House Budget Amendments

CLERK NUMBER: 1101

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

Thereof the following section(s)

SECTION 1. Notwithstanding section 22A and section 21C chapter 59of the General Laws or any other general or special law to the contrary, the board of selectmen of the town of Lancaster shall, at least 10 days before any election at which a binding or non-binding question shall be submitted solely to the voters of said town, cause to be posted in one or more locations in the town and/or on the Town’s official website, and/or published in a newspaper in general circulation in the Town, as may be determined by bylaw, and, at the discretion of the board of selectmen, subject to available funds and any other conditions that may be imposed by bylaw, cause to be printed and sent to each residence of 1 or more voters whose name appears on the official voting list and shall make available at each polling place the full text of such question, a fair and conscience summary of each question, including a 1 sentence statement describing the effect of a yes or no vote prepared by the town counsel and arguments for and against the question as provided in section 2

SECTION 2. The board of selectmen of the town of Lancaster shall cause to be posted in one or more locations in the town, and/or on the town’s official website, and/or publishing in a newspaper in general circulation in the town, as may be determined by bylaw, and, at the discretion of the board of selectmen, subject to available funds and any other conditions that may be imposed by bylaw, cause to be printed and sent, in the manner provided in section 1, arguments for and against each question submitted solely to the voters of said town pursuant to any General Law, including but not limited to, section 21C of chapter 59 of the General Laws. The principal proponents of any such question shall coordinate the preparation and submission to the board of selectmen of one argument, and the principal opponents of any such question shall coordinate the preparation and submission to the board of selectmen of one argument. No argument shall contain more than 250 words. Said board of selectmen shall seek such written arguments from the principal proponents and opponents of each such question. Said board of selectmen shall designate a date by which written arguments must be received, in a written notice to the principal proponents and opponents. Said notice must be issued at least 14 days before the date by which the written arguments must be received. For the purposes of this act, the principal proponents and opponents of any such question shall be those persons determined by said board of selectmen to be best able to present the arguments for and against such question. The principal proponents or opponents of such a question may include a town officer or committee, and the principal proponents may include the first ten signers or a majority of the first ten signers of any petition initiating the placement of such question on the ballot. In determining the principal proponents and opponents of such a question, said board of selectmen shall contact each ballot question committee, if any, as defined in section 1 of chapter 55 of the General Laws, organized specifically to influence the outcome of the vote on such question. If no argument is received by said board of selectmen within the time allowed by this act, said town counsel shall prepare such argument. All arguments filed with or prepared by the board of selectmen pursuant to this act, and the summary prepared pursuant to section 1, shall be open to public inspection at the office of the town clerk of said town.

SECTION 3. The official ballot shall include the summary and statement describing the effect of a yes or no vote as provided in clause (2) of section 1.

SECTION 4. This act shall also apply where the question presented involves the regional district of which the town of Lancaster is a member or involves a joint undertaking by said town of Lancaster and any one or more cities or towns.

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

CLERK NUMBER: 1102

Mr. Naughton of Clinton moves that the bill be amended in section 2, in item 6010-001, by adding at the end thereof the following;“provided that not less than $10,000 be expended to conduct a noise study along Route 290 in the Town of Northborough”; and in said item by striking out the figure “$14,657,993” and inserting in place thereof “$14,667,993”.

CLERK NUMBER: 1103

Mr. Naughton of Clinton moves that the bill be amended by adding at the end thereof the following section(s);

SECTION____ “Notwithstanding any law to the contrary, the

Massachusetts Department of Mental Health and the Division of Capital Asset Management are hereby authorized to enter intoAgreement with the Town of Northborough regarding the sale, lease or Conveyance of certain parcels of land located in said town, adjacent to the Westborough State Hospital for the purpose of passive recreational use by said town of Northborough ”.

CLERK NUMBER: 1104

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

Thereof the following section(s)

SECTION___ Chapter 222 Section 1 of the M.G.L. are hereby amended by

Adding the following at the end thereof; “SECTION 1A: Authority in

General to Administer Oaths, Take Affidavits, or Issue Subpoenas.

All Oaths, affirmations and affidavits required to be made or taken by law of the Commonwealth, or necessary or proper to be made, taken or used in any our of the Commonwealth, or for any lawful purpose whatever, may be made and taken before one of the following officers; the Chief Justice of the Supreme Judicial Court or any other Justice or Judge of Courts of Record within the Commonwealth, Registers of Deeds and Registers of Probate, Clerks of all cities and Towns, Sheriffs of all Counties, Clerks of all Courts, Notaries Public, Justices of the Peace, Attorneys at Law and Counselors at Law of the Commonwealth.

This Section shall not apply to official oaths required to be made or taken by any of the officers of the Commonwealth, nor oaths or affidavits made or taken in open court. The issuance of any subpoena, provision for which is made under any rules governing proceedings in the courts of the Commonwealth may be issued by an attorney at law of the Commonwealth, with the same force and effect as if issued by any designee under said rules. This act shall take effect upon passage.

CLERK NUMBER: 1105

Mr. Naughton of Clinton moves that the bill be amended in section 2 in Item 2200-0100 by striking the figure “$26,555,935” and inserting thereof The figure “$26,805,935”; and adding at the end thereof “provided that not less than $250,000 be provided to the Town of Clinton for the purpose of conducting a Comprehensive Site Assessment of South Meadow Pond and the presence of leachate from the former Clinton Landfill site” and in item 1201-0100 striking the figure “$107,470,805” and inserting in place thereof the figure “107,220,805”.

CLERK NUMBER: 1106

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

By adding the following sections

SECTION __ Section 45 of Chapter 13 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out in line 4 after the word “engineers”, the words “one registered land surveyor” and inserting inplace thereof the following words:— three registered land surveyors.

SECTION __ Said section 45, as so appearing, is further amended by striking out in line 10 the words “registered land surveyor” and inserting in place thereof the following words:— three registered land surveyors.

SECTION __ Section 45, as so appearing, is hereby further amended by striking out in lines 12 and 13 the word “the”, and inserting in place thereof the word:— any.

CLERK NUMBER: 1107

REPRESENTATIVES TURKINGTON of FALMOUTH, LINSKY of NATICK, FALZONE of SAUGUS, RUSH of BOSTON, KENNEDY of BROCKTON, SPILIOTIS of PEABODY, BLUMER of FRAMINGHAM, L’ITALIEN of ANDOVER, ATKINS of CONCORD, FESTA of MELROSE, and PATRICK of FALMOUTH move that the bill be amended in section 2, in item 7100-0200, by striking figures “331,009,175” and replacing in place thereof the figures “347,009,175”; and in item 8900-0001 by striking out the figures “428,124,325” and inserting in place thereof the figures “412,124,325”.

CLERK NUMBER: 1108

Mr. Golden Of Boston, Of Boston, moves that the bill be amended in section 2, in item 7061-0012 in line 29, by inserting after “transfer;” the following:

“and provided that not less than $200,000 shall be allocated to item 7061-0029 for the purpose of continuing a study on effective means of serving special education students through the Donahue Institute at the University of Massachusetts"

CLERK NUMBER: 1109

CLERK NUMBER: 1110

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

SECTION . Notwithstanding the provisions of any general or special law to the contrary, the following assistance shall be given to the city of Haverhill for the severe financial hardship resulting from maintaining health services through the operation of the former municipally owned Hale Hospital . Said funds may be utilized for the expenses relative to health insurance and pension costs attributable to the retirees of Hale Hospital , and other debts associated with said hospital.

CLERK NUMBER: 1111

Mr. DiMasi of Boston moves that the bill be amended in section 2 by inserting after item 0330-0317 the following item:

“0330-0400 For a contract with the Massachusetts General Hospital for a research program on abused children…………………………………………………$99,000”

CLERK NUMBER: 1112

Mr. Fagan of Taunton moves that the bill be amended in section 2, in item 4512-0500, by adding at the end thereof the following:

“; not less than $15,000 be expended for the Department of Youth Services Mobile Dental program for disadvantaged adolescents without access to dental health services, for basic supplies, equipment and administration of said program………………$1,244,150”.

CLERK NUMBER: 1113

Mr. Golden Of Boston, moves that the bill be amended in section 2, in item 7010-0029 in line 2, by striking the following: “no less” and inserting in place thereof the following: “no more”

CLERK NUMBER: 1114

REPRESENTATIVES TURKINGTON of FALMOUTH, LINSKY of NATICK, FALZONE of SAUGUS, MARZILLI of ARLINGTON, ELDRIDGE of ACTON, BLUMER of FRAMINGHAM, ATKINS of CONCORD, FESTA of MELROSE, PATRICK of FALMOUTH move that the bill be amended at the end thereof by adding the following section:

“SECTION ___.:

Section 1. Definitions

“Addition” shall mean an increase in the building area, aggregate floor area, height, or number of stories in a structure.

