House Budget Amendments

CLERK NUMBER: 1051

Mr. Kujawski of Webster moves that the bill be amended by inserting after section 52 the following section:--

Section 52A: Chapter 211 of the General Laws is hereby amended by adding the following section:-

Section 29. The Board of Bar Overseers shall assess a $50.00 annual registration fee for attorneys who retire from the practice of law, sitting judges, clerk-magistrates, as defined in Canon 1 of Supreme Judicial Court Rule 3:12, Federal clerks of court, chief deputy clerks and deputy clerks, employees of the General Court, District Attorneys and their assistants, the Attorney General and his assistants, attorneys employed by the Committee for Public Counsel Services, and attorneys employed by the Commonwealth of Massachusetts who do not otherwise engage in the practice of law.

CLERK NUMBER: 1052

Mr. Kujawski of Webster moves that the bill be amended in section 2, in item 2511 - 0100 , by adding the following AFTER THE WORDS “ALLEGED BY SAID DEPARTMENT” THE FOLLOWING:

“THE DIVISION OF ADMINISTATIVE LAW APPEALS SHALL MAKE A DETERMINATION AS TO WhETHER THE REGULATIONS ARE REASONABLE, TAKING INTO CONSIDERATION, THE ECONOMIC IMPACT OF SUCH REGULATIONS, THE PUBLIC HEALTH, AND WEHTHER THE PROPOSED REGULATIONS APPLY TO ALL PERSONS OR ENTITIES WHO ARE ENGAGED IN THE SAME OR SIMILAR BUSINESS AS THOSE WHO THE REGULATIONS PURPORT TO EFFECT. IF THE DIVISION MAKES A FINDING THAT THE PROPOSED REGULATIONS ARE NOT REASONABLE, OR THAT THE PROPOSED REGULATIONS DO NOT APPLY TO ALL PARTIES OR ENTITIES ENGAGED IN THE SAME OR SIMILAR BUSINESS AS THOSE WHO THE REGULATIONS PURPORT TO EFFECT, THE REGULATIONS SHALL NOT TAKE EFFECT.”

CLERK NUMBER: 1053

Mr. Kujawski of Webster moves that the bill be amended by inserting after section 45 the following section:--

Section 45A: Massachusetts General Law Chapter 129 section 39A is hereby amended by striking the word “selling” in the second paragraph and adding the following paragraphs at the end:

ANY BREEDER OR BREEDER’S ORGANIZATION WHO BREEDS MORE THAN ONE LITTER PER YEAR OF ANY BREED OF DOG OR CAT AND PLACES ANY OF THOSE ANIMALS FOR SALE , MUST REGISTER WITH THE DEPARTMENT OF AGRICULTURE RESOURCES AND REPORT THE SALE OF ANY SUCH ANIMALS TO THE DEPARTMENT . INCLUDED IN THIS REPORTING SHALL BE THE NAME AND ADDRESS OF THE PARTY OR PARTIES TO WHOM SUCH SALE WAS MADE AND THE DATE OF SUCH SALE .

FAILURE TO REGISTER AND REPORT IN COMPLIANCE WITH THIS SECTION AND ANY PROMULGATED REGULATIONS SHALL SUBJECT THE OFFENDING PARTY TO A FINE OF FIVE HUNDRED ($500.00) DOLLARS FOR EACH FAILURE TO REPORT A BIRTH OF AN ANIMAL AND FIVE HUNDRED ($500.00) DOLLARS FOR EACH SALE OF AN ANIMAL.

THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AT THE EARLIEST POSSIBLE CONVENIENCE TO INSURE COMPLIANCE WITH THIS SECTION BY SUCH BREEDERS.

CLERK NUMBER: 1054

Mr. Kujawski of Webster moves that the bill be amended by inserting after section 57 the following section:--

Section 57A: Section 28E of chapter 278 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

No costs or attorney's fees shall be assessed against the office of the attorney general or a district attorney's office in connection with an interlocutory appeal or application therefor of an order allowing a motion to suppress or dismiss taken by the commonwealth pursuant to section 28E of chapter 278 of the General Laws or the rules of criminal procedure unless the defendant prevails and a single justice determines that the appeal was frivolous. Defendants represented by either the public or private counsel division of the committee for public counsel services shall not be entitled to costs or attorney's fees pursuant to this section.

CLERK NUMBER: 1055

Mr. Kujawski of Webster moves that the bill be amended by inserting in section 77, paragraph 6:--

Amend the sixth paragraph of Section 77 of the House budget to read as follows (new language is underlined): In hospital fiscal year 2005, the total surcharge liability of surcharge payers to the uncompensated care trust fund shall be $160,000,000. The surcharge amount for each surcharge payer shall be equal to the product of (a) the surcharge percentage and (b) amounts paid for services of an acute hospital or ambulatory surgical center by each surcharge payer, minus (c) any net loss incurred during the previous calendar year on operations as a MassHealth managed care organization contracted with the division of medical assistance pursuant to section 12 of chapter 118E. The division of health care finance and policy shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate "payments subject to surcharge", as that phrase is defined in section 1 of chapter 118G of the General Laws. Net loss incurred during the previous calendar year on operations as a MassHealth managed care organization contracted with the division of medical assistance shall be determined based on the results of the annual financial reports submitted to the division of insurance by managed care organizations under section 10 of chapter 176G.

CLERK NUMBER: 1056

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

Section12A: Section 5 of Chapter 21J of the General Laws, as it presently appears, is hereby amended by adding the words “five hundred thousand”, following the word “million” in each of the two places in which said word “million” appears in subsection (a) thereof.

CLERK NUMBER: 1057

Mr. Kujawski of Webster moves that the bill be amended by inserting after section 46 the following section:--

Section 46A: Section 37A of Chapter 148 of the General Laws, as it presently appears, is hereby amended by striking from the first sentence thereof the phrase “provided, that such tank does not have an acceptable form of leak detection and does not have a spill containment manhole and an overfill prevention device” and by substituting a period for the semi-colon which follows the word “liquids” in the first sentence.

CLERK NUMBER: 1058

Mr. Kujawski of Webster moves to amend H# 4600 in section 2 in item 1232-0100 is hereby amended by inserting after the word “Laws” the words “prior appropriation continued” and in section 2 in item 1232 – 0200 is hereby amended by inserting after the word “2005” the words “prior appropriation continued”.

