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Ms. Chandler moves to amend the bill in Section 602 (e) by striking out the words "(3) conduct a public hearing in the locality in which the property is located to consider potential reuses and appropriate restrictions if the property parcels exceeds two acres or if the commissioner determines that a hearing should be held for a smaller parcel and shall provide reasonable public notice in advance of the hearing;" and inserting in place thereof the following wording:-
"(3) conduct a public hearing in the locality in which the property is located to consider potential reuses including, but not limited to, the production of affordable housing and appropriate restrictions if the property parcels exceeds two acres or if the commissioner determines that a hearing should be held for a smaller parcel and shall provide reasonable public notice in advance of the hearing;".

Ms. Chandler moves to further amend the bill in Section 602 (g) by inserting after the words "processes and procedures." the following sentence:-
"Proposals that would produce a significant number of units of affordable housing, as determined by the commissioner and by the director of the department of housing and community development, may receive a preference in any competitive process."

Floor Number: 352 Clerk Number: 281
GRANTING LOCAL LICENSING BOARDS THE AUTHORITY TO DETERMINE THE NUMBER OF ALCOHOLIC BEVERAGE LICENSES ISSUED IN A COMMUNITY

Mr. Nuciforo moves to amend the bill by inserting, after Section 425, the following new Section:-
"SECTION 425A. Chapter 138 of the General Laws as appearing in the 2000 Official Edition is hereby amended by striking out sections 17 to 17C, inclusive, and inserting in place thereof the following 2 sections:-
Section 17. Local licensing authorities shall grant licenses issued under sections 12 and15, including seasonal licenses, and shall grant license transfers under section 23 without the approval of the commission. Approval by the local licensing authority shall not be unreasonably withheld.
Section 17A. The number of licenses issued in a city or town under sections 12 and 15 and in force and effect at any 1 time during a license year shall be determined by the city council in cities and the board of selectmen in towns."

Floor Number: 353 Clerk Number: 117
SUNDAY AND HOLIDAY PREMIUM PAY

Messrs. Lees, Havern, Tarr, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. 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: 354 Redraft Clerk Number: 156

CLAIMS AND INDEMNITY PROCEDURE FOR THE COMMONWEALTH, ITS MUNICIPALITIES, COUNTIES AND DISTRICTS AND THE OFFICERS AND EMPLOYEES THEREOF

Mr. Baddour moves to amend the bill by inserting the following new section:
SECTION . In any claim made against the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Massachusetts Turnpike Authority, or a regional transportation authority, for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of such authority while acting within the scope of his office or employment, such authority shall not be liable for any amount in excess of one hundred thousand dollars.

Floor Number: 355 Clerk Number: 401

AN AMENDMENT RELATIVE TO THE CLAIMS AND INDEMNITY PROCEDURE LAW

Mr. Tarr moves to amend the bill (Senate bill 2004) by adding, at the end thereof, the following new section: -
SECTION _____. Section 1 of chapter 258 of the General Laws is hereby amended by striking out the definition of "Public employer" as most recently amended by chapter 537 of the acts of 1983, 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, or including any mosquito control district or project established pursuant to the provisions of section 5A of chapter 252 and located within the department of food and agriculture, and any department, office, commission, committee, council, board, division, bureau, institution, agency or authority thereof 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.

Floor Number: 356 Clerk Number: 17
ADMINISTRATIVE SIMPLIFICATION OF DUPLICATIVE REPORTING

Messrs. Moore, Joyce, Knapik and Ms. Melconian move to amend the bill by adding at the end thereof the following new Section:- SECTION________.
"To reduce the administrative duplication in financial reporting by health care providers, the executive office of Administration and Finance and the Executive Office of Health and Human Services, in consultation with the Massachusetts Hospital Association and other provider associations, shall conduct a study of financial and operational reporting requirements by said providers to state agencies. The study shall identify and recommend methods for minimizing duplicative reporting requirements, including, but not limited to, those found in the Uniform Financial Statements and Independent Auditor's Report (UFR) and the Division of Health Care Finance and Policy 403 cost report. By January 1, 2004, said agencies shall file the findings of the study, together with their recommendations for minimizing reporting requirements, with the House and Senate clerk's offices, House and Senate Committees on Ways and Means and the joint committee on health care."

Floor Number: 357 Clerk Number: 95

COMMONWEALTH BID LIST

Messrs. Lees, Tisei, Tarr, Hedlund and Knapik and Mrs. Sprague move to amend the bill by inserting at the end thereof the following section:-
"SECTION ____. Notwithstanding any general or special law to the contrary, the Secretary of Administration and Finance shall post daily on the Commonwealth's website a list of all public projects for which there is an open bid process. The list shall include the name of each bidder and, if appropriate, the incorporated entity placing a bid and the location of the bidder's principle place of business. The secretary shall also clearly indicate on the website the process by which a prospective bidder may bid on any project, and shall provide detailed instructions and contact information in order to allow for all business entities in the Commonwealth to bid on projects."

Floor Number: 358 Clerk Number: 112
ROLLOVER

Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Mrs. Sprague move to amend the bill by including the following section at the end thereof:-
"SECTION ____. Notwithstanding any general or special law to the contrary, the city council of any city may, on recommendation of the mayor, transfer any amount appropriated for the use of any department to the appropriation for any other department; provided, however, that such transfers may not, in the aggregate, exceed 5% of the annual budget of the department from which the transfer is made. In a town, the selectmen or town council with concurrence of the finance committee or other entity established under section 16 of chapter 39 of the General Laws, may transfer any amount appropriated for the use of any department to the appropriation for any other department; provided, however, that such transfers may not, in the aggregate, exceed 5% of the annual budget of the department from which the transfer is made. Nothing in this section shall be construed to alter the net school spending requirements of chapter 70 of the General Laws."

Floor Number: 359 Clerk Number: 118
TAX APPELLATE BOARD

Messrs. Lees, Tarr, Knapik, Hedlund and Mrs. Sprague move to amend the bill by inserting at the end thereof the following new section:-
"SECTION ___. Chapter 58A of the General Laws, as appearing in the 2000 official edition, is hereby amended by striking out section 5 in its entirety."

Floor Number: 360 Clerk Number: 134
MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION PROCEDURES

Mr. Shannon moves to amend the bill by inserting, after Section 610, the following new Section:
"SECTION ____.
Section 5 of chapter 151B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out all lines from line 23 beginning with the words "If such" through line 66 ending with the words "conciliation and persuasion" and inserting in place thereof the following language:--
"If such commissioner shall determine after such investigation that no probable cause exists for crediting the allegations of the complaint, the commission shall, within ten days from such determination, cause to be issued and served upon the complainant written notice of such determination, and, and the said complainant or his attorney may, within ten days after such service, file with the commission a written request for a preliminary hearing before the commission to determine probable cause for crediting the allegations of the complaint, and the commission shall allow such request as a matter of right; provided, however, that such a preliminary hearing shall not be subject to the provisions of chapter thirty A.such determination shall not be subject to the provisions of chapter thirty A. If such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of a complaint relative to a housing practice, the commissioner shall immediately serve notice upon the complainant and respondent of its their right to elect judicial determination of the complaint as an alternative to determination in a hearing before the commission. If a complainant or respondent so notified wishes to elect such judicial determination, he shall do so in writing within twenty days of receipt of the said notice. The person making such election shall give notice of such election to the commission and to all other complainants and respondents parties to whom the probable cause finding relates. The commission, upon receipt of such notice, shall dismiss the complaint pending before it without prejudice and the complainant shall be barred from subsequently bringing a complaint on the same matter before the commission. If any complainant or respondent in a complaint alleging discrimination in housing elects judicial determination as aforesaid, the commission shall authorize, and not later than thirty days after the election is made the attorney general shall commence and maintain, a civil action on behalf of the complainant in the superior court for the county in which the unlawful practice occurred. Any complainant may intervene as of right in said civil action. If any complainant or respondent in a complaint of discrimination other than housing elects judicial determination as aforesaid, the commission, shall authorize, and not later than thirty days after the election is made, the attorney general shall shall either commence and maintain, a civil action on behalf of the complainant in the superior court for the county in which the unlawful practice occurred, or notify complainant in writing of his or her right to commence such an action. Such civil action shall not be barred by any statute of limitations provided that it is filed within ninety (90) days of the date that the respondent elects judicial determination. Any complainant may intervene as of right in said a civil action brought by the Commission and the Commission may intervene as of right in any civil action brought by any complainant. The Commission may prosecute the complaint in court by one of its attorneys. If the court in such civil action finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section nine. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under said section nine shall also accrue to that aggrieved person in a civil action under this section. If such commissioner shall determine after such investigation that probable cause exists for crediting the allegations of any complaint and no respondent has elected judicial determination of the matter, he shall immediately endeavor to eliminate the unlawful practice complained of or the violation of said clause (e) of said section thirty-two or said sections ninety-two A, ninety-eight and ninety-eight A by conference, conciliation and persuasion.