“Alteration” shall mean a change or modification of a building or a structure or the service equipment thereof that affects safety or health and is not classified as an ordinary repair.

“Community Housing” shall be defined herein as new or pre-existing affordable rental housing owned by a Local Housing Authority or local nonprofit housing corporation.

“Dwelling Unit” shall be defined herein as a room or enclosed floor space used, or to be used, as a habitable for one (1) family or household, with facilities for sleeping, cooking, and sanitation.

“ Luxury Mansion Surcharge” shall mean the surcharge to existing building permit fees as set forth in section 2.

“Total Floor Area” shall be the floor area within the perimeter of the outside walls of the building under consideration, without deductions for hallways, stairs, closets, thickness of walls, columns, or other features. It does not include unoccupied accessory areas such as unfinished basements, attics or lofts, and does not include porches, decks, unenclosed breezeways, and window walks.

Section 2. In any city or town which accepts this section by a vote of its legislative body and subsequently by a majority of voters in a ballot referendum, in addition to any local fee that may be imposed by said or town pursuant to Chapter 40, section 22F, of the General Laws, or any other applicable statute, the city or town is hereby authorized to impose, collect, and disburse as set forth below a fee on new residential construction of single family dwellings over 3000 square feet in total floor area, herein referred to as the “Luxury Mansion Surcharge” as follows:

(a) The Luxury Mansion Surcharge shall be imposed on those persons who apply

for a residential building permit from the city or town, and is to be paid upon issuance of a building permit by the building Commissioner of said city or town. The amount of the surcharge shall be computed at the rate of $10.00 per square foot of total floor area of new construction space in excess of 3000 square feet for each dwelling unit, with no fee being due if the total floor area of the proposed new construction per dwelling unit is less than 3000 square feet.

(b) The Luxury Mansion Surcharge will be collected at the same time as, and in

addition to, the city or town’s local building permit fees, by the city or town’s Building Commissioner, to be turned over to the Treasurer of the City of Town .

alterations, unless the Application for Building Permit for the Addition or Alteration is filed within three (3) years of receipt of a Certificate of Occupancy for the Dwelling Unit upon which the Addition or Alteration is proposed. In this instance, square footage of Net Floor Area will be calculated by combining the actual Total Floor Area of the original Dwelling Unit and the amount to be created by the new Addition or Alteration.

Section 3. Any city or town which accepts this section, acting by and through its Legislative Body shall appropriate receipts of this Luxury Mansion Surcharge solely for the purposes of purchasing, acquiring, constructing, operating, maintaining, or making repairs to existing community housing within said city or town, including engineering, architectural, planning, design, and permitting costs associated therewith.

Section 4. The imposition and collection of the Luxury Mansion Surcharge described above shall expire on June 30, 2014.”.

CLERK NUMBER: 1115

Ms. Malia of Boston moves that the bill be amended in section 2, in line item 4405-2000 in line 16, by inserting after “foster care benefit” the following: “provided further that effective July 1, 2004 through June 30, 2005, the division of health care finance and policy shall establish rates for residential care facilities (rest homes) using calendar year 2002 base year costs; provided further that such rates utilize a limitation for the variable cost allowance at the 85th percentile of 2002 base year costs; provided further that the scope of the variable cost allowance include those accounts allowed under regulations 114.2 CMR 4.05 as of July 1, 2003;”

and by striking the figure “$203,278,031” and replacing it with the following: “$205,878,031”

and is hereby further amended in line item 4408-1000 in line 45 by inserting after “made available herein;” the following: “provided further that effective July 1, 2004 through June 30, 2005, the division of health care finance and policy shall establish rates for residential care facilities (rest homes) using calendar year 2002 base year costs; provided further that such rates utilize a limitation for the variable cost allowance at the 85th percentile of 2002 base year costs; provided further that the scope of the variable cost allowance include those accounts allowed under regulations 114.2 CMR 4.05 as of July 1, 2003;

and by striking the number $63,236,905 and replacing it with the following: $63,886,905.

and in section 2, in item 1201-0100, by striking the figures “107,470,805” and inserting in place thereof the figures “104,220,805”.

CLERK NUMBER: 1116

Mr. Golden Of Boston moves to amend bill by inserting at the end thereof the following two sections:-

SECTION_____. Section 7 of Chapter 118G of the General Laws is hereby amended by adding the following new paragraph after the third paragraph: The division shall establish rates for providers of adult day health services which: recognize two levels of care, Basic and Complex, with one corresponding rate for each; are not less than the rates and reimbursements in effect for Adult Day Health and for Dementia-Specific Adult Day Health Home and Community-based waiver clients as of June 30, 2002; reimburse dementia-specific adult day health programs at not less than the Complex rate for any participant with dementia, provided that the Complex rate may be less than the aforementioned Home and Community based rate for participants other than those in dementia-specific programs.

SECTION ___. Chapter 118G of the General Laws is hereby amended by adding

a new Section 17B as follows:

Section 17B Adult Day Health Services

The commissioner shall review and approve or disapprove rates for the

Basic and Complex levels of adult day health services. In addition to the eligibility criteria for the basic level-of-care as outlined in 130 CMR 404.407, any participant requiring nursing services as outlined in 130 CMR 456.409(C) shall be eligible for the basic level-of-care. Any participant who meets the eligibility criteria for nursing home placement pursuant to 130 CMR 456.409, in effect on January 1, 2004 , and has been diagnosed with dementia shall be eligible for participation in a dementia-specific program. The commissioner of the division of medical assistance, or its successor, shall not restrict the number of persons participating in any dementia-specific program based on the number of participants who have participated in previous years.

CLERK NUMBER: 1117

Mr. Jones of North Reading, Mrs. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 2, in item 7002-0010, by striking out the figures “252,676” and inserting in place thereof the figures “375,000”; and in item 7006-0000, by striking out the figures “1,368,227” and inserting in place thereof the figures “1,893,025”; and in item 7007-0300, by striking out the figures “1,338,574” and inserting in place thereof the figures “2,246,277”; and by inserting after item 7007-1200 the following item:-

7007-1300 For the operation of the Massachusetts international trade council ...$500,000

Tourism Fund…..100%;

and in item 7007-1500, by inserting after the word “assistance”, in line 2, the following:

“, including the certification of veteran-owned businesses pursuant to sections 4 through 20 of chapter 137 of the Acts of 2003”;

and in said item 7007-1500 by striking out the figures “500,000” and inserting in place thereof the figures “642,670”; and in item 1599-4121 by striking out the figures “53,620,570” and inserting in place thereof the figures “51,423,075”.

CLERK NUMBER: 1118

Mr. Jones of North Reading, Mrs. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended, in section 2, by striking out item 0330-0105; and in section 2, in item 0330-0102, by striking out the figures “17,597,934” and inserting in place thereof the figures “20,196,527”; and in section 2, by striking out items 0335-0001, 0335-0100, 0335-0200, 0335-0300, 0335-0400, 0335-0500, 0335-0600 and 0335-0700; and by inserting in section 2, after item 0332-6000, the following items:-

“0332-6100 For the municipal court of Suffolk at Brighton $326,154

0332-6200 For the municipal court of Suffolk at Charlestown $232,655

0332-6201 For the municipal court of Suffolk at Boston $3,185,464”;

and by inserting, in section 2, after item 0332-6300 the following items:-

“0332-6400 For the municipal court of Suffolk at Dorchester $1,149,514

0332-6500 For the municipal court of Suffolk at East Boston $582,745

0332-6600 For the municipal court of Suffolk at Roxbury $1,116,770

0332-6700 For the municipal court of Suffolk at South Boston $407,439

0332-6800 For the municipal court of Suffolk at West Roxbury $733,061”

and in section 81, by striking out the words “appropriation within the trial court department” and inserting in place thereof the following words:- “appropriation within any trial court department”;

and by inserting at the end thereof the following sections:-

SECTION ___. Chapter 211B of the General Laws, as so appearing, is hereby amended by striking section 1 and inserting in place thereof the following section:-

Section 1. There shall be a trial court of the commonwealth which shall consist of the following departments: the superior court department, the housing court department, the land court department, the probate and family court department, the juvenile court department, and the district court department. The trial court, as an administrative unit, shall consist of no more than 378 justices and special justices. There shall be selected as herein after provided, a chief justice for administration and management and a chief justice for each of the departments of the trial court; provided however, there shall be one chief justice who shall serve as the chief justice for the district court department, including all divisions previously within the Boston Municipal Court Department .