CLERK NUMBER: 1059

Representatives Demakis of Boston, Carron of Southbridge, Patrick of Falmouth, Turkington of Falmouth, Jehlen of Somerville, Linsky of Natick, Paulsen of Belmont, Wolf of Cambridge, Malia of Boston, Kocot of Northampton, L'Italien of Andover, Smizik of Brookline, Spilka of Ashland, Rushing of Boston, Story of Amherst, Canavan of Brockton, Eldridge of Acton, Balser of Newton, Festa of Melrose, Kulik of Worthington, Pedone of Worcester, Scibak of Easthampton, Travis of Rehoboth, Khan of Newton, Teahan of Whitman, Falzone of Saugus, Rush of Boston, Gobi of Spencer, Fox of Boston, Toomey of Cambridge, Spiliotis of Peabody, Donelan of Orange, Petersen of Marblehead, Leary of Worcester, Cabral of New Bedford, Blumer of Framingham, Lantigua of Lawrence, Spellane of Worcester, Swan of Springfield, Walsh of Lynn, Rivera of Springfield, Atkins of Concord, Petruccelli of Boston, Speliotis of Danvers, and Goguen of Fitchburg move that the bill be amended by adding at the end thereof the following section(s):

Chapter 63 of the Massachusetts General Laws is hereby amended by inserting after section 30, as appearing in the 2000 Official Edition, the following section:-

Section 30B. (a) For purposes of this chapter, the income of 2 or more corporations, the voting stock of which is more than 50 per cent owned directly or indirectly by a common owner, and which are engaged in an unitary business, except as provided in subsection (j) of section 38, shall be allocated or apportioned as if the group of corporations were a single corporation, in which event:

(1) The taxable income of any corporation subject to taxation in this commonwealth shall be determined by use of a combined report which includes the income of all corporations which are members of the unitary business, allocated and apportioned using apportionment factors for all corporations included in the combined report under the methods set out in this chapter.

(2) Subject to the limitations of clause (3), the combined report shall include, but shall not be limited to, the income of all corporations which are members of the unitary business and are part of a combined group, as defined by, or are included in a combined report required by, the laws of another state.

(3) Notwithstanding the preceding clause, the combined report shall be limited to the following affiliated entities:

(i) a domestic international sales corporation, as described in Sections 991 to 994, inclusive, of the Internal Revenue Code and a foreign sales corporation as described in Sections 921 to 927, inclusive, of the Internal Revenue Code;

(ii) any corporation, other than a bank, life insurance company, or utility corporation within the meaning of this chapter, regardless of the place where it is incorporated if the average of its property, payroll, and sales factors within the United States is 20 per cent or more;

(iii) a corporation incorporated in the United States, excluding a corporation making an election pursuant to Sections 931 to 936, inclusive, of the Internal Revenue Code or that is a bank, life insurance company, or utility corporation within the meaning of this chapter;

(iv) any corporation that is not described in clauses (i) to (iii), inclusive, or clause (v), but only to the extent of its income derived from or attributable to sources within the United States and its factors assignable to a location within the United States. Income of that corporation derived from or attributable to sources within the United States as determined by federal income tax laws shall be limited to and determined from the books of account maintained by the corporation with respect to its activities conducted within the United States;

(v) an export trade corporation, as described in Sections 970 to 972, inclusive, of the Internal Revenue Code; and

(vi) any affiliated corporation which is a "controlled foreign corporation," as defined in Section 957 of the Internal Revenue Code, if all or part of the income of that affiliate is defined in Section 952 of Subpart F of the Internal Revenue Code, "Subpart F income". The income and apportionment factors of any affiliate to be included under this paragraph shall be determined by multiplying the income and apportionment factors of that affiliate without application of this paragraph by a fraction, not to exceed 1, the numerator of which is the "Subpart F income" of that corporation for that taxable year and the denominator of which is the "earnings and profits" of that corporation for that taxable year, as defined in Section 964 of the Internal Revenue Code. (b) The commissioner shall adopt regulations necessary to ensure that the tax liability or net income of any corporation whose income is derived from or attributable to sources within this commonwealth and which is required to submit a report under subsection (a), and of each entity included in said report, both during and after the period of inclusion in the combined report, is properly reported, determined, computed, assessed, collected, or adjusted.

CLERK NUMBER: 1060

Ms. St. Fleur Of Boston moves that the bill be amended in section 2, in item 7061-9404, by adding at the end thereof the following:

“; provided further, that the department shall issue a report, no later than February 1, 2005, and annually thereafter as a condition of continued funding under this account, in collaboration with the board of higher education, describing MCAS support programs for the graduating classes of 2003, 2004, 2005, and 2006 funded by 7061-9404 and 7027-0019, school to work accounts, institutions of public higher education, and other sources, including federal sources; provided, further, that such report shall include but not be limited to, the number of students eligible to participate in such programs, the number of students participating in such programs, the number of students who have passed the MCAS assessment and obtained a competency determination through these programs, but not met local graduation requirements, and the number of students who have passed the MCAS assessment and obtained a competency determination through these programs and met local graduation requirements; provided, further, that said report shall be provided to the chairmen of the house and senate ways and means committees and the house and senate chairs of the joint committee on education, arts, and humanities; provided, further, that the department shall also submit by July 15, 2004 an updated version of the report filed pursuant to this line item in the fiscal year 2004 state budget and filed on January 24, 2004, relative to the academic support programs provided to students in the class of 2003 which shall include the above listed information; provided further that this report shall serve as the informational basis for a joint hearing on the progress and efficacy of these programs to be conducted by the house and senate committees on ways and means and the joint committee on education, arts, and humanities by September 1, 2004.”

CLERK NUMBER: 1061

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 "$42,779,169”; and further moves that the bill be amended in section 2, in item 4000-0300, by adding the following: "Provided further, $3,000,000, of which a minimum of 75% is eligible for federal financial participation, for The Executive Office of Health and Human Services to acquire through procurement professional and consulting services to enhance the fraud and abuse detection, program management, budgeting, and performance measurement capabilities of EOHHS's existing or planned data warehouse to achieve cost-savings in the Medicaid program and identify program and policy efficiencies across all human service programs; provided further that such procurement must be completed within 180 days from the effective date of this act; provided further that any vendor or vendors engaged contractually by EOHHS must have prior Medicaid data warehouse experience in states whose Medicaid budgets are equal to or greater than Massachusetts to ensure a greater likelihood of success”; and in said item, by striking the figures “$119,028,408” and inserting in place thereof the figures “$122,028,408”.

CLERK NUMBER: 1062

Representatives Koutoujian of Waltham, Teahan of Whitman, Canavan of Brockton, Demakis of Boston, Walsh of Boston, Balser of Newton, Cabral of New Bedford, Simmons of Leominster, Khan of Newton, move that the bill be amended in section 2, in item 0411-1000, by striking out the figures "$5,135,418” and inserting in place thereof the figures "$4,782,418"; and in item 5920-2000, by striking out the figures “$478,614,523” and inserting in place thereof the figures “$478,967,523”.

CLERK NUMBER: 1063

Representatives Koutoujian of Waltham 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 "$20,647,774"; and in item 4580-1000, by striking out the figures “19,152,068” and inserting in place thereof the figures “$25,060,229”.

