Previous 50

Next 50

AN AMENDMENT TO PRESERVE PUBLIC SAFETY ON THE WATERWAYS OF THE COMMONWEALTH

Mr. Tarr, Mr. Hedlund and Mr. Joyce move to amend the bill (Senate bill 2004) in Section 10G of Section 131 by adding, at the end thereof, the following: -
"; provided, however, that nothing in this section shall be construed to restrict the powers conveyed by Section 56 of Chapter 91 of the General Laws."

Floor Number: 252 Clerk Number: 159
STATE CHILD FATALITY REVIEW TEAM

Ms.Tucker moves to amend the bill in Section 140 by adding after the words:-

"or designees of the commissioners of the departments of mental retardation, mental

health, youth services and education" the following words:-

", and the office of child care services"
and by further amending the bill in Section 140 by adding after the words:- "(11) the commissioner of the department of youth services or his designee;" the following words:- "(12) the office of child care services;"

Floor Number: 253 Clerk Number: 391
DEPARTMENT OF FORENSIC SCIENCES

Mr. Baddour moves to amend the bill by striking out in section 140 the wording "Department of Forensic Sciences" and inserting in place thereof the following wording:
- "Department of Forensic Laboratories"

Floor Number: 254 Clerk Number: 580
FORENSIC NURSES

Mr. Barrios and Mr. Antonioni move to amend the bill in Section 140, line 91, by inserting after the word "cases" the following:-
"(18) a forensic registered nurse selected by the Massachusetts Nurses Association;"

Floor Number: 255 Clerk Number: 251

EOEA - REGULATIONS

Mr. Hart of Boston moves that the bill be amended in section 141 in line __, by striking out the words "prosecutions with respect to, and otherwise to enforce, chapters 149 and 151, all regulations of the department" and inserting in place thereof the words "civil and criminal prosecutions with respect to, and otherwise to enforce, chapters 149 and 151, all regulations of the secretariat."

Floor Number: 256 Clerk Number: 164

MAINTAINING THE HEALTH PROTECTION FUND

Ms. Fargo moves to amend the bill by striking out Section 173, and inserting in place thereof the following new Section: -
"SECTION 173. Notwithstanding any general or special law to the contrary, during fiscal year 2004 and 2005, the comptroller shall transfer to the General Fund the balance from amounts credited to the Health Protection Fund, as established by Section 2GG of chapter 29 of the General Laws."

Floor Number: 257 Clerk Number: 237

LOCAL CONSUMER INSPECTION FUND

Mr. Berry moves to amend the bill by striking out Section 179.

Floor Number: 258 Clerk Number: 165
PROTECTING THE TOBACCO SETTLEMENT FUND

Ms. Fargo moves to amend the bill by striking out Section 184, and inserting in place thereof the following new Section: -
"SECTION 184. Notwithstanding any general or special law to the contrary, during fiscal year 2004, the comptroller shall transfer to the General Fund the balance from amounts credited to the Tobacco Settlement Fund, as established by Section 2XX of chapter 29 of the General Laws."

Floor Number: 259 Clerk Number: 499

AN AMENDMENT RELATIVE TO THE FALSE CLAIMS FUND

Mr. Tarr moves to amend the bill (Senate Bill 2004) by striking Section 185.

Floor Number: 260 Clerk Number: 435
INFORMATION REQUEST

Mr. Lees moves to amend the bill by striking out Section 188.

Floor Number: 261 Clerk Number: 541
INFORMATION REQUEST

Mr. Lees hereby moves that the bill be amended in section 3, by striking section 188.

Floor Number: 262 Clerk Number: 163
Relative To Collective Bargaining Agreements

Mr. Glodis and Mr. Knapik move to amend the bill in section 208 by adding at the end thereof the following:-

"provided, however that the benefits and levels provided by c. 41, §108L immediately prior to the effective date of this amendment as such were applied immediately prior to such date to the bargaining unit established by the first sentence of the third paragraph of section three of chapter one hundred and fifty E, shall be maintained and remain so applicable to that bargaining unit unless and until such benefits and levels of benefits are altered as a result of a negotiated agreement between the employee organization representing that unit and the Commonwealth."

