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CHARTER SCHOOL STUDY COMMISSION

Ms. Fargo and Mr. Shannon move to amend the bill by inserting, after Section __, the following new Section: -
SECTION __. The legislature shall establish a special commission to study the following subject matters: the commonwealth charter school funding formula and funding sources; the feasibility of designating commonwealth charter school tuition as a separate line item in the state general appropriation bill; the budgetary impact of commonwealth charter schools on local school districts; the academic performance of commonwealth charter school; the demographics of commonwealth charter school enrollment; and the adequacy of the Department of Education's oversight of commonwealth charter schools. Said commission shall hold five statewide public hearings as part of its study.
Said commission shall consist of 17 members. Eight members shall be appointed by the legislature, including the House and Senate chairs of the Joint Committee on Education, Arts, and Humanities, and three members appointed by the President of the Senate, of which one shall be a member of the minority party, and three members appointed by the Speaker of the House, of which one shall be a member of the minority party. Two members shall be appointed by the governor. One member shall be appointed by the State Auditor. One member shall be appointed by each of the following organizations: the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Municipal Association, the Massachusetts Teachers Association, the Massachusetts Federation of Teachers, and the Massachusetts Charter School Association.

Said commission shall file its report and proposed legislation, if any, with the clerks of the house of representatives and the senate by December 31, 2004.

Floor Number: 402 Clerk Number: 5
CHARTER SCHOOL MORATORIUM

Ms. Fargo and Mr. Nuciforo move to amend the bill by inserting, after Section __, the following new Section: -
"SECTION __. Notwithstanding any general or special law to the contrary, the Board of Education shall not grant a commonwealth charter to any applicant for a period of three years, retroactive to January 1, 2003. Further, the Board of Education shall not authorize additional enrollment of any previously approved commonwealth charter school beyond the effective date of this act."

Floor Number: 403 Clerk Number: 15

MCAS SPED EXEMPTION

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

"SECTION__. Section 1D of Chapter 69 of the General Laws, as 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 district to award a high school diploma to any student who has not achieved a MCAS competency determination. Any School Committee may vote to award such diplomas for any class scheduled to graduate in FY 03 through FY 06."

Floor Number: 404 Clerk Number: 26
School Bus Advertising

Mr. Moore moves to amend the bill by adding at the end thereof the following new Section:- SECTION______.
Section 197 of Chapter 184 of the Acts of 2002 is hereby amended by inserting after "any" and before "substance" the following: -"beverages with added artificial or refined sweeteners; candy; processed foods containing more than 35 percent of calories from fat, more than 10 percent of calories from saturated fat, or more than 35 percent sugar by weight; fast food restaurants; or any"

Floor Number: 405 Clerk Number: 115
SPECIAL EDUCATION

Mr. Lees moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Section 10 of Chapter 71B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 14, after the words "Placement in another state shall be made only when", the following words: "the department has verified and documented prior to placement that".

Floor Number: 406 Clerk Number: 175
CHARTER SCHOOL CAP 1

Mr. Hedlund moves to amend Senate Bill 2004 by inserting at the end of thereof the following new Section:-
"SECTION____. Section 1. Section 6 of chapter 46 of the acts of 1997 is hereby repealed.
Section 2. Not withstanding section 89(i) of chapter 71 of the General Laws or any other general or special law to the contrary, the commission of education may assess additional charter school tuition charges to public school districts previously subject to the provisions of section 6 of chapter 46 of the acts of 1997 in order to provide for the continued education of students enrolled in charter schools as of October 1, 2003.".

Floor Number: 407 Clerk Number: 176
CHARTER SCHOOL CAP 2

Mr. Hedlund moves to amend Senate Bill 2004 by inserting at the end of thereof the following new Section:-
"SECTION____. Section 1. Section 6 of chapter 46 of the acts of 1997 is hereby repealed.".

Floor Number: 408 Clerk Number: 201
TEACHER BONUS PROGRAM - HONORING THE COMMITMENT

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

"Section ___. (a) Notwithstanding the provisions of Section 40 of this act, an individual who has met the requirements of section 19B of chapter 15A and is qualified to receive a bonus payment, on or before October 1, 2004 shall be allowed to deduct an amount equal to said bonus payment when calculating his 2003 taxable year income and submitting a return for said taxable year pursuant to chapter 62C.

(b) The commissioner of education shall transmit to each individual, qualified to receive a bonus payment pursuant to paragraph (a), an official statement on department of education letterhead and bearing the official seal of the commonwealth indicating the amount of the bonus payment due the individual; provided, that an individual when calculating his 2003 taxable year income and submitting a return for said taxable year shall attach the official statement to said return.

(c) The commissioner of education shall in a method and format prescribed by the commissioner of the department of revenue provide to said commissioner information about each individual receiving an official statement pursuant to paragraph (b); provided, that said information shall including the individual's name, address and social security number; provided further, that said information shall be used by the commissioner of the department of revenue solely for the purpose of verifying the deduction claimed by an individual pursuant to paragraph (a).

Floor Number: 409 Clerk Number: 203
ENGLISH IMMERSION - WAIVERS

Ms. Wilkerson moves to amend the bill by inserting the following new section:

Section ___. Subsection b(2) of section 5 of Chapter 71A, as most recently amended by Section 1 of Chapter 386 of the Act s of 2002, is hereby further amended by striking out the section and inserting in place thereof the following:

2). Children who need alternative instruction: It is the informed belief of the school principal and educational staff that an alternate course of educational study would be better suited to the child's overall educational progress and rapid acquisition of basic English language skills; or

Floor Number: 410 Clerk Number: 210
BILINGUAL EDUCATION - DUAL IMMERSION

Ms. Wilkerson moves to amend the bill by inserting the following new section:

SECTION ___. Section 4 of Chapter 71A, as most recently amended by section 1 of Chapter 386 of the Acts of 2002, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:

Foreign language classes for children who already know English, two-way bilingual programs and special educational programs for physically- or mentally-impaired students shall be completely unaffected.

Floor Number: 411 Clerk Number: 214
SCHOOL EMERGENCY

Ms. Melconian moves to amend the bill by inserting, after Section ____, the following new section: -
"SECTION ___. Notwithstanding any general or special law to the contrary, the commissioner of education may in an emergency situation accept an application for a capital school construction grant pursuant to chapter 70B of the General Laws and to place such project on the priority waiting list, so-called, at the reimbursement rate in effect on June 30, 2003; an emergency situation shall consist of (i) a school that has been determined to be underperforming by the board of education and has lost or is at risk of losing its accreditation; (ii) the commissioner determines that such project is needed to address significant facility deficiencies which cannot be cost effectively addressed through major reconstruction or repair work; and provided further, that such application meets all requirements of said chapter 70B and the regulations promulgated therefor.

Floor Number: 412 Clerk Number: 218
RELATIVE TO MCAS AND SPECIAL NEEDS STUDENTS

Ms. Creem, Mr. Berry, Mr. Joyce, Ms. Resor , Mr. Tolman , Ms. Fargo, Mr. Morrissey, Mr. McGee and Ms. Wilkerson move to amend the bill by inserting, after Section 232, the following new Section:
"SECTION 232A. Section 1D of Chapter 69 of the General Laws, as 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 district to award a high school diploma to any student who has not achieved a MCAS competency determination. Any School Committee may vote to award such diplomas for any class scheduled to graduate in FY 03 through FY 06."

Floor Number: 413 Clerk Number: 286
CHARTER SCHOOL NET SURPLUSES

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

Section ____ Notwithstanding the provisions of paragraph (nn) of Section 89 of Charter 71 or any general or special law to the contrary, for the fiscal year beginning July 1, 2003 and ending on June 30, 2004 the state treasurer shall exclude from the charter school tuition amount deducted from the total education aid of the district in which the student of a charter school resides, a proportional amount of unrestricted net assets of the charter school reported to the Department of Education and State Auditor for the period ending June 30, 2002, pursuant to paragraph (hh) of said section 89. For the purposes of this section, such proportional amount shall be determined by the total number of students of a district attending a charter school in relation to the total number students in the respective charter school, provided further, the proportional amount excluded shall not exceed 50% of the tuition amount payable to the charter school for said fiscal year.

