House Budget Amendments

CLERK NUMBER: 1001

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Notwithstanding the provisions of any general or special law or regulation to the contrary, the department of public health shall contract with a nonprofit entity licensed under G.L. c. 176G, for whom MassHealth and other governmental reimbursement comprises at least 75% of its total revenues, to administer and develop the CenterCare program. The division of heath care finance and policy shall contract for the services of said managed care organization for the expansion of the CenterCare program to include up to 10,000 of said managed care organization’s patients during periods of such patients’ ineligibility for MassHealth coverage and eligibility for free care. Hospitals providing services to such CenterCare patients shall be required to report specified data, including service and billing information, to the division of health care finance and policy and said managed care organization. The division, with the assistance and input of said managed care organization, shall collect and analyze data concerning the quality and cost-effectiveness of case managed free care for former MassHealth recipients, the effect on utilization of the uncompensated care pool, and the timeliness of re-enrollment of such patients in MassHealth. The results of this evaluation, including the managed care organization’s comments, shall be reported by the division to the house and senate committees on ways and means and executive office of administration and finance, with an initial report due no later than October 1, 2005 .

CLERK NUMBER: 1002

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Notwithstanding the provisions of any general or special law or regulation to the contrary, the division of health care finance and policy shall allow Medicaid managed care organizations, and the division of insurance shall require all non-profit entities licensed pursuant to G.L. c. 176 G, to submit one or more proposals to the division of health care finance and policy for the management, through the department of public health’s CenterCare Program, of up to 100,000 individuals eligible for free care whom the division of health care finance and policy determines to be higher cost users of the uncompensated care pool. Proposals may include, without limitation, risk based contracts, negotiated fee for service arrangements, case management fees, pharmacy benefits management, prior authorization services, or combination thereof. Proposals shall be submitted by no later than October 1, 2004 . The division shall analyze all proposals and by no later than December 1, 2004 , shall issue a competitive procurement for one or more contracts for the management of said free care population, to be effective March 1, 2005 . Organizations contracting with the division pursuant to said procurement may have their uncompensated care pool assessment reduced, and organizations failing to submit proposals to the Division by October 1, 2004 , may have their uncompensated care pool assessment increased, pursuant to regulations to be promulgated by the division hereunder. Hospitals providing services to persons whose care is being managed under a contract hereunder shall be required to report data on such persons, including service and billing information, to the division and to the contractor managing their care. The division shall collect and analyze data concerning the quality and cost-effectiveness of managed free care under contracts hereunder and the effect on utilization of the uncompensated care pool. The results of this evaluation shall be reported by the division to the house and senate committees on ways and means and the executive office of administration and finance, with an initial report due no later than October 1, 2005 .

CLERK NUMBER: 1003

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Notwithstanding the provisions of any general or special law or regulation 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: (1) 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 data 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.

CLERK NUMBER: 1004

Representative Keenan of Southwick moves that the bill be amended in section 72 by adding at the end thereof the following:

“Said agency shall make provisions to allow those persons enrolled in said program and meeting the eligibility requirements established under the MassHealth program to be eligible to enroll in Medicaid managed care organizations and to allow the Medicaid managed care organizations the option of enrolling program members through current managed care organization enrollment assignment guidelines.”

CLERK NUMBER: 1005

Representative Keenan of Southwick moves that the bill be amended by striking out section 80 and inserting in place thereof the following section:

“SECTION 80. Notwithstanding any general or special law or regulation to the contrary, the division of medical assistance shall seek any necessary federal waivers or regulation changes and develop a pilot program within the MassHealth primary care clinician plan for up to 25,000 disabled managed-care eligible MassHealth members. Said program shall be contracted by an open bidding process and reimbursed to include one or more Medicaid managed care organizations by the division at a predetermined capitated rate for each such enrolled MassHealth member. Such pilot program shall include case management by a nonprofit entity, working in collaboration with the Massachusetts League of Community Health Centers. Such pilot program shall include the provision of primary care and pharmacy benefits through community health centers and hospital-licensed community health centers. No later than 60 days prior to the implementation of said pilot program, the division of medical assistance shall notify the house and senate committees on ways and means and the secretary of administration and finance of the number of projected participants, the planned date of implementation, any expected reduction in spending resulting from the program, and the effect on the level of services available to participating members. Hospitals providing services to persons participating in the pilot program shall be required to report data on program participants, including service and billing information, to the division of health care finance and policy and to health maintenance organization managing the care of such participants. An evaluation of the quality and cost effectiveness of the pilot program, including any expected reduction in spending resulting from the provisions of this section and the effect on the level of services available to participating members and on the uncompensated care pool, shall be completed by Commonwealth of Massachusetts. The results of such evaluation shall be reported by the division to the house and senate committees on ways and means and the secretary of administration and finance, no later than October 1, 2005.”.

CLERK NUMBER: 1006

Representative Keenan of Southwick moves that the bill be amended in section 2, in item 2320-0100, by striking out the figures “300,092” and inserting in place thereof the figures “350,000”.

CLERK NUMBER: 1007

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Notwithstanding any general or special law or regulation to the contrary, any Massachusetts based reseller/integrator of computer equipment and technology; that has been in business for five consecutive years, has achieved ISO 9001Certification and that has a minimum level of $10 million dollars in sales and services in the last fiscal year, shall be deemed eligible to bid on any of the Commonwealth’s Information Technology Hardware contracts offered for Original Equipment Manufacturers (OEMs).

CLERK NUMBER: 1008

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Section 7 of Chapter 118G of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the eleventh paragraph the following:- In determining the rate of payment for prescribed drugs dispensed to publicly-aided or industrial accident patients by pharmacy providers, the division shall determine a separate rate for those pharmacies that dispense prescribed drugs to nursing homes, assisted living facilities, hospice programs and similar institutional sites of care.

CLERK NUMBER: 1009

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Section 38 of Chapter 118E of the General Laws is hereby amended by adding at the end thereof the following new section:

Section 38A. The Division of Medical Assistance is hereby directed to promulgate regulations designed to (a) streamline and simplify signature authorization procedures for clinical laboratory services, and specifically to exclude, as a condition of payment for any laboratory test order form, a physician’s handwritten signature, and (b) clarify the billing procedures for specimen referral where the referring laboratories and testing laboratories are subsidiary related. Any change to existing regulation shall require the referring laboratory to disclose on its claim forms (i) the MassHealth provider number for the testing laboratory and (ii) the tests performed by the testing laboratory.

