House Budget Amendments

CLERK NUMBER: 1151

Ms. Callahan of Sutton moves that the bill be amended in section 2, in item 7007-0515, in line 3, by inserting after “Cape Cod Chamber of Commerce" the following: "provided further that not less than $30,000 shall be expended for a grant to the Blackstone Valley Chamber of Commerce”; and in said item by striking out the figures "$550,000" and inserting in place thereof the figures "$580,000".

CLERK NUMBER: 1152

Ms. Callahan of Sutton moves that the bill be amended in section 2, in item 7007-0950, in line 9, by inserting after "Top Inc." the following: "and provided further that a grant of not less than $30,000 shall be provided to Waters Farm Preservation, Inc.”

CLERK NUMBER: 1153

Ms. Callahan of Sutton moves that the bill be amended in section 2, in item 7004 - 9005, by adding the following: "provided further that no less than $50,000 be provided to the Bellingham Housing Authority to repair and replace sidewalks, handicap ramps and walkways at senior housing complexes.”

CLERK NUMBER: 1154

Ms. Callahan of Sutton moves that the bill be amended in section 2, in item 4000 - 0112, in line 3, by inserting after "Commonwealth" the following: "provided further that no less than $20,000 will be expended as a non-matching grant for youth counseling, GED/School-to-Career Program, drug prevention, and at-risk youth services at a regional youth center in Uxbridge"; and in said item by striking out the figures "$1,075,000" and inserting in place thereof the figures "$1,095,000".

CLERK NUMBER: 1155

Mr. Golden Of Boston, Mr. Fennell Of Lynn, Mr. Walsh Of Lynn, Mr. Sanchez Of Jamaica Plain, Mr. Falzone Of Lynn, move that the bill be amended in section 2, in item 4512-0200, in line 5, by inserting after “ Boston ;” the following:

“provided further, that not less than $90,000 shall be expended for the Russian Teens-at-Risk program operated by the Jewish Family Children's Service in the cities of Boston and Lynn and the town of Brookline ;”

CLERK NUMBER: 1156

Ms. St. Fleur, Mr. Walsh, Ms. Malia, Mr. Petruccelli, and Ms. Fox of Boston move that the bill be amended in section 2, in item 4513-1000, in line 1, by inserting after the words “For the operation of the bureau of family health services;” the following:

“provided, that not less $99,999 shall be expended for the Louis D. Brown Peace Institute for homicide victims’ family support services and anti-violence advocacy programs;” and in said item by striking out the figures “$4,840,000” and inserting in place thereof the figures “$4,939,999”

CLERK NUMBER: 1157

Mr. Wagner of Chicopee moves that the bill be amended in section 33, by striking out in line 11 the number “19” and inserting in place thereof the number “21”; and in said section, by striking out in said line the number “9” and inserting in place thereof the number “11”; and in said section, by striking out the word “and” in line 15; and in said section, by adding in line 16 after the word “representatives” the words “the chairman of the Massachusetts aeronautics commission or his designee; and a representative of the regional transit authorities, as chosen by a majority of member authorities”; and in said section, by striking out, in lines 18 to 19, inclusive, the words “the chairman of the Massachusetts aeronautics commission or his designee; a representative of the Regional Transportation Authorities, as chosen by a majority of member authorities” and inserting in place thereof the words “the director of housing and community development; the secretary of the executive office of environmental affairs”; and in said section, by striking out the number “5” in line 28 and inserting in place thereof the number “6”; and in said section, by striking out in said line the number “9” and inserting in place thereof the number “11”.

CLERK NUMBER: 1158

Ms. St. Fleur Of Boston moves that the bill be amended by adding at the end thereof the following section:

SECTION 1: Chapter 40 of the General Laws is hereby amended by striking out section 4E, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:—

Section 4E. Pursuant to the provisions hereof, two or more school committees of cities, towns and regional school districts may enter into a written agreement to conduct education programs and services which shall complement and strengthen the school programs of member school committees and increase educational opportunities for children. The school committees shall collaborate to offer such programs and services, and the association of school committees which is formed pursuant hereof to deliver such programs and services shall be known as an education collaborative. The purpose of the education collaborative shall be to enable school districts to operate more efficiently and economically; assist school districts in improving student performance; and implement initiatives assigned by the general court or the commissioner of education.