Floor Number: 414 Clerk Number: 412
Federal Tax Returns to the Commonwealth

Mr. Morrissey moves to amend the bill, by inserting, after Section 224, by inserting the following new Section:-
"SECTION 224A" Notwithstanding any General Law or Provision to the contrary at least 50 per cent of the Commonwealth's unrestricted general revenue sharing of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall go to local aide distribution.

Floor Number: 415 Clerk Number: 430
EDUCATION FUNDING

Mr. Lees moves to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. There shall be a special commission, consisting of three members of the senate, one of whom shall be the minority leader or his designee, three members of the house of representatives, one of whom shall be the minority leader or his designee, the treasurer of the commonwealth, the commissioner of education, the secretary of administration and finance and three persons appointed by the governor, established for the purpose of making an investigation and study relative to creating and funding an overburden aid category for cities and towns in the commonwealth which have been under funded based on the Target Share concept. The commission shall focus on methods to correct current inequities in the Chapter 70 funding formula, including, but not limited to, the emphasis placed on income and property wealth as a component of the Chapter 70 formula.
Said commission may call upon officials of the commonwealth or its various subdivisions for such information as it may desire in the course of its investigation and study. Said commission shall report to the General Court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives on or before October 1, 2003."

Floor Number: 416 Clerk Number: 488
PILOT PROGRAM ON MAXIMIZING FEDERAL MEDICAID REIMBURSEMENTS FOR SPECIAL EDUCATION COSTS AND THE AVAILABILITY OF PRIVATE HEALTH INSURANCE FOR MEDICALLY NECESSARY SERVICES TO STUDENTS WITH DISABILITIES

Mr. Knapik, Mr. Lees, Mr. Hedlund, Mr. Tarr, Mr. Tisei, Ms. Sprague and Mr. Joyce moves to amend the bill by inserting, after Section___, the following new Section:-
"SECTION ____. Notwithstanding any general or special law to the contrary, the Department of Education shall establish a pilot program to study and report on the revision of the Massachusetts Municipal Medicaid program to maximize federal Medicaid reimbursements for special education costs and the availability of private health insurance for medically necessary services to students with disabilities. There shall be an advisory board as part of said pilot program that shall consist of the chairs of the House and Senate Committees on Education, Arts and Humanities, the ranking minority members of the House and Senate Committees on Education, Arts and Humanities, one representative each from the Department of Education, the Executive Office of Health and Human Services, the Group Insurance Commission, the Massachusetts Association of School Superintendents, the Massachusetts Association for Special Education Administrators, the Massachusetts Organization of Educational Collaboratives and the Massachusetts Association of C766 Approved Private Schools. The scope of the pilot program will include, but not be limited to: revising the Massachusetts Municipal Medicaid program to maximize federal Medicaid reimbursements for the cost of special education services to Medicaid eligible students with disabilities and amending insurance law, including HMO statutes, to provide that insurers cannot exclude medically necessary services because such services may be required as special education services and further provide that all policies shall provide for coverage for special education and related services, including evaluations, therapies and related services and providing that provision of this coverage cannot affect life-time caps or premiums, or establish a pre-existing condition. The Department shall work with the advisory board to identify two urban school districts and two suburban school districts to be used as study sample school districts. The pilot program shall determine, but not be limited to, the current reimbursement rates for special education services and programs and total reimbursement amounts for the study sample school districts under the Massachusetts Municipal Medicaid program and compare these reimbursement rates and amounts to the Medicaid reimbursement rates and amounts for special education services and programs in demographically similar school districts in other states. The Department shall prepare a report of its findings, including recommendations for revisions to the Massachusetts Municipal Medicaid program and state insurance laws, and submit its report to the House and Senate Committees on Ways and Means and the Joint Committee on Education, Arts and Humanities not later than December 31, 2003 along with drafts of any legislation."

Floor Number: 417 Clerk Number: 545
BILINGUAL EDUCATION

Mr. Antonioni, Mr. Barrios, Ms. Resor, and Ms. Creem move to amend the bill (Senate 2004) by adding at the end thereof the following new section:-
SECTION XXX
Section 1. Section 4 of Chapter 71A, as most recently amended by section 1 of Chapter 386 of the Acts of 2002, is hereby further amended by striking the second sentence and inserting in place thereof the following sentence:
"Children who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one school year, provided, however, that kindergarten English learners shall be educated in English language mainstream classrooms with assistance in English language acquisition, including, but not limited to, English as a second language, so-called."

Section 2. Section 4 of Chapter 71A, as most recently amended by section 1 of Chapter 386 of the Acts of 2002, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:
"Foreign language classes for children who already know English, two-way bilingual programs for students in grades kindergarten through twelve and special education programs for physically or mentally impaired students shall be completely unaffected."

Subsection (a) of section 5 of said Chapter 71A, as most recently amended by section 1 of Chapter 386 of the Acts of 2002, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:
"If a parental waiver has been granted, the affected child may be transferred to classes teaching English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law."

Section 3. Section 7 of chapter 71A, as most recently amended by section 1 of chapter 386 of the Acts of 2002, is hereby further amended by adding the following two paragraphs:
"English learners in any program shall be taught to the same academic standards and curriculum frameworks as all students, and shall be provided the same opportunities to master such standards and frameworks as other students. Districts shall regularly assess mastery of academic standards and curriculum frameworks.
The district shall send report cards and progress reports, including, but not limited to, progress in becoming proficient in using the English language, and other school communications to the parent or legal guardians of English learners programs in the same manner and frequency as report cards and progress reports of other students enrolled in the district. The reports shall, to the maximum extent possible, be written in a language understandable to the parents and legal guardians of such students."

Section 4. Chapter 71A of the General Laws is hereby amended by inserting after section 7 the following section:
"Section 7A. The office of educational quality and accountability shall conduct on-site visits to school districts at least once every 5 years for the purpose of evaluating the effectiveness of programs serving English learners and to validate evidence of educational outcomes. The evaluation shall include, but not be limited to, a review of individual student records of all English learners, a review of the programs and services provided to English learners, and a review of the drop out rate of English learners formerly enrolled in the district within the prior 3 years.
In the event a review and evaluation undertaken under this section demonstrates that a district is failing to adequately improve educational outcomes for English learners, the commissioner may recommend to the board of education that any school within the district be declared under-performing under sections 1J and 1K of chapter 69."

Section 5. Section 2 of Chapter 71A, as most recently amended by Section 1 of chapter 386 of the acts of 2002, is hereby amended after subsection (d) by inserting the following subsection:
(f) "English learner with limited formal schooling" means an English learner whose native language is not English, who has missed two or more years of schooling prior to enrolling in school in the United States, or who is two or more years below grade level in literacy both in the student's native language and in English, or who is two or more years below grade level in mathematics, as determined by standardized assessment instruments.

Section 6. Section 5 of Chapter 71A, as most recently amended by Section 1 of chapter 386 of the acts of 2002, is hereby amended after subsection (3) by inserting the following subsection:
(4). English learners with limited formal schooling: school officials have determined that the student has limited formal schooling and it is the informed belief of the school principal and educational staff that an alternative course of educational study would be better suited to the student's overall educational progress and rapid acquisition of basic English language skills.

Floor Number: 418 Clerk Number: 547
EXPANDED PROGRAM ALLOTMENT

Mr. Antonioni moves to amend the bill (Senate 2004) by inserting at the end thereof the following new section: -
"SECTION _____ - Notwithstanding the provisions of any general or special law to the contrary, the department of education shall report to the legislature on the effectiveness of the expanded program allotment, as defined in section 2 of chapter 70 of the general laws. The report shall include, for every school district for which said allotment is calculated as part of its foundation budget, a comparison of how much said school district is allotted and how much said school district is actually spending in said category. The report shall further include a description of all programs currently being funded through this allotment, including but not limited to, after school programs, MCAS remediation programs, extended day programs, summer programs, and any enrichment programs designed to improve academic performance among low income at risk students in the districts receiving such funds. Said report shall be provided to the house and senate chairs of the joint committee on education, arts, and humanities, and to the house and senate chairs of the house and senate committees on ways and means no later than December 31, 2003.