Floor Number: 361 Clerk Number: 322

NEGOTIATED CONTRACTS

Mr. Rosenberg moves to amend the bill by inserting, after Section ______. The following new Section:-
"SECTION ____. There is hereby established a Collective Bargaining Reserve in the Office of Administration and Finance, into which there shall be deposited at the end of each quarter of the fiscal year any revenues collected by the Commonwealth that are above projected revenues for that quarter. Notwithstanding any general or special law to the contrary, the funds contained therein shall be used to fund collective bargaining agreements that were approved and signed by both the Commonwealth and the employee's representative prior to December 31, 2001 and have not yet been funded. Collective bargaining agreements eligible for this funding will be funded in the order in which they were signed. When there are sufficient funds to honor the agreements, the Collective Bargaining Reserve will be terminated and all remaining funds will revert to the general fund.

Floor Number: 362 Clerk Number: 480
REVENUE OPTIMIZATION PROGRAM

Mr. Knapik moves to amend the bill by inserting, after Section___ , the following new Section:-
" SECTION___. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 29 I the following new section:-
Section 29J. Notwithstanding the provisions of any general or special law to the contrary, except for sections 52 to 55, inclusive, of chapter 7 of the General Laws, the commissioner of administration shall in each fiscal year identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth.
For the purposes of this section, "department" or "participating department" shall refer to any department, agency, board, commission, office, or institution under the executive control of the governor or other constitutional officer and determined by the commissioner to be participating in the revenue optimization projects authorized by this section; allocations to participating departments for the successful implementation of revenue optimizing projects, as determined by the commissioner, shall be known as "department incentive payments"; payments to private vendors for services in identifying and pursuing projects to optimize revenue shall be known as "vendor participation payments"; and non-tax revenue payments, and other charges directed to the Maximization Fund established by section 2R, shall be known as "net additional revenue."
The commissioner or his designee is authorized to contract with private vendors and to enter into interdepartmental service agreements to identify and pursue said projects. Private vendors shall be compensated from the non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project.
Departments shall be awarded department incentive payments pursuant to this section only if both (1) the collection of a fee or any other non-tax revenue during the fiscal year is greater than the amount of revenue collected from said fee or other non-tax revenue during the preceding year, the base period, so called, and (2) the total non-tax revenue collected by such department in the fiscal year is in excess of the amounts projected for each department in section 1B of the general appropriation act of the fiscal year, or alternatively in excess of the most recent revenue estimate, should there be one, from the fiscal affairs division. Revenues that are attributable to a new fee or a newly reimbursable service or clientele shall be considered to have base period revenue of zero.
The comptroller shall deposit in the Maximization Fund all revenue pursuant to the provisions of this section and may allocate from said fund without further appropriation at the direction of the commissioner, department incentive awards to participating departments an amount not to exceed 20 per cent of the total net additional revenue. Seventy-five per cent of said allocations shall be distributed to participating departments in proportion to the revenue collected by each individual department as a per cent of the total revenue collected under the provisions of this section. The remaining 25 per cent shall be distributed to participating departments at the discretion of the commissioner, regardless of the amount of revenues collected by the individual departments. The comptroller shall transfer to the General Fund at the close of the fiscal year any balance remaining in the Maximization Fund after providing for said allocations to participating departments, vendor participation payments, and other charges to said Maximization Fund; provided, however, that no expenditure shall be made from said Maximization Fund that would cause said fund to be in deficit at the close of the fiscal year.
Departments may expend department incentive payments without further appropriation after obtaining the written approval of the commissioner or his designee of a plan detailing proposed expenditures, allocations, and reallocations provided that approved plans must be filed with the house and senate committees on ways and means not less than ten days in advance of any such allocation or reallocation. All expenditures made pursuant to the provisions of this section shall be for one-time expenses that shall not recur in the current or a subsequent fiscal year, and shall not be used to supplant purposes authorized in any other item or appropriation act enacted in the current or a subsequent fiscal year. Any unexpected balance from said allocations at the end of each fiscal year shall, at the discretion of the commissioner or his designee, revert to the General Fund except to the extent that said approved spending plan includes multi-year expenditures.
The comptroller and the commissioner shall report, not later than January 31 of each year, to the house and senate committees on ways and means on the status of the revenue optimization projects authorized by this section for the six-month period ending the preceding month. Said report shall detail, by vendor, project, and department, the amount of vendor participation payments, the net additional revenue retained by the commonwealth, the amounts allocated or reallocated to each participating department, and the estimated receipts, payments, and allocations for the fiscal year.
The comptroller and the commissioner shall report to the house and senate committees on ways and means, not later than September 30 of each year, the preceding detailed information for the fiscal year just ended, and include a plan detailing, by executive office and department, the net additional revenue estimated to be collected in the fiscal year under the provisions of this section."

Floor Number: 363 Clerk Number: 489

STATE EMPLOYEE EFFICIENCY AND COST-SAVINGS INCENTIVE PROGRAM

Mr. Knapik moves to amend the bill by inserting after Section ____ the following Section:-
"SECTION ____. The secretary for administration and finance shall develop and implement a state employee efficiency and cost-savings incentive program, herein referred to as the incentive program, to encourage agency managerial personnel to identify innovative approaches to current state government methodology and procedures. The secretary shall promulgate regulations for the implementation of the incentive program, and shall post said regulations on the state website.

For the purposes of this section, "agency" shall mean that state entity at which the applicant is employed. "Applicant" shall mean those employees determined to be managerial level personnel by the division of human resources. All managerial personnel at any state entity shall be eligible for the incentive program.
Any state managerial personnel wishing to submit a proposal for consideration by the secretary shall do so in writing. The proposal must meet with criteria as determined by the secretary, and must include a time frame for implementation. If approval is granted as feasible, the secretary shall notify the applicant as well as the director of the applicant's agency.
Savings from any measure implemented shall be documented by the agency and submitted to the secretary by January 15 of any given year, regardless of the status of the implementation process. Any savings attributed to the measure shall be transferred from the subsidiary in which the savings were incurred to the AA subsidiary for disbursement. The secretary shall submit a report of statewide savings due to the incentive program to the clerks of the senate and the house by March 15 of any given year.
Upon receipt of the detailed cost-savings and efficiency achieved by the applicant's plan, the secretary may authorize an incentive bonus of fifty percent of the savings attributed to the applicant's cost-saving plan, not to exceed $1000. Employees may submit multiple proposals, but shall only receive two incentive payments per fiscal year for two separate proposals. No applicant shall receive more than one payment over a period of one or more fiscal years for the cost-savings realized from a single proposal.

The secretary may authorize payment of the bonus in the fiscal year following the implementation if the savings from the measure were determined to reach fruition at the end of the current fiscal year, or if the proposal were to require more than one fiscal year to realize completion of implementation."

Floor Number: 364 Clerk Number: 533

PROMOTING THE PURCHASE OF MASSACHUSETTS AGRICULTURAL PRODUCTS

Mr. Pacheco moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ___ . Chapter 7 of the General Laws is hereby amended by inserting after
section 23A the following section:-
Section 23B. (a) Notwithstanding sections 22 to 23A, inclusive, and to the extent permitted by federal law, a state agency or a state authority may, when purchasing agricultural products, including but not limited to fruits, vegetables, eggs, dairy products and crops, make a preference for such products produced or harvested in the commonwealth, all other considerations being equal.
(b) Where a state agency or state authority makes a preference for agricultural products produced or harvested in the commonwealth, the state purchasing agent responsible for procuring such agricultural products on behalf of the state agency or state authority shall effectuate such preference unless the agent determines that:
(1) procurement of agricultural products produced or harvested outside of the commonwealth is essential;
(2) an agricultural product is not produced, harvested or otherwise available from any producer in the commonwealth at the time of the procurement; or
(3) compliance with this section would eliminate the only bid or offer of an agricultural product or would result in inadequate competition.
SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after section 19 the following section:-
SECTION 20. (a) Notwithstanding sections 1 to 19, inclusive, and to the extent permitted by federal law, a government body may, by a majority vote, make a preference for agricultural products, including but not limited to fruits, vegetables, eggs, dairy products and crops, produced or harvested in the commonwealth when procuring such products pursuant to its authority, all other considerations being equal.
(b) Where a government body by a majority vote makes a preference for the procurement of agricultural products produced or harvested in the commonwealth, the chief procurement officer or procurement officer responsible for procuring such agricultural products on behalf of the government body shall effectuate such preference unless the officer determines that:
(1) procurement of agricultural products produced or harvested outside of the commonwealth is essential;
(2) an agricultural product is not produced, harvested or otherwise available from any producer in the commonwealth at the time of the procurement; or
(3) compliance with this section would eliminate the only bid or offer of an agricultural product or would result in inadequate competition.