CLERK NUMBER: 1010

Representatives Keenan of Southwick, Demakis of Boston, Story of Amherst, Sanchez of Boston and Malia of Boston move that the bill be amended by adding at the end thereof the following section:

SECTION . Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission on residential care facilities (also known as rest homes) in the commonwealth. Said commission shall study the role that residential care facilities play in the continuum of long-term care, identify the availability of residential care facilities relative to the need for such services, and the adequacy of public reimbursement for residential care facilities. The commission shall also study the roles of state agencies relative to residential care and recommend policies and procedures to coordinate effective communication and oversight among the various agencies with responsibility for residential care. The commission shall make recommendations relative to the funding of and methodology used in determining rates paid to residential care facilities. Said commission shall consist of the following members: three members of the senate, one of whom shall be shall be appointed by the minority leader; three members of the house, one of whom shall be appointed by the minority leader; the commissioner of the department of public health, or her designee; the commissioner of the division of health care finance and policy, or his designee; the commissioner of the department of transitional assistance, or his designee; the secretary of the executive office of elder affairs, or her designee; the commissioner of the department of mental health, or her designee; and two representatives from each of the following organizations: Massachusetts Aging Services Association and the Massachusetts Association of Residential Care Homes. The commission shall report its findings and recommendations to the House and Senate Committees on Ways and Means by April 1, 2005 .

CLERK NUMBER: 1011

Representatives Keenan of Southwick, Carron of Southbridge and Koutoujian of Newton move that the bill be amended by adding at the end thereof the following sections:

SECTION . Subsection (1) of section 9C of chapter 118E of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the phrase “200 percent of the federal poverty level” as it appears in lines 20, 27 and 35 and inserting in place thereof the following:—

300 percent of the federal poverty level.

SECTION . Section 9C of said chapter 118E of the General Laws, as so appearing, is hereby further amended by striking paragraph (4) and replacing it with the following new paragraph:—

(4) The amount of payments for each employer under paragraph (C) of subsection (2) shall be as follows: (i) $600 for each eligible employee for whom the eligible employer pays 50 percent or more of the cost of qualified medical insurance; (ii) $1,200 for each eligible employee for whom the eligible employer pays 50 percent or more of the cost of qualified two-person family medical insurance, and (iii) $1,500 for each eligible employee for whom the eligible employer pays 50 percent or more of the cost of qualified family medical insurance, provided that the division may use reasonable data sources in determining the number of eligible employees of an eligible employer qualifying for such payments under clauses (i), (ii), and (iii).

SECTION . Said section 9C of said chapter 118E of the General Laws, as so appearing, is hereby further amended by striking paragraph (5) and replacing it with the following new paragraph:—

(5) The amount of payments for each self-employed single individual or each self-employed husband and wife under paragraph (B) of subsection (2) may include the following amounts: (i) $600 for an eligible self-employed single individual if the individual purchases qualified medical insurance; (ii) $1,200 for an eligible self-employed single individual with a dependent child or for an eligible self-employed husband and wife filing a joint tax return and who have no dependent children, if the individual or husband and wife purchase qualified two-person family medical insurance, or (iii) $1,500 for an eligible self-employed individual with two or more dependent children, or an eligible self-employed husband and wife filing a joint tax return and who have dependent children, if the individual or husband and wife purchase qualified family medical insurance, provided that the payment shall not exceed the amount of the net premium cost to said self-employed persons of said insurance, and shall be in conformity with the regulations of the division.

CLERK NUMBER: 1012

Representative Keenan Of Southwick moves that the bill be amended by adding at the end thereof the following sections:

SECTION . Chapter 118G of the General Laws is hereby amended by adding the following section:--

Sec. 27. (a) For the purposes of this section, the following terms shall have the following meanings:

“Assessment,” the user fee imposed pursuant to this section

“Intermediate care facility for the mentally retarded or ICF/MR,” a privately or publicly operated intermediate care facility for the mentally retarded.

“Community based residence,” a privately or publicly operated community based residence serving individuals with mental retardation licensed or certified in accordance with G.L. c. 19B, § 15.

“Bed day,” a day of services provided to an individual living in an intermediate care facility for the mentally retarded or a community based residence serving individuals with mental retardation.

(b) Each intermediate care facility for the mentally retarded and each community-based residence serving individuals with mental retardation shall pay an assessment per bed day. The assessment shall be implemented as a broad-based health care related fee as defined in 42 U.S.C. Sec. 1396b(w)(3)(B). The assessment shall be imposed at a uniform rate and shall be sufficient in the aggregate to generate an amount equal to six per cent of the total gross revenues generated by all such facilities in each fiscal year. The assessment shall be paid to the division at least quarterly. The division may promulgate regulations that authorize the assessment of interest on any unpaid liability at a rate not to exceed an annual rate of 18% and late fees at a rate not to exceed 5 percent per month. The receipts from the assessment, any federal financial participation received by the commonwealth as a result of expenditures funded by these assessments and interest thereon shall be credited to an account established within the Uncompensated Care Trust Fund.

(c) The commissioner shall prepare a form on which each ICF/MR and each community based residence shall report its total bed days and shall calculate the assessment due. The commissioner shall distribute the forms to each intermediate care facility for the mentally retarded and each community based residence for individuals with mental retardation at least annually. The failure to distribute the form or the failure to receive a copy of the form shall not stay the obligation to pay the assessment by the date specified in this section. The division may require additional reports, including but not limited to monthly census data, as it deems necessary to monitor collections and compliance.

(d) The division shall have the authority to inspect and copy the records of an ICF/MR or community residence for the purposes of auditing its calculation of the assessment. In the event that the division determines that an ICF/MR or a community-based residence has either overpaid or underpaid the assessment, the division shall notify the ICF/MR or the community based residence of the amount due or refund the overpayment. The division may impose per diem penalties if an ICF/MR or a community-based residence fails to produce documentation as requested by the division.

(e) In the event that an ICF/MR or a community based residence is aggrieved by a decision of the division as to the amount due, the ICF/MR or the community based residence may file an appeal to the division of administrative law appeals within 60 days of the notice of underpayment or the date the notice was received, whichever is later. The division of administrative law appeals shall conduct each appeal as an ad judicatory proceeding pursuant to chapter 30A, and an ICF/MR or a community based residence aggrieved by a decision of the division of administrative law appeals shall be entitled to judicial review pursuant to section 14 of said chapter 30A.

(f) The division shall establish by regulation appropriate mechanisms for enforcing the provisions of this section. Such enforcement may include notification to the department of mental retardation to take appropriate actions, including the revocation of licensure or certification for failure to remit delinquent fees.

(g) The division, in consultation with the department of mental retardation and the division of medical assistance, shall promulgate regulations necessary to implement this section.