Floor Number: 419 Clerk Number: 555
MEDICAID REIMBURSEMENT DISTRIBUTION

Mr. Antonioni moves to amend the bill (Senate 2004) at the end thereof by inserting the
following new section:-

"SECTION ___. Section 72 of chapter 44 of General Laws, as amended by section 55 of chapter 127 of the acts of 1999 is hereby further amended by inserting after the following sentence:- "Any funds received by a local government entity pursuant to the provisions of this section shall be considered unrestricted revenue of the local government entity and may be spent in accordance with any general or special law governing the expenditure of the entity's revenues.", the following sentence:?
"provided, however, that a city shall deposit in a separate account for expenditure by the school committee no less than 50 percent of any such amount; provided further, that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 1998, provided, further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further, appropriation; provided further, that any expenditure from said account on items qualifying as net school spending shall supplement, and not substitute for, the net school spending requirement of the district; and provided, further, that the receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70.

Floor Number: 420 Clerk Number: 557
Price Adjustment Review Commission

Mr. Antonioni moves to amend the bill (Senate 2004) by inserting at the end thereof the following new section:-
Section____ Notwithstanding the provisions of any general or special law to the contrary, the operational services division shall establish a price adjustment review commission which shall make recommendations about special education rate calculations and rate structures for fiscal year 2005. Said commission shall include the commissioner of social services or his designee, the commissioner of education or his designee, the secretary of administration and finance or his designee, the house and senate chairs of the joint committee on education or their designees, the chairs of the house and senate ways and means committees or their designees, a representative of the Massachusetts association of school committees, a representative of the Massachusetts association of school superintendents, a representative of the Massachusetts association of special education administrators, and a representative of the Massachusetts association of chapter 766 approved private schools. Said commission shall submit its report to the legislature, along with any proposed legislation necessary to carry such recommendation into effect, no later than October 1, 2003.

Floor Number: 421 Clerk Number: 45
RELATIVE TO HEALTH INSURANCE CLAIMS

Mr. Glodis moves that the bill be amended by adding at the end thereof the following sections:
Section __. Section 110 of chapter 175 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end of subsection (G) the following new sentence: Beginning on January 1, 2004, the provisions of this paragraph shall only apply to claims for reimbursement submitted electronically.

Section __. Section 8 of Chapter 176A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end of subsection (e) the following new sentence: Beginning on January 1, 2004, the provisions of this paragraph shall only apply to claims for reimbursement submitted electronically.

Section __. Section 7 of Chapter 176B of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end of the second paragraph the following: Beginning on January 1, 2004, the provisions of this paragraph shall only apply to claims for reimbursement submitted electronically.

Section __. Section 6 of Chapter 176G of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting the at the end thereof the following new sentence: Beginning on January 1, 2004, the provisions of this paragraph shall only apply to claims for reimbursement submitted electronically.

Section __. Section 2 of Chapter 176I of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end thereof the following new sentence: Beginning on January 1, 2004, the provisions of this paragraph shall only apply to claims for reimbursement submitted electronically.

Floor Number: 422 Clerk Number: 113
SAVING DOCTORS

Mr. Lees moves to amend the bill by inserting at the end thereof the following new sections:-
"SECTION _____. Section 60G of chapter 231 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking in lines 10 and 11 the following, "prior to the judgment," and by adding in lines 12 and 27 after the word "compensated" the following, "replaceable, compensable or indemnifiable".
SECTION _____. Section 60H of chapter 231 of the General Laws, as appearing in the 2000 Official Edition, is hereby stricken in its entirety and inserted in place thereof is the following new section 60H:
Section 60H. In no action for malpractice, negligence, error, omission, mistake, or the unauthorized rendering of professional services, including without limitation sections under chapter 229, section 2, against a provider of health care, shall the amount of damages for pain and suffering, loss of companionship, embarrassment and other items of general damages exceed five hundred thousand dollars. If two or more plaintiffs have received verdicts or findings of such damages in a total amount, for all plaintiffs claiming damages from a single occurrence, transaction, act of malpractice injury, or death which exceeds five hundred thousand dollars, the amount of such damages recoverable by each plaintiff will be reduced to a percentage of five hundred thousand dollars proportionate to that plaintiff's share of the total amount of such damages for all plaintiffs. Such limit shall apply regardless of the number of person liable jointly and/or severally for the said damages."

Floor Number: 423 Clerk Number: 122
WORKERS COMPENSATION

Messrs. Lees, Tisei, Tarr, Hedlund, and Knapik and Mrs. Sprague move to amend the bill by adding at the end thereof the following section:-
"Section___.
Section 15 of chapter 152 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by replacing the next to last sentence with the following sentence:- Nothing in this section, or in section 18 or 24 shall be construed to bar an action at law for damages for personal injuries or wrongful death by an employee against any person other than (1) the insured person employing such employee and liable for the payment of the compensation provided by this chapter for the employee's personal injury or wrongful death and said persons employees, and (2) an employee leasing company and its client company, as defined in Section 14A of this chapter, if each are in compliance with the requirements of this chapter."

Floor Number: 424 Clerk Number: 109
ONLINE TOBACCO SALES

Messrs. Lees, Tarr, Knapik and Mrs. Sprague move to amend the bill by inserting, after Section ______, the following new Section:-
"SECTION ______. Chapter 64C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 10 the following new section:-
Section 10A. Online Cigarette Sales.
It is unlawful for any public or private postal or package delivery service to knowingly deliver a tobacco product to a person under the age of 18 years. A tobacco product shall not be accepted for delivery by such a package delivery service if the package does not have affixed thereto a label which plainly and visibly states that the package contains tobacco and that it is not for delivery to any person under age 18. Any public or private postal or package delivery service that knowingly delivers a tobacco product directly to a purchaser shall:
(a). Deliver solely to the purchaser at the address given by the purchaser as specified on a valid Massachusetts driver's license, passport, state issued identification, United States military identification, or immigration card.
(b). Require the signature of the purchaser.
(c). Receive and inspect the identification of the purchaser showing the purchaser's date of birth to verify that he is 18 years of age or older.
(d). Receive an attestation from the purchaser, on a form prepared by the delivery service, certifying that the information on the identification required under subsection (a) of this section truly and correctly identifies the purchaser, his current address and age. The certification shall be retained on file by the distributor for no less than one year.
(e). Submit a copy of the invoice for each delivered package to the Department of Revenue which shall ensure that the appropriate excise taxes are paid thereon. To be accepted by the delivery service, each invoice shall include the name and address of the purchaser, the brand, and the type and quantity of tobacco.
Any person who delivers a tobacco product in violation of this act shall be fined no less than $250 or more than $1,000 for each offense. A person who falsely certifies information required by this act shall be fined no less than $100 or more than $500 for each offense."

Floor Number: 425 Clerk Number: 208

BLUE HILLS RESERVATION

Mr. Joyce moves to amend the bill by inserting after Section 210, the following new Section:-
"SECTION 210A. Section 13 of Chapter 58 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the words "Mount Greylock State Reservation," the following:_
"; and the Blue Hills Reservation".