Floor Number: 365 Clerk Number: 538

OFFICE OF ADMINISTRATIVE HEARINGS

Mr. Lees of East Longmeadow moves that the bill be amended by inserting after section 194 the following section:
SECTION 194A. Chapter 30A of the General Laws, as appearing the 2000 Official Edition, is hereby amended by inserting after section 9 the following new section:-
Section 9A. (a) Notwithstanding any general law, special law or regulation to the contrary, there is hereby established within the executive office for administration and finance, but not subject to its control, an office of administrative hearings, hereinafter designated the office. The said office will serve as an independent agency within the executive office for administration and finance for purposes of conducting all administrative hearings in contested cases, excluding permitting, licensing and rate setting functions, before those state agencies and other governmental entities that may be expressly included herein.
(b)(1) In addition to the foregoing, the office:
(i) shall conduct such alternative dispute resolution procedures as shall be required hereunder;
(ii) shall conduct administrative hearings in matters for which the office is required to conduct such hearings under other provisions of law;
(iii) may, for a fee and under contract, engage in administrative hearings or alternative dispute resolution procedures in matters voluntarily referred to the office by any state, county or local governmental entity.
(2) All functions, duties, authority and jurisdiction heretofore exercised (a) by the division of administrative law appeals under section 4H of chapter 7 and other applicable statutes and regulations; (b) by the appellate tax board under chapter 58A and other applicable statutes and regulations; (c) by the office of dispute resolution pursuant to section 51 of chapter 7 and other applicable statutes and regulations; and (d) by the civil service commission pursuant to chapter 31 and other applicable statutes and regulations are hereby transferred to and vested in the said office. The agencies specified in this section shall have no separate existence apart from the office of administrative hearings. Commencing with the effective date hereof, all cases heard pursuant to this paragraph shall be subject solely to the provisions and procedures set out in this chapter and all cases pending before the agencies prior to the effective date of this act shall be transferred for hearing to the office.
(c)(1) The office shall be under the general supervision and direction of a chief administrative law judge who shall be an attorney-at-law of the commonwealth for no less than six years and who shall otherwise be suited for the position by virtue of his experience. The chief administrative law judge will be appointed by the governor for a term of six years and shall be eligible for reappointment.
(2) In addition to other duties the chief administrative law judge shall:
(i) protect and ensure the decisional independence of each mediator, hearing officer and administrative law judge;
(ii) adopt a suitable code of conduct, and monitor the quality of all alternative dispute resolution and administrative hearings conducted by the office;
(iii) initiate proceedings for the removal of any mediator, hearing officer or any administrative law judge on grounds that shall include misconduct, material neglect of duty, inability to perform required duties, or incompetence in the conduct of office;
(iv) promulgate rules for reasonable sanctions, including the assessment of fines, costs and attorney's fees which may be imposed on a party, an attorney, or other representative of a party who, without just excuse, fails to comply with any procedural order or with any standard or rule applying to a contested case, or exhibits misconduct that obstructs or tends to obstruct the conduct of any contested case;
(v) promulgate rules to insure an appropriate level of confidentiality in administrative hearings as may be warranted by extraordinary circumstances; and
(vi) promulgate such rules of procedure as required to implement the provisions of this chapter.
(3) There will be an executive director who shall be the administrative head of the office. In consultation with the director, chief hearing officer and chief administrative law judge, as appropriate, and except as otherwise provided herein, the executive director shall:
(i) administer and cause the work of the office to be performed in such manner and pursuant to such programs as may be appropriate;
(ii) organize the office and establish such administrative units as may be required or appropriate;
(iii) hire, assign and reassign administrative and support personnel within the office;
(iv) enter into contracts on behalf of the office;
(v) establish training programs and continuing education for mediators, hearing officers, and administrative law judges;
(vi) establish a schedule of fees and chargebacks for entry and other purposes as well as criteria under which a claimant may seek the waiver of fees predicated upon hardship;
(vii) establish criteria upon which to perform an annual review of each mediator, hearing officer and administrative law judge; and
(viii) to the extent not otherwise provided herein, prescribe such time standards as needed to assure prompt hearing and resolution of all pending matters.
(d)(1) There shall be within the office: (a) a division of alternative dispute resolution under the supervision of a director; (b) a division of hearing officers under the supervision of a chief hearing officer; and (c) a division of administrative law appeals, under the supervision of a chief administrative law judge, that will sit as a board of appeals as provided herein.
(2) Unless otherwise specified, mediators, hearing officers and administrative law judges of the agencies to which this chapter is made applicable, shall become employees of the office of administrative hearings.
(3) There shall be within the office, a division of alternative dispute resolution under the supervision of a director who shall be appointed by the secretary for administration and finance with the approval of the governor to a term of six years, and who shall be eligible for reappointment. The director shall be a person who is suited for the position by virtue of education and experience. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment. The director shall appoint such mediators as may be necessary to carry out the duties and functions of the division. Said division shall seek to resolve by means of mediation all disputes in advance of any administrative hearing, and shall perform such other duties as the chief administrative law judge may from time to time propose. Parties to contested matters filed with the office shall be required to participate in alternative dispute resolution proceedings prior to hearing; provided however, that an option shall be provided by rule, to forego such alternative dispute resolution proceedings where not permitted by collective bargaining agreements or otherwise.
(4) There shall be within the office, a division of hearing officers under the supervision of a chief hearing officer who shall be appointed by the secretary for administration and finance with the approval of the governor to a term of four years and who shall be eligible for reappointment. The chief hearing officer shall be a person who is suited for the position by virtue of education and experience. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment. All contested hearings shall be conducted by hearing officers who shall be appointed by the chief administrative law judge in consultation with the chief hearing officer, and who shall be persons suited for the position by virtue of education and experience. The said hearing officers shall conduct hearings in accordance with this chapter and shall have the following additional authority in connection with contested administrative hearings:
(i) to administer oaths to any and all persons;
(ii) to compel by subpoena the attendance of witnesses and the production of books, records, accounts, papers, and documents of any person or persons;
(iii) to entertain objections to subpoenas;
(iv) to rule upon objections to subpoenas except, that an order of any hearing officer may be reviewed by a three member board of administrative appeals before the completion of the contested case in accordance with procedural rules adopted by the chief administrative law judge; and
(v) to examine an individual under oath.
(5) There shall be within the office a division of administrative law appeals whose associate administrative law judges shall be attorneys-at-law of the commonwealth for no less than 5 years and who shall otherwise suited for their positions by virtue of their experience. The said associate members shall appointed by the secretary for administration and finance with the approval of the governor for terms of six years and shall be eligible for reappointment. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment. The division shall consist of a chief administrative law judge and associate administrative law judges who shall serve on three-member panels, as shall be designated by the chief administrative law judge, to hear appeals from the division of hearing officers.
(6) Contested hearings hereunder shall be conducted by a designated hearing officer pursuant to such rules of procedure as the chief administrative judge shall cause to be made and promulgated. The parties shall not be bound by the rules of evidence. All relevant evidence shall be admissible, except as otherwise provided herein. The hearing officer may in his discretion exclude any evidence if he determines that its probative value is substantially outweighed by the risk that its admission, will either necessitate undue consumption of time, or create substantial danger of undue prejudice or confusion. The hearing officer will give effect to the rules of privilege recognized by law. Any party in a contested case may present his case by oral or documentary evidence, submit rebuttal evidence and conduct such cross examination as may be required in the discretion of the hearing officer, for a full and true disclosure of the facts.
(7) A board of appeals consisting of three administrative law judges shall convene as soon as may be practicable to hear the appeal from the division of hearing officers. The board shall affirm the decision of the hearing officer unless it finds after consideration that such decision is clearly erroneous based upon all the evidence and relevant law.
(8) The Superior Court shall have jurisdiction of appeals from the board of appeals in all matters in which the amount claimed exceeds $25,000 in accordance with chapter 30A. The District Court shall have jurisdiction of appeals from the board of appeals in all matters in which the amount claimed is $25,000 or less. Appeals to the District Court shall proceed in the same manner as appeals in the Superior Court under chapter 30A.
(9) The office may provide services on a contract basis to any state, county or local governmental entity, including districts and authorities, to provide alternative dispute resolution services or conduct any hearing not otherwise covered by this chapter. To this end, the executive director may enter into contracts with such entities and they may contract with him. Such services shall be provided pursuant to an established fee schedule developed by the executive director, and updated as circumstances warrant.
(10) Commencing July 1, 2004, this chapter shall be made applicable to each of the following state agencies to the extent that it employs or engages one or more commissioners, hearing officers, administrative law judges or other personnel in the adjudication of contested cases, unless specifically exempted herefrom by executive order:
(i) Department of Employment and Training;
(ii) Department of Education, Bureau of Special Education Appeals;
(iii) Department of Environmental Protection;
(iv) Department of Social Services;
(v) Department of Telecommunications & Energy;
(vi) Department of Youth Services;
(vii) Division of Insurance;
(viii) Division of Medical Assistance;
(ix) Division of Professional Licensure;
(x) Energy Facilities Sitting Board;
(xi) Massachusetts Highway Department.
(11) Except as provided otherwise within this chapter, commencing July 1, 2005 this chapter shall be made applicable to each agency that employs or engages one or more commissioners, hearing officers, administrative law judges, or other personnel in the adjudication of contested cases, unless specifically exempted by executive order.
(12) Initial appointments upon the effective date of this act shall be on a staggered basis as follows:
(i) Director of the Division of Alternative Dispute Resolution, 2 years;
(ii) Chief hearing officer, 3 years; and
(iii) Chief administrative law judge, 4 years; associate administrative law judges, one-third to be appointed to 4 year terms, one-third to 5 year terms and one-third to 6 year terms.
Thereafter, reappointments or new appointments, other than those to fill a vacancy, shall be for 6 year terms; provided, however, that all existing administrative law judges upon the effective date of this act shall continue to serve the remainder of their terms.