SECTION ___. Section 2 of said chapter 211B, as amended by section 449 of chapter 26 of the acts of 2003, is hereby further amended by striking the first sentence and inserting in place thereof the following sentence:- There shall be 82 justices appointed to the superior court department, 10 justices appointed to the housing court department, 6 justices appointed to the land court department, 51 justices appointed to the probate and family court department, 41 justices appointed to the juvenile court department, and 188 justices appointed to the district court department.

SECTION ___. Section 9A of said chapter 211B, as appearing in the 2002 Official Edition, is hereby amended by striking, in line 28, the words “ Boston municipal” and inserting in place thereof the following:- district.

SECTION ___. Section 10B of said chapter 211B, as so appearing, is hereby amended by striking subparagraph (a) and inserting in place thereof the following subparagraph:-

(a) The exclusive authority to select and appoint assistant clerks in the district court, juvenile court and housing court shall be vested in the clerks of said courts and such authority shall not be subject to the review or approval of any other person, except as provided in this section.

SECTION ___. Section 13 of said chapter 211B, as so appearing, is hereby amended in the first sentence by striking the following words:- Boston municipal.

SECTION ___. Said section 13 of said chapter 211B, as so appearing, is hereby further amended in the second paragraph by striking the word “housing, and Boston municipal” and inserting in place thereof the following:- and housing.

SECTION ___. Section 17 of said chapter 211B, as so appearing, is hereby amended in the fourth sentence of the second paragraph by striking the following words:- Boston municipal.

SECTION ___. Paragraph (f) of section 3 of chapter 211E of the General Laws, as so appearing, is hereby amended in the final sentence by striking the words “court, district court, and the Boston municipal court” and inserting in place thereof the following:- court and district court.

SECTION ___. Chapter 218 of the General Laws, as amended by section 1 of chapter 45 of the acts of 2003, is hereby further amended by striking section 1 and inserting in place thereof the following section:-

Section 1. The district court department, established under section 1 of chapter 211B, shall consist of divisions, one for each of the judicial districts hereinafter enumerated, and whenever the words “district court”, “municipal court”, or “court” are used in this chapter, or some other clearly contrary intent, such words shall refer to a division of the district court department. Unless the context refers only to a person appointed to the municipal court of the city of Boston or to a juvenile court, the words “justice” and “special justice” shall mean, respectively, an associate justice and a special justice of the trial court appointed to a division of the district court department; and the words “clerk” or “clerk of court” shall mean the clerk of such court; and the words “assistant clerk”, “deputy assistant clerk”, “temporary clerk” or “temporary assistant clerk” shall mean, respectively, an assistant clerk, deputy assistant clerk, temporary clerk or temporary assistant clerk of such court.

The Boston municipal court shall be a division of the district court department of the trial court. Except where separate or contrary provisions with respect to the same subject matter are made applicable to Boston municipal court in sections 50 to 56, the provisions of this chapter relative to the divisions of the district court department shall apply to the Boston municipal court. Whenever used in this chapter or other general or special law, the words “ Boston municipal court department”, shall mean the Boston municipal court division of the district court department of the trial court established under chapter 211B. Whenever used in this chapter, the words “chief justice”, “chief justice of the Boston municipal court department”, or “chief justice of the department”, shall mean the chief justice of the district court department, unless the context clearly refers to a chief justice of another department established under chapter 211B, the chief justice for administration and management, or the chief justice of the supreme judicial court.

The judicial districts of the Boston municipal court and of the several other divisions of the district court department shall continue to comprise the following cities, towns, wards and territory in the following counties respectively.

Barnstable

The first district court of Barnstable , held at Barnstable ; Barnstable , Sandwich and Yarmouth . The second district court of Barnstable , held at Orleans ; Provincetown , Truro , Wellfleet, Eastham, Orleans , Brewster, Chatham , Harwich and Dennis. The third district court of Barnstable , held at Falmouth ; Mashpee, Falmouth and Bourne. Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E of chapter 119 are excepted from the jurisdiction of all of the above courts of this county.

Berkshire

The district court of northern Berkshire, held at Adams, North Adams and Williamstown; Adams, North Adams, Williamstown, Clarksburg, Florida, New Ashford, Cheshire, Savoy, Hancock, and Windsor; the district court of central Berkshire exercising concurrent jurisdiction in Windsor and Hancock.

The district court of central Berkshire, held at Pittsfield; Pittsfield, Hancock, Lanesborough, Peru, Hinsdale, Dalton, Washington, Richmond, Lenox, Becket and Windsor; the district court of southern Berkshire exercising concurrent jurisdiction in Lenox and Becket and the district court of northern Berkshire exercising concurrent jurisdiction in Windsor and Hancock.

The district court of southern Berkshire, held at Great Barrington and Lee; Sheffield, Great Barrington, Egremont, Alford, Mount Washington, Monterey, New Marlborough, Stockbridge, West Stockbridge, Sandisfield, Lee, Tyringham, Otis, Lenox and Becket; the district court of central Berkshire exercising concurrent jurisdiction in Lenox and Becket.

Bristol

The first district court of Bristol , held at Taunton ; Taunton , Rehoboth, Berkley , Dighton, Seekonk, Easton and Raynham.

The second district court of Bristol, held at Fall River; Fall River, Somerset, Swansea, Freetown and Westport; the third district court of Bristol exercising concurrent jurisdiction in Freetown and Westport.

The third district court of Bristol, held at New Bedford; New Bedford, Fairhaven, Acushnet, Dartmouth, Freetown and Westport; the second district court of Bristol exercising concurrent jurisdiction in Freetown and Westport.

The fourth district court of Bristol , held at Attleboro ; Attleboro , North Attleborough , Mansfield and Norton.

Dukes County

The district court of Dukes County, held at Oak Bluffs, Edgartown and Tisbury; Dukes County . Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119, and petitions brought under sections 24 and 39E of said chapter 119, are excepted from the jurisdiction of the above court of this county.

Essex

The first district court of Essex , held at Salem ; Salem , Beverly , Danvers , Middleton and Manchester-by-the-Sea.

The second district of Essex, held at Ipswich ; Ipswich , Hamilton , Topsfield and Wenham.

The central district court of northern Essex , held at Haverhill ; Haverhill , Groveland, Georgetown , Boxford and West Newbury ; the district court of Newburyport exercising concurrent jurisdiction in West Newbury .

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

The district court of southern Essex , held at Lynn ; Lynn , Swampscott, Saugus , Marblehead and Nahant.

The district court of Lawrence , held at Lawrence and Methuen ; Lawrence , Andover , North Andover and Methuen .

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

The district court of Peabody , held at Peabody; Peabody and Lynnfield.

Franklin

The district court of Franklin, held at Greenfield , Franklin county, except Orange and Erving; Warwick, Wendell; Leverett, Shutesbury and New Salem. Sessions may also be held at Shelburne Falls in Shelburne and Buckland at such times and places as the justice of said court may determine.

The district court of eastern Franklin , held at Orange ; Athol, Orange , Erving, Warwick, Wendell, Leverett, Shutesbury and New Salem. Said court shall be held in Athol at least one day each week of the year.

Hampden

The district court of eastern Hampden, held at Palmer; Palmer, Brimfield, Hampden, Monson, Holland , Wales , Wilbraham, Ludlow and East Longmeadow .

The district court of western Hampden, held at Westfield and Chester ; Westfield , Chester , Granville, Southwick, Russell, Blandford, Tolland, Montgomery and Agawam .

The district court of Chicopee, held at Chicopee ; Chicopee .

The district court of Holyoke, held at Holyoke ; Holyoke .

The district court of Springfield , held at Springfield ; Springfield , West Springfield and Longmeadow .

Hampshire

The district court of Hampshire, held at Northampton, Cummington, Huntington and Easthampton; Hampshire county, except Amherst, Belchertown, Granby, Hadley, South Hadley, Pelham and Ware and any violation of law committed on the land of the metropolitan district commission comprising the Quabbin reservation or used for the supply or protection of the Quabbin reservoir.

The district court of eastern Hampshire, held at Belchertown, Amherst , Granby , Hadley, South Hadley , Pelham, Ware, and any violation of law committed on the land under the care and control of the department of conservation and recreation comprising the Quabbin reservation or used for the supply or protection of the Quabbin reservoir.

Middlesex

The district court of central Middlesex, held at Concord ; Concord , Acton , Bedford , Carlisle , Lincoln , Maynard, Stow , and Lexington .

The first district court of northern Middlesex, held at Ayer; Ayer, Dunstable, Groton , Pepperell, Townsend, Ashby, Shirley, Westford, Littleton , Boxborough and the Devens Regional Enterprise Zone.

The first district court of eastern Middlesex, held at Malden ; Malden , Wakefield , Melrose and Everett .