Floor Number: 263 Clerk Number: 341
QUINN BILL STUDY COMMISSION

Mr. McGee moves to amend the bill in outside section 208, by adding at the end thereof the following paragraph :-

A special commission, to consist of the House Chair and the Senate Chair of the Joint Committee on Public Safety, two members Joint Committee on Public Service, two members of the Joint Committee on Education, one member of the Senate Committee on Ways & Means, and one member of the House Committee on Ways & Means, is hereby established for the purpose of making an investigation and study of the subject matter of the current Outside Section 208 of the Fiscal 2004 Budget entitled "Quinn Bill Reform." The special commission shall investigate and study: i) the financial impact of Quinn Bill Reform upon the Cities and Towns; ii) the impact of collective bargaining agreements upon the Quinn Bill Reform, including compiling an inventory of collective bargaining agreements; iii) the impact on the program of the changes in rules for educational institutions initiated by the Board of Higher Education; and iv) the impact of Quinn Bill Reform upon minority police officers. The resources and assistance of the following Commonwealth departments shall be made available to the commission to assist in conducting its investigation and study: i) the Department of Revenue, Department of Local Mandates; ii) the Joint Labor Management Committee; iii) the Board of Higher Education; and iv) the Commission Against Discrimination. The special commission shall complete its investigation and study by October 31, 2003.

Floor Number: 264 Clerk Number: 343
QUINN BILL FOR CERTAIN POLICE OFFICERS

Mr. McGee moves the bill be amended in section 208, by inserting after "January 1, 2004," in the last sentence of the last paragraph the following words:

including those who transfer to any other police department that has adopted the provisions of this section,