The education collaborative shall have a board of directors which shall have the power to select and terminate the executive director of the collaborative, to review and approve budgets for the collaborative and to establish policies for the collaborative which are consistent with the requirements of the law. The board of directors shall be comprised of one person appointed by each member school committee. Such person shall be either a school committee member or the superintendent of schools. Each board member shall be entitled to one vote.

The written agreement which shall form the basis of the education collaborative shall set forth the purposes of the program or service, the financial terms and conditions of membership of the education collaborative, the method of termination of the education collaborative and of the withdrawal of member school committees, the procedure for admitting new members and for amending the collaborative agreement, the powers and duties of the board of directors of the education collaborative to operate and manage the education collaborative and any other matter not incompatible with law which the member committees deem advisable. The agreement shall be subject to the approval of the member school committees and the commissioner of education. The commissioner of education shall develop in conjunction with collaborative directors and the Massachusetts Organization of Educational Collaboratives and promulgate a board of education approved policy on education collaboratives. Such policy shall be reviewed every five years by the board.

Each board of directors of an education collaborative shall establish and manage a trust fund, to be known as an Education Collaborative Trust Fund, and each such fund shall be designated by an appropriate name. All monies contributed by the member municipalities, and all grants or gifts from the federal government, state government, charitable foundations, private corporations, or any other source, shall be paid to the board of directors of the education collaborative and deposited in the aforesaid Fund.

The board of directors of the education collaborative shall appoint a treasurer who may be a treasurer of a city, town or regional school district belonging to such collaborative. Such treasurer shall be authorized, subject to the direction of the board of directors of the education collaborative, to receive and disburse all monies of the trust fund without further appropriation. The treasurer shall give bond annually for the faithful performance of his duties as collaborative treasurer in a form approved by the department of revenue and in such sum, not less than the amount established by said department, as shall be fixed by the board of directors of the education collaborative. The board of directors of the education collaborative in its discretion may pay compensation to the treasurer for his services. No member of the board of directors of the education collaborative shall be eligible to serve as treasurer of said collaborative. The treasurer of the education collaborative board of directors shall have the authority to make appropriate investments of the monies of the Education Collaborative Trust Fund consistent with the provisions of section 54 of chapter 44.

The board of directors of the education collaborative shall have the authority to borrow money, enter into long-term or short-term loan agreements and mortgages, apply for and be eligible to receive state, federal or corporate grants or contracts subject to the approval of the collaborative board members. For the purpose of applying for and receiving state, federal, or corporate grants or contracts only, education collaboratives shall be considered local education agencies.

The board of directors of the education collaborative shall employ, and fix the compensation of an executive director. The executive director shall manage the education collaborative in a fashion consistent with state and federal law, board of education regulations, and policy determinations of the board of directors. The executive director, consistent with the collaborative’s policies and budgetary restrictions, shall be responsible for hiring, supervising, overseeing, and terminating all personnel employed by the collaborative.

The education collaborative shall be deemed to be a public employer, the representative of which is the board of directors. No person shall be eligible for employment by said collaborative as a teacher of children with intense special needs, teacher of children with special needs, teacher, guidance counselor, school psychologist, school adjustment counselor, school social worker, school nurse, supervisor or director unless he has been granted by the commissioner a provisional or standard certification pursuant to section 38G of chapter 71 or an approval under regulations promulgated by the board of education under chapter 71B or chapter 74 with respect to the type of position for which he seeks employment. The executive director of the collaborative shall implement the regulations and guidelines issued pursuant to section 38G of chapter 71. The provisions of sections forty-one, forty-two D and forty-three of Chapter 71 shall apply to each category of employees named in those sections who serve in education. A board of directors of an education collaborative may, upon its request, be exempted by the board of education for any one school year from the requirements of this section to employ certified or approved personnel when compliance therewith would in the opinion of the board constitute a great hardship. Pursuant to Section 2 of Chapter 132 of the Acts of 1981, this paragraph shall not apply to any person employed by an education collaborative on the effective date of that act. An employee or volunteer of an education collaborative shall be immune from liability to the same extent as an employee or volunteer of a school district.