The second district court of eastern Middlesex, held at Waltham ; Waltham , Watertown and Weston.

The third district court of eastern Middlesex, held at Cambridge ; Cambridge , Arlington and Belmont .

The fourth district court of eastern Middlesex, held at Woburn ; Woburn , Winchester , Burlington , Wilmington , Stoneham , Reading and North Reading.

The first district court of southern Middlesex, held at Framingham ; Framingham , Ashland , Holliston, Hopkinton Wayland, and Sudbury .

The district court of Lowell , held at Lowell ; Lowell , Billerica , Tewksbury , Dracut , Chelmsford and Tyngsborough.

The district court of Marlborough , held at Marlborough; Marlborough and Hudson.

The district court of Natick , held at Natick ; Natick and Sherborn.

The district court of Newton, held at Newton ; Newton .

The district court of Somerville , held at Somerville ; Somerville and Medford .

Nantucket

The district court of Nantucket, held at Nantucket ; Nantucket county. Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E of said chapter 119 are excepted from the jurisdiction of the above court of this county.

Norfolk

The district court of northern Norfolk , held at Dedham ; Dedham , Dover , Norwood , Westwood, Medfield, Wellesley and Needham .

The district court of East Norfolk, held at Quincy; Quincy, Braintree, Cohasset, Weymouth, Holbrook, Randolph and Milton; and, in criminal cases, concurrently with the second district court of Plymouth, that part of Scituate described in chapter 394 of the acts of 1912. Arrests and service of process in such cases may be made by an officer qualified to serve criminal process in Cohasset.

The district court of southern Norfolk , held at Stoughton ; Stoughton , Avon , Canton and Sharon .

The district court of Western Norfolk, held at Wrentham; Franklin , Walpole , Foxborough, Medway, Millis, Norfolk , Wrentham and Plainville .

The municipal court of Brookline, held at Brookline ; Brookline .

Plymouth

The second district court of Plymouth , held at Hingham ; Hingham , Rockland , Hull , Hanover , Scituate and Norwell.

The third district court of Plymouth , held at Plymouth ; Plymouth , Kingston , Plympton, Pembroke, Duxbury, Halifax , Hanson and Marshfield .

The fourth district court of Plymouth , held at Wareham ; Middleborough , Wareham , Lakeville, Marion , Mattapoisett, Rochester and Carver.

The district court of Brockton , held at Brockton ; Brockton , Bridgewater , East Bridgewater , Whitman, Abington and West Bridgewater . Said court may adjourn to the Massachusetts correction institution, Bridgewater , whenever the public convenience seems to the first justice to render such adjournment expedient.

Suffolk

The municipal court of the city of Boston, held at Boston; wards 6, 7, 8, 9, 10, 11, 12, 16, 17 and 18 of Boston as they existed on February 1, 1882; and in criminal cases, concurrently with the municipal courts of the Roxbury and Brighton districts, the second and third district courts of eastern Middlesex and the district court of Newton, respectively, so much of the Charles river basin, as defined in section 2 of chapter 524 of the acts of 1909, as affected by chapter 245 of the acts of 1916 as is within the districts of said courts.

The municipal court of the Brighton district, held at Brighton in Boston ; ward 25 of Boston as it existed on February 1, 1882 .

The municipal court of the Charlestown district, held at Charlestown in Boston: wards 3, 4 and 5 of Boston as they existed on February 1, 1882; provided, however, that in criminal matters, said court shall have exclusive jurisdiction in that part of said wards which is in so much of the Charles river basin, as defined in section 2 of chapter 524 of the acts of 1909, as affected by chapter 245 of the acts of 1916 under the care and control of the department of conservation and recreation as is within the districts of said court.

The district court of Chelsea , held at Chelsea ; Chelsea , and Revere .

The municipal court of the Dorchester district, held at Dorchester in Boston ; ward 24 of Boston as it existed on February 1, 1882 , and the territory comprised within the limits of precinct 12 of ward 13 of Boston as it existed on November 2, 1948 .

The East Boston district court, held at East Boston in Boston; Winthrop and wards 1 and 2 of Boston as they existed on March 1, 1886; provided, however, that said court shall have territorial jurisdiction in matters that arise in the Sumner tunnel and Lieutenant William F. Callahan, Jr. tunnel, including any property, toll plazas and approach roads thereto under the ownership, care, custody and control of the Massachusetts Turnpike Authority as provided in chapter 598 of the acts of 1958.

The municipal court of the Roxbury district, held at Roxbury in Boston; wards 19, 20, 21 and 22 of Boston as they existed on February 1, 1882, excepting ward 10, save as hereinafter provided, as it existed on February 1, 1976; provided, however, that, notwithstanding any other law, said court shall have jurisdiction over matters arising in precincts 1, 6 and 7 of ward 10.

The municipal court of the South Boston district, held at South Boston in Boston ; wards 13, 14 and 15 of Boston as they existed on February 1, 1882 .

The municipal court of the West Roxbury district, held at West Roxbury in Boston; ward 23 of Boston as it existed on February 1, 1882, the territory comprised within the limits of the former town of Hyde Park which was annexed to Boston by chapters 469 and 583 of the acts of 1911, and ward 10, except precincts 1, 6 and 7 of said ward 10, as existing on February 1, 1976.

Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E of said chapter 119 are excepted from the jurisdiction of all of the above courts of this county. The juvenile court located in the city of Boston, heretofore known as the Boston juvenile court, shall have the territorial jurisdiction provided in section 57 and, with respect to children in Suffolk county, shall have exclusive jurisdiction of petitions brought under said sections 24 and 39E of said chapter 119.

Worcester

The central district court of Worcester , held at Worcester ; Worcester , Auburn and Millbury.

The first district court of northern Worcester , held at Gardner ; Gardner , Petersham, Hubbardston and Westminster .

The first district court of eastern Worcester , held at Westborough and Grafton; Westborough, Grafton, Southborough, Northborough and Shrewsbury .

The second district court of eastern Worcester , held at Clinton ; Clinton , Berlin , Bolton , Boylston, Harvard, Lancaster , Sterling and West Boylston.

The first district court of southern Worcester , held at Southbridge and Webster; Southbridge , Webster, Sturbridge, Charlton, Dudley and Oxford .

The second district court of southern Worcester , held at Uxbridge; Uxbridge, Blackstone, Douglas , Northbridge, Millville and Sutton.

The third district court of Southern Worcester, held at Milford ; Milford , Mendon, Upton , Bellingham and Hopedale.

The district court of western Worcester, held at North Brookfield; East Brookfield, Brookfield, Spencer, North Brookfield, West Brookfield, Warren, Hardwick, Leicester, New Braintree, Barre, Oakham, Paxton and Rutland. Said court may adjourn to any town within its district other than North Brookfield whenever the public convenience seems to the presiding justice to render such adjournment expedient.

The district court of Fitchburg , held at Fitchburg ; Fitchburg and Lunenburg.

The district court of Leominster , held at Leominster ; Leominster , Holden and Princeton .

The district court at Winchendon, held at Winchendon; Winchendon, Ashburham, Phillipston, Royalston and Templeton.

Each division of the district court department may be referred to by the name of the principal place for the holding of that court.

SECTION ___. Section 43 of said chapter 218, as appearing in the 2002 Official Edition, is hereby amended by striking the last sentence.

SECTION ___. Said chapter 218, as amended by section 478 of chapter 26 of the acts of 2003, is hereby further amended by striking section 50 and inserting in place thereof the following section:-

Section 50. The Boston municipal court division of the district court department shall consist of 11 associate justices of the trial court appointed to said division.

The chief justice of the district court department, subject to the approval of the supreme judicial court and the chief justice for administration and management, may make, from time to time, rules for regulating the practice and conducting the business therein in all cases not expressly provided for by law.

The chief justice of the district court department shall have the power to appoint the first justice of the Boston municipal court in accordance with section 6.

SECTION ___. Section 51A of said chapter 218, as amended by section 479 of chapter 26 of the acts of 2003, is hereby repealed.

SECTION ___. Said chapter 218, as appearing in the 2002 Official Edition, is hereby amended by striking section 52 and inserting in place thereof the following section:-

Section 52. In addition to the powers conferred in section 10 of chapter 211B, the chief justice of the district court department may from time to time make assignments for the attendance of a justice at the several times and places appointed for holding court. Said chief justice, or, in case of his death, illness or incapacity, the first justice of the Boston municipal court, if in his opinion the public business so requires, may provide for additional sessions in the division, and for the appointment of special justices to hold such additional sessions.