Mr. Lees of East Longmeadow moves that the bill be amended in section 2 by striking out items 1108-1011, 1100-1103, 1110-1000, and 1310-1000 and inserting in place thereof the following item:
1110-1000 For the operation of the office of administrative hearings……………$2,448,145

Mr. Lees of East Longmeadow moves that the bill be amended in section 2 by striking out item 1100-1104 and inserting in place thereof the following item:
1100-1104 The office of administrative hearings may expend an amount not to exceed $436,381 in revenues collected from fee charged to cities, towns or public instrumentalities and other political subdivisions of the commonwealth or to corporations and individuals for the costs of mediation and related services; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the office of administrative hearings may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the cost of personnel………………………………………………………………………$436,381

Mr. Lees of East Longmeadow moves that the bill be amended in section 2, in item 1310-1001, in line 1, by striking out the following "The appellate tax board"
and inserting in place thereof the following:- "The office of administrative hearings."

Mr. Lees of East Longmeadow moves that the bill be amended in section 2, in item 1310-1001, in line 3, by striking out the following "The board".
and inserting in place thereof the following: "The office".

Mr. Lees of East Longmeadow moves that the bill be amended in section 2, in item 1100-1108, in line 1, by striking out the following:- "the office of dispute resolution"
and inserting in place thereof the following:- "the office of administrative hearings"


Floor Number: 366 Clerk Number: 544
BROAD TRANSFERABILITY

Mr. Lees hereby moves to amend the bill by inserting after section 610 the following section:

Section _____: "Notwithstanding the provisions of any general or special law to the contrary, cabinet secretaries, the secretary of the commonwealth, and the treasurer and receiver-general, are hereby authorized to transfer the following amounts, subject to the following conditions, between any budgetary direct appropriations in section 2 of this act under said secretariat or constitutional office:
up to 5 per cent or $1,000,000, whichever is less, with 10 day prior notification to the secretary of administration and finance;
an additional 20 per cent or $4,000,000, whichever is less, with prior approval by the secretary of administration and finance and prior notification to the chairmen of the house and senate committees on ways and means;
an additional 25 per cent or $5,000,000, whichever is less, with prior approval by the secretary of administration and finance and not sooner than 20 days after notification to the chairmen of the house and senate committees on ways and means, provided no written denial of said transfer has been received from either of said chairmen, and;
an additional 50 per cent or $10,000,000, whichever is less, with prior written approval from the secretary of administration and finance and the chairmen of the house and senate committees on ways and means;
provided, that said cabinet secretaries, the secretary of the commonwealth, and the treasurer and receiver-general certify to the secretary of administration and finance and the chairmen of the house and senate committees on ways and means that any such transfer will not cause a reduction in non-tax revenue credited to the Commonwealth, and any such transfer will not cause an account to be insufficient to meet its intended purposes."

Floor Number: 367 Clerk Number: 39

NORTH SHORE COMMUNITY COLLEGE

Mr. Berry moves to amend the bill by adding at the end thereof the following new Section:-
SECTION . Section 191 of Chapter 159 of the Acts of 2000 is hereby amended by striking, in Section 22, in lines 6 and 7, the phrase "and the payment of reasonable charges by said college for such use" and inserting in place thereof the following:-
"provided, however, that the assets of said institute that are associated with said program shall be available, at no cost, to said college."

Floor Number: 368 Clerk Number: 123
CLARA BARTON NURSE EXCELLENCE PROGRAM

Mr. Moore moves to amend the bill by inserting at the end thereof the following new section:- SECTION_______.

SECTION 1. Chapter 15A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 19E, the following sections:

Section 19F. The board of higher education is authorized and directed to establish a student loan repayment program, to be known as the Clara Barton Nursing Loan Repayment Program, for the purpose of encouraging outstanding students to work in the profession of nursing or to teach nursing within the commonwealth by providing financial assistance for the repayment of qualified education loans, as defined herein. The board shall adopt guidelines governing the implementation of the program, which shall include, but need not be limited to, the following:

(1) eligibility for the program shall be limited to persons who have graduated in the top twenty-five percent of their practical or diploma nursing program, undergraduate, or graduate class, as certified by the college, university, or school of nursing attended by such applicant;
(2) eligibility shall be limited to persons licensed to practice nursing in the commonwealth and entering the nursing profession after September first, two thousand one, or to persons entering the teaching of nursing profession at a college, university, or school of nursing within the commonwealth after such date;
(3) the commonwealth shall repay a participants' student loan at a rate not to exceed two hundred dollars per month for a period not to exceed forty-eight months. Participants who work less than full time shall receive loan repayment amounts in direct proportion to the percentage of full time worked;
(4) repayment shall be made to the participant annually upon the presentation by the participant of satisfactory evidence of payments under the loan;
(5) payments by the commonwealth shall cover only loan payments made by the participants in the months during which the participant is employed as a nurse in, but not limited to, acute care hospitals, public health hospitals, psychiatric and mental health clinics or hospitals, community or neighborhood health centers, rehabilitation centers, nursing homes, or as a home health, school or public health nurse in the commonwealth, or is employed to teach nursing at a college, university, or school of nursing in the commonwealth. Payments by the commonwealth shall not commence until participants have been employed as nurses in the commonwealth, or teachers of nursing at a college, university, or school of nursing in the commonwealth, for a period of one year. Participants must be employed as nurses in the commonwealth, or as teachers of nursing at a college, university of school of nursing in the commonwealth, for a minimum period of four years during the loan repayment period, or reimburse the commonwealth for the expense incurred during the repayment period.
(6) in the case of those employed as nurses, the board may limit the program to those who work in communities designated by the department of public health, in consultation with the federal department of health and human services and the center for health professions at Worcester State College, as underserved communities;
(7) the program shall set forth an affirmative action policy and specific annual affirmative action goals. The board shall annually publish a report detailing its efforts to publicize the loan repayment program in order to advance the goals of this affirmative action policy and its success in meeting those goals.
The term "qualified education loan" shall mean any indebtedness including interest on such indebtedness incurred to pay tuition or other direct expenses incurred in connection with the pursuit of a practical or diploma nursing program, an associate's, baccalaureate, or graduate degree by an applicant, but shall be limited to any loan which was or is administered by the financial aid office of a practical or diploma nursing program, two year or four year college, university, or school of nursing at which the applicant was enrolled as a practical or diploma nursing school student, or as an undergraduate or graduate student, and which loan has been secured through a state or federal student loan program, or which was or is administered by a commercial or institutional lender.
Section 19G. The board of higher education is authorized and directed to establish an expert nursing corps program, to be known as the Clara Barton Expert Nursing Corps Program, for the purpose of building a group of recognized nurses of high achievement in the profession who shall serve to mentor incoming or novice nurses and to further the goals of the nursing profession. The board shall adopt guidelines governing the implementation of the program. Such guidelines shall include, but need not be limited to, the following provisions:
(1) the board may select expert nurses who achieve such status by obtaining specialty, modular, or advanced practice certification from the American Nurses Credentialing Center, who remain in good standing with the board of registration in nursing, who are current on their continuing education units, and who agree to mentor incoming or novice nurses. The board may develop and include alternatives to such American Nurses Credentialing Center program provided such alternatives maintain equivalent or higher standards of excellence in the practice of nursing;
(2) the board may provide expert nurses with partial or full reimbursement for the assessment costs of said American Nurses Credentialing Center certification. The board shall provide expert nurses with ongoing salary bonuses. Such ongoing salary bonuses shall be limited to $5,000 per year not to exceed ten years; provided, that such expert nurses continue to remain in good standing with the board of registration in nursing and employed in nursing in the commonwealth, and continue to mentor incoming or novice nurses. The board may authorize a nominal payment, in addition to the bonus to the expert nurse, to the health care facility, school district, local health agency, home health agency, or nursing home in Massachusetts of such expert nurse to facilitate time for the expert nurse to engage in mentoring activity; provided further, that said health care facility, school district, local health agency, home health agency, or nursing home in Massachusetts shall continue the expert nurse's salary at a level irrespective of the expert nurse's salary bonus;
(3) the board shall set forth an outreach plan to attract underrepresented populations and nurse specialists in the nursing profession in areas which are designated by the department of public health, in consultation with the federal department of health and human services and the center for health profession at Worcester State College, as underserved communities.
Section 19H. The board of higher education shall make available grants to institutions of higher education and health care institutions in the commonwealth for the purpose of fostering partnerships between higher education institutions and clinical agencies that promote the recruitment and retention of nurses. Such grants may also be made available to such institutions for the purpose of establishing and maintaining nurse mentoring or nursing internship programs. The board shall adopt guidelines governing the implementation of this section.
Section 15I. The board of higher education is authorized and directed to establish a scholarship program, to be a known as the Clara Barton Scholarship Program, to provide students in approved Massachusetts' colleges, universities and schools of nursing with scholarships for tuition and fees for the purpose of encouraging outstanding Massachusetts' students, to work as nurses in, but not limited to, acute care hospitals, psychiatric and mental health clinics or hospitals, community or neighborhood health centers, rehabilitation centers, nursing homes, or as a home health, school or public health nurse in the commonwealth, or to teach nursing in colleges, universities, or schools of nursing in the commonwealth. The board shall adopt guidelines governing the implementation of the program.
Colleges, universities, and schools of nursing in the commonwealth may administer the Clara Barton Scholarship Program and select recipients, in accordance with guidelines adopted by the board. Scholarships may be made available to full or part time matriculating students in courses of study leading to a degree in nursing or the teaching of nursing. Recipients shall be residents of the commonwealth and outstanding prospects based on objective measures such as leadership skills, clinical knowledge, class rank, test scores, grade point average, income need and such other criteria as the board may determine. In any given year, the board may target awards to students from geographic and nurse specialty areas in the commonwealth determined by the department of public health, in consultation with the federal department of health and human services, and the center for health professions at Worcester State College, to be areas experiencing an acute shortage of nurses. Scholarship recipients at any public or private institution of higher education in the commonwealth shall receive no more than a $3,500 scholarship for each academic semester that the recipient remains enrolled at such institution and remains in good standing. The names of recipients of such scholarships shall remain confidential, unless the recipient waives such confidentiality in writing.

The board may also provide a scholarship recipient with a housing voucher, in such form and manner as the board may determine, which shall be equal to not more than two hundred dollars per month, that may be utilized by the recipient to assist in paying housing costs, including rent or mortgage payments, while such recipient is enrolled in good standing in the college, university, school of nursing.
The board, in coordination with the board of education and Massachusetts' colleges, universities and schools of nursing, shall aggressively market the existence of the program to high school students and to non-traditional students to encourage outstanding candidates to apply to nursing or the teaching of nursing programs in institutions of higher education in the commonwealth. Such marketing shall focus on candidates who would otherwise not consider a career in nursing or the teaching of nursing. The board shall set forth an outreach plan to attract underrepresented populations to the nursing profession.
Recipients must be employed as a nurse in the commonwealth, or teacher of nursing at a college, university, or school of nursing in the commonwealth, for a minimum period of two years following graduation. Recipients who participate in the program but do not complete their college education within seven years of entering college, or who fail to complete their two year nursing commitment within seven years following graduation from college, or whose license to practice in Massachusetts is not maintained in good standing, or those who fail to complete their two year teaching commitment within seven years following graduation from college or from a graduate school, if such is required for teaching nursing at a college, university or school of nursing, shall be obligated to repay the commonwealth any tuition, fees, and housing voucher payments advanced to them, with interest set by the board.

SECTION 2. Chapter 10 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following section:
Section 64. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Clara Barton Nursing Excellence Trust Fund. Said fund shall consist of all revenues from public and private sources as appropriations, gifts, grants, donations, and from the federal government as reimbursements, grants-in-aid or other receipts to further the purposes of said fund in accordance with the provisions of sections 19F through 19I, inclusive, of chapter 15A, and any interest or investment earnings on such revenues. All revenues credited to said fund under this section shall remain in said fund and shall be expended, without further appropriation, for applications pursuant to sections 19F through 19I, inclusive, of chapter 15A. The state treasurer shall deposit and invest monies in said fund in accordance with the provisions of sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return consistent with the safety of the fund. Said fund shall be expended only for the purposes stated in said sections 19F through 19I, inclusive, of said chapter 15A, at the direction of the chancellor of the system of public higher education, hereinafter referred to as the chancellor. On February 1 of each year, the state treasurer shall notify the chancellor of any projected interest and investment earnings available for expenditure from said fund for each fiscal year.

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, any state or community college, or the University of Massachusetts may enter into employment contracts for a minimum period of five years with faculty members who teach nursing at such institutions, unless both parties agree to a shorter term of employment.
SECTION 4. The board of higher education shall establish an advisory committee consisting of seven members whose membership shall be comprised of professionals representing the nursing profession. At least one half of the membership of the committee shall be nursing educators from higher education institutions and the remaining members shall be nurses in practice. The advisory committee shall advise the board as to the practice of nursing and how to implement the provisions of this act in a manner that would best benefit the profession of nursing and fulfill the goals of recruiting and retaining people to the profession of nursing.

Floor Number: 369 Clerk Number: 306

MASS HEFA ENABLING STATUTE

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

SECTION 1. Section 11 of chapter 614 of the acts of 1968, as most recently amended by section 4 of chapter 268 of the acts of 1980, is hereby amended by striking out the first sentence and inserting in place thereof the following new sentence: - In the discretion of the authority, any revenue bonds issued under the provisions of this act may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank chartered or incorporated in the United States and having the powers of a trust company or bank.

SECTION 2. Section 11 of chapter 614 of the acts of 1968, as so appearing, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following: Any bank or trust company or such savings bank which may act as depository of the proceeds of bonds or of such revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the Authority.

Floor Number: 370 Clerk Number: 548

APPROPRIATION FOR TUITION - STATE AND COMMUNITY COLLEGES

Mr. Rosenberg moves to amend the bill by inserting after Section 58 the following new section:-

"SECTION 58B. There is hereby appropriated from the general fund $37,300,000 for a reserve to support the operation and maintenance of public state and community colleges in the commonwealth. Said amount shall be in addition to, and subject to the same terms and conditions of, appropriations for said operation and maintenance made in Section 2 of this Act. Such funds shall be disbursed to each campus, by the state comptroller, in an amount equal to the amount projected to be received in tuition by each campus during fiscal year 2004; provided, that this section shall not take effect if Section 58 of this act, or any other provision of law which provides for full tuition retention by said public state and community colleges, becomes effective as part of the General Appropriation Act for fiscal year 2004.

Floor Number: 371 Clerk Number: 116

SPRINGFIELD PUBLIC LIBRARY

Messrs. Lees, Knapik and Hedlund move to amend the bill by inserting at the end thereof the following new section:-
"SECTION ____. Section 19C of chapter 78 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after clause (4) the following clause:-
(4A) In addition to the sums provided in clause (3) the Springfield Public Library, as the library of last recourse for reference and research services for the western regions of the Commonwealth, shall be entitled to receive in state aide the sum of $1.06 for each resident of western Massachusetts; consisting of the counties of Hampden, Hampshire, Berkshire and Franklin."