Floor Number: 426 Clerk Number: 513
ILLEGAL SALE OF TOBACCO

Ms. Melconian, Mr. Knapik, and Mr. Joyce move to amend the bill by inserting, after Section ____, the following new section: -
"SECTION ___. Chapter 64C of the General Laws, as appearing in the 2000 Official edition, is herby amended by inserting after section 8 the following new section:-
Section 8A. Unlawful Shipment of Tobacco
It is unlawful for any person engaged in the business of selling cigarettes to ship or cause to be shipped any tobacco product to any person in this state who is not: (a) a person licensed as a tobacco tax agent or wholesale dealer under article twenty of the tax law or registered retail dealer under section four hundred eighty-a of the tax law; (b) an export warehouse proprietor pursuant to chapter 52 of the internal revenue code or an operator of a customs bonded warehouse pursuant to section 1311 or 1555 of title 19 of the United States Code; or (c) a person who is an officer, employee or agent of the United States government, this state or a department, agency, instrumentality or political subdivision of the United States or this state, when such person is acting in accordance with his or her official duties. For purposes of this section, a person is a licensed or registered agent or dealer described in paragraph (a) of this section if his or her name appears on a list of licensed or registered agents or dealers published by the department of revenue, or if such person is licensed or registered as an agent or dealer.
It shall be unlawful for any common or contract carrier to knowingly transport tobacco to any person in this state reasonably believed by such carrier to be other than a person described in paragraph (a), (b) or (c) of this section. For purposes of the preceding sentence, if tobacco is transported to a home or residence, it shall be presumed that the common or contract carrier knew that such person was not a person described in paragraph (a), (b) or (c) of this section. It shall be unlawful for any other person to knowingly transport tobacco to any person in this state, other than to a person described in paragraph (a), (b) or (c) of this section. Nothing in this section shall be construed to prohibit a person other than a common or contract carrier from transporting not more than eight hundred cigarettes at any one time to any person in this state.
When a person engaged in the business of selling tobacco ships or causes to be shipped any tobacco to any person in this state, other than in the tobacco manufacturer's original container or wrapping, the container or wrapping must be plainly and visibly marked with the word "tobacco".
Any person who delivers or causes to be shipped any tobacco products in violation of this act shall be fined no less $1,000 and no more than $5,000 for each offense.

Floor Number: 427 Clerk Number: 131

BORM Anti-Reversion

Mr. Moore moves to amend the bill by inserting at the end thereof the following new Section:- SECTION______
Section 35 M of chapter 10 of the General Laws, as amended by section 5 of chapter 300 of the acts of 2002, is hereby further amended by striking the second and third sentences and inserting in place thereof the following: - "One hundred percent of the revenues collected by said board shall be deposited into said trust fund. All monies deposited into said fund shall be expended exclusively by the board for its operations and administration; and any unexpended balance at the end of the fiscal year shall not revert to the General Fund."

Floor Number: 428 Clerk Number: 244

COMMUNITY HEALTH CENTERS

Mr. Hart moves to amend the bill by inserting after Section ____ the following new Section:-
SECTION ____. Section 51 of chapter 111 of the General Laws is hereby amended by inserting in line 5 after the word "clinic" the following words: "(which term shall include under this section a clinic which as been designated by the department as a community health center pursuant to section 57E of this chapter)"; SECTION 2. Said chapter is further amended by inserting after section 57D, the following new section: Section 57E: Community health centers: The department shall, after a public hearing, promulgate rules and regulations for the licensing and conduct of community health centers. For the purpose of this section, following words shall have the following meanings: "community health center under independent licensure", a clinic which is designated as a community health center by the department for meeting the following requirements: (a) is licensed as a freestanding clinic by the department pursuant to section 51 of chapter 111 of the general laws; (b) meets the qualifications for certification (or provisional certification) by the division of medical assistance, enters into a provider agreement pursuant to 130 CMR 405.404 or any successor provision thereto and receives payments from the Uncompensated Care Pool Trust Fund; (c) operates in conformance with the requirements of 42 U.S.C., section 254b; (d) files cost reports as requested by the division of health care finance and policy; and (e) provides at a minimum the following basic services: (i) primary care services including adult/internal medicine, pediatrics (directly or through formal contractual arrangements) and obstetrics (directly or through formal contractual arrangements); (ii) ancillary services including social services, case management and nutritional counseling; and (iii) community outreach and public health programming through contracts, grants or other funding to populations at risk. Notwithstanding the above, organizations which do not meet the requirements of sections (a) or (c) above, but have been designated "community health centers" by both the division of medical assistance and the division of health care finance and policy prior to January 31, 1999 shall continue to be designated as community health centers under independent licensure, provided that they continue to meet the requirements of sections (b), (d) and (e) above. "community health center under hospital licensure", a clinic which provides comprehensive ambulatory services and which is designated as a community health center by the department for meeting the following requirements: (a) is licensed as an outpatient clinic by the Massachusetts department of public health pursuant to section 51 of chapter 111 of the general laws; (b) meets the qualifications for certification (or provisional certification) by the division of medical assistance, enters into a provider agreement pursuant to 130 CMR 410.404 or any successor provision thereto and receives payments from the Uncompensated Care Pool Trust Fund; (c) is licensed under the license of a parent hospital which hospital has a formal written relationship with a not?for?profit corporation which operates the health center, the board of which is comprised of a majority of consumers or which meets the requirements of the subsections (i) and (ii) of section 330(j)(3)(H) of the Public Health Service Act (42 USC section 254(b)(j)(3)(H)) or any successor provision thereto); and (d) provides at a minimum the following basic services: (i) primary care services including adult/internal medicine, pediatrics (directly or through formal contractual arrangements) and obstetrics (directly or through formal contractual arrangements); (ii) ancillary services including social services, case management and nutritional counseling; and (iii) community outreach and public health programming through contracts, grants or other funding to populations at risk. Notwithstanding the above, clinics which do not meet the requirements of section (c) above, but which were designated as "community health centers" by both the division of medical assistance and the department of public health prior to September 30, 1998, shall continue to be designated as community health centers under hospital licensure, provided they continue to satisfy the requirements of sections (a), (b) and (d) above.

Floor Number: 429 Clerk Number: 250
SCHOOL NURSES

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

"SECTION____. Chapter 32 of the General laws, as appearing in the 2000 Official Edition,
is amended in Section One in the definition of "teacher" by inserting in line 476 after the word "counselor" the words "a school nurse certified by the Department of Education."

Floor Number: 430 Clerk Number: 293
RELATIVE TO OUT OF SERVICE NON-ACUTE CARE FACILITIES

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, a non-acute care hospital licensed as a chronic disease hospital may transfer all of its beds to a campus of a healthcare facility licensed by the Department of public health or to a campus of an ambulatory care provider, without regard to whether such beds have been in service prior to the date of the proposed transfer, provided that such beds are transferred to a campus of a healthcare facility licensed by the department of public health or a campus of an ambulatory care provider, located in the same city or town.

Floor Number: 431 Clerk Number: 316

AN AMENDMENT TO PROTECT ESSENTIAL HOSPITALS

Mr. Tarr, Mr. Tisei, and Mr. Knapik move to amend the bill (Senate 2004) in by adding, at the end thereof, the following new Section: -
SECTION___. A. Section fifty-one of Chapter one hundred eleven of the General Laws, as appearing in the 2000 Official Edition, is amended by striking the third paragraph thereof.
B. The Commissioner of the Department of Public Health is hereby authorized and directed to undertake a survey and analysis of acute care, emergency room care, and nursing home availability in the Commonwealth, for the purposes of developing a state wide strategy for the maintenance of adequate availability and levels of care for the next ten years throughout the Commonwealth.
Said survey and analysis shall examine the current and projected availability of such services by geography, levels of income, and levels and conditions of health insurance status. Said analysis shall also review the current process and substance of licensing beds pursuant to paragraph three of section fifty-one of chapter one hundred eleven of the General Laws as appearing in the 2000 Official Edition and to make legislative recommendations for a successor system.
Said survey and analysis shall be employed in the development of a state-wide strategy to maintain adequate levels of acute and emergency care throughout the Commonwealth for the next ten years, and to address the needs of persons of all levels of income, insured status, and in geographically practical and convenient venues.
The results of said survey and analysis, together with the strategy developed pursuant to this Act and any legislative recommendation relating thereto, shall be filed with the Clerks of the House and Senate not later than January 1, 2004.