SECTION ___. Chapter 218 of the General Laws, as amended by section 488 of chapter 26 of the acts of 2003, is hereby further amended by striking section 70 and inserting in place thereof the following section:-

Section 70. Notwithstanding the provisions of any special or general law to the contrary, there shall be one administrative office which shall provide administrative support to both the district court department and the Boston municipal court located within the city of Boston . Such administrative office may employ no more than one tape librarian and two legal counsels, and such other personnel as deemed necessary or appropriate by the chief justice of the district court department.

SECTION ___. Section 80A of said chapter 218, as amended by section 490 of chapter 26 of the acts of 2003, is hereby repealed.

CLERK NUMBER: 1119

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 2, in item 1599-4121, by striking out the figures “53,620,570” and inserting in place thereof the figures “51,656,875”; and by eliminating the following items: 0610-0140, 0640-0013, 0640-0351, 0950-0000, 1100-1103, and 7061-9307; and in item 0321-2205, by striking out the figures “1,704,671” and inserting in place thereof the figures “1,204,671”; and in item 0910-0210 by striking out the figures “493,819” and inserting in place thereof the figures “300,819”; and in item 1599-1970 by striking out the figures “25,000,000” and inserting in place thereof the figures “23,000,000”; and in item 4000-0115 by striking out the figures “500,000” and inserting in place thereof the figures “250,000”; and in item 4512-0200 by striking out the figures “36,227,349” and inserting in place thereof the figures “35,227,349”; and in item 7007-1200 by striking out the figures “2,000,000” and inserting in place thereof the figures “1,500,000”; and in item 7061-9404 by striking out the figures “14,000,000” and inserting in place thereof the figures “13,000,000”; and in item 7061-9626 by striking out the figures “1,000,000” and inserting in place thereof the figures “750,000”; and in item 7066-0015 by striking out the figures “2,900,000” and inserting in place thereof the figures “2,000,000”; and in item 8900-0010 by striking out the figures “2,783,521” and inserting in place thereof the figures “2,433,521”; and in item 9500-0000 by striking out the figures “16,620,035” and inserting in place thereof the figures “16,370,035”; and in item 9600-0000 by striking out the figures “30,872,678” and inserting in place thereof the figures “30,622,678”; and by inserting after item 8100-0101 the following item:

8100-0515 For two state police recruit training classes; 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

CLERK NUMBER: 1120

Mr. Jones of North Reading , Mrs. Rogeness of Longmeadow , Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by striking out section 88.

CLERK NUMBER: 1121

Mr. Jones of North Reading, Mrs. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following sections:-

SECTION ___. Subsection (b) of section 5 of said chapter 81A, as so appearing, is hereby amended by striking out clause (ii) and inserting in place thereof the following clause:-

(ii) to refund or otherwise pay any or all other debt or obligations of the authority relating to the turnpike, provided that any refunding notes or bonds shall not have a final maturity date later than the final maturity date of the debt or obligations being refunded;

SECTION ___. Section 18 of said chapter 81A, as amended by section 223 of chapter 26 of the acts of 2003, is hereby repealed.

SECTION ___. Said chapter 81A, as so appearing, is hereby amended by striking sections 27, 28, 29, 30 and 31 and inserting in place thereof the following sections:-

“Section 27. Notwithstanding the provisions of any other general or special law to the contrary, the highway department is hereby authorized to enter into any agreement with the authority deemed necessary or desirable by the authority and the highway department (i) in order for the highway department to exercise or fulfill, on behalf of the authority, any of the powers, obligations or responsibilities of the authority under this chapter, and (ii) in connection with entering into the contract described in section 28 and in exchange for the payments to be made by the commonwealth thereunder, to permit the highway department to use any property of the authority in order to fulfill such powers, obligations and responsibilities and, to the extent not inconsistent with the provisions of any agreements pertaining to notes or bonds of the authority, for any other purposes of the highway department, provided that with respect to any period during which any agreement authorized by this section between the authority and the highway department is in effect, the liability of the authority for any claim pertaining to any property of the authority that is subject to such agreement, or otherwise arising out of the subject matter of such agreement shall be no greater than that of the commonwealth under the provisions of section 18 of chapter 81 and chapter 258.

Notwithstanding the provisions of any other general or special law to the contrary, other commonwealth executive offices, departments, agencies, boards, commissions and authorities are each hereby authorized to enter into any agreement with the authority deemed necessary or desirable by the authority and such executive office, department, agency, board, commission or other authority in order for such executive office, department, agency, board, commission or other authority to exercise or fulfill, on behalf of the authority, any of the powers, obligations or responsibilities of the authority under this chapter. With respect to any period during which any such agreement authorized by this section between the authority and such executive office, department, agency, board, commission or other authority is in effect, the liability of the authority for any claim pertaining to any property of the authority that is subject to such agreement, or otherwise arising out of the subject matter of any such agreement, shall be no greater than that of the commonwealth under the provisions of section 18 of chapter 81 and chapter 258.

Section 28. This chapter, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect the purposes hereof.”

SECTION ___. Section 1 of chapter 258 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the words "public employee", in line 49, the following:- and including the Massachusetts Turnpike Authority.

SECTION ___. Said section 1 of said chapter 258, as so appearing, is hereby further amended by striking the words "the Massachusetts Turnpike Authority, or any other independent body politic and corporate," in lines 51-53 and replacing them with the following:- or any other independent body politic and corporate except as set forth herein.

SECTION ___. Notwithstanding the provisions of subsection (b) of section 12 of chapter 81A of the General Laws, no further transfer of any facility or portion thereof to the authority pursuant to subsection (b) of section 12 of chapter 81A shall be required on or after the effective date of this act.

CLERK NUMBER: 1122

SECTION ___. Chapter 29 of the General Laws, as amended, is hereby further amended by inserting the following new section:-

Section 2NNN. There shall be set up on the books of the commonwealth a separate fund to be known as the Turnpike Efficiency Fund, which shall not contribute to the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws. There shall be credited to this fund all amounts paid to the commonwealth by the Massachusetts turnpike authority pursuant to sections 27 and 28 of chapter 81A, and any income derived from the investing of all amounts credited to the fund. Amounts credited to the fund shall be available for expenditure, subject to appropriation, by any executive office, department, agency, board, commission or other authority that enters into an agreement with the Massachusetts turnpike authority pursuant to section 27 of chapter 81A for the purpose of fulfilling its obligations under such agreement. Any remaining amounts credited to the fund shall be applied by the secretary of administration and finance, subject to appropriation, to make or reimburse (i) payments made by the commonwealth during any fiscal year pursuant to any contract for financial assistance between the commonwealth and the Massachusetts turnpike authority, which have not yet been fully reimbursed by said authority pursuant to section 28 of chapter 81A, (ii) payments made by the commonwealth during any fiscal year with respect to debt service on bonds or notes of the commonwealth issued to finance any costs of any portion of the metropolitan highway system, as defined in said chapter 81A, (iii) any other payments made by the commonwealth during any fiscal year with respect to any other costs of any portion of the metropolitan highway system, including without limitation, payments made under the contract between the authority and the commonwealth authorized under subsection (c) of section 12 of said chapter 81A, and (iv) any other payment made by the commonwealth during any fiscal year for a purpose permitted under Article LXXVIII of the Amendments to the Constitution.

SECTION ___. Subsection (b) of section 5 of said chapter 81A, as so appearing, is hereby amended by striking out clause (ii) and inserting in place thereof the following clause:-

SECTION ___. Section 18 of said chapter 81A, as amended by section 223 of chapter 26 of the acts of 2003, is hereby repealed.

SECTION ___. Said chapter 81A, as so appearing, is hereby amended by striking sections 27, 28, 29, 30 and 31 and inserting in place thereof the following sections:-

Section 27. Notwithstanding the provisions of any other general or special law to the contrary, the highway department is hereby authorized to enter into any agreement with the authority deemed necessary or desirable by the authority and the highway department (i) in order for the highway department to exercise or fulfill, on behalf of the authority, any of the powers, obligations or responsibilities of the authority under this chapter, and (ii) in connection with entering into the contract described in section 28 and in exchange for the payments to be made by the commonwealth thereunder, to permit the highway department to use any property of the authority in order to fulfill such powers, obligations and responsibilities and, to the extent not inconsistent with the provisions of any agreements pertaining to notes or bonds of the authority, for any other purposes of the highway department, provided that with respect to any period during which any agreement authorized by this section between the authority and the highway department is in effect, the liability of the authority for any claim pertaining to any property of the authority that is subject to such agreement, or otherwise arising out of the subject matter of such agreement shall be no greater than that of the commonwealth under the provisions of section 18 of chapter 81 and chapter 258.