The education collaborative shall be deemed to be a public entity, subject to or exempt from taxation in the same manner as a city, town or regional school district, and shall have standing to sue and be sued to the same extent as a city, town, or regional school district. An education collaborative, acting through its board of directors, may enter into contracts for the purchase of supplies, materials, services, and for the purchase, sale or leasing of land, buildings and equipment as deemed necessary by such board of directors.

A school committee of any city, town or regional school district may authorize the prepayment of monies for any educational program, or service of the educational collaborative, to the treasurer of an education collaborative, and the city, town or regional school district treasurer shall be required to approve and pay such monies in accordance with the authorization of the school committee.

CLERK NUMBER: 1159

Representatives Festa of Melrose, Sullivan of Fall River, Blumer of Framingham, Petersen of Marblehead, Carron of Southbridge, Reinstein of Revere, Tobin of Quincy, Toomey of Cambridge, Falzone of Saugus move that the bill be amended by adding at the end thereof the following section:

SECTION ___: Chapter 44B, as so appearing, is hereby amended by adding the following section:-

SECTION 18. (1) Notwithstanding any general or special law to the contrary, during the fiscal year 2005, the comptroller shall transfer $30 million from the Community Preservation Fund, established in section 9 of this chapter, solely and immediately for deposit in the following funds in the designated amounts:

(a) $6 million to the Massachusetts Self-Help Program in the Department of Conservation Services;

(b) $6 million to the Massachusetts Urban Self-Help Program in the Department of Conservation Services;

(c) $3 million to the Massachusetts Historic Landscape Preservation Grant Program in the Department of Conservation and Recreation;

(d) $3 million to the Massachusetts Preservation Projects Fund in the Massachusetts Historic Commission; and

(e) $12 million to the Massachusetts Affordable Housing Trust Fund in the Department of Housing and Community Development.

(2) This distribution from the Community Preservation Trust Fund shall only be made as a supplement above and beyond FY2004 levels of funding for these grant programs, not as a replacement of existing and historical commitments to these programs. Prior to and as a condition for the transfer of said funds to any one of the aforementioned programs, the comptroller shall ascertain and find that the amount of funds available to applicants in said program for fiscal year 2005, prior to the transfer of said funds, shall be at least equal to the amount available in fiscal year 2004.

(3) Access to the funds transferred through this section shall require a one-to-one match from municipally raised revenue, regardless of the current established matching requirements in the aforementioned programs.

CLERK NUMBER: 1160

Mr. Jones of North Reading moves that the bill be amended in section 2, in item 9110-1630 by inserting after “qualified elders” the following:— “provided further that not less than $100,000 be made available for a pilot program for home health care, to be administered by Community Parish Nursing in the town of Reading”.

CLERK NUMBER: 1161

Representatives Festa of Melrose, Sullivan of Fall River, Blumer of Framingham, Petersen of Marblehead, Carron of Southbridge, Reinstein of Revere, Tobin of Quincy, Falzone of Saugus move that the bill be amended by adding at the end thereof the following section:

SECTION___: Chapter 44B, as so appearing, is hereby amended by adding the following section:-

SECTION 18. (1) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Massachusetts Community Preservation Supplementary Trust Fund, hereinafter “the supplementary trust fund,” for the benefit of cities and towns that have or have not accepted sections 3 to 7, inclusive.

(2) Notwithstanding any general or special law to the contrary, during the fiscal year 2005, the comptroller shall transfer $30 million from the Community Preservation Fund, established in section 9 of this chapter to the supplementary trust fund.

(3) There shall be established a special administrative structure, the Community Preservation Supplementary Distribution Committee, hereinafter “the committee.” The committee is charged with drafting guidelines for how the supplementary trust fund can be used, developing a request for proposals from municipalities interested in accessing the supplementary trust fund, reviewing proposals submitted by municipalities, and ultimately distributing the balance of the supplementary trust fund in accordance with their stated guidelines. Guidelines shall require the municipality to match any distribution from the supplementary trust fund on a one-to-one ratio with locally-raised funds, and funded projects may only include projects that are consistent with the priorities of the Community Preservation Act.