SECTION . Section 18 of chapter 118G of the General Laws is amended by adding the following paragraph:

(p) Within the Uncompensated Care Trust Fund, there shall be established a department of mental retardation transfer account, administered by the secretary of health and human services, consisting of any receipts from the assessment collected pursuant to section 27 of chapter 118G of the general laws, including transfers by the department of mental retardation of amounts sufficient to pay the assessment for public facilities, any federal financial participation received by the commonwealth as a result of expenditures funded by such assessments, and any interest thereon. The secretary may authorize expenditures of amounts from such account without further appropriation. The comptroller shall transfer no later than the first business day of each quarter, the amounts indicated by the department of mental retardation to provide the appropriate payment adjustments for operating the intermediate care facilities for the mentally retarded and the community residences serving individuals with mental retardation. The comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper transfer, accounting and expenditures of funds under this section. The comptroller may make payments in anticipation of receipts and shall establish procedures for reconciling overpayments and underpayments from said account. The secretary shall account for revenue and expenditure activity within said account.

SECTION . Notwithstanding the provisions of any general or special law to the contrary, in fiscal year 2005, the comptroller shall transfer from the Uncompensated Care Trust Fund account established pursuant to section 18(p) of chapter 118G of the General Laws, an amount sufficient to reflect the costs of the assessment on public facilities and an amount sufficient to fund rate increases for services provided to MassHealth members by non-public intermediate care facilities and community based residences. The comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above.

The assessments and federal financial participation collected pursuant to section 27 of chapter 118G of the General Laws shall be expended to fund payments for services provided to MassHealth members by intermediate care facilities for the mentally retarded and community based residences. Said assessments shall not be collected, and the expenditures required by section ZZZ shall not be authorized until the department of mental retardation and division of medical assistance certify the receipt of federal approval of any home and community based waiver amendments and related Title XIX state plan amendments, if required.

CLERK NUMBER: 1013

Representative Keenan of Southwick moves that the bill be amended by adding at the end thereof the following section:

SECTION . Notwithstanding the provisions of any general or special law or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $16,000,000 from the medical assistance intergovernmental transfer account within the medical assistance intergovernmental uncompensated care trust fund for Title XIX payments to Neighborhood Health Plan. The payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, 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 Neighborhood Health Plan has executed a managed care contract with the division of medical assistance and makes an intergovernmental funds transfer in an amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. 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 paragraph (o) of section 18 of chapter 118G of the General Laws.

CLERK NUMBER: 1014

Ms. St. Fleur of Boston, Mr. Kujawski of Webster, Mr. Sanchez of Boston, Ms. Story of Amherst move that the bill be amended by adding at the end thereof the following section:

SECTION . Section 633 of chapter 26 of the acts of 2003 is hereby amended by striking the second and third paragraphs, and inserting in place thereof the following: - Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees’ salaries were supported by state appropriations. This provision shall apply only to fringe benefits associated with salaries paid from tuition retained by the boards of trustees of public higher education institutions as a direct result of the implementation of this section; provided, however that this provision shall apply only in fiscal years 2004 and 2005. The Massachusetts College of Art shall submit a plan to the House and Senate Committees on Ways and Means, and the Joint Committee on Education, Arts and Humanities, on or before December 31, 2004 , detailing how the college will pay the cost of fringe benefits after fiscal year 2005.

CLERK NUMBER: 1015

Mr. Larkin Of Pittsfield move that the bill be amended by adding at the end thereof the following section(s):

SECTION . Section 1 of chapter 21 of the General Laws, as amended by section 63 of chapter 26 of the acts of 2003, is hereby amended by striking the second sentence and inserting in place thereof the following sentence:—

Each division shall be under the administrative supervision of a director, provided, that no funds shall be expended for deputy commissioner positions.

CLERK NUMBER: 1016

Representative Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:

"SECTION . Section 35M of chapter 10 of the General Laws, as so appearing, is hereby amended by striking the third sentence and inserting in place thereof the following sentence:- All monies deposited into said fund shall be expended exclusively by the board for its operations and administration.”

CLERK NUMBER: 1017

Representative Koutoujian of Waltham moves to amend the bill by inserting the following new section at the end thereof:

“SECTION . Sections 48, 49, 50 and 51 of this act shall apply to policies or contracts issued or renewed on or after January 1, 2005 .”

CLERK NUMBER: 1018

Representative Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:

"SECTION . Section 28 of chapter 10 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 28 and inserting in place thereof the following section: —

Section 28. The right of any person to a prize drawn is not assignable except under the following limited circumstances:

(A) Payment of any prize drawn may be paid to the estate of a deceased prize winner as provided in section (3) or to the IV-D agency under in chapter one hundred and nineteen A.

(B) Payment of any prize drawn may be made to any person under an appropriate judicial order.

(C) The Commission may, by regulations adopted under section 24, permit assignment of prizes for purposes of paying estate and inheritance taxes, or to a trust the beneficiaries of which are the prize winner, his mother, father, children, grandchildren, brothers, sisters or spouse.

(D) Payment of any prize drawn may be made to any person under a voluntary assignment of the right to receive future prize payments, in whole or in part, if the assignment is made to a person or entity named as the assignee in an appropriate judicial order of a Court of competent jurisdiction the superior Court, sitting within and for the county in which the Commission is situated or in which the assignor resides. Under this paragraph, a Court may issue an order approving a voluntary assignment and directing the Commission to make prize payments in whole or in part to the designated assignee, if and only if the Court finds that all of the following conditions have been met:

(i) The assignment is in writing, executed by the assignor and, by its terms, subject to the laws of Massachusetts ;

(ii) The Court finds that the assignor:

(a) is of sound mind, is not acting under duress,

(b) has been advised regarding the assignment by his or her own independent legal counsel and certified financial planner. For purposes of this subsection, independent legal counsel means counsel who is unrelated to and is not being compensated by the assignee or any of the assignee's affiliates;

(c) irrevocably agrees that he or she is subject to state income tax with respect to any gain or income which the assignor will recognize in connection with the transfer or assignment; and

(d) Understands and agrees that with regard to the assigned payments, the commonwealth, the Commission, and the director will have no further liability or responsibility to make said payments to the assignor.

(e) In making the findings under subsections (a), (b), (c), and (d), absent a showing of special circumstances or hardship, the Court shall require the personal appearance and in-Court affirmation of the assignor. For purposes of this section, “special circumstances or hardship” shall mean the assignor resides outside of the commonwealth or a health or other condition makes a Court appearance unduly costly, dangerous, or burdensome, in which case the Court may, in its discretion, take evidence by way of telephonic testimony, video deposition, or written affidavit.