Notwithstanding the provisions of any other general or special law to the contrary, other commonwealth executive offices, departments, agencies, boards, commissions and authorities are each hereby authorized to enter into any agreement with the authority deemed necessary or desirable by the authority and such executive office, department, agency, board, commission or other authority in order for such executive office, department, agency, board, commission or other authority to exercise or fulfill, on behalf of the authority, any of the powers, obligations or responsibilities of the authority under this chapter. All payments made by the authority under the agreements authorized by this section shall be credited upon receipt to the fund established pursuant to section 2NNN of chapter 29 and applied in accordance with said section. With respect to any period during which any such agreement authorized by this section between the authority and such executive office, department, agency, board, commission or other authority is in effect, the liability of the authority for any claim pertaining to any property of the authority that is subject to such agreement, or otherwise arising out of the subject matter of any such agreement, shall be no greater than that of the commonwealth under the provisions of section 18 of chapter 81 and chapter 258.

Section 28. The secretary of administration and finance, on behalf of the commonwealth, shall enter into a contract with the authority prior to December 31, 2004, providing for payments from the commonwealth to the authority during each fiscal year equal to the aggregate amount of the debt service accruing or payable by the authority during such fiscal year on all notes and bonds of the authority, whenever issued, and amounts, if any, accruing or payable during each fiscal year under all interest rate hedge or option or similar agreements in effect as of June 30, 2004, and related to or entered into by the authority with respect to notes and bonds of the authority outstanding as of such date, minus any amounts paid by the commonwealth to the authority during such fiscal year pursuant to the contract entered into by the authority and the commonwealth pursuant to subsection (c) of section 12 and minus other amounts available to pay such debt service in accordance with the terms of such bonds and notes and interest rate hedge or option or similar agreements, all as certified by the authority. The term of such contract shall extend until the end of the fiscal year in which all such notes and bonds and interest rate hedge or option or similar agreements are fully paid or payment provided for in accordance with their terms. The contract shall specify when payments shall be made by the commonwealth and shall further provide that, as of the last day of each month in which the commonwealth makes a payment to the authority pursuant to said contract, the authority shall reimburse the commonwealth for the amount of such payment from any available metropolitan highway system revenues, turnpike revenues or any other funds of the authority. The contract shall further provide that the authority shall pay to the commonwealth all remaining available metropolitan highway system revenues, turnpike revenues and other available funds of the authority at the times and in the amounts agreed to from time to time by the authority and the secretary for administration and finance or otherwise as specified in the contract. All amounts paid by the authority to the commonwealth pursuant to said contract shall be credited upon receipt to the fund established pursuant to section 2NNN of chapter 29 and applied in accordance with said section. The contract shall contain such other provisions as the secretary for administration and finance and the authority shall agree, including, without limitation, provisions limiting any action by the authority that would materially adversely affect the financial interest of the commonwealth or actions that would constitute a default under the terms of any notes and bonds of the authority or interest rate hedge or option or similar agreement in effect as of June 30, 2004. Amounts paid by the commonwealth may be treated as revenues by the authority within the meaning of section 6 and the authority may pledge such contract and the rights of the authority to receive amounts thereunder as security for the payment of notes and bonds issued under the provisions of this chapter and any related interest rate hedge or option or similar agreements. Such contract shall constitute a general obligation of the commonwealth for which the faith and credit of the commonwealth shall be pledged for the benefit of the authority and of the holders of any notes or bonds of the authority and parties to any interest rate hedge or option or similar agreements which may be secured by a pledge of such contract or of amounts to be received by the authority under such contract.

Section 29. This chapter, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION ___. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller shall transfer $190,000,000 from the Turnpike Efficiency Fund to the General Fund no later than June 30, 2005 .

SECTION ___. Notwithstanding the provision of any general or special law to the contrary, the state comptroller shall transfer $113,272,423 from the Turnpike Efficiency Fund to the General Fund no later than June 30, 2005 .

CLERK NUMBER: 1123

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, and Mr. deMacedo of Plymouth move that the bill be amended by striking and inserting in place thereof:

Line Item 2800-0100, strike $3,773,905 and insert in place, $4,479,760

Line Item 2810-0100, strike $16,599,682 and insert in place, $18,164,818

Line Item 2810-2000, strike $ 4,580,735, and insert in place, $5,418,329

Line Item 2820-0100, strike $19,986,715 and insert in place, $21,096,478

Line Item 2820-0200, strike $2,841,820 and insert in place, $2,991,820

And further amend by striking in line item 1231-1000 $5,000,000 and inserting in place thereof $631,652.

CLERK NUMBER: 1124

Line Item 4200-0010, strike $4,257,469 and insert in place, $4,613,663

Line Item 4400-1000, strike $116,381,295 and insert in place, $118,743,340

Line Item 4510-0100, strike $ 15,885,649, and insert in place, $18,807,843

Line Item 4800-0015, strike $63,726,571 and insert in place, $66,679,223

Line Item 5011-0100, strike $31,812,159 and insert in place, $35,781,161

Line Item 9110-0100, strike $1,480,946, and insert in place, $1,710,208

Line Item 5920-1000, strike $51,469,518, and insert in place, $52,228,078;

Line Item 4200-0300, strike $85,194,604 and insert in place, $87,194,604

Line Item 5042-5000 strike $66,073,272 and insert in place, $67,480,837

And further amend by striking line items 4000-0115, 4000-0550, 4000-0112, 4512-0225, and 4510-0150 and item 1599-6901 shall be reduced by striking $20,000,000, and inserting in place thereof, $ 8,427,436.

CLERK NUMBER: 1125

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, and Mr. deMacedo of Plymouth move that the bill be amended in section 65, by inserting, in line 2, after the word “total” the following words: “up to”.

And move that the bill be further amended in section 65, by inserting, in line 4, after the words “annual amount of” the following words: “up to”.

And move that the bill be further amended in section 65, by inserting, in line 5, after the words “annual amount of” the following words: “up to”.

And move that the bill be further amended in section 65, by inserting, in line 7, after the words “annual amount of” the following words: “up to”.

And move that the bill be further amended in section 65, by inserting, in line 14, after the words “annual amount of” the following words: “up to”.

And move that the bill be further amended in section 65, by striking out, in lines 5 and 6, the following words: “provided, that $9,000,000 of said amount shall be expended for purposes of reimbursing nursing facilities for up to ten bed hold days for patients of the facility on medical and non-medical leaves of absence;”.

And move that the bill be further amended in section 65, by striking out, in lines 11 and 12, the following sentence: “The division shall adjust per diem rates to reflect any reductions in medicaid utilization.”

And move that the bill be further amended in section 65 by adding at the end thereof the following new paragraph: “(d) As a condition of receiving any of the funds allocated in this section, all participating nursing homes shall, for the purposes of a medical leave of absence for Medicaid eligible residents, ensure that the bed in said facility occupied by said resident before the hospitalization shall be available upon the return of said resident from an inpatient acute hospital stay for a period of not less than ten days."

CLERK NUMBER: 1126

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, and Mr. deMacedo of Plymouth move that the bill be amended in section 2, in item 4000-0300, by deleting in lines 100 though 112 the following:

“provided further, that in determining inpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions, rate adjustments and passthrough payments, as was in effect on July 1, 2003; provided further that in determining outpatient rates for any acute hospitals the executive office shall utilize the same payment methodology, including all exemptions and rate adjustments, as was in effect on October 1, 2003; provided further, that any hospital with a unit designated as a pediatric specialty unit, as defined by this act, shall be exempt from the inpatient and outpatient efficiency standards, so called, being applied to their rate methodology; provided further, that said executive office shall use the same pricing methodology for durable medical equipment and oxygen as was in effect on July 1, 2003; provided further, that said executive office shall not reduce the supplement to chronic disease and rehab hospitals administrative day rate below that which was granted during hospital fiscal year 2004;”

CLERK NUMBER: 1127

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro, and Mr. deMacedo of Plymouth move that the bill be amended in section 2, in item 4000-0600, by inserting in line 1 following the words: “senior care plan” the following:

provided that $4,000,000 shall be expended for the helping our Massachusetts elders or HOME program, so-called, for the purpose of permitting the executive office of health and human services to award grants or contracts to non-profit organizations, quasi public agencies, or other entities to support initiatives that the Interagency Task Force determines will develop or enhance programs that provide the elderly with supportive services that allow them to remain in their own homes or in homelike congregate community housing, assistance in accessing homelike, congregate community housing, assistance in transitioning out of institutional settings, or programs that provide technical assistance, planning and evaluation of the services and community-based housing supporting elders in the community.

And move that the bill be further amended by striking line item 4000-0625.

And move that the bill be further amended by striking in line item 4000-0600 $1,768,393,000 and inserting in place thereof $1,772,393,000.