CLERK NUMBER: 1064

Representative Koutoujian of Waltham moves that the bill be amended in section 2, in item 4512-0103, by striking out the following:- “provided further than $562,876 shall be expended for a program to mitigate the effects of Hepatitis C”; and further 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 "$44,779,169"; and further moves that the bill be amended in section 2 by inserting after item 4513-1112, the following item: "4513-1114: For a Hepatitis C prevention, education and awareness program………$1,000,000”;

CLERK NUMBER: 1065

CLERK NUMBER: 1066

Representatives 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 "$45,729,169"; and further moves that the bill be amended in section 2, in item 4513-1000, by adding the following: "provided further that not less than $50,000 be expended to the REACH program”; and in said item, by striking the figures “$4,840,000” and inserting in place thereof the figures “$4,890,000”.

CLERK NUMBER: 1067

Representative LeDuc of Marlborough moves that the bill be amended in section 2, in item 8900-0001, by adding at the end thereof the following:

“provided further, that the DOC shall make a study of the cost of providing healthcare for inmates and that the participants in this study shall include but not be limited to the DOC, Boston Medical Center, Shattuck Hospital, Tufts Medical Plan, Harvard Pilgrim Health and Blue Cross and Blue Shield. The results of this study including cost reduction recommendations shall be made to the House and Senate Ways and Means Committees and the Executive Office of Public Safety”.

CLERK NUMBER: 1068

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: 1069

Mr. Toomey of Cambridge, Ms. Canavan of Brockton, Ms. Jehlen of Sommerville, Mr. Ciampa of Sommerville move that the bill be amended in section 2, in item 0330-0410, in line 2, by inserting after “that not less than $40,000 shall be expended for the North Shore Community Mediation Program in Salem” the following:

"provided further, that not less than $49,500 shall be expended for the Community Dispute Settlement Center, Inc., of Cambridge; provided further, that not less than $49,500 shall be expended for the Somerville Mediation Program;

CLERK NUMBER: 1070

Mr. Toomey of Cambridge moves that the bill be amended in section 2, in item 8000-8085 in line 2, by inserting after “homeland security costs:” the following:

“provided further that not less than $50,0000 shall be expended for a commission to be known as the State Resilience Development and Anti-Terrorism Commission which shall be comprised of 5 members who shall be appointed by the Inspector General. The commission shall be responsible for researching, developing, and coordinating resilience-building programs and protocols, including, but not limited to, risk communication protocols, community strategies to maximize public adherence to disaster contingency plans, training for teachers and school personnel to guide students through disasters and tools for first responders to maximize their effectiveness during and after a crisis. The commission shall approve and audit all state, local and regional programs and insure that all state, local and federal funding and grants are appropriately expended. The commission shall analyze state and local preparedness for terrorism to ensure that the state public health infrastructure is prepared to adequately respond to the psychological consequences across a continuum of possible terrorism events. The commission shall ensure that state and local disaster planners address psychological consequences in their planning and preparedness and in their response to pre-event, event and post-event phases of terrorist attacks. Due consideration shall be given to needs associated with different types of terrorism events and to needs for various segments of the population. Due consideration shall also be given to providing adequate state and local prioritization and funding of resources and support for psychological preparedness and response. The commission shall develop strategies for encouraging state public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase psychological resilience and mitigate distress reactions and maladaptive behaviors to a conventional, biological, chemical or radiological attack in the Commonwealth. The commission may hire staff, contract and enter into agreements for the operation of the commission. The commission may seek grants and other funding sources for the operation of the commission.”;

and in said item by striking out the figures “2,500,000” and inserting in place thereof the figures “2,550,000”.

CLERK NUMBER: 1071

Mr. Toomey of Cambridge moves that the bill be amended in section 2, in item 8910-0619, by striking out the figures “39,114,291” and inserting in place thereof the figures “39,229,291”;

and in item 1100-1100 by striking the figures “3,297,608” and inserting in place thereof the figures “3,182,608”.

CLERK NUMBER: 1072

Mr. Toomey of Cambridge , Mr. Correia of Fall River , Ms. Haddad of Somerset ,

Ms. Wolf of Cambridge move that the bill be amended in section 2,

by striking out item 4513-1000 and inserting in place thereof the following item:

“4513-1000 For the operation of the division of family health services; provided that not

less than $450,000 shall be directed to community health centers to provide

maternal - child health services through combined primary care; provided

further that, of the amount appropriated in this item, funds may be

expended for rape prevention and victim services, including the statewide

Spanish language hotline for sexual abuse, family planning services,

Latinas y ninos; provided further that no less than $4,463,000 shall be

expended for family planning services and expanded outreach and

education provided by agencies certified as comprehensive family planning

providers……………………………………….. $7,251,396’

and amended further in item 0640-0000 by deleting the figure of “$67,022,388”

and inserting in place thereof the following figure: “$64,610,992”

Co-sponsors

Representative District

Deborah Blumer 6th Middlesex

Carol Donavan 30th Middlesex

Paul Demakis 8th Suffolk

Peter Koutoujian 10th Middlesex

William Pignatlli 4th Berkshire

Vincent Ciampa 34th Middlesex

Peter Kocot 1st Hampshire

Stephen Kulik 1st Franklin

Mark Falzone 9th Essex

Diane Porier 14th Bristol

Michael Costello 1st Essex

Cheryl Rivera 1st Norfolk

Anne Paulsen 24th Middlesex

Kay Kahn 11th Middlesex

John Binienda 17th Worcester

David Linsky 5th Middlesex

Christine Canavan 10th Plymouth

William Lantigua 16th Essex

Mathew Patrick 3rd Barnstable

Anthony Verga 8th Norfolk

Christopher Donelan 2nd Franklin

James Fagan 3rd Bristol

William Kafka 8th Norfolk

Stephen Leduc 4th Middlesex

Byron Rushing 9th Suffolk

Mary Grant 6th Essex

Brad Hill 4th Essex

Eric Turkington Barnstable , Dukes & Nantucket

Barbara L’Italien 18th Essex

Shirley Gomes 4th Barnstable

Brian Knuuttila 2nd Worcester

Antonio Cabral 13th Bristol

Barry Finegold 17th Essex

Mary Rogeness 2nd Hampden

Alice Peisch 14th Norfolk

Vincent Pedone 15th Worcester

Elizabeth Malia 11th Suffolk

Anne Gobi 5th Worcester

David Torrisi 14th Essex

Ellen Story 3rd Hampshire

Michael Festa 32nd Middlesex

Gloria Fox 7th Suffolk

James Valle 10th Norfolk

Demtrius Atsalas 2nd Barnstable

James Eldridge 37th Middlesex

Stephen Tobin 2nd Norfolk

Mark Falzone 9th Essex

James Marzilli 23rd Middlesex

Kay Kahn 11th Middlesex

Patricia Walrath 3rd Middlesex

Jeffery Sanchez 15th Suffolk

Daniel Bosley 1st Berkshire

Stephen Walsh 11th Essex

Patricia Jehlen 24th Middlesex

Rachel Kaprielian 13th Essex

Ted Spiliotis 12th Essex

Cory Atkins 14th Middlesex

CLERK NUMBER: 1073

Mr. Toomey of Cambridge moves that the bill be amended at the end thereof by inserting the following section:

“SECTION ______ Notwithstanding any general or special law to the contrary, the division of medical assistance shall seek a waiver under the titles XIX and XXI of the Social Security Act to expand MassHealth comprehensive family planning services for individuals whose income is at least up to 200% of the federal poverty line. Said waiver shall at least include those services currently covered as comprehensive family planning services including comprehensive medical and gynecological examinations, contraceptive counseling and methods, sexually transmitted disease testing and treatment, screening for breast and cervical cancer, related laboratory screenings, non directive counseling and referral for pregnancy and prenatal care, infertility and other health related issues. Said division shall notify the house and senate ways and means committees within 10 days of the filing of said waiver with the Centers for Medicare and Medicaid Services and shall notify said committees within 10 days of approval of said waiver.

CLERK NUMBER: 1074

Mr Toomey of Cambridge, Ms. Reinstein of Revere, Mr. Patrick of Falmouth, Mr. Howland of East Freetown, Mr. Donelan of Orange, Ms. L’Italien of Andover move that the bill be amended by inserting at the end thereof the following:

Section Chapter 10 of the General Laws is hereby amended by inserting after section 72A the following:

The commission shall require all applicants for alcoholic beverage licenses to submit a certificate of approval from a duly recognized local inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector as provided in chapter 143, from the city, town or district wherein such alcoholic beverages will be sold, whereas said certificate of approval shall attest to the safety of the building or structure wherein said applicant intends to sell alcoholic beverages and that said building or structure wherein said applicant intends to sell alcoholic beverages meets or exceeds the requirements of the state building code.

The commission shall also promulgate rules and regulations that (1) require all owners, lessees or mortgagees of businesses licensed to sell or distribute alcoholic beverages to meet or exceed the requirements of the state building code in order to maintain said license and that all said licensees shall submit a certificate of approval from a duly recognized inspector of buildings, building commissioner or local inspector of a city, town or district or other duly recognized local inspector as provided in chapter 143 as a condition of maintaining said license to sell alcoholic beverages and that; (2) restrict the operation of any business licensed to sell alcoholic beverages until these conditions are met.

CLERK NUMBER: 1075

Mr Toomey of Cambridge, Ms.Reinstein of Revere, Mr. Eldridge of Acton, Mr. Patrick of Falmouth, Mr. Howland of East Freetown, Ms. Balser of Newton, Ms. Pope of Wayland, Ms. L’Italien of Andover move that the bill be amended by inserting at the end thereof the following:

Section ______ Chapter 148 of the General Laws is hereby amended by inserting after Section 26G the following section:-

Section 26G½.

Every building or structure, or portions thereof of public assembly, including such buildings or structure owned or controlled by the commonwealth or a political subdivision thereof, with a capacity of 50 persons or more, designed or used for occupancy as a nightclub, dance hall, discotheque, bar or similar purpose; including all rooms, lobbies and other spaces connected thereto and all means or egress and entrances, including any such public assembly located within a mixed use building or structure, shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code.

This section shall not apply to a place of assembly within a building or structure or portions thereof used principally as a house of worship, restaurant, lecture hall, auditorium, state or local government building, educational function facility, or other similar place of assembly. Temporary use of such a building or structure or portions thereof as a nightclub, dance hall, discotheque, bar or similar purposes, may be allowed on a temporary basis provided a permit is issued for such use by the head of the fire department who may set the terms and conditions to protect against fire and preserve public safety.

Any owner of a building or structure or portions thereof subject to the provisions of this section shall submit plans and specifications for the installation of an adequate system of automatic sprinklers to the head of the fire department within eighteen months of the date of enactment of this section and shall install an adequate system of automatic sprinklers within 3 years of the enactment of this section. The head of the fire department may allow a reasonable extension of time, not to exceed 1 year, to comply with this section if the owner has submitted the required plans and specifications, has entered into an existing contract for the installation and documents that the delay is caused by no fault of his own.

For the purpose of this section the term: “adequate system of automatic sprinklers” shall include, in addition to automatic sprinklers: (1) fire alarm system control equipment to notify persons of an emergency within said place of assembly and (2) adequate supervision of automatic sprinkler system and fire alarm equipment in accordance with the provisions of the state building code.

The head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department’s interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within 45 days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section 201 of chapter 6.

Section ______ Subsection 2(d) of chapter 62 of the General Laws is hereby amended by inserting after paragraph (2) the following paragraph:-

(3)(a) For purposes of the depreciation deduction allowed under sections 62(a)(1) and 168 of the Federal Internal Revenue Code, as amended and in effect for the taxable year, a taxpayer that is required to comply with the provisions of section 26G½ of chapter 148 of the General Laws and that has so complied, may classify an automatic sprinkler system placed in service on or after the date of adoption of section 26G ½ of said chapter 148, and having a situs in the commonwealth, and used exclusively in the trade or business of such taxpayer, as 5-year property as defined under section 168(e)(3) if the Federal Internal Revenue Code. The term “automatic sprinkler system” means the system installed pursuant to the provisions of section 26G ½ of said chapter 148 and in accordance with the provisions of the state building code.

(b) Such depreciation deduction for the automatic sprinkler system shall be allowed only upon the condition that the net income for the taxable year and all succeeding taxable years be computed without any depreciation deduction upon the property other than the deduction allowed by this section.

Section _______ Chapter 63 of the General Laws is hereby amended by inserting thereof the following section:-

38R. (a) In determining the net income subject to tax under this chapter, a domestic or foreign business corporation required to comply with the provisions of section 26G ½ of chapter 148 of the General Laws and that has so complied, may, for the purposes of the depreciation deduction allowed under section 168 of the Federal Internal Revenue Code, classify an automatic sprinkler system placed in service on or after the date of adoption of section 26G ½ of said chapter 148, and having a situs in the commonwealth, and used exclusively in the trade or business of such corporation, as 5-year property as defined under 168(e)(3) if the Federal Internal Revenue Code. The term “automatic sprinkler system” means the system installed pursuant to the provisions of section 26G ½ of said chapter 148 and in accordance with the provisions of the state building code.

CLERK NUMBER: 1076

Mr. Toomey of Cambridge and Ms. L’Italien of Andover move that the bill be amended by adding at the end thereof the following section:

Section _____ Notwithstanding the provision of any general or special law to the contrary, the MBTA (Massachusetts Bay Transportation Authority) shall not charge any fare between Lechmere and North Station for shuttle bus service that will be running in conjunction with the Green Line construction project between those two stations.