Floor Number: 372 Clerk Number: 149

NORTHERN ESSEX COMMUNITY COLLEGE TECHNOLOGY BOND APPROPRIATION

Mr. Baddour moves to amend the bill by inserting, after Section ___ the following new Section: -
"SECTION ___. Not withstanding any special law or act to the contrary, the Secretary of Administration and Finance shall authorize funding from the full state capital bond appropriation of $7,500,000.00 under Chapter 267 of the Acts of 1995, line item 7510-7961, for the Northern Essex Community College Fine Arts and Technology Building, and related site work, all to be located at the College's Haverhill, Massachusetts Campus. Said Secretary of Administration and Finance shall proceed and provide all necessary authorizations to complete this capital building project and accordance with approvals provided on December 23, 2002 by the Division of Capital Asset Management and accordance with the provisions of Massachusetts general laws Chapter 7.

Floor Number: 373 Clerk Number: 336
CAPITAL AND FACILITY NEEDS ASSESSMENT FOR THE
NORTH SHORE COMMUNITY COLLEGE

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

SECTION ___ Notwithstanding the provisions of any other general or special law to the contrary, not less than $300,000 of the amount appropriated in line-item 7511-7961 in section 2 of Chapter 267 of the Acts of 1995 shall be expended for the purpose of conducting a study to create a master plan that would assess the capital and facility needs of the T.W. McGee Building and other buildings located on the Lynn campus of North Shore Community College and that would analyze the feasibility of allowing North Shore Community College to enter a multi-year agreement with private entities relative to capital and facility needs at the aforementioned site.

Floor Number: 374 Clerk Number: 243
AMENDING LINE ITEM IN TRANSPORTATION BOND BILL:

Mr. Tisei and Mr. Shannon move to amend the bill by adding at the end thereof the following section:-
SECTION . Chapter 246 of the Acts of 2002 is hereby amended by adding in section 2 in line item 6033-9015 after the words "allocated for" the following:-
"land acquisition and relocation costs and"

Floor Number: 375 Clerk Number: 320

AN AMENDMENT RELATIVE TO THE DUNN PROPERTY IN THE TOWN OF WEST NEWBURY

Mr. Tarr moves to amend the bill (Senate 2004) by adding, at the end thereof, the following new sections: -
"SECTION ____. Item 2000-2013 of section 2 of Chapter 236 of the acts of 2002 is hereby amended by inserting after the words "in the city of Woburn" the following words: -; provided further, that not less than $1,750,000 shall be expended for the acquisition of the Dunn property, - so-called, in the town of West Newbury, however, in the event that the town expends its own funding for acquisition of said property, it will be reimbursed; - and by striking out the figure "$21,250,000" and inserting in place thereof the following figure: - $23,000,000.

SECTION ___. Item 2100- 2011 of said section 2 of said chapter 236 is hereby amended by striking out the words "; provided further, that $1,750,000 shall be expended for the acquisition of the Dunn property, so-called, in the town of West Newbury; - and by striking out the figure "$46,425,000" and inserting thereof the following figure: - $44,675,000."

Floor Number: 376 Clerk Number: 337

CLARIFY THE LIMITS OF ENVIRONMENTAL BOND EXPENDITURES

Ms. Resor moves to amend the bill by inserting, after Section 520, the following new Section:-:
SECTION 520A. Chapter 236 of the Acts of 2002 is hereby amended in line item 2200-2013, by inserting after the words "expended for such personnel," the following:- "and/or contractors". Said chapter 236 is hereby further amended in line item 2200-2015 by inserting after the words "shall not exceed the level expended for such personnel", by inserting the following:- "and/or contractors."

Floor Number: 377 Clerk Number: 384

FINANCING THE AFFORDABLE HOUSING TRUST FUND

Mrs. Chandler, Mr. Berry, and Mr. Barrios move to amend the bill by inserting after Section 580 the following Section:-
"SECTION 580A. (a) To provide five-year funding for the capitalization of the Affordable Housing Trust Fund, established by chapter 121D of the General Laws, the sums set forth in subsection (b), for the purposes set forth in said chapter 121D and subject to the conditions specified in this section, are hereby authorized for expenditure from the General Capital Projects Fund unless specifically designated otherwise, subject to the laws regulating the disbursement of public funds and the approval thereof.
(b)
DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT.

7004-8020 For the capitalization of the Affordable Housing Trust Fund, established by chapter 121D of the General Laws………………….. $100,000,000.
(c) To meet the expenditures necessary in carrying out subsection (b), the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $100,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Affordable Housing Trust Fund Bond Act of 2003, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article 62 of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2031. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under this section shall, notwithstanding any other provision of this section, be general obligations of the commonwealth. The department of housing and community development may expend an amount not to exceed 2 per cent of these authorizations for administrative costs directly attributable to the purposes of this section, including costs of clerical and support personnel. The director of the department shall file an annual spending plan with the fiscal affairs division and the house and senate committees on ways and means detailing, by subsidiary, all personnel costs and administrative costs charged to expenditures made pursuant to this section.
(d) The director of the department of housing and community development shall submit annually to the house and senate committees on ways and means, the joint committee on housing and urban development and the house and senate committees on long term debt and capital expenditures, a five-year capital plan for fiscal years 2004, 2005, 2006, 2007 and 2008 for capital funds authorized by this section. This capital spending plan shall reflect a balanced allocation of capital funds authorized by this section."

Floor Number: 378 Clerk Number: 446
DATE CHANGE

Ms. Melconian moves to amend the bill by inserting, after Section ____, the following new section: -
"SECTION ___. Item 2120-8882 of section 2 of chapter 564 of the acts of 1987 as amended by section 18 of chapter 236 of the acts of 2002 is hereby further amended by striking "2003" and replacing it with "2005."

Floor Number: 379 Clerk Number: 483
ROUTE 2 VISITORS' CENTER

Mr. Antonioni moves to amend the bill by inserting, after Section 609, the following new Section:-
"SECTION ____. Notwithstanding section 40F1/2 of chapter 7 of the General Laws or any other general or special law to the contrary, the Commissioner of the Division of Capital Asset Management and Maintenance shall be prohibited from declaring as surplus or from conveying state owned real property located in the town of Lancaster on which is located the Johnny Appleseed Visitor Center."

Floor Number: 380 Clerk Number: 18
Behavioral Health Services Provided through the Division of Medical Assistance

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

"Outside Section________: " Notwithstanding the provision of any general or special law to the contrary, the Executive Office of Health and Human Services shall pursue Administrative Savings in the Behavioral Health Program of the Division of Medical Assistance. Such administrative savings shall seek to reduce duplication in the oversight of service provision, and shall include but not be limited to a reduction in the approval process of patients who need to be hospitalized; the development and implementation of self-management models for inpatient providers; and a recognition of national accreditation and Medicare status for licensure of inpatient behavioral health providers. Such Administrative savings shall also include initiatives to reduce the number of hospitalized children and adolescents who do not require inpatient hospital level of care, including but not limited to an expedited approval process for appropriate residential step-down programs; the enforcement of a No-Eject policy for residential settings; allowance for out-of-state placements for extraordinary circumstances; and a requirement that the department of social services visit hospitalized youths within one business day of hospitalization. The Executive Office of Health and Human Services shall also examine and make recommendations regarding whether there should be a financial assessment to offset the cost of providing hospital care on state agencies who have clients in hospitals who no longer require hospital level care. The Executive Office of Health and Human Services shall also examine and pursue appropriate models for increasing federal financial participation for the costs of the behavioral health program administrative vendor.
The Secretary of the Executive Office of Health and Human Services shall report to the House and Senate Committees on Ways and Means and the Committee on Medicaid the results of said Administrative Savings initiatives no later than September 1, 2003, which shall include a list of the Administrative Savings adopted and the projected amount of savings from such initiatives."

Floor Number: 381 Clerk Number: 21
Medicaid Prospective Payment Demonstration Project

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

Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may enter into contracts with certain home health agencies to provide home health services to medical assistance recipients. The division may enter into such contracts with only those home health agencies that: (i) are organized as not-for-profit entities; (2) according to the most recent agency-specific utilization data collected from the division, delivered twenty five per cent of MassHealth reimbursed skilled nursing visits within a county designation, and more than 15 per cent of all MassHealth reimbursed home health aide services within a county designation and (3) in the determination of the division, provide services that are essential to ensure access to home health services for medical assistance recipients. The division shall ensure that any home health agency that is a party to any such contract shall comply with any performance measures, outcome goals, cost effectiveness standards and other terms and conditions established by the division. In defining a prospective payment amount under this subsection the division shall consider each agency's specific date to determine an appropriate unit of service and the number, type and duration of visits provided within that unit and a general system design that provides for continued access to quality services through appropriate adjustments based upon a clinical assessment of each patient's needs. In addition, the department of public health shall establish procedures to ensure appropriate access and quality of services provided under this system. The department shall conduct an assessment of this demonstration after six months and shall report the findings to the house and senate committees on ways and means.