CLERK NUMBER: 1128

Mr. Golden Of Boston, moves that the bill be amended in section 2, in item 7010-0017, in line 4, by inserting after “facilities;” the following:

“provided further, that not less than $200,000 shall be made available to the AppleTree Institute of Boston for the purpose of establishing a program to provide technical assistance to communities and organizations seeking to create Horace Mann Charter Schools.”

CLERK NUMBER: 1129

Ms. Wolf of Cambridge moves to amend the bill in section 2 in item 4000-0500 by adding at the end thereof the following:—

Provided further, that the secretary of human services shall take no action to reduce or suspend enrollment in the Healthnet or Network Health Managed Care programs

CLERK NUMBER: 1130

Mr. Golden Of Boston, Mr. Jones of North Reading move that Chapter 6A of the General Laws is hereby amended by striking out section 18H as added by section 1 of chapter 239 of the acts of 2002, and inserting in place thereof the following section:,

Section 18H½. (a) The department of telecommunications and energy shall promulgate rules providing for the recovery by telecommunications companies of expenses that have been, are, or will be, until December 31, 2007 , incurred that are associated with the services pursuant to sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166. With respect to any deficit incurred by the telephone companies before the effective date of this section, the department of telecommunications and energy shall determine the portion of directory assistance revenues that will be used to offset that deficit, including any interest the department may determine should be applied. The rules shall provide for the funding of the prudently incurred expenses by means of a charge on each voice grade exchange telephone line of business and residence customers within the commonwealth; but the surcharge applicable to centrex service shall be based on an equivalency provided to each private branch exchange trunk. In the development of the charge, all telephone companies shall submit to the department historical data verifying their participation in the statutory funding mechanism. The department of telecommunications and energy shall annually report to the general court concerning the financial condition of the fund and shall address in the report the reasonableness of the capital expenditures and related expenses of the statewide emergency telecommunications board incurred in complying with chapter 166, sections 14A and 15E.

b) Each telecommunication company shall remit the surcharge revenues collected from its subscribers to the state treasurer for deposit in the Wireline Enhanced 911 Fund established in section 35W½ of chapter 10. The surcharge revenues shall be used by the board for the recovery by the board and telecommunications companies of expenses that have been, or will be, incurred in complying with sections 18A to 18F, inclusive, of this chapter and sections 14A and 15E of chapter 166.

Chapter 10, as so appearing, is hereby amended by inserting after section 35W the following new section:-

Section 35W½. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Wireline Enhanced 911 Fund. There shall be credited to such fund all revenues received by the commonwealth from surcharges imposed under section 18H½ of chapter 6A; from appropriations; from gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government, and any individual foundation, corporation, association or public authority; revenue derived from the investment of amounts credited to the fund; and any federal funds made available for emergency telecommunication services. The fund shall be used solely for the purposes described in said section 18H½ of said chapter 6A. Amounts credited to the fund shall be available for expenditure by the statewide telecommunications board, without further appropriation.

CLERK NUMBER: 1131

Messrs. Casey of Winchester , Hynes of Marshfield and Jehlen of Somerville move that the bill be amended by adding at the end thereof the following two sections:

"SECTION . Section 1 of chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the definition of ‘Teacher” and inserting in place thereof the following definition:―

"Teacher", any person who is employed by one or more school committees or boards of trustees or by any combination of such committees and boards on a basis of not less than half-time service as a teacher, school psychologist, school psychiatrist, school adjustment counselor or school social worker appointed under section 46G of chapter 71, director of occupational guidance and placement appointed under section 38A or 38D of chapter 71, principal, supervisor or superintendent in any public school as defined in this section, or as a supervisor or teacher of adult civic education, but excluding any person serving as an exchange teacher in any such public school unless he is a member of the teachers' retirement system at the time of entry into such service; provided, however, that "teacher" shall not be deemed to include, nor shall sections 1 to 28, inclusive, apply to, any person who is a teacher in the public schools of the city of Boston, except to such a teacher who, on September 1, 1923, was employed by the city of Boston and was then a member of the teachers' retirement system or who began service as a teacher in the public schools of the city of Boston on or after July 1, 2001.

"SECTION . Section 20 of chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 24 and 25, the words “or under the State-Boston retirement system,”.

CLERK NUMBER: 1132

Mr. Casey of Winchester, Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 7003-0702, in line 2, by striking out the following: “$150,000” and inserting in place thereof the following: “$250,000”.

CLERK NUMBER: 1133

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

Section 13 of Chapter 58 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in lines 14 and 15 by striking out “environmental management” and inserting in place thereof “conservation and recreation”.

CLERK NUMBER: 1134

Mr. Casey of Winchester, Mr. Bosley of North Adams, Mr. Pignatelli of Lenox, Mr. Kelly of Dalton, Mr. Kulik of Worthington, and Ms. Polito of Shrewsbury move that the bill be amended in section 2, in item 7051-0015, by striking out the figures “$650,000” and inserting in place thereof the figures “$747,000”.

CLERK NUMBER: 1135

Mr. Casey of Winchester move that the bill be amended in section 2, in item 7070-0065, by adding at the end thereof the following:

“provided further, that not less than $2,000,000 shall be provided for grants to residents of the Commonwealth who are working in the early education or school age workforce while pursuing an associate or bachelor's degree at a public college or university in the Commonwealth in order to become a degree credentialed early educator or school age professional in a before or after school program”; and in said item by striking the figures “$79,172,974” and inserting in place thereof the figures “$81,172,974”; and in item 1599-1971 by striking out the figures “$20,000,000” and inserting in place thereof the figures “$18,000,000”.

CLERK NUMBER: 1136

Mr. Casey of Winchester moves that the bill be amended in section 2, in item 4130-1000, by striking out the figures “12,096,488” and inserting in place thereof the figures “12,191,488”.

CLERK NUMBER: 1137

Paul C. Casey of Winchester moves that the bill be amended by adding the following section:―

SECTION ___. The second paragraph of section 53 of chapter 146 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following words:― ; and provided, further, that the commissioner shall establish a category of light hoisting equipment, which shall include, but not be limited to, forklift trucks, pallet trucks and motorized hand trucks, which shall be exempt from the license requirements under this section.

CLERK NUMBER: 1138

Mr. Casey of Winchester, Mr. Leduc of Marlborough, Ms. Malia of Boston, Ms. Polito of Shrewsbury and Mr. Petruccelli of Boston moves that the bill be amended in section 2, in item 4400-1000, in line 43, by inserting after the word “re-determinations;” the following: “provided further, that not less than $250,000 shall be expended on services from the FoodSource Hotline; and provided further, that not less than $250,000 shall be expended for the food stamp outreach program” ; and in said item by striking out the figures “116,381,295” and inserting in place thereof the figures “116,881,295”;

and further moves that said bill be amended in said section, in item 1599-1971, by striking out the figures “20,000,000” and inserting in place thereof the figures “19,500,000”.

CLERK NUMBER: 1139

Paul C. Casey of Winchester moves that the bill be amended by adding the following section:―

SECTION ___. Section 25 of chapter 140D of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:―

Such request or application shall not satisfy the requirements of the first paragraph unless, in addition to any other requirements prescribed by law, it is accompanied by a current photographic image from the frontal view of the unobstructed face of the person submitting such request or application, where such person is a natural person. Where the issuing creditor is engaged in the sale of property or services at retail, which the card to be issued may be used to obtain on credit, such photographic image shall be produced and obtained by the card issuer or its agent on premises, and by the use of photographic equipment, controlled or operated by the issuing creditor or an agent or employee thereof at the time of the submission of such request or application.

CLERK NUMBER: 1140

Mr. Casey of Winchester move that the bill be amended in section 2, in item 7007-1200, in line 11, by striking out the following: “$1,500,000” and inserting in place thereof the following: “$2,000,000”; and in said item in lines 13-16, by striking out the following: “provided further, that said grants shall be matched by contributions from private entities equal to twice the expenditures on said pilot program from this line item; provided further, said grants shall fulfill the commonwealth’s entire obligation to said initiative;” and in said item by striking out the figures “2,000,000” and inserting in place thereof the figures “2,500,000”;

and in item 1599-1971 by striking out the figures “$20,000,000” and inserting in place thereof the figures “$19,500,000”.

CLERK NUMBER: 1141

Mr. Casey Of Winchester move that the bill be amended in section 96, in line 5, by adding after the words “allocated.” the following: “Said transfer shall be subject to the provisions of subsection (l) of section 4E of chapter 40J of the General Laws, provided that (i) there shall be no conditions precedent to said transfer, (ii) the condition precedent described in said subsection (l) shall be a condition subsequent to said transfer and (iii) the aggregate payments on account of the green power premium in any one fiscal year under all contracts entered into pursuant to the agreement described in said subsection (l) shall not exceed five million dollars. No additional transfers shall be required from said Renewable Energy Trust Fund pursuant to section 69 of chapter 4 of the acts of 2003 or pursuant to said subsection (l). All municipal electric departments, public instrumentalities and other governmental entities in the commonwealth are hereby authorized to purchase electricity from the commonwealth or its designee pursuant to the terms of the agreement entered into between the Massachusetts technology park corporation and the commonwealth pursuant to said subsection (l) and to purchase electricity or certificates as described in said subsection (l) from said corporation or its designee, and said corporation is hereby authorized to undertake such sales to any entity in the commonwealth. ”.