(iii) At the time he signed the assignment contract, the assignor was provided with a one-page written disclosure statement setting forth, in bold type of not less than 14 points, the payments being assigned, by amounts and payment dates; the purchase price being paid; the rate of discount to present value, assuming daily compounding and funding on the contract date; and the amount, if any, of any origination or closing fees that will be charged to him or her; provided further that the disclosure statement shall be in a form approved by the Commission.

(iv) The assignor was advised in writing, at the time he or she signed the assignment contract, that he or she had the right to cancel the contract, without any further obligation, within ten (10) calendar days following the date the contract was signed.

(v) If the Court determines at the time of the hearing set forth in paragraph (ii) that the assignment is not in compliance with paragraph (ii) then the Court shall have discretion to void the assignment without recourse or obligation to the proposed assignor or assignee.

E. Each Court order issued under subsection (D) shall provide that any delinquent child support obligations of the assigning prize winner and any debts owed to a state agency by the assigning prize winner, as of the date of the Court order, must be paid in full, at closing, out of the purchase price to be paid the assignor or shall be offset by the Commission first against remaining payments or portions thereof due the prize winner and then against payments due the assignee.

F. In the case of a voluntary assignment for consideration made under subsection D, the assignee shall withhold 5.3 per cent of the purchase price and pay that withheld amount to the commonwealth as state income tax withholding to credit the account of the assignor.

G. The commonwealth, the Commission, the director, and the agents and employees of the Commission shall be discharged of all further liability upon payment of a prize to an assignee identified in a Court order entered under subsection D.

H. Soliciting to buy or offering to sell rights to lottery prize winnings, either by assignment or through pledge as collateral for a loan, shall not be deemed selling or offering for sale lottery tickets or shares under this act.

I. The director may establish a reasonable fee, payable by the assignee, to defray any administrative expenses associated with assignments made under this section, including the cost to the commonwealth of any processing fee that may be imposed by a private annuity provider. The fee amount shall reflect the direct and indirect costs associated with processing the assignments and shall be no greater than $1,000 per transaction.

J. Written notice of a proposed assignment under subsection D and any Court hearing concerning the proposed assignment must be provided to the Commission's counsel at least 10 days prior to any Court hearing. The Commission is not required to appear in or be named as a party to any such action seeking judicial confirmation of an assignment under this Section, but may intervene as of right in any such proceeding. A certified copy of a Court order approving a voluntary assignment must be provided to the Commission not later than 14 days before the date on which the payment is to be made.

K. Nothing in this chapter shall exempt an assignee or person acting as broker, agent, or intermediary for an assignee, from the licensure requirement and other rules and restrictions imposed under section 96 of chapter 140.

L. A Court order obtained under subsection D, together with all such prior orders, shall not require the Commission to divide any single prize payment among more than 3 different persons.

M. No business entity may seek or obtain an order approving a voluntary assignment of lottery prize payments under this section unless and until said business entity has first filed a written disclosure and registration statement with the state lottery and paid the registration fee specified below. The disclosure and registration statement shall list and disclose, under penalty of perjury under the laws of the commonwealth, the following:

(i) the registrant’s full name, mailing address, and telephone number;

(ii) the name and address of the registrant’s agent for service of process in Massachusetts ;

(iii) any and all claims by a lottery winner, a state lottery, a consumer protection agency or a state, federal, or local prosecutor or enforcement agency against the Registrant or its affiliates in any state or federal Court within the past five years, along with the status and disposition of all such claims;

(iv) the registrant’s privacy, “do-not-call” and non-harassment policies.

The registration and disclosure shall be accompanied by a non-refundable fee in the amount of $2,500 payable to the Commission by the registrant. All registrations and disclosures shall be maintained on file with state lottery and shall be made available to any member of the public upon request.

N. Notwithstanding this section, no prizewinner shall have the right to assign prize payments upon:

(i) The issuance by the United States Internal Revenue Service of a technical rule letter, revenue ruling, or other public ruling of the Internal Revenue Service in which the IRS determines that, based upon the right of assignment provided in subsection D, a Massachusetts lottery prizewinner who does not assign any prize payments would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid.

(ii) The issuance by a Court of competent jurisdiction of a published decision holding that, based upon the right of assignment provided in subsection D, a lottery prizewinner who does not assign any prize payments under this subsection would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid.

(iii) Upon receipt of a letter or ruling from the IRS or a published decision of a Court of competent jurisdiction, as specified in paragraphs i or ii, the director shall immediately file a copy of that letter, ruling, or published decision with the state secretary. Immediately upon the filing by the director of a letter, ruling, or published decision with the state secretary, a prizewinner shall be ineligible to assign a prize under subsection (1) (D).

CLERK NUMBER: 1019

Representative Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:

"SECTION . Section 23 of chapter 32 of the General Laws, as most recently amended by section 3 of chapter 502 of the acts of 2002, is hereby further amended by adding after subdivision (5) the following subdivision:

(6) Confidentiality of certain records. Any documentary material or data made or received by any person of the state investment (PRIM) board, which consists of trade secrets or commercial or financial information that relates to the investment of public trust or retirement funds, shall not be disclosed to the public if disclosure is likely to impair the government’s ability to obtain such information in the future or is likely to cause substantial harm to the competitive position of the person or entity from whom the information was obtained. The provisions of the open meeting law shall not apply to the PRIM Board when it is discussing the information described in this paragraph. This subdivision shall apply to any request for information covered by this subdivision for which no disclosure has been made by the effective date of this subdivision.

CLERK NUMBER: 1020

Representative Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:

(7) Confidentiality of certain records. Any documentary material or data made or received by any person of the state investment (PRIM) board, which consists of trade secrets or commercial or financial information that relates to the investment of public trust or retirement funds, shall not be disclosed to the public if disclosure is likely to impair the government’s ability to obtain such information in the future or is likely to cause substantial harm to the competitive position of the person or entity from whom the information was obtained. The provisions of the open meeting law shall not apply to the PRIM Board when it is discussing the information described in this paragraph. This subdivision shall apply to any request for information covered by this subdivision for which no disclosure has been made by the effective date of this subdivision.

CLERK NUMBER: 1021

Ms. St. Fleur of Boston move that the bill be amended in section 2, in item 4800-0038, in line 27, by inserting after the words “Summerhill House in Norwood ” the following:

“; provided further that not less than $348,850 shall be expended for Casa Esperanza to implement a family stabilization and reunification program”, and in said item by striking out the figures “$258,516,384” and inserting in place thereof the figures “$258,865,234”; and in item 7100-0200 by striking out the figures “$331,009,175” and inserting in place thereof the figures “$330,660,328”

CLERK NUMBER: 1022

Ms. St. Fleur Of Boston move that the bill be amended in section 2, in item 4512-0200, in line 4, by striking out the words “provided further, that said department shall obligate funds for a 65 person recovery shelter run by the Pine Street in the north Dorchester section of Boston” and inserting in place thereof the following: “provided further, that said department shall expended $500,000 for a sixty-five person recovery shelter run by the Pine Street Inn in the north Dorchester section of Boston;"

and in said item by striking out the figures "$36,227,349 and inserting in place thereof the figures "$36,727,349”;

and in item 6010-0001 by striking out the figures “$14,657,993” and inserting in place thereof the figures “$14,157,993”.