Floor Number: 382 Clerk Number: 24
PROMOTING GOVERNMENT ACCOUNTABILITY

Messrs. Moore and Montigny move to amend the bill by inserting at the end thereof the following new section:-

SECTION ____________.

Section 12 of Chapter 118E of the general Laws, as appearing in the 2000 official edition is hereby amended by inserting at the end of the first paragraph thereof the following sentence:- The division shall adopt and amend regulations, in accordance with Chapter 30A, for the administration of its duties and powers and to effectuate the provisions and purposes of this chapter. Regulations which restrict coverage or covered services shall be adopted only after public notice and hearing.

Floor Number: 383 Clerk Number: 34
HEALTH CARE ONLY AMENDMENT

Mr. Pacheco of Taunton moves to amend the bill by adding at the end thereof, the following section:-
SECTION _. Notwithstanding the provisions of any general or special law to the contrary, no funds from the Health Care Quality Improvement Trust Fund established in section 2EEE of chapter 29 of the General Laws or appropriated in items 4000-0600 of any general appropriation act shall be used directly or indirectly by a recipient nursing home or health care facility for political contributions, lobbying activities, entertainment expenses or efforts to assist, promote, deter or discourage union organizing. As a condition of receiving monies from the fund or item 4000-0600, a nursing home or health care facility shall provide a certification to the division of medical assistance that no funds shall be used for such activities. If the division determines that a recipient of monies from the fund or item 4000-0600 has spent such monies in violation of this section, the recipient nursing home or health care facility shall be required to document the cost of such activity. The division of medical assistance shall conduct an investigation or audit if a complaint is filed by any person alleging a violation of this section. The division shall consider that there is a rebuttable presumption that such activities were funded in part from such monies and shall require the recipient nursing home or health care facility to provide all appropriate information and documentation showing that no such monies were used for activities in violation of this section. An expense, including legal and consulting fees and salaries of supervisors and employees, incurred for research for, preparation, planning or coordination of, or carrying out an activity to assist, promote or deter union organizing shall be treated as paid or incurred for that activity. An expense incurred in connection with:
(1) addressing a grievance or negotiation or administering a
collective bargaining agreement;
(2) performing an activity required by federal or state law or by a
collective bargaining agreement; or
(3) obtaining legal advice about rights and responsibilities under
federal or state law shall not be treated as paid or incurred for activities
to assist, promote, deter or discourage union organizing.
Monies spent in violation of this section shall be reimbursed to the fund or the division of
medical assistance as appropriate.

Floor Number: 384 Clerk Number: 54

PRIOR AUTHORIZATION FOR MEDICATIONS

Mr. Berry and Ms. Creem move to amend the bill by adding at the end thereof the following new Section:-

SECTION . Section 12 of Chapter 118E is hereby amended by inserting at the end thereof the following: -

"Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division shall not require prior authorization or impose any other restriction on medications used to treat mental illnesses including but not limited to, schizophrenia, depression, bipolar disorder, and anxiety disorder, or attention deficit disorder/attention deficit hyperactivity disorder. The division shall make available medications for persons with mental illnesses including atypical antipsychotic medications, conventional antipsychotic medications, and other medications used for the treatment of mental illnesses without restriction or without preference for one medication over another or one class of medications over another."

Floor Number: 385 Clerk Number: 137
HAVERHILL HALE HOSPITAL

MR. BADDOUR MOVES TO AMEND THE BILL BY INSERTING, AFTER SECTION ___, THE FOLLOWING NEW SECTION: -
"SECTION ___. $1,500,000 to the city of Haverhill over a period of two years for the severe financial hardship resulting from maintaining critical health services through the operation of the former municipally-owned Hale Hospital. Said funds may be utilized for the expenses relative to health insurance and pension costs attributable to retirees of Hale Hospital retirees during fiscal years 2004 and 2005.

Floor Number: 386 Clerk Number: 143

AFFORDABLE HEALTH INSURANCE FOR MARTHA'S VINEYARD

Mr. O'Leary moves to amend the bill by inserting, after Section 609, the following new Section:-
SECTION___. Notwithstanding the provisions of any federal or special law, rule or regulation to the contrary, the Division of Medical Assistance may on a Demonstration basis in the area defined and limited under the federally funded DOHHS HRSA CAP Grant 1-G92-OA 00005-02 provide benefits described in section 9C of chapter 118E to employees and employers who are described and limited under the terms of the program set forth in said Demonstration, and may expend monies from any appropriation for benefits provided under said section 9C to also provide benefits specified in said Demonstration expanding the income limits set forth in section 9C from 200% to 300% of the federal poverty level, provided that the Division will seek to obtain a modification of its Demonstration, as defined in subsection (1) of section 9A of chapter 118E, that would allow for federal reimbursement for some or all of the expenditures for providing the benefits specified in the Demonstration; further provided that said Demonstration, without expenditure of monies from any appropriation for benefits provided under said section 9C, also be permitted to offer health coverage to employees between 300% and 400% of the federal poverty level. The provision of M.G.L.c.176J, sections 3-8, inclusive, and 211 CMR 66.00 shall not apply to health coverage provided by carriers pursuant to this section."

Floor Number: 387 Clerk Number: 145
ACT RELATIVE TO HEALTH INSURANCE

Messrs. Baddour, Hart, Barrios and Shannon move to amend the bill, in subsection 35 of section 151 of Chapter 127 by inserting the following: - "Subsection 35. Notwithstanding the provisions of any general or special law to the contrary, each employee in a plan for group, general or blanket hospital, medical, dental or other health insurance, either by purchase of a policy or policies from one or more insurance companies, or nonprofit hospital, medical, dental or other service corporations, including health maintenance organizations, or by means of a self-insurance plan or preferred provider arrangement plan of the authority shall contribute to the total monthly premium or rate applicable to said coverage in accordance with the current collective bargaining agreement."

Floor Number: 388 Clerk Number: 147

MEDICAID AND COMMUNITY COLLEGES

Mr. Baddour moves to amend the bill by inserting, after Section ___ the following new Section: -
"Section ___. Each state and community college shall require that all students enrolled in nine or more credits submit written documentation evidence of adequate medical insurance coverage. A list of the names, addresses, and social security numbers of all students indicating any form of MassHealth insurance coverage shall be forwarded to the Division of Medical Assistance for evaluation of alternative insurance options.

The Division shall purchase or assist in the purchase of group health insurance, including insurance offered through a college or university, on behalf of an eligible MassHealth member, provided that the Division has determined that the purchase of such insurance is cost-effective. The Division shall deny eligibility to any adult who refuses to enroll in other available insurance.

Floor Number: 389 Clerk Number: 148

MEDICAID REIMBURSEMENT FOR LONG TERM CARE FACILITIES
LOCATED ON MARTHA'S VINEYARD

Mr. O'Leary of moves to amend the bill by inserting, after Section 609, the following new Section:-
"SECTION___. Notwithstanding the provisions of any general or special law or regulation to the contrary, the division of health care finance and policy or successor agency thereto, in establishing the rates effective January 1, 2002 and thereafter of Medicaid reimbursement for long term care facilities located on Martha's Vineyard, shall recognize those additional nursing, fixed and variable costs that result from operating a geographically isolated nursing facility located on Martha's Vineyard. The division of medical assistance or successor agency thereto, pursuant to the second paragraph of section 12 and 14 of Chapter 118E of the General Laws, is hereby authorized to enter into contracts and amendments to the provider agreements with such long term care facilities to implement the rate adjustment provided for by this section."

Floor Number: 390 Clerk Number: 169

NURSING HOME RESIDENT TAX WAIVER

Ms. Fargo, Messrs. Joyce and Jacques move to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. The Division of Medical Assistance shall seek a waiver from the uniformity provisions of 42 U.S.C. 1396(w)(b) to mitigate the impact of the user fee on non profit continuing care retirement communities and non profit residential care facilities, provided that and facility included in the waiver calculation shall be established as a non profit entity."

Floor Number: 391 Clerk Number: 311
AN AMENDMENT RELATIVE TO EXPANDED HEALTH CARE COVERAGE

Mr. Tarr, Mr. Lees, Mr. Tisei and Mr. Knapik move to amend the bill (Senate bill 2004) by adding the following new sections: -
SECTION___ Chapter 118E of the General Laws is hereby amended in Section 9C by striking the figure "200" in the second paragraph and replacing it with the figure "250".

SECTION___ The Division of Medial Assistance shall develop a graduated system of eligibility based on levels for incomes below 200 percent of the federal poverty level, from 201 to 225 percent of the federal poverty level, and from 226 percent to 250 of the federal poverty level. This system shall provide proportionally for levels of assistance, which shall decrease progressively for those categories of eligibility above 200 percent of the federal poverty level.