Floor Number: 265 Clerk Number: 546
QUINN BILL REFORM

Mr. Hedlund moves to amend the bill by striking out section 208 and inserting in its place the following section:-
"SECTION 208. Section 108L of chapter 41 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting at the end thereof the following: -
Only graduates of criminal justice or law enforcement programs that meet or exceed the guidelines for criminal justice and law enforcement programs as set forth by the board of higher education shall be eligible for the police career incentive pay program. Any degree programs pursued for police career incentives pay increases shall be required to submit a letter of intent annually to the chancellor of the board of higher education to seek approval as a police career incentive pay program. The president of a New England association of schools and colleges accredited institution or board of higher education approved institution with an approved criminal justice or law enforcement program shall submit a letter of intent to the chancellor of the board of higher education indicating the institution's intent to seek approval of its criminal justice degree program(s) during the first year of the implementation of the guidelines. Said letter of intent shall include a statement of commitment to implement guidelines for criminal justice and law enforcement programs, so called, for all students enrolling in a criminal justice or law enforcement program.
Any application to seek approval as a police career incentives pay program participating institution shall include the following: (1) a profile of said program, (2) a self assessment of the program(s), and (3) an application fee to cover the evaluation costs of the review process.
Each institution shall pay an evaluation fee to the board of higher education's police career incentive pay program quality assurance trust fund to cover the costs of review of its program(s). In addition to said fee, the institution shall pay for travel, room, board and other normal expenses of the external evaluation committee. If said committee requires subsequent visits, the board of higher education shall charge for further expenses at its discretion. Evaluation fees will be determined by the total number of degrees awarded to all students enrolled in the criminal justice and law enforcement program(s) being reviewed based on an average of the three years immediately prior to the submission of the application. Fees shall be set in the following manner: $1000 for a degree program with an average enrollment of not more than 20 students per year, $1500 for a degree program with an average enrollment between 20 and 50 students per year, $2000 for a degree program with an average enrollment between 51 and 100 students per year, $2500 for a degree program with an average enrollment between 101 and 150 students per year, $3000 for a degree program with an average enrollment between 151 and 200 students per year, and $3500 for a degree program with an average enrollment above 200 students per year.
Once an application is submitted, the following timetable shall apply: (1) not more than 30 business days after application submission, the board of higher education shall determine whether or not the application is complete and notify the institution, (2) not more than 30 business days after notification, the board of higher education shall appoint an external evaluation committee in accordance with the guidelines for criminal justice and law enforcement academic programs, set forth by said board, (3) not more than 30 business days after committee appointment, said committee shall submit a report to the board of higher education staff, (4) not more than 30 business days after receipt of said report by the board of higher education, the committee's final report shall be sent to the institution with a response, (5) Not more than 30 days after receiving the institution's response, the staff of the board of higher education shall evaluate materials submitted by the institution, the committee's written report, the written response by the institution and any additional information submitted by the institution, and based on its review, the board staff shall make a recommendation to the board for deferral, approval or disapproval. If the board finds a determination of disapproval, the board shall provide a statement of reason for the decision.
Programs approved by the board of education shall be included on an approved program list for five years. The institutions shall annually submit a status report on its approved programs to the board. Programs receiving deferrals from the board shall receive specific conditions that must be met and a timetable for coming into compliance. Programs not approved by the board may not re-apply for at least one calendar year following the board's determination.
When, in the judgment of the board staff, a review or inspection of a degree program is necessary, the board, in conjunction with the applicant institution, shall select and appoint an external evaluation committee to serve in the following manner: (1) The committee shall review the materials submitted by the program, shall, under most circumstances, visit the institution and shall submit a report to the board containing recommendations regarding the programs request for approval. (2) The number of reviews on the committee shall be determined by size, number and level of program(s) being reviewed and shall under no instance have fewer than two academicians. (3) To be eligible to serve as an evaluator, individuals shall have earned at least a master's degree in criminal justice or a closely related discipline. Academic team members shall have professional experience in college-level teaching, research, administration and/or other relevant activities with institutions of higher education. Practitioners shall have at least five years of full-time supervisory and/or administrative experience as a criminal justice practitioner, as well as specific knowledge of or experience in criminal justice education. (4) No person shall serve as an evaluator who is employed by an institution deemed by the board to be in direct competition with the institution under review. (5) No person shall serve as an evaluator who has a present or recent official or unofficial connection with the institution under review, or who the board has reason to believe has independent or pecuniary interest in the outcome of the boards final action. External evaluators shall have a disinterested professional commitment to the task of rendering objective finding and recommendations based upon empirical evidence and informed judgments. (6) Each committee shall have a chair who shall be responsible for providing leadership to the committee, for being the committee's liaison with the institution and for preparing with other committee members, the committee's report. (7) The committee shall submit a written report, including recommendations to the board. Board staff shall forward a copy of said report to the institution to correct factual errors and respond to the content and recommendations within said report. (8) Evaluators will be given an honorarium by the board of higher education and all expenses shall be paid by the institution under review. (9) Evaluators will be provided an orientation prior to conducting reviews.
Annually, each approved institution shall submit two copies of a report to the board reviewing the status of the institution's criminal justice and law enforcement program(s). This report shall certify that the criminal justice program is being maintained and operated with the provisions and guidelines set forth by the board of higher education guidelines for criminal justice and law enforcement programs. If at any time, in the judgment of the board staff, there is a reasonable probability of non-compliance with the board's guidelines by a particular institution, the board may review said institution to determine if continued approval of said institution is proper.
An institution that is in objection of an adverse decision may appeal the board's determination. Said appeal shall be heard by a review panel appointed by the board of higher education and the findings and recommendations of the panel will be received by the board.
Following the implementation of the guidelines for criminal justice and law enforcement programs, as approved by the board of higher education, said board shall certify career incentive pay increases only for students who have graduated from New England Association of School and Colleges accredited or Board Approved law schools and who have passed the Massachusetts Bar Examination."

Floor Number: 266 Clerk Number: 570
QUINN BILL

Ms. Menard moves to amend the bill in section 208 by adding the following words:-

"regular full time police officers of cities and towns hired prior to September 1, 2003 shall be eligible for benefits as provided in c41 s108L in effect on June 30, 2003".