(4) The committee shall be chaired by the Chief of Commonwealth Development, and shall include a representative appointed by the Massachusetts Municipal Association, two representatives appointed by the Massachusetts Association of Regional Planning Agencies, a representative appointed by the Metropolitan Mayors Coalition, a representative appointed by the Community Preservation Coalition, and two municipal representatives appointed by the Governor, two municipal representatives appointed by the Speaker of the House, and two municipal representatives appointed by the Senate President. Elected officials making appointments to the committee shall divide their appointments equally between representatives of municipalities that have passed the Community Preservation Act and those that have not passed the Community Preservation Act.

CLERK NUMBER: 1162

Representatives Festa of Melrose, Sullivan of Fall River, Blumer of Framingham, Petersen of Marblehead, Carron of Southbridge, Reinstein of Revere, Tobin of Quincy, Toomey of Cambridge, Fox of Boston, Falzone of Saugus move that the bill be amended by adding at the end thereof the following section:

SECTION ___: The joint committee on natural resources and agriculture and the joint committee on housing and urban development shall conduct a review of the operation of the Community Preservation Act, established in Chapter 44B of the General Laws, including an assessment of whether limiting access to the program to imposition of a property tax surcharge is the most effective way of meeting community preservation needs, as defined in said chapter, throughout the commonwealth. This review shall include at least two public hearings, one of which shall be held in the western four counties of the commonwealth. The committees shall solicit testimony regarding innovative ways that municipalities might generate local revenue streams that could qualify for matching funds from the Community Preservation Trust Fund. The committee shall report back to the House of Representatives and the Senate with recommendations and legislation, if any, no later than March 1, 2005 .

CLERK NUMBER: 1163

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

SECTION . Section 124 of chapter 175 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking in line 2 the words “without previous medical examination or.”

SECTION . Section 186 of chapter 175 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end thereof, the following paragraph:—

Notwithstanding the provisions of sections one hundred and eight and one hundred and thirty two of this chapter, no company shall be barred by the passage of any period of time from asserting as a defense to a claim under any insurance policy, or as grounds for rescission, that the statements contained in the life or accident or sickness insurance policy application, or any reinstatement application, were fraudulent and made with actual intent to deceive and gain coverage that the applicant or insured would not otherwise have qualified for. Said defense to a claim under this paragraph must be pertinent to said policy; and, provided further, that inadvertent mistakes made by an insured in the negotiation of a policy of insurance as set out in this paragraph shall not constitute fraud.

SECTION . The previous two sections of this act shall apply to all life and accident and health policies hereafter delivered or issued for delivery in the Commonwealth, any contract provision notwithstanding, and to any policy of life or accident and health insurance that has not become incontestable by its terms prior to the effective date of this act.

CLERK NUMBER: 1164

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

2 2800-0101 by adding at the end thereof the follow; “provided that not less that

3 $8,000 be allotted to the Division of Water Supply Protection for the purchase

4 of materials relating to the rehabilitation of the Wachusett Reservoir and Dam

5 area in the town of Clinton ”.

CLERK NUMBER: 1165

Mr. Golden of Boston moves to amend the bill in section 2 in item 0330-0300 by adding the following at the end thereof:—

provided further, that $99,900 shall be expended to continue the study of disadvantaged children in the trial court performed in conjunction with Massachusetts General Hospital

CLERK NUMBER: 1166

Mr. Bosley of North Adams, Mr. Kelly of Dalton and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 0330-0410, in line 2, by inserting after “Salem” the following:

"provided further, that not less than $25,863 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield ; provided further, that not less than $29,558 shall be expended for Berkshire Mediation Services"

CLERK NUMBER: 1167

Mr. Bosley Of North Adams and Mr. Festa of Melrose move that the bill be amended in section 2, in item 7007-0950, by adding at the end thereof the following:

“provided further that not less than $500,000 shall be made available through a grant application process established by the office of travel and tourism to offset deficits that may occur during fiscal year 2005 for the highway information centers operating year-round on state highways and federally-assisted highways, and the visitor information centers on Boston Common and the Prudential Center, both of the City of Boston.”