CLERK NUMBER: 1077

Mr. Toomey of Cambridge moves that the bill be amended by inserting at the end thereof the following:

Section _________ Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in subsection (4)(i) of section 5 by adding after the fifth sentence in line 248 the following sentence: --

Any member who, prior to July 1, 2001, filed an election form with the payroll, business or other appropriate officer of the city, town or school district, authorizing deductions of 11% pursuant to the alternative superannuation retirement benefit program, shall be deemed to have made an election for the purpose of this section.

Co-sponsors

Representative District

Christopher J. Donelan 2nd Franklin

David Paul Linsky 5th Middlesex

Paul J. Donato 35th Middlesex

Thomas P. Kennedy 9th Plymouth

Alice K. Wolf 25th Middlesex

James B. Leary 14th Worcester

Kathi-Anne Reinstein 16th Suffolk

Cheryl A. Rivera 10th Hampden District

Anne M. Paulsen 24th Middlesex

Barbara A. L’Italien 18th Essex

Mark J. Carron 6th Worcester

Mark V. Falzone 9th Essex

Anne M. Gobi 5th Worcester

CLERK NUMBER: 1078

Mr. Toomey of Cambridge and Mr. Vallee of Franklin move that the bill be amended in section 2, in item 8950-0001, by striking out the figures “12,353,427” and inserting in place thereof the figures “13,496,758”;

and in item 1100-1100 by striking the figures “3,297,608” and inserting in place thereof the figures “2,154,277”.

Co-sponsors

Representative District

Paul Kujawski 8th Worcester

John P. Fresolo 16th Worcester

David B. Sullivan 6th Bristol

Peter V. Kocot 1st Hampshire

Michael J. Coppola 1st Bristol

James E. Vallee 10th Norfolk

Patricia D. Jehlen 27th Middlesex

Demetrius J. Atsalis 2nd Barnstable

Thomas A. Golden, Jr. 16th Middlesex

Donald F. Humason, Jr. 4th Hampden

Peter J. Koutoujian 10th Middlesex

Michael E. Festa 32nd Middlesex

Kathleen M. Teahan 7th Plymouth

Anne M. Gobi 5th Worcester

Christopher J. Donelan 2nd Franklin

Mary E. Grant 6th Essex

Mark V. Falzone 9th Essex

A. Stephen Tobin 2nd Norfolk

Joyce A. Spiliotis 12th Essex

CLERK NUMBER: 1079

Mr. Toomey of Cambridge , Mr. Walsh of Boston , Mr. Vallee of Franklin , and Mr. Jones of North Reading move that the bill be amended in section 2 by inserting after item 8100-0101 the following item:

“8100-0515 For two state police recruit training troops; provided, that each class shall fund not less than 150 recruits; provided further, that funds from this item may be expended for the salaries and employee-related costs of graduates from the first class funded

herein ……………………………………………………………………….. $11,000,000”;

and in item 1201-0100 by striking the figures “107,470,805” and inserting in place thereof the figures “96,470,805”.

State Police Classes Co-Sponsors

Name District

Paul Kujawski 8th Worcester

John Fresolo 16th Worcester

James Leary 14th Worcester

Susan Williams-Gifford 2nd Plymouth

Reed Hillman 1st Hampden

David Sullivan 6th Bristol

Peter Kocut 1st Hampshire

Michael Coppola 1st Bristol

Kathi-Anne Reinstein 16th Suffolk

James Vallee 10th Norfolk

John Binienda 17th Worcester

Frank Smizik 15th Norfolk

Demetrius Atsalis 2nd Barnstable

Barbara L’Italien 18th Essex

Shirley Gomes 4th Barnstable

Thomas Golden, Jr. 16th Middlesex

Paul Donato 35th Middlesex

Christopher Fallon 33rd Middlesex

Donald Humason 4th Hampden

Robert Nyman 5th Plymouth

Peter Koutoujian 10th Middlesex

Michael Rush 10th Suffolk

Vincent Ciampa 34th Middlesex

Anne Gobi 5th Worcester

Christopher Donelan 2nd Franklin

Brian Knuuttila 2nd Worcester

Mary Grant 6th Essex

Robert Fennell 10th Essex

William Lantigua 16th Essex

Mark Falzone 9th Essex

Stephen Tobin 2nd Norfolk

Thomas O’Brien 12th Plymouth

CLERK NUMBER: 1080

Mr. Toomey of Cambridge, Ms. Teahan of Whitman, Mr. Eldridge of Acton and Mr. Donelan of Orange move that the bill be amended in Section 2, item 8900-0001 by striking the figures “428,124,325” and inserting in place thereof the figures “434,691,935”;

and in item 1201-0100 by striking out the figures “107,470,805” and inserting in place thereof the figures “100,903,195”.

CLERK NUMBER: 1081

Mr. Fagan of Taunton 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, regulation, or rule to the contrary, during fiscal year 2005, the division of unemployment assistance shall maintain an office in the City of Taunton within a one-half mile radius of the Bristol Superior Court building for the purposes of holding hearings.

CLERK NUMBER: 1082

Ms. Blumer Of Framingham and Mr. Linsky of Natick move that the bill be amended by adding at the end thereof the following section(s):

"Section ___:

"Section 10 (a) of Chapter 81A as appearing in the 2002 official edition of the Massachusetts general laws is hereby amended in line 3 after the word "thereof" by inserting the following: “provided that no tolls shall be charged to school buses.”

Section 10(b) of Chapter 81A is amended in line 54 by inserting after “ambulance vehicles,” the following: “and school buses”."

CLERK NUMBER: 1083

Ms. Blumer Of Framingham move that the bill be amended by adding at the end thereof the following section(s):

"SECTION ___ :

"Chapter 271, section 7A as most recently amended by chapter 222 of the Acts of 1985 is further amended by adding the following sentence to the end of paragraph eight:- Public elementary schools shall by required to file said form within ten days but shall not be required to pay therewith a tax on the gross proceeds derived from said raffle or bazaar."

CLERK NUMBER: 1084

Mr. Finneran of Boston , Ms. St. Fleur of Boston , Mr. Larkin of Pittsfield , Ms. Wolf of Cambridge , and Ms. Haddad of Somerset move that the bill be amended in section 2, by inserting the following item:

“0990-0000 For the maintenance and operation of the board of early education and care; provided, that said board may enter into interagency service agreements with other state agencies for the administration of early education and care services …………………………………………………………………………………. $99,000”;

and by adding at the end thereof the following sections:

SECTION . Chapter 15C of the Massachusetts General Laws is hereby amended by inserting at the end thereof the following new chapter:-- Chapter 15D

Section 1. There shall be a department of early education and care, in this chapter called the department, which shall be under the supervision and control of a board of early education and care.