CLERK NUMBER: 1023

Mr. Kujawski of Webster, Ms. Parente of Milford, Mr. Larkin of Pittsfield, Mr. Koutoujian of Newton, Mr. Fagan of Taunton, Mr. Bosley of North Adams, Mr. Donato of Medford, Mr. Pignatelli of Lenox, Ms. Haddad of Somerset, Mr. Fresolo of Worcester, Mr. Goguen of Fitchburg, Ms. Gobi of Spencer, Mr. Knuuttila of Gardner, Mr. Binienda of Worcester, Ms. Spiliotis of Peabody, Mr. Asselin of Springfield, Mr. Leary of Worcester, Mr. Humason of Westfield, Mr. Atsalis of Barnstable, Mr. Lantigua of Lawrence, Mr. Flynn of Bridgewater, move that the bill be amended by adding at the end thereof the following section:

"SECTION 7B. Chapter fifteen A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out clause (f) of section seven A, as inserted therein by section 687 of chapter 26 of the acts of 2003, and inserting in place thereof the following clause: -

(f) The board shall use accountability objectives, performance measures and each institution’s mission implementation plan to conduct annual evaluations of the performance of each institution. If an institution fails to meet a reasonable number of the accountability objectives, as determined by the performance measures, within a given year, the institution’s board of trustees shall develop and implement a performance improvement plan and timetable to be approved by the board of higher education. Each plan shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities. If the institution fails to achieve the agreed to targeted improvements and timeline, funds appropriated for the institution in the following fiscal year shall be disbursed by the board of higher education to the institution’s board of trustees subject to the board’s approval. The board shall not be prevented from amending the institutional allocation of any such institution.

CLERK NUMBER: 1024

Mr. Kujawski of Webster, Ms. Parente of Milford, Mr. Donato of Medford, Mr. Bosley of North Adams, Mr. Pignatelli of Lenox, Ms. Haddad of Somerset, Mr. Fresolo of Worcester, Mr. Goguen of Fitchburg, Ms. Gobi of Spencer, Mr. Knuuttila of Gardner, Mr. Binienda of Worcester, Mr. Fagan of Taunton, Ms. Spiliotis of Peabody, Mr. Asselin of Springfield, Mr. Leary of Worcester, Mr. Larkin of Pittsfield, Mr. Humason of Westfield, Mr. Atsalis of Barnstable, Mr. Lantigua of Lawrence, Mr. Flynn of Bridgewater, move that the bill be amended by adding at the end thereof the following section:

"SECTION 4A Paragraph (e) of section 38C of chapter 7 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 65, the words “ten thousand dollars” and inserting in place thereof the following words: - one hundred thousand dollars.

SECTION 2. Paragraph (e) of section 38C of said chapter 7, as so appearing, is hereby amended by striking out, in line 67, the words “one hundred thousand dollars” and inserting in place thereof the following words: - one million dollars.

SECTION 3. Chapter 7 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 40B and inserting in place thereof the following

section: -

Section 40B. The commissioner shall, in the manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds one million dollars and involves structural or mechanical work. The commissioner may, upon request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects involving structural or mechanical work whose estimated cost exceeds one million dollars if the commissioner determines that the agency or authority has the ability to control and supervise such project. Except as otherwise provided in this section, any state agency or building authority shall control and supervise its own building projects when the estimated cost of such project is less that one million dollars, or if the project does not involve structural or mechanical work.

SECTION 4. Section 260 of chapter 127 of the acts of 1999 is hereby amended by striking out the words “whose estimated cost is less than $500,000” and inserting in place thereof the following words: - whose estimated cost exceeds one million dollars.

SECTION 5. Whenever any bonded indebtedness shall have been issued by the Massachusetts State College Building Authority or the Health and Education Facilities Authority, the proceeds therefrom shall be deemed to be funds from nongovernmental sources within the meaning of section 260 of chapter 127 of the acts of 1999.

SECTION 6. Subdivision (2) of section 44A of chapter 149 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 47, the words “twenty-five thousand dollars” and inserting in place thereof the following words: - five hundred thousand dollars.

SECTION 7. Subdivision (2) of section 44A of said chapter 149, as so appearing, is hereby further amended by adding at the end thereof the following paragraph: -

Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency estimated to cost no more than five hundred thousand dollars, except for a pumping station to be constructed as an integral part of a sewer construction or a water construction project bid under the provisions of section thirty-nine M of chapter thirty, shall be awarded consistently with modern and efficient methods of contracting, following, wherever practicable, an invitation for competitive bids.

SECTION 8. Section 69 of chapter 152 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding at the end thereof the following paragraph: -

Any public institution of higher education identified in section 5 of chapter 15A of the General Laws may provide for payment of compensation of all of its employees by insurance with an insurer, subject, however, to the provisions and limitations of this section; provided, however, that any such institution electing to secure insurance hereunder shall give notice thereof to the commissioner and to the commissioner of administration and finance, shall keep at all times on file with the said commissioners a current certificate of insurance, and shall give not less than thirty days’ advance written notice to the said commissioners of the expiration or other lapse, without renewal, of any such policy of insurance. The comptroller of the Commonwealth shall not make or permit to be made against moneys appropriated to any public institution of higher education electing to secure insurance hereunder any charge for workers compensation expenses or benefits except such charge as is required for the payment of premiums for such insurance. No public institution of higher education shall elect to secure insurance hereunder sooner than with effect on July 1, 2003 .

SECTION 9. Section 4 of chapter 703 of the acts of 1963, as most recently amended by section 116 of chapter 653 of the acts of 1989, is hereby further amended by inserting after clause (o) the following clause: -

(p) To purchase, at wholesale or retail, on behalf of one or more of the community or state colleges, at the election of each such community or state college, electric generation service, acting as a supplier, as that term is defined in section 1 of chapter 164 of the General Laws. For such purpose the authority shall be deemed to be licensed as a supplier pursuant to section 1F(1) of said chapter 164, without application to or review by the department of telecommunications and energy. When acting in such capacity, the provisions of section 1F of said chapter 164, and any regulations of the department of telecommunications and energy promulgated pursuant thereto, shall not apply to the authority.