Floor Number: 432 Clerk Number: 332

An Amendment Authorizing the Registration of Long Term Care Pharmacies and Home Infusion Pharmacies

Mr. Moore moves to amend the bill by inserting at the end thereof the following new Section:-
Chapter 112 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 39B the following new section:- SECTION_________.
Section 39C. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a long-term care pharmacy or home infusion pharmacy, and issue to such entity as it deems qualified to conduct long-term care pharmacy or home infusion, a license to operate. The board may deny such registration and refuse to issue such license, if, in its reasonable discretion, such entity would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or license issued in the case of a corporation, as defined in section 30 of Chapter 63 of the General Laws and most recently amended by section 9 of Chapter 300 of the Acts of 2002, unless it shall appear to the satisfaction of the board that the management of such entity is controlled solely by a registered pharmacist. Such license shall expire on December 31 of each uneven numbered year following the date of its issue, and the fee therefore, shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The board, in consultation with the department of public health shall promulgate regulations pertaining to the operation of long-term care and home infusion pharmacies in the commonwealth subject to the provisions of section 2 of chapter 30A. Said board shall determine which regulations, applicable to a retail drug business under section 39 shall apply to long-term care or home infusion pharmacies. The board shall, within 150 days after the filing of an application, render a final decision denying or allowing registration. Failure to render such decision, except when such failure to act is caused by the delay of the applicant, shall constitute an approval of the application and license shall be issued. For the purposes of this section, the term long-term care pharmacy shall mean a pharmacy which dispenses pharmaceuticals, sterile intravenous drugs and nutritional products ordered by physicians to patients in nursing homes, assisted living facilities, hospice programs and similar institutional sites of care. For the purposes of this section, the term home infusion pharmacy shall mean a pharmacy which dispenses pharmaceuticals, sterile intravenous drugs and nutritional products ordered by physicians to patients in their homes and other alternative healthcare sites.

Floor Number: 433 Clerk Number: 476
REGISTRATION OF OUT-OF-STATE PHARMACIES

Mr. Knapik and Mr. Joyce moves to amend the bill by inserting, after Section___, the following new Section:-
"SECTION _____. Chapter 112 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after Section 39B the following new section:-
Section 39C. The board may, upon application, made in such manner and form as it shall determine, register an establishment for transacting business as a non-resident pharmacy and issue a permit to such entity as it deems qualified to conduct business as a non-resident pharmacy. The board may deny such registration and refuse to issue such permit, if, in its reasonable discretion, such entity would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation, as defined in section 30 of Chapter 63 of the General Laws and most recently amended by section 9 of Chapter 300 of the Acts of 2002, unless it shall appear to the satisfaction of the board that the management of such entity is controlled solely by a registered pharmacist. Such permit shall expire on December 31 of each uneven numbered year following the date of its issue, and the fee therefore, shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The board, in consultation with the department of public health shall promulgate regulations pertaining to the operation of non-resident pharmacies in the commonwealth subject to the provisions of section 2 of chapter 30A. Said board shall determine which regulations, applicable to a retail drug business under section 39 shall apply to non-resident pharmacies. The board shall, within 150 days after the filing of an application, render a final decision denying or allowing registration. Failure to render such decision, except when such failure to act is caused by the delay of the applicant, shall constitute an approval of the application and permit shall be issued. For the purposes of this section, non-resident pharmacy shall mean any pharmacy or wholesaler located outside the state that ships, mails or delivers prescription drugs or devices to other establishments, authorized prescribers and or patients residing in Massachusetts. Such establishments shall include, but not be limited to, pharmacies that transact businesses through the use of
the Internet. Such registration shall not apply to ultra-company transfers between any division, affiliate, subsidies, parent or other entities under complete common ownership and control and shall not apply to the out of state activities of those pharmacies with retail pharmacy operations within the state and holding a licensed issued by the board. As a condition of registration, a non-resident pharmacy shall be licensed and or registered and in good standing with the state of residence; maintain, in readily retrievable form, records of drugs and or devices shipped into this state; and comply with all statutory and regulatory requirements of the state where the nonresident pharmacy establishment is located, except that for controlled substances shipped, mailed or delivered into this state, the non-resident pharmacy shall follow federal law and Massachusetts law relating to controlled substances."

Floor Number: 434 Clerk Number: 568
Pondville Hospital

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

"Notwithstanding the provisions of any general or special law to the contrary, the property located in Norfolk, Massachusetts, as identified in chapter 519 of the acts of 1980 and formerly known as the Department of Public Health Hospital, Pondville Hospital, is hereby added to the list of properties for which said department has responsibility, pursuant to chapter 21E of the general laws or any other applicable general or special law, for ensuring that all needed environmental remediation and related work is performed and that all contamination is eliminated from said property."

Floor Number: 435 Clerk Number: 78

TO PROMOTE REGULATED UTILITY CUSTOMER SERVICE

Mr. Morrissey moves to amend the bill by inserting, after Section 457, the following new Section:-
"SECTION 457A. The General Laws are hereby amended by inserting the following new paragraph after paragraph (d) of section 1E of Chapter 164:
(e) Whenever a distribution company, gas company as defined in section 1 intends to transfer to another state any call center, billing center or complaint-handling functions or activities currently located within the state, it shall provide advance notice to the department no less than sixty days in advance of any such transfer. Notice shall not be required if the transfer does not result in the net reduction of the number of Massachusetts-based employees responding to calls, processing bills or handling complaints. Any company required to provide notice under this paragraph shall include with its notice sufficient information, data, or studies to demonstrate that the proposed transfer provides net benefits to its customers, considering all costs and savings and any impacts on service quality. The department shall promptly review such information, data or studies and, prior to the expiration of sixty days from its receipt, determine whether the proposed transfer is in the best interests of the company's customers. If the department fails to make and issue an affirmative finding within sixty days from any notification, the company may not proceed with the transfer; however, a company may refile new notice at any time.

For the purposes of calculating service quality measures, a company's service quality measurements shall be computed based upon actual monthly figures and shall not be calculated on a rolling basis.
Mr. Morrissey moves to further amend the bill by inserting, after Section 452, the following new section:-
"SECTION 452A: The General Laws are hereby amended by inserting the following new paragraph after section 17 of chapter 159:
Section 17A. Provision of Service, Regulation.
Whenever a telecommunications company which provides a service regulated by the Department of Telecommunications, as these services are defined in paragraph (d) of section 12 of chapter 159 of the General Laws, intends to transfer to another state any call center, billing center or complaint-handling functions or activities currently located within the state, it shall provide advance notice to the department no less than sixty days in advance of any such transfer. Notice shall not be required if the transfer does not result in the net reduction of the number of Massachusetts-based employees responding to calls, processing bills or handling complaints. Any company required to provide notice under this paragraph shall include with its notice sufficient information, data, or studies to demonstrate that the proposed transfer provides net benefits to its customers, considering all costs and savings and any impacts on service quality. The department shall promptly review such information, data or studies and, prior to the expiration of sixty days from its receipt, determine whether the proposed transfer is in the best interests of the company's customers. If the department fails to make and issue an affirmative finding within sixty days from any notification, the company may not proceed with the transfer; however, a company may refile new notice at any time.

For the purposes of calculating service quality measures, a company's service quality measurements shall be computed based upon actual monthly figures and shall not be calculated on a rolling basis."

Floor Number: 436 Clerk Number: 23

PURPLE HEART HIGHWAY

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

Section __________. Chapter 180 of the Acts of 1961 is herby amended by adding after the word "Worcester," the following:- "between the Rhode Island state boundary and the intersection with Boston Road in Sutton"

Floor Number: 437 Clerk Number: 87

SIGNS ON STATE HIGHWAYS INDICATING AVAILABILITY OF SERVICES

Mr. Brewer and Mr. Nuciforo move to amend the bill by inserting, after Section _____, the following new Section:-
"SECTION ___. Section 2D of chapter 85 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 14, after the words "Highway Fund." The following:- Signs erected before January 1, 2003 shall not be subject to fee increases."

Floor Number: 438 Clerk Number: 363
MASSHIGHWAY CONTRACT RENEGOTIATIONS

Mr. Knapik moves to amend the bill by inserting, after Section ____, the following new Section: -
"SECTION ___. The office of vehicle management in the department of highways shall renegotiate the current contracts regarding vehicle maintenance services, accident subrogation and fees. Said office shall open for review and consideration the utilization of existing commonwealth operated vehicle maintenance facilities and personnel to perform preventive maintenance and basic repairs to all light duty vehicles. Said office shall review all subrogation fees and explore the possibility of using existing Commonwealth resources in order to execute the process of subrogation. The office shall submit a written report to the joint committee on transportation with any findings and recommendations by December 1, 2003."