Section 2. There shall be established a board of early education and care, hereinafter referred to as the board, for the purpose of administering a high-quality system of early education and care. The board shall consist of the secretary of the executive office of health and human services, the commissioner of the office for child care services, the commissioner of the department of education, the commissioner of the department of public health, the chancellor of higher education, and four additional members selected by the governor. In making such selections, the governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth, who are familiar with the differing interests, perspectives and needs of urban, rural and suburban regions, and who reflect the ethnic and racial diversity of the Commonwealth’s young children. No appointive member of said board shall be employed by or receive regular compensation from the department of early education and care. The governor shall appoint the chairperson of the board. The board shall meet not fewer than ten times annually at the call of the chairman. Not more than two appointive members of said board shall be employed on a full-time basis by any agency of the commonwealth.

Section 3. The board of early education and care shall by a two-thirds vote of all its members appoint a commissioner of early education and care, in this chapter called the commissioner, and may in its discretion by majority vote of all its members remove said commissioner. The commissioner shall be the secretary to the board and its chief executive officer. The commissioner shall receive a salary to be determined by the board.

Section 4. (a) The board shall administer a high-quality system of early education and care. (b) The board shall oversee the development and implementation of a program of voluntary, universally accessible, high-quality early childhood education and care to all preschool-aged children in the Commonwealth. (c) The board shall oversee the development and management of a comprehensive evaluation of programs for early childhood education and care to establish baseline data for the implementation of said universally accessible, high-quality early childhood education and care in order to design a program which improves children’s readiness for school; provided, that said board shall evaluate periodically such early childhood education system. (d) The board shall oversee a workforce development system designed to support the education, training and compensation of the early education and care workforce, including all center, family child care, infant, toddler, preschool and school-age providers.

Section 5. There shall be established an advisory council to the board, hereinafter referred to as the council, to advise the board and the commissioner on matters consistent with the board’s purpose, of no more than 15 members who shall be recommended by the commissioner and appointed by the board. In making the appointments to the council, the board shall include at least one representative from each of the following: an early education and care program which services state subsidized children; an early education and care program which does not serve state subsidized children; a family child care provider or a representative of a family child care system; head start; a child care resource and referral agency; a public school; a non-public school; a consumer of early childhood services; a kindergarten teacher; an early education and care teacher; and a pediatric health care provider. All members shall have expertise and demonstrated interest in early education and care services and a commitment to maximizing family choice by preserving a mixed system of high-quality public and private programs. In making their appointments, the board shall also ensure that members are broadly representative of the geographic, ethnic, racial and economic diversity of the Commonwealth’s young children. A chair person of the council shall be selected by a vote of the majority of its members.

Section 6. The board shall submit an annual report to the governor and to the house and senate clerks, describing its progress in achieving the goals and implementing the programs described in this chapter.

SECTION . Section 1E of chapter 15 of the Massachusetts General Laws, as appearing in the 2002 edition, is hereby amended by inserting after the word “education,” in line 4, the following new phrase: “the commissioner of early education and care” and is further amended by striking the word “five” in line 8 and inserting in its place thereof the word “four”.

SECTION . Section 4 of chapter 15A of the Massachusetts General Laws, as most recently amended, is hereby amended by striking the first sentence and inserting in place thereof the following:-

The board of higher education, hereinafter referred to as the board, shall be composed of 11 voting members, consisting of the commissioner of education, ex officio, the commissioner of early education and care, ex officio, and 6 members appointed by the governor reflecting regional geographic representation, and 3 members chosen to represent public institutions of higher education.

CLERK NUMBER: 1085

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

"Section ___. Section 16 of chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph: -

(1) "Supplemental Environmental Project", any environmentally beneficial project or actions that a regulated entity agrees to undertake in settlement of an assessment for noncompliance by the department, but that the regulated entity is not otherwise legally required to perform.

“Environmentally beneficial”, a supplemental environmental project that must primarily benefit the public health, safety, or welfare, or the environment.

“Undertake in settlement of an assessment for noncompliance”, the commissioner must determine the scope of the project, and the project may not be undertaken before noncompliance has been identified.

“Not otherwise legally required to perform”, the supplemental environmental project is not required to be performed by any federal, state, or local law or regulation.

“Civil administrative penalty”, includes monetary amounts and other relief that may include supplemental environmental projects, provided that in each such instance the commissioner makes a specific finding, supported by credible evidence, of the monetary cost of such supplemental environmental project.

(2) Said section 16 is further amended by inserting after the twelve paragraph the following paragraph: - Notwithstanding the monetary restrictions on penalties as set forth in the next paragraph, in assessing a civil administrative penalty as provided for in this section the department shall require the monetary costs of such penalties to exceed any economic benefit realized by a person for noncompliance. The department shall make reasonable efforts to determine whether the economic benefit of noncompliance, if any, exceeds the monetary cost. The department shall not dispose of by stipulation, settlement, or consent order, any attempt to assess a penalty for noncompliance after written notice of noncompliance or intent to assess a civil administrative penalty has been given unless the commissioner issues in writing his decision that the economic benefit of such noncompliance, if any, does not exceed the monetary cost of the requirements set forth in such stipulation, settlement or consent order.

(3) Said section 16 is further amended, in the fifteenth paragraph, by striking out, in the first sentence, the words “two hundred and fifty dollars per day each day” and inserting in place thereof the following words: - “one thousand dollars per day each day.”

Section 18 of chapter 21A is hereby amended by inserting after the seventh paragraph the following paragraph: -

“Environmentally beneficial”, a supplemental environmental project that must primarily benefit the public health, safety, or welfare, or the environment.

“Not otherwise legally required to perform”, the supplemental environmental project is not required to be performed by any federal, state, or local law or regulation.

(2) Said section 18 is further amended by inserting at the beginning thereof the following new subsection: - (a) The department will develop a strategic plan, available for public inspection, including measurable goals for inspection, compliance monitoring, and enforcement. The plan shall incorporate, but not be limited to: consideration of existing environmental conditions and compliance monitoring and enforcement actions to improve existing conditions; expected compliance rates for regulated activities; compliance status of regulated sectors or facility types; response actions to citizen requests and complaints; consistency of compliance and enforcement efforts and outcomes across all regional department offices and among regulated sectors; agency resources, including those directed to training enforcement staff, to compliance monitoring and enforcement, and including time to be charged by supervisory personnel to enforcement efforts; types of penalties imposed and collected for significant violations; and systems for tracking ongoing compliance and enforcement efforts, noncompliance, repeated noncompliance, and compliance assistance efforts and follow-up inspections. The advisory committee will advise the commissioner with respect to preparation of the annual strategic plan developed under this subsection.