Floor Number: 267 REDRAFT CLERK NUMBER 97
CORPORATE TAX DISCLOSURE

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague move to amend the bill by striking out Section 216 and Section 218.

Floor Number: 268 Clerk Number: 423

Corporate Tax Reporting

Mr. Morrissey moves to amend the bill in Section 216 by inserting at the end of the first

paragraph after the word secretary the following :-

"and provided further the state secretary shall charge a filing fee of $100 per paper filing

or $85 for an electronic filing, and provided further that the first $75,000 of filing fee

shall be retained by the state secretary to cover the cost of employees to administer the

reporting of corporate tax information.

The remainder of the money shall be forwarded to the general fund."

Floor Number: 269 Clerk Number: 230
RELATIVE TO SUBSTANTIATION OF TAX ABATEMENT APPLICATIONS - INTEREST SAVINGS (Section 220)

Ms. Creem moves that the bill be amended by striking SECTION 220 and inserting in place thereof the following:
SECTION 220. Section 37 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
The applicant shall, at the time of filing its abatement application, include and attach to it all supporting information, documents, explanations, arguments and authorities that will reasonably enable the commissioner to determine whether the applicant is entitled to the abatement requested. The applicant shall not be considered to have submitted a completed written abatement application until the date on which all such information reasonably requested from the applicant and reasonably necessary for a decision has been furnished to the commissioner. If the commissioner has made a written request to the applicant for additional information, not then contained in the taxpayer's pending abatement application, and the applicant fails to provide such information within 30 days after such request, or within any extended period allowed by the commissioner, that application shall be considered incomplete and shall be denied without prejudice to its timely renewal. The commissioner shall give such applicant written notice that the denial is based upon the lack of sufficient information to grant the taxpayer's abatement application. In a case in which the commissioner has denied an abatement application based upon incomplete supporting information, no interest under section 40 of this chapter shall begin to accrue upon any such claim which is appealed to the Appellate Tax Board or to a probate court under section 39 of this chapter prior to the date on which a decision on such claim on the merits is rendered by such Board or court in favor of the taxpayer.

Floor Number: 270 Clerk Number: 225
RELATIVE TO TAX OVERPAYMENTS DATE DEFINITION AND INTEREST DUE UPON LATE FILED RETURNS (SECTION 223)

Ms. Creem moves that the bill be amended by striking SECTION 223 inserting in place thereof the following:
SECTION 223. Subsection (a) of said section 40 of said chapter 62C, as so appearing, is hereby amended by inserting, at the end thereof, the following paragraphs:-
For the purposes of this section, the term "date of overpayment" shall mean the later of the date when the commissioner shall have received a properly completed return and full payment of the tax due thereon, or the date when the commissioner shall have received any supplemental information requested from the taxpayer in support of the taxpayer's application for abatement filed in accordance with this chapter. The commissioner shall not refund any tax, interest, penalty or overpayment nor shall the state treasurer make any such refund where any taxpayer fails to file a return within three years of the due date of such return, without regard to extensions.

Floor Number: 271 Clerk Number: 102
INVESTMENT TAX CREDIT EXTENSION

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague move to amend the bill by striking out Section 230 and inserting in place thereof the following new Section:-
"SECTION 230. Section 31A of chapter 63 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out paragraphs (k) and (l) and inserting in place thereof the following 2 paragraphs:-
(k) Paragraphs (a) and (f) shall not be available for the taxable years ending on or after December 31, 1993 but shall be available for the taxable years beginning on or after January 1, 2014.
(l) Paragraphs (i) and (j) shall be available only for the taxable years ending on or after December 31, 1993, but shall not be available for the taxable years beginning on or after January 1, 2014. A corporation shall not be eligible for this credit for more than 24 taxable years."