SECTION 10. Section 22 of chapter 15A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by substituting a semi-colon for the period in line 57 and adding thereafter the following:

(p) have the authority to purchase, at wholesale or retail, individually or collectively with the board of one or more of the other community or state colleges of the University of Massachusetts, electric generation service, acting as a supplier, as that term is defined in section 1 of chapter 164 of the General Laws. For such purpose each board shall be deemed to be licensed as a supplier pursuant to section 1F(1) of said chapter 164, without application to or review by the department of telecommunications and energy. When acting in such capacity, the provisions of section 1F of said chapter 164 and any regulations of the department of telecommunications and energy promulgated thereto shall not apply to the board.

SECTION 11. Chapter 15A, as so appearing, is hereby amended by striking out section 15C and inserting in place thereof the following section: -

Section 15C. Each institution within the system of public higher education shall annually produce audited financial statements in accordance with generally accepted accounting principles, generally accepted auditing standards, and generally accepted governmental auditing standards. Such financial statements shall include all appropriated and non-appropriated funds and accounts of the institution.

The office of the state comptroller in consultation with the chancellor shall provide guidelines to insure compliance with generally accepted accounting principles and comparabilty of financial information across institutions and shall for these purposes prescribe requirements to be followed by each instution. For the fiscal year following the state comptroller’s certification of instutional compliance with such requirements, certified institutions shall, on the first day of each fiscal quarter, receive state appropriations in quarterly payments, which payments shall be administered through campus-based systems. The state comptroller shall take appropriate corrective action toward any institution that fails to meet specified requirements. Corrective action may include, but need not be limited to, a requirement for utilization of the state accounting system for all appropriated and non-appropriated funds and accounts.

Copies of the audited financial statements produced pursuant to this section shall be provided to the governor, the general court and the office of the state comptroller.

CLERK NUMBER: 1025

SECTION 7A. Section 5 of Chapter 15A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the second paragraph and by inserting in place thereof the following paragraph: -

The board shall coordinate activities among the public institutions of higher education and shall engage in advocacy on their behalf, which advocacy shall include a sustained program to inform the public of the needs, the importance and the accomplishments of the public institutions of higher education in the Commonwealth.

CLERK NUMBER: 1026

Ms. St. Fleur of Boston, Mr. deMacedo of Plymouth, Mr. Toomey of Cambridge, Ms. Owens-Hicks of Boston, Mr. Kujawski of Webster, Mr. Bosley of North Adams, Mr. Cabral of New Bedford, Mr. Koutoujian of Waltham move that the bill be amended by adding at the end thereof the following section:

SECTION . Section 9 of chapter 15A of the General Laws, as most recently amended by chapter 26 of the Acts of 2003, is hereby amended by adding the following paragraph:

Notwithstanding the provisions of any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees at public institutions of higher education, except the University of Massachusetts Medical School, any individual, in the case of an emancipated individual, or the parent, guardian, or person who stands in loco parentis, in the case of an unemancipated individual, who intends to remain in the state and has resided in the state for purposes other than attending an educational institution for the 12 months preceding the individual’s entry or re-entry as a student at the University of Massachusetts or a state college, or for the 6 months preceding the individual’s entry or re-entry as a student at a community college, shall be eligible for in-state tuition rates and fees. Any individual, other than a non-immigrant alien within the meaning of paragraph 15 of subsection (a) of Section 1101 of Title 8 of the United States Code, who has attended high school in the state for 3 or more years and has achieved graduation from a high school in the state or attained the equivalent thereof, shall also be eligible for in-state tuition rates and fees; provided, that in the case of an individual who is not a citizen or permanent resident of the United States, the individual shall provide the University of Massachusetts, or the state or community college with an affidavit stating that the individual has filed an application to become a citizen or permanent resident of the United States, or will file an application at the earliest opportunity the individual is eligible to do so; and provided further, that insofar as the Massachusetts Maritime Academy is designated a regional maritime academy by the United States maritime administration, residents of states comprising the designated region and attending the Massachusetts Maritime Academy shall also be eligible for in-state tuition rates and fees. The board of higher education, in consultation with the state and community colleges, and the board of trustees of the University of Massachusetts shall issue guidelines to implement the provisions of this paragraph.

CLERK NUMBER: 1027

Mr. Greene of Billerica moves that the bill be amended in section 2, in item 5055-0000, by inserting after “services” the following: “provided that not less than $760,500 be expended in fiscal year 2005 to provide one mental health counselor to each of the thirteen county houses of corrections; provided further, that not less than $1,950,000 be expended to operation regional evaluation and stabilization units in the Hampden and Middlesex houses of corrections”; and in said item by striking out the figures “$5,871,879” and inserting in place thereof the figures “$8,582,379” and striking out in item 1100-1100 the figures $3,297,608 and inserting in place thereof the figures “$587,108”.

CLERK NUMBER: 1028

Mr. Fagan of Taunton moves that the bill be amended by adding at the end thereof the following section:

SECTION . Due to the drastically inadequate state of the present court facilities in the City of Taunton, City of Worcester, and the Town of Plymouth, and due to the resultant public safety and public health risks, the department of capital asset management and maintenance shall cause any and all renovation work to existing state buildings and any and all new construction of state buildings to cease on or before July 31, 2004. Said department may allow said renovation work and new construction to resume upon the completion of the new courthouse facilities in Taunton, Worcester, and Plymouth as previously planned by said department, but not before all three court projects are fully complete.

CLERK NUMBER: 1029

Mr. Straus of Mattapoisett, Ms. Stanley of West Newbury , Mr. Falzon of Saugus , Mr. Demakis of Boston , Mr. Marzilli of Arlington , Ms. L’Italien of Andover move that the bill be amended by adding at the end thereof the following section:

“Section . Notwithstanding the provisions of any general or special law to the contrary, no email service provider shall scan incoming confidential email received in Massachusetts for the purpose of inserting third party ad content.”

CLERK NUMBER: 1030

Mr. Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:-

Chapter 149 of the General Laws as appearing in the 2002 Official Edition is hereby amended by inserting after section 52D, the following section:-

Section 52E.

Each state and municipal agency shall make available up to four hours of paid leave per year to each employee for the purpose of undergoing pre-cancer screening.