(3) Said section 18 is further amended in subsection (i) by inserting at the end thereof the following subparagraph: - (6) Each year the commissioner shall furnish to the advisory committees, the secretary of environmental affairs, the secretary of administration and finance, the joint committee on natural resources and agriculture, and to the house and senate committees on ways and means an estimate of the annual budget amount required by the commissioner for inspection, compliance monitoring, and enforcement pursuant to all environmental statutes, including compliance by the commissioner with the provisions of this chapter. As part of such estimate, the commissioner shall recommend a schedule of annual compliance assurance fees that must be charged to entities regulated by the commissioner that would generate revenue sufficient to defray the costs contained in such estimate.

(4) Said section 18 is further amended in subsection (k) by inserting, in the second sentence, after the word “limitation:”, the following words: - the number of facilities subject to permitting or other environmental standards, and the number of new, modified, and expired permits or environmental orders; the number of onsite inspections conducted, and the number of such inspections that were not announced in advance to the entity subject to inspection; the number of significant permit or standard noncompliance by category of permit; the number of administrative enforcement actions taken with respect to such noncompliance and the results thereof, including the amount of fines and penalties collected; the number of judicial enforcement actions taken with respect to such noncompliance and the results thereof, including the amount of fines and penalties collected; any supplemental environmental projects undertaken and the environmental benefits resulting from each such project;

Section 19G of chapter 21A is hereby amended by inserting at the end thereof the following new subsection: -

(1) In assessing a civil administrative penalty as provided for in this section the department shall require the monetary costs of such penalties to exceed any economic benefit realized by a person for noncompliance. The department shall make reasonable efforts to determine whether the economic benefit of noncompliance, if any, exceeds the monetary cost. The department shall not dispose of by stipulation, settlement, or consent order, any attempt to assess a penalty for noncompliance after written notice of noncompliance or intent to assess a civil administrative penalty has been given unless the commissioner issues in writing his decision that the economic benefit of such noncompliance, if any, does not exceed the monetary cost of the requirements set forth in such stipulation, settlement or consent order.

The provisions of this Section shall take effect 180 days from the enactment of the bill."

CLERK NUMBER: 1086

FLOOR AMENDMENT

Mr. Costello of Newburyport moves to amend the bill by striking out item 0332-2300; in item 0332-2800 by striking out the figure “$477,982” and inserting in place thereof the figure “$670,456”; by inserting after section 53 the following three sections:

“SECTION 53A. Section 1 of chapter 218 of the General Laws, as appearing in section 453 of chapter 26 of the acts of 2003, is herby amended by striking out the second paragraph, under the caption Essex .

SECTION 53B. Said section l of said chapter 218, as so appearing, is hereby further amended by striking out the fourth paragraph, under the caption Essex, and inserting in place thereof the following paragraph:-

The district court of eastern Essex , held at Gloucester ; Essex , Gloucester , Hamilton , Ipswich , Rockport, and Wenham.

SECTION 53C. Said section l of said chapter 218, as so appearing, is hereby further amended by striking out the seventh paragraph, under the caption Essex, and inserting in place thereof the following paragraph:-

The district court of Newburyport, held at Newburyport ; Amesbury, Merrimac, Newbury, Newburyport , Rowley, Salisbury , Topsfield and West Newbury ; the central district court of northern Essex exercising concurrent jurisdiction in West Newbury .

SECTION 53D. Notwithstanding any general or special law to the contrary, the incumbent clerk-magistrate of the Ipswich division of the district court department of the trial court shall be the clerk-magistrate of the Newburyport division of the district court department of the trial court.

SECTION 53E. Any present employee of the Ipswich division of the district court department of the trial court who has 20 or more years of service to the commonwealth may retire at the maximum retirement benefits pursuant to chapter 32 of the General Laws.

CLERK NUMBER: 1087

Representative Rivera of Springfield moves that the bill be amended in section 2, in item 0640-0300, by adding at the end thereof the following:

“provided further, that not less than $75,000 shall be appropriated to the Puerto Rican Cuatro Project, so-called, a cultural development project under the Spanish American Union, Inc. of Springfield , Massachusetts ”.

CLERK NUMBER: 1088

Mr. Speliotis of Danvers, Mr. Ruane of Salem, Ms. Story of Amherst, Ms. Spiliotis of Peabody, Ms. Malia of Boston, Mr. Sullivan of Fall River, Mr. Kennedy of Brockton, Ms. Jehlen of Somerville, Ms. Haddad of Somerset, Ms. Paulsen of Belmont, Mr. Carron of Southbridge, Mr. Eldridge of Acton, Mr. Patrick of Falmouth, Mr. Miceli of Wilmington, Mr. Torrisi of North Andover, Ms. Grant of Beverly, Mr. Linsky of Natick, Ms. Owens-Hicks of Boston, Mr. Fagan of Taunton, Mr. Hill of Ipswich, Mr. Broadhurst of Methuen, Mr. Verga of Gloucester, Mr. Timilty of Milton, Mr. Petersen of Marblehead, Ms. Gobi of Spencer, Ms. Teahan of Whitman, Ms. Polito of Shrewsbury, Mr. Scibak of South Hadley, Mr. Demakis of Boston, Mr. Sanchez of Boston, Mr. Atsalis of Barnstable, Ms. L'Italien of Andover, Mr. Smizik of Brookline, Mr. Rushing of Boston, Mr. Lantigua of Lawrence, Ms. Gomes of Harwich, Ms. Khan of Newton, Mr. Wallace of Boston, Mr. Walsh of Lynn and Mr. Falzone of Saugus move that the bill be amended in section 36, by striking out the text and inserting in place thereof the words “The same standards and regulations for personal care attendant services in effect on February 1, 2004 shall be retained in fiscal year 2005 unless an agreement to any changes is reached between the division of medical assistance, designees of the governor's advisory commission on disability policy, the Massachusetts office on disability and the statewide independent living council”.

CLERK NUMBER: 1089

Section 110. Notwithstanding any general or special law to the contrary, the secretary of the executive office of health and human services shall prepare a report by January 28, 2005 on projected waiting lists for the next 3 fiscal years (FY06, FY07, FY08) for services from the Department of Mental Retardation, the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind and the Massachusetts Commission for the Deaf and Hard of Hearing. The report shall cover services including numbers of individuals, estimated costs, and estimates of other (federal) reimbursements available for the following program accounts: 4120-4000, 4120-4010, 4120-5000 4120-6000, 4110-1000, 4110-3010, 4125-1000, 5920-2000, 5920-3000, and 5920-5000.

CLERK NUMBER: 1090

Representative Keenan of Southwick moves that the bill be amended in Section 75, by inserting in the first paragraph after the second sentence the following:

“Said secretary shall provide a $500,000 one-time grant from said Fund for a hospital located in Hampden County , west of the Connecticut River with under a hundred beds that participates in MassHealth.”