CLERK NUMBER: 1142

Mr. Casey of Winchester moves that the bill be amended by inserting after section 109 the following section:

“SECTION 110: Notwithstanding any general law or special law to the contrary, there shall be a special commission charged with reviewing, developing and implementing policies that create uniformity in all procurement activities conducted by the Operational Services Division. The commission shall determine the costs currently being incurred through the utilization of agencies' internal personnel for office procurement purposes of those agencies in relation to the costs of consolidating all such activities under the authority of the Operational Services Division; establish guidelines for implementation of consolidated and uniform procurement procedures as indicated by said comparison of agency-specific and consolidated policies; create a detailed report of estimated yearly savings generated by the development of uniform procurement procedures when applied to said agencies; and submit a report of the commission findings and policy recommendations to the House of Representatives no later than July 1, 2004

Said commission shall consist of six members, two of whom shall be members of the House Committee on Post-Audit and Oversight, two of whom shall be members of the House Committee on State Administration, and two of whom shall be members of the House of Representatives to be appointed by the Speaker of the House.”

CLERK NUMBER: 1143

Paul C. Casey of Winchester moves that the bill be amended by adding the following section:―

SECTION ___. Chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, after section 5, the following section:―

Section 5A. Notwithstanding any general or special law or rule or regulation to the contrary, no person appointed to a position under this chapter shall receive a salary greater than that established for the lieutenant governor under section 2.

CLERK NUMBER: 1144

Paul C. Casey of Winchester moves that the bill be amended by adding the following section:―

SECTION ___. Subclause (f) of clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following words:― provided, however, that motor vehicle accident reports shall be made accessible, upon request, to those persons involved in the accident for which such report was created.

CLERK NUMBER: 1145

Paul C. Casey of Winchester moves that the bill be amended by adding the following 6 sections:―

SECTION ___. Paragraph (a) of subdivision 2 of section 3 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by add the following words:― ; provided, however, that any person so appointed on or after July 1, 2004 shall not be subject to the provisions of section 65D.

SECTION ___. Section 65B of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, in line 36, after the figure “nineteen hundred and seventy-five” the following words:― but prior to July 1, 2004 .

SECTION ___. Section 65C of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, in lines 79 and 88 after the figure “nineteen hundred and seventy-five” the following words:― but prior to July 1, 2004 .

SECTION ___. Section 65D of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, in lines 3, 8, 11, 15, 18 and 41 after the figure “nineteen hundred and seventy-five” the following words:― but prior to July 1, 2004.

SECTION ___. Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following section:―

Section 67A. The provisions of sections 65A to 67, inclusive, shall not apply to any judge appointed on or after July 1, 2004 .

SECTION ___. Notwithstanding any general or special law or rule or regulation to the contrary, the provisions of sections 1 to 11, inclusive, shall not impair the retirement rights of active or inactive judges, or beneficiaries of said persons, who were so employed prior to July 1, 2004 .

CLERK NUMBER: 1146

Mr. Casey of Winchester moves that the bill be amended in section 2, in item 6010-0001 by inserting after “ Webster Lake ;” the following: “provided further, that the department shall expend $1,500,000 for the purpose of repair and maintenance of the Mount Vernon Street Bridge on Washington Street in Winchester ;”.

CLERK NUMBER: 1147

Mr. Casey of Winchester moves that the bill be amended in section 78 by striking out said section in its entirety and inserting in place thereof the following:

SECTION 78. Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services pursuant to section 15 of chapter 26 of the acts of 2003, acting in its capacity as the single state agency under Title XIX of the Social Security Act and other federally assisted programs administered by said secretariat, and as the principal agency for all of the agencies within the secretariat, is authorized to enter into interdepartmental service agreements with the university of Massachusetts medical school to perform such activities as the secretary determines are appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to otherwise support the programs and activities of the executive office. Such activities shall include, but not be limited to, (1) provision of administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) consulting services related to quality assurance, program evaluation and development, integrity and soundness, and project management; (3) activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties; and (4) programs to maximize federal financial participation to municipalities which make certified public expenditures to hospitals pursuant to said Title XIX regulations. Federal reimbursement for any expenditures made by the university of Massachusetts medical school relative to federally-reimbursable services said school provides under said interdepartmental service agreements or other contracts with the executive office of health and human services shall be distributed to said university. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing such federal reimbursement or avoiding costs, and the comptroller shall be directed to pay upon the receipt of such revenue, reimbursement or demonstration of costs avoided; provided however that the secretary shall not pay contingency fees in excess of $30,000,000 for state fiscal year 2005. The secretary of health and human services shall submit to the secretary of administration and finance and the house and senate committees on ways and means a quarterly report detailing (1) the amount of federal reimbursement and recoupment payments the said university was able to collect for the commonwealth in generating such fees; and(2) the amounts spent by said university on personnel and other costs in that effort.

CLERK NUMBER: 1148

Mr. Casey of Winchester moves that the bill be amended in section 2, in item 2800-0101, in line 14, by inserting after “areas;” the following: “provided further, that no less than $25,000 shall be expended for aquatic weed control treatments in the Upper Mystic Lake”; and in said item by striking out the figures “$10,604,899” and inserting in place thereof the figures “10,629,899”.

CLERK NUMBER: 1149

Messrs. Casey of Winchester, Malia of Boston, Petruccelli of Boston, Galvin of Canton, Kafka of Sharon, Murphy of Burlington, Demakis of Boston, Festa of Melrose, Fox of Boston, St. Fleur of Boston and Linsky of Natick move that the bill be amended in section 2, in item 2800-0200, by striking out the figures “$1,000,000” and inserting in place thereof the figures “$5,400,000”; and in item 1599-1970, by striking out the figures “$25,000,000” and inserting in place thereof the figures “20,600,000”.

CLERK NUMBER: 1150

Representatives Stanley of West Newbury, L’Italien of Andover, Peisch of Wellesley, Blumer of Framingham, Linsky of Natick, Khan of Newton, Turkington of Falmouth, Canavan of Brockton, Knuutila of Gardner, Kocot of Northampton, Fox of Boston, Atsalis of Hyannis, Falzone of Saugus, Spiliotis of Peabody, Walsh of Lynn, Kennedy of Brockton, and Festa of Melrose move that the bill be amended in section 2, in item 7502-0100, by striking out the figures “7,648,364” and inserting in place thereof the figures “7,725,620”;

In item 7503-0100 by striking out the figures “12,301,358” and inserting in place thereof the figures “12,425,614”;

In item 7504-0100 by striking out the figures “9,007,614” and inserting in place thereof the figures “9,098,600”;

In item 7504-0101 by striking out the figures “93,451” and inserting in place thereof the figures “94,395”;

In item 7505-0100 by striking out the figures “7,379,020” and inserting in place thereof the figures “7,453,556”;

In item 7506-0100 by striking out the figures “14,527,747” and inserting in place thereof the figures “14,674,492”;

In item 7507-0100 by striking out the figures “11,328,940” and inserting in place thereof the figures “11,443,374”;

In item 7508-0100 by striking out the figures “15,790,997” and inserting in place thereof the figures “15,950,502”;

In item 7509-0100 by striking out the figures “9,099,667” and inserting in place thereof the figures “9,191,583”;

In item 7510-0100 by striking out the figures “15,011,453” and inserting in place thereof the figures “15,163,084”;

In item 7511-0100 by striking out the figures “16,376,152” and inserting in place thereof the figures “16,541,568”;

In item 7512-0100 by striking out the figures “11,836,891” and inserting in place thereof the figures “11,956,456”;

In item 7514-0100 by striking out the figures “18,653,749” and inserting in place thereof the figures “18,842,171”;

In item 7514-0102 by striking out the figures “529,854” and inserting in place thereof the figures “535,206”;

In item 7515-0100 by striking out the figures “8,739,082” and inserting in place thereof the figures “8,827,356”;

In item 7516-0100 by striking out the figures “15,249,778” and inserting in place thereof the figures “15,403,816”;

In item 7518-0100 by striking out the figures “15,457,973” and inserting in place thereof the figures “15,722,114”;

And in item 0640-0010 by striking out the figures “10,000,000” and inserting in place thereof the figures “7,982,583”.