Floor Number: 272 Clerk Number: 287
CHARTER SCHOOL TUITIONS

Mr. McGee of Lynn moves to amend the bill in Section 234 by adding the following words:-
Notwithstanding the foregoing, the Board of Education shall only approve by appropriate regulations a charter school tuition amount which is less than or equal to the actual cost per pupil, at the pupil's grade level, expended by the town in which the child resides, and in adopting said regulations shall consult with the executive office for administration and finance.

Floor Number: 273 Clerk Number: 420
CHARTER SCHOOL TUITIONS

Mr. Shannon moves to amend the bill in Section 234 by deleting the last sentence in its entirety and inserting in place thereof the following:--
"The legislature shall establish a special commission to study charter school finance and make recommendations for setting an equitable formula that considers the actual cost per student, the variation in cost for different grade levels and different programs, the advisability of establishing a maximum amount for such average cost, and the impact on existing charter schools, other public schools in the district, and new charter schools. Upon adoption, this report shall be utilized by the Board of Education to set charter school tuition rates in the commonwealth. Said commission shall consist of 17 members, including the House and Senate Chairs of the Joint Committee on Education, Arts and Humanities, three members to be appointed by the President of the Senate, of which one shall be a member of the minority party, three members to be appointed by the Speaker of the House of Representatives, of which one shall be a member of the minority party, two members to be appointed by the Governor, one member to be appointed by the State Auditor, and one member to be appointed from each of the following organizations: the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Municipal Association, the Massachusetts Teachers Association, the Massachusetts Federation of Teachers, and the Massachusetts Charter School Association. A copy of the commission's report shall be filed with the clerks of the Senate and the House of Representatives no later than December 31, 2004."

Floor Number: 274 Clerk Number: 216
Registry of Motor Vehicles

Mr. Glodis moves to amend the bill, in Section 244, by inserting after the word "Fund", in line 5, the following words:- ";provided, that the registrar of motor vehicles may expend $6 per citation, not to exceed $1,259,000 in the aggregate, from revenues collected from the surcharge for the purposes of maintaining registry services, without further appropriation."

Floor Number: 275 Clerk Number: 462
INCREASING THE SPEEDING SURCHARGE

Ms. Menard moves to amend the bill in section 244 by adding the following words:-

"provided further that said trust fund receive amounts equal to the previous fiscal year."

Floor Number: 276 Clerk Number: 458
INCREASING THE DUI SURCHARGE

Ms. Menard moves to amend the bill in section 246 by adding the following words:-

"provided further that said trust fund receive amounts equal to the previous fiscal year."

Floor Number: 277 Clerk Number: 188
ELIMINATION OF SPEEDING TICKET APPEAL FEE

Messrs. Hedlund, Tarr and Tisei move to amend the bill in by striking out Section 257.

Floor Number: 278 Clerk Number: 518
REFUNDING OF SPEEDING TICKET APPEAL FEE

Mr. Hedlund moves to amend the bill in section 257 by adding at the end thereof the following:-
"provided, that the fee shall be refunded if the decision of the magistrate is reversed in its entirety.".

Floor Number: 279 Clerk Number: 280
EOEA LEASE AGREEMENTS

"Mr Nuciforo moves to amend the bill in Section 273 by inserting after the word "agreement" the following new words: -"concerning the roadways and boulevards"; and moves to further amend the bill in Section 273 by striking the words:- "or any of its statutory management and maintenance duties and responsibilities"."

Floor Number: 280 Clerk Number: 519
EOEA

Mr. Lees moves to amend the bill in SECTION 273 by striking the words "or other"; and further amends in SECTION 273 by inserting after the word "agreement" the following new words: -- concerning the roadways and boulevards.

Mr. Lees further moves to amend the bill in SECTION 273 by striking the words "or any of its statutory management and maintenance duties and responsibilities".

Floor Number: 281 Clerk Number: 61
DIVISION OF WATER SUPPLY PROTECTION
Mr. Shannon moves to amend the bill, in Section 302, by striking the following words in subsection 2:-
"and the watershed system formerly under the care, custody and control of the division of water resources of the department of environmental management."