CLERK NUMBER: 1031

Representative Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:

"SECTION . Resolved, that a special commission to consist of the commissioner of the division of insurance or his designee, the Attorney General or his designee, the Chairs of the joint committee on health care or their designees, the Chairs of the joint committee on insurance or their designees, the Commissioner of the department of public health or his designee, the Executive Director of the board of registration in medicine or his designee, one representative from the Massachusetts Association of Health Plans, one representative from Blue Cross Blue Shield, one representative from the Massachusetts Medical Society, and one representative from Health Care for All is hereby established for the purpose of conducting a study into the impact of concierge medical practices on citizens of the Commonwealth. The study shall include, but is not limited to, the impact of concierge medical practices on the state’s health care system particularly as it relates to access. The Commission shall examine the number of physicians engaging in the practice of concierge medicine and the number of concierge practices operating in Massachusetts , the number of consumers enrolled in concierge practices and an assessment of the impact on patients displaced due to physicians engaging in these types of practices. The Commission shall review the fees charged by concierge physicians and ascertain whether these fees are being charged for services that are already part of the patient’s coverage with the health insurance carrier. The Commission shall examine whether concierge practices violate state insurance and consumer protection statutes.

The commission shall convene on or before September 1, 2004 and shall file a report not later than January 1, 2005 with the office of the house and senate clerks of the general court with recommendations relative to further regulation of concierge medical practices.

CLERK NUMBER: 1032

Mr. Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:-

Subsection (c) of 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"

CLERK NUMBER: 1033

Mr. Koutoujian of Waltham moves that the bill be amended by adding at the end thereof the following section:-

Chapter 149 of the General Laws as appearing in the 2002 Official Edition is hereby amended by adding the following section: -

Section 33E. Any employee of the commonwealth, of any county, and of any city or town which accepts the provisions of this section, shall be allowed a leave of absence of not more than 30 days in each calendar year for the purpose of serving as an organ donor, without loss of or reduction in pay, without loss of leave to which otherwise entitled, without loss of credit for time or service.

(a) If the necessity for leave under this section is not foreseeable, the employee shall provide the employer with not less than seven days’ notice before the leave is to begin. If the necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.

(b) An employer may require that a request for leave under this section be supported by a certification issued at such time and in such manner as the attorney general may be regulation required.

(c) The attorney general shall enforce this section, and may obtain injunctive or declaratory relief for this purpose. Violation of this shall be subject to the second paragraph of section 150 and to section 180 of this chapter.”

CLERK NUMBER: 1034

Mr. Marzilli Of Arlington moves that the bill be amended by adding at the end thereof the following section(s):

"SECTION____. Section 21A of chapter 44 of the General Laws is hereby amended by striking out, the first sentence and inserting in place thereof the following:

The city council of a city, the board of selectmen of a town and the prudential committee, if any, otherwise, the commissioners of a district, may authorize and provide for the issuance of refunding bonds or notes of the city, town or district for the purpose of paying or refunding all or any designated part of an issue of bonds or notes then outstanding, including the amount of any redemption premium thereon; provided, further, that, notwithstanding any provision of any general or special law, city charter, city ordinance or city council rule or order to the contrary, any vote of the city council of a city authorizing and providing for the issuance of refunding bonds or notes of the city may be introduced and given final passage at one meeting of the city council, shall not be subject to any publication requirement, shall not be subject to any referendum provision, and shall be effective upon passage.

SECTION_____ . Section 21A of chapter 44 of the General Laws is hereby amended by deleting the first clause of the second sentence and by inserting in place thereof, the following new clause:

The first annual payment of principle on account of an issue of refunding bonds or notes shall not be later than the last day of the fiscal year in which any of the bonds or notes being refunded would otherwise have been payable and the annual payments thereafter shall be arranged in accordance with the provisions of section nineteen.

SECTION _____. Chapter 44 of the General Laws is hereby amended by adding the following Section 10A:

Notwithstanding the provisions of section 10 of chapter 44 of the General laws to the contrary, if a city or town incurs debt for a school project that, subsequent to the issuance of such debt, is approved by the board of education for a school facilities grant under the provisions of chapter 70B of the general laws, any such debt that is outstanding upon said approval of the grant shall be outside the debt limit and shall not be reckoned in determining the city or town’s limit of indebtedness under section 10 of said chapter 44.

SECTION_____. Section 19 of chapter 44 of the General Laws is hereby amended by adding at the end of said section , the following new paragraph:

Notwithstanding any general or special law to the contrary, the final payment on account of any bonds issued by a city, town or district may be made not later than the end of the fiscal year in which such bonds would otherwise have been payable in accordance with any other statutory authority pursuant to which the issuance of any such bonds was otherwise authorized.

SECTION____. Section 8 clause (9) of chapter 44 of the General Laws is hereby amended in its entirety to read as follows:

(9) For such emergency appropriations as shall be approved by a majority of the members of a board composed of the attorney general, the state treasurer and the director, for such term as said board shall determine. As used in this clause, emergency means either (i) a sudden, unavoidable event or series of events which could not reasonably have been foreseen or anticipated at the time of submission of the annual budget for approval, or (ii) any other financial urgency as said board shall determine. Emergency shall not be deemed to include the funding of collective bargaining agreements or such items as were previously disapproved by the appropriating authority for the fiscal year in which such borrowing is sought. Notwithstanding any provision of general or special law to the contrary, the city council of a city, the board of selectmen of a town and the prudential committee, if any, otherwise, the commissioners of a district, may authorize and provide for the issuance of bonds or notes of the city, town or district for the purpose of this clause, provided that, notwithstanding any provision of any general or special law, city charter, city ordinance or city council rule or order to the contrary, any vote of the city council of a city authorizing and providing for the issuance of bonds or notes pursuant to this clause may be introduced and given final passage at one meeting of the city council, shall not be subject to any publication requirement, shall not be subject to any referendum provision, and shall be effective upon passage.

CLERK NUMBER: 1035

Mr. Marzilli of Arlington moves that the bill be amended by adding at the end thereof the following section(s):

"SECTION____. Section 6 of Chapter 64H of the General Laws is hereby amended in subsection (p) by deleting item (3), and inserting in place thereof the following:

"(3) sales of fertilizer, including ground limestone, hydrated lime, seed inoculants and plant hormones, as well as other substances commonly regarded in the same category and for the same use, but not including any sales of pesticides, including insecticides, herbicides, fungicides, miticides and all other materials registerd with the Environmental Protection agency as pesticides under Federal Insecticide, Fungicide and Rodenticide Act as well as other pesticides commonly regarded in the same category and for the same purpose.""

CLERK NUMBER: 1036

Mr. Marzilli Of Arlington moves that the bill be amended by adding at the end thereof the following section(s):

"SECTION . Paragraph (o) of subsection (1) of section 4 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 229 and 230, the words “alderman, city councilor, school committee member or town moderator” and inserting in place thereof the following words:- “alderman, city councilor or school committee member.”