CLERK NUMBER: 1091

Representative Keenan of Southwick moves that the bill be amended in Section 77, by inserting in the sixth paragraph after the second sentence the following:

“For the ten hospitals with the highest percentage of Medicaid (including Managed Care) to total revenue in FY 2002, the FY 2005 payment ratio shall be at least 88%.”

CLERK NUMBER: 1092

Ms Polito of Shrewsbury moves in section 2, in item 5095-0015 in line 24, by inserting after “Hospital;” the following: “provided further that no closure shall be approved by the General Court without the authorization of the Westboro municipal officials”.

CLERK NUMBER: 1093

Mr. Naughton of Clinton moves that the bill be amended in section 2 item

0321-1510 in line 5 by striking out “and provided further, that the

rates of compensation paid for private counsel services from this item shall be

the same as the rates paid in fiscal year 2004” and inserting thereof the

following; “and provided further that the rate of compensation for bar

advocates of the district court shall be not less that $40.00 per hour”.

CLERK NUMBER: 1094

Mr. Naughton of Clinton moves that the bill be amended in section 2 item

0321-1510 in line 5 by striking out “and provided further, that the

rates of compensation paid for private counsel services from this item shall be

the same as the rates paid in fiscal year 2004” and inserting thereof the

following; “and provided further that the rate of compensation for bar

advocates of the district court shall be not less that $50.00 per hour”.

CLERK NUMBER: 1095

Mr. Naughton of Clinton moves that the bill be amended in section 2, in item

0611-5510 by inserting at the end thereof the following; “provided that not

less than $85,000 be reimbursed to the town of Boylston ”

CLERK NUMBER: 1096

Mr. Naughton of Cliton move that the bill be amended in section 2, in item 0332-7500, by striking out the figures “$250,087” and inserting in place thereof the figures “$398,305”; and in item 0330-0300, by striking out the figures “$110,546,710” and inserting in place thereof the figures “$110,148,405”.

CLERK NUMBER: 1097

Mr. Naughton of Clinton moves that the bill be amended at the end thereof

By adding the following sections:

SECTION ___ Notwithstanding any general or special law to the contrary, the

commonwealth hereby cedes concurrent jurisdiction to the United States over

the lands, waters, and improvements in the town of Harvard that (a) are

presently owned or hereafter acquired by condemnation or otherwise, leased,

occupied, or controlled by the United States for the use by the Federal Bureau

of Prisons, and (b) comprise any part of the correctional institution presently

known and identified as the Federal Medical Center .

SECTION ___Cession of concurrent Jurisdiction pursuant to section 1 shall

take effect only upon acceptance of such jurisdiction by the United States

pursuant to 40 U.S.C. 255. Exclusive jurisdiction over all or any portion of the

property described in section 1 shall revest in the commonwealth if such

property ceases to be used by the United States for correctional purposes.

CLERK NUMBER: 1098

Mr. Naughton of Clinton moves that the bill be amended in section 2, in item

7006-0040 by striking the figure “$3,025,423” and inserting the following

figure in place thereof “$3,026,523”; and in said item by adding at the end

thereof: “provided that not less than $1100.00 be expended to increase the

number of Land Surveyors from one to three on the Board of Registration of

Professional Engineers and Professional Land Surveyors.

CLERK NUMBER: 1099

Mr. Naughton of Clinton moves that the bill be amended by adding at the end

Thereof the following section(s)

SECTION 1. Notwithstanding the provisions of any general or special law to

the contrary, the Town of Lancaster through the Worcester Regional

Retirement Board is hereby authorized and directed to pay to Claire B.

McNamara, the surviving spouse of Firefighter Martin H. McNamara V, so

long as she remains unmarried, an accidental death benefit allowance to

consist of a yearly amount of annuity equal to 2/3s of the average annual

salary of a first year career firefighter in the local area; such average to be

determined by a survey of not less than 3 surrounding towns which are

member units of the Worcester Regional Retirement System, such towns as

determined by the Worcester Regional Retirement System, in consultation

with the Public Employee Retirement Administration increased 2,600 for each

child of Firefighter Martin H. McNamara V during such time as each child is

under 18 years of age or 21 years of age if a full time student or such child

over 18 years of age who is physically or mentally incapacitated from earning.

If there is no surviving spouse or the surviving spouse later dies, such an

annuity shall be paid to the eligible children in equal shares. If the surviving

spouse marries an annuity of 12,000 should be made annually to the eligible

children.. For the purposes of this act, the words, “full-time student” shall

mean a child who is in full-time attendance in an accredited educational

institution offering full-time courses of study equivalent to or higher than

secondary school study. The words “accredited educational institution” shall

mean any school, college or university that is licensed, approved or

accredited, as the case may be, in the state in which it is located. Any annuity

granted under this section shall be increased by the same percentage allowed

to other retirees or their dependents. Such amounts as are necessary to cover

the obligations contained herein shall be raised and appropriated in an amount

not to exceed $650,000 contingent upon an override of the provisions of

General Laws Chapter 59, Section 21C, Proposition 2 ½ so-called, by

approval of the voters, said override to be limited to the period of one year and

to provide for the purchase of an annuity instrument to provide for the

financial obligations as imposed upon the Town by the provision of this Act,

exclusive of those obligations imposed by Section 3 hereof.

SECTION 2. The benefits provided by section 1 of this act shall be in the

alternative to the benefits authorized by any other general law as it obligates

the town of Lancaster . If the town of Lancaster makes payment under section

1 of this act, it shall have no further obligation to Claire B. McNamara or her

dependents under any other general or special law.

SECTION 3. Notwithstanding the provisions of section 2 of this act, Claire B.

McNamara, the surviving spouse of Firefighter Martin H. McNamara V, so

long as she remains unmarried, and her dependents, shall be eligible for health

insurance through the town of Lancaster on the same basis as all other retirees

and be responsible for the retirees’ share of all premiums.

SECTION 4. This act shall be submitted to the voters of the town of

Lancaster at the State election to be held on November 2, 2004 , in the form

the following question, which shall be placed upon the official ballot to be

used for the election of state officials at said election: “Shall an act passed by

the General Court in the year 204, entitled ‘An Act Authorizing the Town of

Lancaster to Pay a Survivor Benefit and Extend Health Insurance Coverage to

Claire B. McNamara and Her Dependents’ be accepted?” If a majority of the

votes cast in answer to said question is in the affirmative, but not otherwise,

this act shall take effect immediately.

SECTION 5. This act shall take effect upon its passage.

1 CLERK NUMBER: 1100

Mr. Naughton of Clinton moves that the bill be amended by ending at the

End thereof the following section(s):

SECTION 1 .Notwithstanding the provisions of section 100G¼ of chapter

41or any other General or special law to the contrary, the town of Lancaster

may pay the reasonable expenses, not exceeding$21,000, of the funeral and

burial of Firefighter Martin H. McNamara V who died in the performance of

his duties.

SECTION 2. This act shall take effect upon its passage.