Floor Number: 282 Clerk Number: 385
DIVISION OF WATER SUPPLY PROTECTION
Mr. Havern moves to amend the bill, in Section 302, subsection 11, by inserting in the first sentence after the words "authorized charges" the following: -
"relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission".
Mr. Havern moves to further amend the bill in Section 302, subsection 11, by inserting at the end of the third sentence the following: - "relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission".

Floor Number: 283 Clerk Number: 158
CODIFYING THE SANE PROGRAM
Ms. Tucker moves to amend the bill in Section 318 by adding after the words:-
"the department of social services," the following words:- "the office of child care services"

Floor Number: 284 Clerk Number: 228
RELATIVE TO THE SANE PROGRAM

Ms. Creem moves that the bill be amended in Section 318 by striking all language following the word "certification." in line 13 and inserting in place thereof the following:

The Commissioner shall, in consultation with the multi-disciplinary advisory board, establish eligibility requirements for licensed medical professionals for certification as Sexual Assault Nurse Examiners. Said requirements shall include, but not be limited to; current Massachusetts licensure as a registered nurse or medical doctor; a minimum of three years experience in the practice of nursing or as a medical doctor; participation in 45 hours of classroom instruction; passing of a written examination by a score of eighty-five percent or higher; successful completion of pelvic and sexual assault exam preceptorships.

The Commissioner shall, in consultation with the multi-disciplinary advisory board, establish eligibility requirements for annual re-certification of Sexual Assault Nurse Examiners.

The Commissioner shall, in consultation with the multi-disciplinary advisory board, develop uniform standards and protocols for certified Sexual Assault Nurse Examiners to use in conducting forensic exams including protocols regarding reliability of evidence-gathering and cooperation with the district attorney, local law enforcement agencies, local community based social service agencies, and the courts to afford victims the rights and services described in chapter 258B. The Commissioner also shall develop uniform protocols for medical/nursing care-giving, medical testing and prophylactic treatment for possible exposure to sexually transmitted diseases, and appropriate discharge planning with referral to local law enforcement and community based agencies including rape crisis centers and post-discharge follow-up.
(c) In addition to the training and certification program, the Commissioner shall operate a statewide program within the Department of Public Health to deliver Sexual Assault Nurse Examiner services at designated sites throughout the Commonwealth to provide on-call services of certified Sexual Assault Nurse Examiner's patients who seek medical treatment immediately following a sexual assault or rape. The Commissioner shall, in consultation with the multi-disciplinary advisory board, establish eligibility guidelines for site designation. Certified Sexual Assault Nurse Examiners who provide services at a designated acute care hospital site as part of the department's Sexual Assault Nurse Examiner services program shall be regarded as public employees for purposes of Chapter 258 of the General Laws and shall be regarded as an agent of the hospital for purposes of section 12F of chapter 112.
(d) The Massachusetts Department of Public Health may make such rules and regulations as may be necessary for implementation of the provisions of this section.

Ms. Creem moves that the bill be further amended by striking out SECTION 479.

Floor Number: 285 Clerk Number: 482
PHARMACIST'S PENALTIES

Mr. Creedon and Mr. Glodis move to amend the bill by striking out Section 319 in its entirety.

Floor Number: 286 Clerk Number: 490
PROFESSIONAL LICENSURE PENALTIES

Mr. Creedon and Mr. Glodis move to amend the bill by striking out Sections 320 and 321 in their entirety.

Floor Number: 287 Clerk Number: 431
HOLYOKE SOLDIERS' HOME FEES

Messrs. Lees and Melconian move to amend the bill, in section 322, after the word "words:-", by striking out the words "an increase in the daily rate to be paid by each long-term care and domiciliary resident in," and inserting in place thereof the following words:- "including, subject to the approval of the Secretary of Health and Human Services, all charges to each long-term care and domiciliary resident in,"

Floor Number: 288 Clerk Number: 51
EOHHS AUTHORIZATION TO WAIVE ASSET TRANFERS

Messrs. Creedon, Antonioni and Ms. Creem move to amend the bill by striking section 335 in its entirety.