Floor Number: 439 Clerk Number: 365
OUTDOOR ADVERTISING BUREAU

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

"SECTION ____. Section 1. Chapter 16 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking section 14 and inserting in place thereof the following section:-
There shall be within the department of highways an outdoor advertising bureau, for the purpose of regulating and controlling, in the public interest, the erection and maintenance of billboards, signs or other advertising devices. The commissioner shall assign such staff as he/she deems necessary to perform the duties of the outdoor advertising bureau. The commissioner shall direct the bureau to develop and publish standardized criteria for the implementation of its regulations, to be updated as the bureau deems necessary. The bureau shall make an annual report for the preceding calendar year, setting forth the number of permits granted, the number of permits refused, the number of hearings held, the number of illegal signs removed, and other relevant matters, to the general court and to the secretary.

Section 2. Wherever the name outdoor advertising board appears in any general or special law or in any order, rule or regulation or other such document related to the exercise of such powers, or the performance of such duties, or to such custody and control as are vested in the board, such name shall mean and shall be construed as referring to the outdoor advertising bureau.

Any function, right, power, duty or other statutory provision which prior to the effective date of this act, was assigned to, exercised by or performed by the outdoor advertising board shall be deemed assigned to, exercised by or performed by the outdoor advertising bureau.

All duties, responsibilities, obligations, rule and regulation making authority, licensing and permitting powers, and all other activities formerly mandated to, granted to or performed by the outdoor advertising board and all books, papers, records, property, documents, equipment, lands, interests in land, buildings, facilities, and other property, both personal and real, which immediately prior to the effective date of this act are in the custody of said board are hereby transferred to the outdoor advertising bureau, and all existing contracts, memoranda of understanding, leases, and other obligations of the outdoor advertising board which are in force on the effective date of this act shall become the obligations and shall be thereafter performed by said outdoor advertising bureau, and all orders, rules, regulations, other determinations, licenses, permits, certificates, approvals, and permissions granted by, and all legal and decisional precedents established by the outdoor advertising board shall continue in effect as if established or granted by the outdoor advertising bureau unless or until amended, modified, suspended, or revoked.
All monies heretofore appropriated for the outdoor advertising board unexpended on the effective date of this act are hereby transferred to the outdoor advertising bureau and shall be available for expenditure by said bureau for the purposes for which such funds were originally appropriated."

Floor Number: 440 Clerk Number: 370
SOUND BARRIER MITIGATION FOR NEIGHBORHOODS ADVERSELY AFFECTED BY THE EXPANSION OF ROUTE 3A NORTH

Ms Fargo moves to amend the bill by inserting, after Section __, the following new Section: -
SECTION __. Notwithstanding any general or special law, administrative bulletin or code of Massachusetts regulation to the contrary, the department of highways is hereby authorized and directed to construct sound barriers, so-called, at designated Area Number 21, Waterford Place in Chelmsford, designated Area Number 17, Smith Street/Chelmsford Arms in Chelmsford, and designated Area Number 1, Ledgewood/Lido Lane in Bedford, as defined by HMMH Report Number 298280 as prepared for said department.

Floor Number: 441 Clerk Number: 469
MASSHIGHWAY ORGANIZATION

Mr. Knapik moves to amend the bill by inserting, after Section___, the following new Section:-
SECTION ___. Section 1. Said chapter 16 is hereby further amended by striking out section 1, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-
Section 1.
(a) The executive office of transportation and construction shall include a department of highways purpose of constructing, maintaining and operating the roads and bridges of the commonwealth. The department will be under the direction of a commissioner who shall serve at the pleasure of the secretary and who shall be responsible for administering and enforcing the provisions of this chapter relative to the administration and to each bureau or other section thereof under his control and supervision unless otherwise provided herein, subject to the supervision of the secretary.
The commissioner shall be exempt from chapter thirty-one and the position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. He shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as their construction, operations, financing or other relevant experience relative to the efficient exercise of his powers and duties.
The commissioner shall administer the provisions of this section and the sections of chapter eighty-one of the general laws, and the rules, regulations and orders issued and promulgated thereunder, and all other laws of the commonwealth that grant powers to or impose duties upon the department of highways, subject to the supervision of the secretary.
(b) The commissioner shall establish a procedure for recommending to the secretary approval or disapproval of all contracts, including specifications, made by the department, and any changes, alterations, amendments, or modifications thereof and for contract appeals of all claims made under any contract with the department with the exception of claims subject to section thirty-nine Q of chapter thirty. Any person aggrieved by a decision of the secretary acting in regards to contract appeals may bring suit against the commonwealth for recovery of damages based on such claim under the provisions of chapter two hundred and fifty-eight.
To assist the secretary and commissioner in performing this function, the governor may appoint and remove a person of legal training and experience, who shall be a member of the bar of the commonwealth, to the position of hearing examiner. The hearing examiner shall devote full time during business hours to the duties of his position. The position shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of chapter thirty. The secretary may refer any dispute concerning contracts, contract specifications or the execution of contracts not subject to the aforesaid section thirty-nine Q of chapter thirty to the hearing examiner for a report of the matter including a recommendation as to the disposition of the dispute.
The hearing examiner shall hear all claims by contractors from determinations of the department with the exception of claims subject to section thirty-nine Q of chapter thirty; and shall, after hearing, render to the secretary a report of the matter including a recommendation as to the disposition of the claim. Said examiner shall at the request of the contractor or of the department or on his own motion summon witnesses and require the production of books and records and take testimony under oath. Such reports shall be maintained as public records in a place and form fully accessible to the public.
(c) The commissioner shall appoint and may remove all employees in the department, subject to the approval of the secretary. Except as provided herein or as otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter thirty-one. From time to time the commissioner may, subject to appropriation and regulation, employ such consultants as he may deem necessary.
The commissioner may appoint and remove without regard to chapter thirty-one, but with the approval of the secretary, a chief engineer; five deputy chief engineers; and assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; district highway engineers; a chief counsel to serve in the office of the commissioner; a director to serve in the division of administrative services; four executive assistants to the commissioner; a personnel director; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the commissioner under this paragraph shall not exceed thirty-five. No person holding an appointment under this paragraph shall be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Nothing in this section shall be deemed to exempt the positions named herein from the provisions of sections forty-five to fifty, inclusive, of chapter thirty.
So far as practicable in the judgment of the commissioner, appointments to said positions not classified under chapter thirty-one shall be made by promoting employees of the commonwealth serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, highway engineer or district highway engineer, shall be a person of experience and skill as an engineer and shall be (i) an employee of the division holding an office or position classified under said chapter thirty-one with permanent status of senior civil engineer or higher; or (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. Where an employee of the commonwealth having permanent status in a position classified under or having tenure by reason of section nine A of chapter thirty is so promoted to such unclassified position, upon termination of service in such unclassified position the employee shall be restored to the position from which he was promoted; or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter thirty-one during promotion in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said chapter thirty-one, or under said section nine A of said chapter thirty, such restoration shall be without impairment of civil service status or tenure under said section nine A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee, provided, however, that if his service in such unclassified position shall have been terminated for cause, the employee's right to be restored shall be determined by section forty-three of said chapter thirty-one. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.

(d) There shall be within the department an outdoor advertising bureau, for the
purpose of regulating and controlling, in the public interest, the erection and maintenance of billboards, signs or other advertising devices. The secretary shall assign such staff as he deems necessary to perform the duties of the outdoor advertising bureau. The bureau shall make an annual report for the preceding calendar year, setting forth the number of permits granted, the number of permits refused, the number of hearings held, the number of illegal signs removed, and other relevant matters, to the general court and to the secretary.

(e) The commissioner may promulgate rules and regulations to effectuate the purposes of this chapter.

Section 2. Section 2 of said chapter 16 is hereby repealed.

