspondingly, the bill be further amended in section 2, in item 4130-1000 by striking the figure $12,975,179, and inserting in place thereof the figure $11,646,946.

Floor Number: 99 Clerk Number: 586
STATEWIDE LUPUS DATABASE

Mr. Barrios moves to amend the bill, in section 2, in line item 4510-0600, in line 12, by inserting after "commonwealth;" the following:-
"provided further, that $300,000 shall be expended for a statewide lupus database;"

Floor Number: 100 Clerk Number: 129
BORM Administration

Mr. Moore moves to amend the bill, in section 2, in line item 4510-0723, in lines 2 through 21, by striking the language after "acupuncture;" and before "$1,639,554" and inserting in place thereof the following: - "provided, that the board of registration in medicine shall prepare an annual report addressing its activities with respect to licensing, enforcement, law and policy, patient safety, and other relevant topics, including, but not limited to, the total number of cases referred to and reviewed by the Board, the resolution of such cases, the approximate number of cases assigned to each investigator, any increases or decreases in cases referred to the board in the previous 6 months; a compilation of cases from its Patient Care Assessment program describing incidents involving preventable medical error that resulted in harm to a patient or health care provider for the purpose of assisting said providers, hospitals, and pharmacies to modify their practices and techniques to avoid error, and any other relevant topics; provided further, that the board shall submit the report to the general court, house and senate committee on ways and means and the joint committee on health care and shall make the compilation widely available, including by electronic means, to the public; and provided further, that the board shall promulgate rules and regulations to coordinate their patient care assessment program with the boards of nursing and pharmacy"