CLERK NUMBER: 1037

Mr. Marzilli of Arlington moves that the bill be amended by adding at the end thereof the following section(s):

"SECTION____. Section 13A of chapter 30A of the General Laws shall be amended by adding the following sentence: The Registrar of Motor vehicles shall not issue new or renewal drivers' licenses bearing on its face the driver's social security number unless the driver has affirmatively requested that the license bear his or her social security number in lieu of another number."

CLERK NUMBER: 1038

Mr. Marzilli of Arlington moves that the bill be amended by adding at the end thereof the following section(s):

"SECTION __. Chapter 186 of the acts of 2002 is hereby amended by striking out section 32 and inserting in place thereof the following section:—

Section 32. Sections 2, 6, 7, 8 and 14 shall be effective for tax years beginning on or after January 1, 2002 ."

CLERK NUMBER: 1039

Mr. Marzilli Of Arlington moves that the bill be amended in section 2, in item 1108-5500, by adding at the end thereof the following:

“Provided that no dentist shall be eligible to participate in any dental plan administered by the commission if said dentist has not installed and maintained advanced filtration technology, ISO 11143 certified amalgam separators must be installed, used, and maintained at each dental office in Massachusetts that places, replaces or removes amalgam fillings. As well as requirements that the separators are properly installed and maintained (per manufacturers specifications), and that the captured wastes are recycled by certified or licensed entities”.

CLERK NUMBER: 1040

Mr. Marzilli Of Arlington move that the bill be amended in section 2, in item 7004-000, by adding at the end thereof the following:

“Provided that, notwithstanding any rules or regulations to the contrary, the Bureau of Relocation shall apply a rate of depreciation toward expenses associated with the installation or related assemblage expenses when determining the fair market value for continued use of items of personal property in cases of a relocation claim based upon the actual direct loss of tangible personal property.”.

CLERK NUMBER: 1041

Mr. Marzilli Of Arlington moves that the bill be amended in section 2, in item 6011-0012, by adding at the end thereof the following:

“Provided further that the Massachusetts Highway Department is directed to create a public outreach effort regarding the effects of spraying herbicides and its environmental impact on drinking water sources and wetlands; provided further that the Massachusetts Highway Department is prohibited from spraying herbicides on community roadways until the Commissioner reports the results of said effort to the House Appropriations Committee”.

CLERK NUMBER: 1042

Mr. Marzilli of Arlington moves that the bill be amended in section 2, in item 6010-0012, by adding at the end thereof the following:

“Provided further that the Massachusetts Highway Department is directed to close route 60 between state highway route 2 in the town of Arlington and Winthrop Circle, so-called, in the city of Medford to commercial traffic between the hours of 12 P.M. and 6 A.M effective September 1, 2004, unless the Massachusetts Highway Department declares it a public necessity that said roadway should be open to commercial traffic.”

CLERK NUMBER: 1043

Mr. Marzilli Of Arlington moves that the bill be amended in section 2, in item 2200-0100, by striking out the figures “26,555,935” and inserting in place thereof the figures “28,140,275;” and in item 8900-0001, by striking out the figures “$428,124,325” and inserting in place thereof the figures “$426,539,985;” provided further that Chapter 21A of the General Laws is hereby amended by adding the following section:-

Chapter 21A of the General Laws is hereby amended by adding the following section:-

Section 21. The department of environmental protection shall be responsible to ensure that all dental clinics install, use and maintain advanced filtration technology, ISO 11143 certified amalgam separators at each dental office in Massachusetts that places, replaces or removes amalgam fillings.

CLERK NUMBER: 1044

Mr. Marzilli of Arlington moves that the bill be amended in section 2, by striking out section 90. “Notwithstanding any general or special law or rule or regulation to the contrary, a school district that transports or pays for the transportation of public school children in grades 7 to 12, inclusive, shall also provide transportation or payment for nonpublic school children in the same grade.”

CLERK NUMBER: 1045

Mr. Fagan of Taunton moves that the bill be amended in section 2, in item 7503-0100, by striking out the figures "$12,301,358" and inserting in place thereof the figures "$11,651,358";

and further moves that the bill be amended in said section 2, in item 7109-0100, by striking out the figures “28,946,016” and inserting in place thereof the figures “$29,596,016”;

and further moves that the bill be amended in said section 2, in said item 7109-0100, by inserting at the end thereof the following: -- ; provided further, that not less than $650,000 shall be expended to establish a dental hygiene certificate program to enable students of the southeastern region of the Commonwealth more equitable access to dental hygiene education and training.

CLERK NUMBER: 1046

Representatives Koutoujian of Waltham, Stanley of Waltham, Balser of Newton, Khan of Newton, move that the bill be amended in section 2, in item 4000-0112, by inserting after "Commonwealth", the following: - "and provided further that not less than $50,000 be expended to the Waltham Boys and Girls Club and not less than $50,000 be expended to the Newton Boys and Girls Club”; and in said item, by striking the figures “$1,075,000” and inserting in place thereof the figures “$1,175,000”.

CLERK NUMBER: 1047

Representatives Koutoujian of Waltham, Stanley of Waltham move that the bill be amended in section 2 in item 1201-0160, by striking out the figures "$45,779,169” and inserting in place thereof the figures "$44,579,169"; and by inserting after item 2820-4421, the following item:

" 2820-4422 For the operation and maintenance of the Connors Memorial Pool……………$1,200,000.”

CLERK NUMBER: 1048

Representative Koutoujian of Waltham moves that the bill be amended in section 2, in item 1201-0160, by striking out the figures "$45,779,169” and inserting in place thereof the figures "$45,279,169”; and further moves that the bill be amended in section 2, in item 4510-0110, by adding the following: "provided further that not less than $500,000 be expended to the Waltham Community Health Center.”; and in said item, by striking the figures “$4,381,635” and inserting in place thereof the figures “$4,881,635”.

CLERK NUMBER: 1049

Mr. Kujawski of Webster moves that the bill be amended by inserting after section 12 the following section:--

Section 12B: Section 11 of Chapter 21J, as it presently appears, is hereby amended by striking the first two sentences and substituting the following provision:

The board’s initial determinations of eligibility for reimbursement, and of the amount, if any, of reimbursement to be paid to claimants shall not be considered an adjudicatory proceeding, provided that any person aggrieved by such determination may appeal to the board pursuant to the provisions of chapter thirty A, and shall be afforded the right to an adjudicatory hearing as provided therein.

CLERK NUMBER: 1050

Mr. Kujawski of Webster moves that the bill be amended by inserting in item 5920-2020 by striking out the figure $58,000,000 and inserting the figure $70,000,000; Mr. Kujawski further moves that Line Item 1201 - 0100 that $107,470,805 be stricken and replaced with $95,470,805.