Floor Number: 392 Clerk Number: 351

HOLYOKE HOSPITAL INTERGOVERNMENTAL TRANSFER

Mr. Knapik moves to amend the bill by inserting, after Section___, the following new Section:-
"Section___. Notwithstanding the provisions of any general or special law or regulation to the contrary, the division of medical assistance shall negotiate and implement an intergovernmental transfer agreement for hospital fiscal years 2001, 2002, 2003 and 2004 with Holyoke Hospital. Pursuant to the agreement, the division shall expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to Holyoke Hospital an amount not to exceed $30,000,000, equal to the variance between the hospital's Medicaid charges and Medicaid payments for such years. The payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated hereunder, the Commonwealth's Title XIX state plan, and the terms and conditions of agreements reached with the division for such payments. No such funds shall be expended unless (1) Holyoke Hospital has executed the Division of Medical Assistance's current Acute Hospital Request for Application and Contract and any necessary amendments for prior year contracts, and (2) intergovernmental funds transfers are made by the City of Holyoke, recently designated the poorest city in the Commonwealth, or the University of Massachusetts Medical School or both such public entities in the amount equal to the amount specified in agreements with such entities, which amount shall not be less than fifty percent of the Title XIX payments. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws."

Floor Number: 393 Clerk Number: 395

AN AMENDMENT RELATIVE TO HEALTH CARE SERVICES ON CAPE ANN

Mr. Tarr moves to amend the bill (Senate bill 2004) by adding, at the end thereof, the following new section: -
"SECTION___. Notwithstanding the provisions of any general or special law to the contrary, Network Health shall study the feasibility of contracting with Northeast Health Services, Inc. and other relevant medical procedures for the delivery of health care services on Cape Ann."

FLOOR NUMBER: 394 CLERK NUMBER: 409
EPILEPSY MEDICATION

Mr. Tolman moves to amend the bill by inserting, after Section 610, the following new Section:-
"SECTION 611. All antiepileptic medications and treatments shall be available to patients with epilepsy or seizures who participate in MassHealth; specifically, these products shall be included on any preferred drug lists and exempted from prior authorization requirements as a condition of the receipt of these funds."

Floor Number: 395 Clerk Number: 6

FERNALD DEVELOPMENTAL CENTER LAND REUSE COMMITTEE

Ms. Fargo moves to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. Notwithstanding any general or special law to the contrary, there is hereby established a Fernald Developmental Center Land Reuse Committee. Said committee shall include the mayor of the city of Waltham or his designee, the planning director of the city of Waltham, the commissioner of the Massachusetts Department of Mental Retardation, the ward councilor from the city of Waltham representing the ward in which the campus is located, three citizens of Waltham to be appointed by the mayor of the city of Waltham, the state representative from the ninth Middlesex house district, the state representative from the tenth Middlesex house district, and the senator from the third Middlesex senate district. The commissioner of the division of capital asset management and maintenance shall appoint a representative from the division to be a non-voting member of the committee, and who shall attend each of the meetings of said committee. Said committee shall be responsible for representing the interests of the town in all deliberations with the division of capital asset maintenance and management about the reuse and future development of the developmental center property. The committee shall, with the assistance of the division, develop a Comprehensive Reuse Consensus Plan for Fernald Developmental Center State Property, which shall provide a detailed description, by parcel, of how said property is to be developed upon closure of the Fernald campus. Said plan shall include a description of any potential environmental degradation of the property, along with a proposal for environmental remediation, and a proposed cost for said cleanup, including, but not limited to, any building demolition required on said site. The goals of said plan may include, but shall not be limited to, preservation of open space, creation of affordable housing, development of new business, the creation of recreational opportunities, the development of new community residences for the mentally retarded consumers of Fernald Center, and any other applicable community priorities. Upon approval by the reuse committee, said plan shall be presented to the Waltham City Council for approval, and, if endorsed by majority vote of the council, filed with the division of capital asset management and maintenance. Said plan shall also be submitted to the chairs of the house and senate committees on ways and means, and to the house and senate chairs of the joint committee on state administration, along with copies of authorizing legislation, if any, necessary to effectuate the provisions of the reuse plan. If said reuse plan provides for the conveyance of land from the state to the city of Waltham, said legislation shall provide that the price paid for such parcel be for the full and fair market value of the property determined by independent appraisal, for the uses described in the plan, including, but not limited to, any restrictions or and requirements imposed by said plan. Said reuse committee shall meet as necessary to complete said reuse plan, but shall not meet less than once per month."

Floor Number: 396 Clerk Number: 217
RELATIVE TO DRUG MANDATORY MINIMUM SENTENCES

Ms. Creem and Mr. O'Leary move to amend the bill by inserting after Section 311, the following new sections:

SECTION 311A. Notwithstanding the provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws, or any other general or special law to the contrary, persons serving mandatory minimum sentences in a state prison for violations of the above referenced sections as of July 1, 2003 shall be eligible for parole after serving two-thirds of their maximum sentence.

SECTION 311B. Notwithstanding the provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws, or any other general or special law to the contrary, persons serving mandatory minimum sentences in a house of correction for violations of the above referenced sections as of July 1, 2003 shall be eligible for parole after serving one half of their maximum sentence.

SECTION 311C. Section 32H of chapter 94C, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 13, the word "parole," and is hereby further amended by inserting at the end of said section the following paragraph:-
Notwithstanding any general or special law to the contrary, a person convicted of violating any provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws shall be eligible for parole after serving two-thirds of the maximum term of imprisonment to a state prison imposed or after serving one-half of the maximum term of imprisonment to a house of correction imposed.

Floor Number: 397 Clerk Number: 475
MEDIATION OF DISPUTES

Mr. Creedon moves to amend bill by inserting after Section 380, the following new Section:-
"SECTION____. Chapter 127 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after Section 38H the following new Section:-
"Section 38I. Any complaint filed with the court by an inmate in accordance with section thirty-eight shall, within ten days of the filing, be referred by the court for mediation. The court shall schedule mediation no later than sixty days from the date of the filing of the complaint. Neither the inmate nor the defendants may refuse to mediate in good faith the claims raised in the complaint. At the conclusion of mediation, the mediator shall prepare a brief report setting forth which claims, if any, were settled and which claims remain for the decision by the court. The report of the mediator shall be filed with the Dispute Resolution Services Coordinator of the court in which the action was filed. Mediations pursuant to this section may be conducted by videoconference or at a correctional facility, and shall be subject to the Uniform Rules of Dispute
Resolution promulgated by the Supreme Judicial Court."

Floor Number: 398 Clerk Number: 1

COMPETENCY DETERMINATION FOR CHILDREN WITH SPECIAL NEEDS

Ms. Fargo and Mr. Wilkerson move to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. Section 1D, subsection (i) of chapter 69 of the General Laws, as so appearing in the 2000 Official Edition, is hereby amended by adding the following paragraph:
Notwithstanding any general or special law to the contrary, each school district, by vote of its School Committee, shall have the authority to award a high school diploma to those students who are eligible for special education programs and who have fulfilled all the requirements of that school district for graduation. In addition, should a school committee elect to award diplomas to special education students who have met all district requirements, the diplomas awarded to the students in that district shall indicate that MCAS competency has been achieved where appropriate. Nothing herein shall be construed to require any school district to award a high school diploma to any student who has not achieved a MCAS competency determination. Any school may vote to award such diplomas for any class scheduled to graduate in FY 03 through FY 06."

Floor Number: 399 Clerk Number: 2

COMPETENCY DETERMINATION FOR VOCATIONAL-TECHNICAL EDUCATION STUDENTS

Ms. Fargo and Mr. Joyce move to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. Section 1D, subsection (i) of chapter 69 of the General Laws, as so appearing in the 2000 Official Edition, is hereby amended by inserting after the first paragraph the following:-
"Competency determination shall not be a condition for high school graduation for students of vocational-technical education programs, as defined in Section 1 of chapter 74. High school graduation requirements shall be determined by school districts for students of vocational-technical education programs."

Floor Number: 400 Clerk Number: 3

COMPETENCY DETERMINATION FOR LIMITED ENGLISH PROFICIENT STUDENTS

Ms. Fargo moves to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. Section 1D, subsection (i) of chapter 69 of the General Laws, as so appearing in the 2000 Official Edition, is hereby amended by inserting after the first paragraph the following:-
"Competency determination shall not be a condition for high school graduation for Limited English proficient students, as defined in Section 1 of chapter 71A. High school graduation requirements shall be determined by school districts for Limited English proficient students."