Floor Number: 289 Clerk Number: 220
RELATIVE TO PENALTY PERIOD WAIVER FOR ASSET TRANSFERS

Ms. Creem and Mr. Creedon and Mr. Montigny move to amend the bill by striking Section 335 in its entirety and replacing it with the following:-
SECTION 335. Said chapter 118E of the General Laws, as amended by section 96 of chapter 184 of the acts of 2002, is hereby further amended by inserting after section 9D the following:-
Section 9E. The secretary of health and human services may apply for authority from the Secretary of the United States Department of Health and Human Services, pursuant to section 1115 of the Social Security Act that authorizes the Secretary to waive provisions of Title XIX of the Social Security Act, to implement measures that (1) require excess assets to be spent on health care or other necessary living expenses; (2) to treat annuities similarly to trusts and require the Commonwealth to be a beneficiary to the extent of MassHealth benefits provided; and (3) increase look-back periods, so called, for real estate transfers and transfers into irrevocable trusts; provided that the start date of a period of ineligibility resulting from a transfer of assets shall be the date of the transfer. The division or the department of elder affairs, as appropriate, may by regulation implement one or more of such measures under the terms and conditions approved by the Secretary, provided that the division or the department, as appropriate, shall waive such measures to address hardships as determined by the division or department.

and the bill is further amended by inserting after Section 335 the following new Section:-

"SECTION 335A. The Office of Elder Services, in consultation with the Division of Medical Assistance and the Division of Insurance shall develop a program of public education designed to inform elders of their options for long term care health care coverage and the consequences of transferring assets for less than fair market value prior to entering a nursing home. The program shall include information about Medicare coverage, MassHealth coverage, long term care insurance and options for community-based long term care. The provisions of Section 335 of this act shall be delayed for one year until such education program is implemented.

Floor Number: 290 Clerk Number: 20
PRESERVING HEALTH BENEFITS FOR ELDERLY AND DISABLED LEGAL IMMIGRANTS

Messrs. Moore, Montigny, Creem, McGee, Melconian, Wilkerson, Joyce, O'Leary, Ms. Tucker and Ms. Resor move to amend the bill by striking out Sections 336 and 337 and inserting in place thereof the following new Sections:
SECTION ____. Section 16D of said chapter 118E, as so appearing, is hereby amended by striking out the words "which shall not be less than the same benefits provided on July 1, 1997 to the eligibility group described in clause (g) of subsection (2) of section 9A" and inserting in place thereof the following wording:- "which shall include a program of disease management, as determined by the Division, that will be based on disease acuity and designed to reduce the costs of emergency department care," and by inserting at the end thereof the following new subsections-
(3) Notwithstanding the provisions of subsections (1) and (2), the Division may restrict eligibility to aliens with the exception of the following individuals: those described in subsection (2) (i)-(iv), recipients of emergency assistance for the elderly, disabled and children, children and youth under the age of 19, elderly residents age 65 or older, and individuals of any age who are disabled, blind or chronically ill including certain parents of dependent children who are victims of domestic violence, as determined by the Department of Transitional Assistance, or who otherwise meet the disability criteria for exemption under section 110(e) of chapter 5 of the acts of 1995.
(4) Prior to termination of eligibility under the authority of subsection (3), the Division shall review eligibility to assure that all federally eligible aliens are identified and their costs of coverage reimbursed by the federal Medicaid program to the greatest extent possible consistent with federal law.
(5) The Division shall review all claims for services to aliens to assure that all emergency services are reimbursed by the federal Medicaid program to the greatest extent possible consistent with federal law including coverage for chronic medical conditions which, if left untreated, could reasonably be expected to place the persons' health in serious jeopardy, cause serious impairment to bodily functions, or cause serious dysfunction of any bodily organ or part.
(6) Notwithstanding the authorization in subsection (3), if appropriations permit, the Division shall determine eligibility in accordance with subsection (1) and (2).