Section 3. Section 3 of chapter 16 of the General Laws is hereby amended by inserting after the words "time for time", in the first sentence, the following words:- with the approval of the secretary.

Section 4: Said chapter 16 is hereby further amended by striking out section 3A, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-
Section 3A. Bureau of transportation planning and development; director; duties.
There shall be in the division a bureau of transportation planning and development that shall be under the supervision and control of the secretary of transportation. The secretary shall appoint, and with like approval may remove, an officer to be known as the director of transportation planning and development, who shall be the executive and administrative head of the bureau. He shall be a person with professional skill and experience in the field of transportation planning and shall not be subject to chapter thirty-one or to section nine A of chapter thirty.
Said bureau shall serve as the principal source of transportation planning in the commonwealth, and in so serving shall conduct research, surveys, demonstration projects and studies in co-operation with the federal government, other governmental agencies, and appropriate private organizations and be responsible for the continual preparation of comprehensive and co-ordinated transportation plans and programs for submission to and adoption by the commission and for such review or consideration by other governmental agencies as may be required by law or deemed appropriate by the commission. Said plans and programs shall be prepared in coordination with comprehensive urban development plans and in co-operation with the said other agencies so far as practicable.

Section 5: Sections 4, 5, 13 and 14 of said chapter 16 are hereby repealed.

Floor Number: 442 Clerk Number: 537
Carver Bridge

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

"SECTION____. The department of highways shall designate the proposed bridge on United States highway route 44 to span state highway 58 in Carver as the "Frank R. Mazzilli" bridge and shall erect suitable markers bearing the designation in compliance with the standards of the department.

Floor Number: 443 Clerk Number: 100
HUMAN SERVICE FACILITIES STUDY

Messrs. Lees and Tarr move to amend the bill by inserting at the end thereof the following new section:-
"SECTION ___. (a) There shall be a special commission charged with studying the feasibility, costs and benefits of closing various state-owned human service facilities and utilizing alternative private sector outpatient and group home facilities for those individuals displaced by said closure(s). In addition to the aforementioned data, the report of the commission shall include an assessment of the impact of displacement on the number of clients served, a discussion on any long-term consequences for the overall quality of human services in the Commonwealth, and recommendations for any action deemed appropriate. This report shall be submitted to the clerks of the senate and the house of representatives within 180 days of the effective date of this act.
(b) This commission shall consist of 9 members. Three members shall be appointed by the Governor. Two members shall be appointed by the speaker of the house of representatives. One member shall be appointed by the minority leader of the house of representatives. Two members shall be appointed by the senate president. One member shall be appointed by the senate minority leader."

Floor Number: 444 Clerk Number: 120
WITHDRAWN
UNFUNDED MANDATES
Mr. Lees moves to amend the bill by adding at the end thereof the following new section:
"SECTION _____. Section 4A of chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting the following at the end thereof:
In the event any unfunded governmental mandate effective on or after July 1, 2003 is imposed upon a contractor providing a social services program, as defined in section 274 of chapter 110 of the acts of 1993, to a governmental unit, as defined in said section, and compliance with such governmental mandate has or will have a material adverse financial impact on the contractor, the contractor shall be entitled to a contract amendment by the governmental unit to increase the maximum obligation amount or unit price to offset the material adverse financial impact of the unfunded governmental mandate, provided that the contractor furnishes substantial evidence to the governmental unit of such material adverse financial impact.
For the purposes of this section, a "governmental mandate" shall mean a statutory requirement, administrative rule, regulation, assessment, executive order, judicial order or other governmental requirement that directly or indirectly imposes an obligation upon the contractor to take any action or to refrain from taking any action.
For the purposes of this section, an "unfunded governmental mandate" shall mean a governmental mandate that was not in effect when the contract was originally entered into and for which sufficient supplemental funds are not made available to the contractor through the contract during the duration of the contract to enable the contractor to comply with the governmental mandate without material adverse financial impact.
For the purposes of this section, a "material adverse financial impact" shall mean: (a) an increase in the reasonable costs to the contractor in performing the contract of the lesser of (i) three percent (3%) of the maximum obligation amount or unit price of the contract, or (ii) five thousand dollars ($5,000), in aggregate as a result of all such mandates in effect during the contract year; or (b) an action that affects the core purpose and primary intent of the contract.
Any contractor aggrieved by a decision of a governmental unit denying or failing to authorize, in whole or in part, a contract amendment request to remedy a material adverse impact of an unfunded governmental mandate pursuant to the provisions of this section may appeal such adverse decision with the division of administrative law appeals in accordance with the section four H of chapter seven of the General Laws for a hearing and decision de novo on all issues. A contractor's request for contract amendment shall, for purposes of appeal, be deemed to have been denied if a determination is not received within thirty days of the governmental unit's receipt of the request. A contractor or governmental unit may appeal an adverse decision of the division of administrative law appeals to the Superior Court, Suffolk Division, for a hearing and decision de novo on all issues."

Floor Number: 445 Clerk Number: 198

CLIENT PRIVACY IN HEALTH AND HUMAN SERVICES AGENCIES

Ms. Wilkerson moves to amend the bill by inserting after Section ____ the following new Section: -

"Section ____. Notwithstanding any general or special law to the contrary, the secretary of the executive office of health and human services, consistent with federal and state law regarding client privacy rights and pursuant to chapter thirty A, shall promulgate such rules and regulations as ecessary to ensure the confidentiality of client data collected by agencies of said executive office no later than September 30, 2003 or prior to implementing the virtual agency office, so-called, whichever occurs sooner."

Floor Number: 446 Clerk Number: 408
ASPERGER'S SYNDROME

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

"SECTION 611. The secretary of the executive office of health and human services is hereby directed to convene a planning process to identify the growing need for services by citizens of the commonwealth with Asperger's syndrome and/or related disorders. Said secretary shall utilize agencies within said executive office of health and human services to identify the number of persons with Asperger's syndrome and/or related disorders, the potential service and support needs of persons with Asperger's syndrome, and which state agency or agencies would share responsibility for persons with Asperger's syndrome and/or related disorders. Said secretary shall report to the joint committee on human services and elderly affairs and to the house and senate committees on ways and means detailing plans by said executive office of health and human services for persons with Asperger's syndrome on or before June 30, 2004.

Floor Number: 447 Clerk Number: 444

ELIMINATING HEALTH DISPARITIES

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

SECTION____. Notwithstanding any general or special law to the contrary, no later than sixty days after the effective date of this act, the secretary of health and human services shall create within the department of public health a program of enhanced disease prevention, detection and treatment for uninsured Massachusetts residents, with the intent of improving outcomes overall, and reducing disparities in outcomes for breast, cervical, prostate and colorectal cancers, stroke and heart attack, diabetes, , infant mortality, diabetes, asthma and other respiratory illnesses. The secretary shall convene and chair a health disparities steering committee to direct this program. The committee shall consist of said secretary, the commissioner of the department of public health, the commissioner of the division of medical assistance and the commissioner of the division of health care finance and policy. The purpose of the program shall be to address the significant geographic, economic, racial and ethnic disparities in access to medically necessary services and the resulting disparities in medical outcomes in the commonwealth and to address the fact that failure to prevent, detect, and provide early and culturally competent treatment for serious illnesses results in preventable hospitalizations and increased high cost medical services which constitutes a serious inefficiency in the Massachusetts health care system. Whereas the MassHealth program and the Uncompensated Care Pool comprise the existing safety net for treatment of serious illnesses among lower income Massachusetts residents without access to affordable private sector health coverage, the steering committee, in designing the program, shall take into account the fact that preventing reductions in eligibility, covered medically necessary services, and maintaining fair and adequate reimbursement for services in MassHealth and the Uncompensated Care Pool, are preconditions to addressing health disparities. No later than six months after the effective date of this act, the steering committee shall devise a plan to reduce disparities in disease outcomes among medically uninsured residents of the commonwealth. The plan shall include the following components: (1) an analysis of the most critical disparities in health outcomes affecting the Massachusetts uninsured population; (2) identification of the specific disease prevention, detection and treatment services that would be likely to reduce said disparities and improve health outcomes overall; (3) a specific plan for implementing a program of said services within a comprehensive statewide framework; (4) a specific plan for continuous monitoring of and appropriate response to health disparities related to serious diseases; and, (5) a to address diversity in the healthcare workforce, including but not limited to, doctors, nurses and physician assistants.. The health disparities steering committee shall consult with an advisory committee including, but not limited to, representatives of Health Care for All, American Cancer Society Massachusetts Division, American Heart Association New England Division, the Multicultural Aids Coalition, Massachusetts General Hospital, Brigham and Women's Hospital, Massachusetts Hospital Association, Massachusetts Medical Society, Massachusetts League of Community Health Centers, Harvard School of Public Health, Boston Public Health Commission, the Springfield Health Department, Latin American Health Institute, the Program to Eliminate Health Disparities at the Harvard School of Public Health, Blue Cross/Blue Shield of Massachusetts, the Institute on Urban Heath Research at Northeastern University, and the Massachusetts Association of Health Plans.

Floor Number: 448 Redraft
Clerk Number: 48

RELATIVE TO THE FAIR PRICING OF PRESCRIPTION DRUGS

Messrs. Montigny, Tarr, Shannon, Pacheco, Moore and Joyce moves to amend the bill, S 2004, in section 18, in subsection (2) of the proposed section 16A1/2 of Chapter 6A of the General Laws, by inserting after the first sentence the following:-
These prescription related cost saving measures shall include using a preferred drug list of prescriptions covered without a prior authorization requirement to negotiate with pharmaceutical companies for the payment of supplemental rebates or price discounts for the coordinated prescription procurement program described in sub-section(1) and the eligible uninsured or under insured, as described in subsection (2A). Such negotiations and any subsequent agreement shall comply with the provisions of 42 U.S.C. section 1396r-8. The provisions of this subsection do not authorize agreements with pharmaceutical manufacturers whereby financial support for medical services covered by the Medicaid program is accepted as consideration for placement of one or more prescription drugs on the preferred drug list or for excluding a drug from any prior authorization agreement.

Senator Montigny moves to further amend the bill, S 2004, in section 18 by inserting after subsection (2) of the proposed Section 16A1/2 of Chapter 6A of the General Laws the following paragraph:-
(2a) The secretary shall create a prescription drug discount program that makes prescription drugs available to the underinsured or uninsured at the same prices negotiated by the non-profit pharmacy benefits manager for the coordinated prescription procurement program described in subsection (1), including the benefit of any supplemental rebates that may be obtained by the pharmacy benefits manager under subsection (2). Eligible persons shall include Medicare eligible individuals whose financial eligibility exceeds 188% of the federal poverty level, who do not have an insurance policy that covers prescription drugs and other individuals who do not have health insurance that includes a prescription drug benefit and whose income does not exceed 300% of the federal poverty level. The non-profit pharmacy benefits manager shall also provide individuals enrolled in the program with assistance in accessing free or discount drug programs offered by private entities, including pharmaceutical manufacturers. The Secretary may charge a small annual enrollment fee to cover administrative costs associated with this program. The Secretary, the Commissioner of the Division of Medical Assistance, the Secretary of Elder Affairs or the non-profit pharmacy benefits manager shall seek a prescription drug discount waiver from the Centers for Medicare and Medicaid Services under section 1115(a) of the Social Security Act as necessary to implement this program.

Mr. Montingy moves to further amend the bill by inserting after Section 318, the following new section:-
SECTION 318A. Chapter 112 of the General Laws is hereby amended by adding, after section 42A, the following new section:-
Section 42B. Registration and Disclosure of Pharmaceutical Marketing Activities
(a) As used in this section, the following words shall have the following meanings:
"Gift", a payment, entertainment, subscription, advance, services or anything of value, unless consideration of equal or greater value is received. "Gift" shall not include a commercially reasonable loan made in the ordinary course of business, anything of value received by inheritance, or a gift received from a member of the reporting person's immediate family or from a relative within the third degree of consanguinity of the reporting person or of the reporting person's spouse or from the spouse of any such relative.
"Immediate family", a spouse and any dependent children residing in the reporting person's household.
"Person", a business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons.
"Pharmaceutical marketer", a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in pharmaceutical detailing, promotional activities, or other marketing of prescription drugs in this state to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe, dispense, or purchase prescription drugs. The term does not include a wholesale drug distributor licensed under section 36A, a representative of such a distributor who promotes or otherwise markets the services of the wholesale drug distributor in connection with a prescription drug, or a retail pharmacist registered under section 37 if such person is not engaging in such practices under contract with a manufacturing company.
"Pharmaceutical manufacturing company", any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drugs, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling, or distribution of prescription drugs. The term does not include a wholesale drug distributor licensed under section 36A or a retail pharmacist registered under section 37.
"Prescription drugs", any and all drugs upon which the manufacturer or distributor has placed or must, in compliance with federal law and regulations, place the following or a comparable warning: "Caution federal law prohibits dispensing without prescription."
(b) Every pharmaceutical manufacturing company shall annually disclose to the board of pharmacy the value, nature and purpose of any gift, fee, payment, subsidy or other economic benefit provided in connection with detailing, promotional or other marketing activities by the company, directly or through its pharmaceutical marketers, to any physician, hospital, nursing home, pharmacist, health benefit plan administrator or any other person in the commonwealth authorized to prescribe, dispense, or purchase prescription drugs in this state.
(c) Disclosure shall be made on a form and in a manner prescribed by the board. The board shall provide to the office of the attorney general complete access to the information disclosed under this section. The board, after consultation with the office of the attorney general and subject to paragraph (e), shall report annually to the General Court on the disclosures made under this section on or before March 1 of each year.
(d) Each company subject to the provisions of this section shall also disclose annually to the board the name and address of the individual responsible for the company's compliance with the provisions of this section.
(e) The board of pharmacy and the office of the attorney general shall keep confidential all trade secret information, as determined by the attorney general. The disclosure form prescribed by the board shall permit the company to identify any information that it believes is a trade secret.
(f) Any gift, fee, payment, subsidy or other economic benefit the value of which is less than $25 shall be exempt from disclosure.
(g) The attorney general on behalf of the board may bring an action in superior court for injunctive relief, costs, and attorney's fees, and to impose on a pharmaceutical manufacturing company that fails to disclose as required by this section a civil penalty of no more than $10,000 per violation. Each unlawful failure to disclose shall constitute a separate violation.
(h) The board shall promulgate regulations to implement this section. The board may require, if necessary to the efficient implementation of this section, pharmaceutical manufacturing companies to be registered or licensed as a condition of doing business in the commonwealth, and may collect fees necessary to cover the costs of administering this section.

Floor Number: 449 Clerk Number: 207

EXECUTIVE OFFICE OF ELDER AFFAIRS - ASAP ADVISORY BOARD

Ms. Wilkerson moves to amend the bill by inserting, after Section _____, the following new Section: -
"SECTION____.
The Secretary of the Executive Office of Elder Affairs shall establish an advisory board charged with developing regulations to create uniform and coordinated administrative policies and procedures of the aging services access points system, including but not limited to, intake, billing, auditing and contracting. The purpose of said uniform system is to reduce administrative duplication, improve coordination and increase cost effectiveness of the contracting policies and procedures. Said advisory board shall be chaired by the Secretary of the Executive Office of Elders Affairs or his/her designee, members shall include two representatives from Mass Home Care, two representatives from the Massachusetts Council for Home Care Aide Services, two representatives from the Home and Health Care Association of Massachusetts, two representatives from the Massachusetts Adult Day Services Association, one representative from a consumer advocacy organization and other representatives as deemed appropriate by the Secretary. Said advisory board shall file a written report with policy recommendations, including a plan for promulgating or amending existing regulations that may be needed to implement said recommendations, to the House and Senate Committees on Ways and Means and the Governor no later than July 1, 2004."

Floor Number: 450 Clerk Number: 215
RELATIVE TO TRANSFER OF ASSETS EDUCATION PROGRAM

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