Floor Number: 291 Clerk Number: 484
PRIOR AUTHORIZATION FOR MEDICAID PRESCRIPTIONS

Mr. Antonioni moves to amend the bill in Section 338 by adding the following at the end thereof:-
"Provided, however, that prior authorization shall not be required where the recipient has previously been prescribed the generic equivalent of the drug for which they are now seeking prior authorization and such generic equivalent failed to satisfactorily address the recipient's medical condition as determined by the prescribing physician. In all such instances, the prescribing physician shall inform the division as to the recipient's medical history using established notification procedures and such nongeneric drug shall immediately be prescribed. If the division objects to the prescription then such notification shall be made to the prescribing physician and recipient. The division may then proceed with a hearing and during the pendency of the division's appeal the recipient shall continue to be prescribed the nongenric drug."

Floor Number: 292 Clerk Number: 526
PRESCRIPTION DRUGS

Mr. Lees hereby moves to amend the bill by striking out Section 338.

Floor Number: 293 Clerk Number: 445
UNCOMPENSATED CARE POOL ADMINISTRATION - ON-LINE VERIFICATION

Ms. Wilkerson, Mr. Barrios and Mr. Shannon move to amend the bill in Section 363 in line 2 by striking the words "Said determination shall not exceed 20 business days" and inserting in place thereof the following: -
"Such determination shall be implemented on-line"

Floor Number: 294 Clerk Number: 434

AN AMENDMENT RELATIVE TO THE MARINE FISHERIES FUND

Mr. Tarr moves to amend the bill (Senate Bill 2004) by striking Section 393.

Floor Number: 295 Clerk Number: 334
DCR TECHNICAL AMENDMENT

Ms. Resor moves to amend the bill (S 2004) by striking out Sections 409 and 410.

Floor Number: 296 Clerk Number: 66
Seasonal license Approval by the Alcohol Beverage Control Commission

Mr. Morrissey, Ms. Melconian move to amend the bill by striking out Sections 422 and 424;

And move to further amend the bill by striking out Section 425 in its entirety and insert in its place the following new section: -
Section 425 Section 16B of Chapter 138 of the general laws, as appearing in the 2002 official edition, is hereby amended by adding after line 8 the following: -
"; provided however, that first time applications for a seasonal license, or a transfer of a seasonal license under Sections 17A and Section 17B of this chapter must complete the commission approval process within 30 days of receipt by the commission or be granted a provisional license until such time as the commission approval process has been completed. In no event shall such provisional seasonal license be in effect beyond the season for which the application was filed."

Floor Number: 297 Clerk Number: 294
RELATIVE TO CERTAIN FIREARM FEES

Ms. Fargo moves to amend the bill, in Sections 438, 439, 440,441, 442, 443, and 444, at the end of each Section, by adding the following words: -
"Said licensing authorities shall deposit such portion of the fee into the Firearms Record Keeping Fund quarterly, not later than January 1, April 1, July 1 , and October 1 of each year."

Floor Number: 298 Clerk Number: 76

PERMITTING CREDIT TOWARD WEEKLY OVERTIME PAY

Mr. Morrissey moves to amend the bill by inserting, after Section 450, the following new Section:-
"SECTION 450A. Section 1A of Chapter 151 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "production" in line 7 and before the word "shall" in line 8 the following phrase:- and extra compensation paid to employees pursuant to chapter one hundred thirty-six for work performed on Sundays and certain holidays
Said section shall also be amended by adding after the second sentence the following new sentence:- Such extra compensation as required by chapter one hundred thirty-six for work performed on Sundays and certain holidays shall be creditable toward overtime compensation due under this section."

Floor Number: 299 Clerk Number: 255

RTA

Mr. Havern moves to amend the bill by striking out Section 455.

FLOOR NUMBER: 300 CLERK NUMBER: 319
REGIONAL TRANSIT AUTHORITIES BUDGET SUBMISSION PREREQUISITE

Ms. Menard moves to amend the bill by striking out Section 455.