CLERK NUMBER: 1168

Mr. Bosley from North Adams and Mr. Kulik of Worthington move that the bill be amended in section 2, in item 7003-0701, in line 21, by inserting after “job training” the following:

“provided further, that not less than $200,000 shall be expended for the Western Massachusetts Enterprise fund” and in said item by striking out the figures “$18,000,000” and inserting in place thereof the figures “$18,200,000”. And further amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$107,270,805”.

CLERK NUMBER: 1169

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 4800-0038, by adding at the end thereof the following:

“provided, that the department shall expend a sum of not less than $150,000 in Region 1 for a community-based family unification counseling program to prevent juvenile delinquency.”; and in said item by striking out the figures “$258,516,384” and inserting in place thereof the figures “$258,666,384”; and in item 1599-1971 by striking out the figures “$20,000,000” and inserting in place thereof the figures “$19,850,000”.

CLERK NUMBER: 1170

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 0337-0900, by adding at the end thereof the following:

“provided that $54,690 shall be expended for a Berkshire CASA program in the Berkshire county juvenile court”.

CLERK NUMBER: 1171

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2 by inserting after item 8910-7100 the following item:

“8910-xxxx. For the operation of the Berkshire County Juvenile Resource Center operated by the sheriff of the former Berkshire County in the city of Pittsfield….$535,000”; and in item 1599-1971, by striking out the figures “$20,000,000” and inserting in place thereof the figures “$19,465,000”.

CLERK NUMBER: 1172

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 5920-2000, in line 12, by inserting after “2005” the following “and provided further, that not less than $150,000 shall be expended for Best Buddies Massachusetts”; and in said item by striking out the figures “$476,614,523” and inserting in place thereof the figures “$476,764,523”;

and in item 1599-1971 by striking the figures “$20,000,000” and inserting in place thereof the figures “$19,850,000”.

CLERK NUMBER: 1173

Mr. Bosley of North Adams, Mr. Pignatelli of Lenox, and Mr. Kelly of Dalton move that the bill be amended in section 2, in item 1410-0250, in line 21, by inserting after “Veterans” the following: “provided further, that not less than $250,000 shall be obligated for a contract with the United Veterans of America shelter located in the town of Leeds”; and in said item by striking out the figures “$3,390,859” and inserting in place thereof the figures “3,640,859”;

and in item 1599-1971 by striking the figures “$20,000,000” and inserting in place thereof the figures “$19,750,000”.

CLERK NUMBER: 1174

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 7007-0950, in line 12, by inserting after “Project” the following:

"provided further, that not less than $200,000 shall be expended as grants for the Bay State Games;" and in said item by striking out the figures "$2,000,000" and inserting in place there of the figures "$2,200,000"; and in item 1599-1971 by striking out the figures "$20,000,000" and inserting in place thereof the figures "$19,800,000".

CLERK NUMBER: 1175

Mr. Bosley of North Adams , Mr. Rodrigues of Westport , Mr. Dempsey of Haverhill and Mr. Honan of Boston move that the bill be amended in section 2, in item 7003-0702, by inserting at the end thereof the following:

“and provided further, that not less than $400,000 shall be expended for the Commonwealth Corporation”;

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 “19,600,000”.

CLERK NUMBER: 1176

Mr. Bosley of North Adams, Mr. Donelan of Orange, Mr. Kulik of Worthington, Ms. Story of Amherst, Ms. Gobi of Spencer and Ms. Gomes of Harwich move that the bill be amended in section 2, in item 4590-0300, in line 1, by inserting after “cessation programs” the following:

“provided further, that not less than $200,000 shall be expended for Berkshire Area Health Education Center, Inc. for support and implementation of model community coalitions and community capacity building activities.” and in said item by striking out the figures “$1,750,000” and inserting in place thereof the figures “$1,950,000”. And further amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$107,270,805”.

CLERK NUMBER: 1177

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 4530-9000, by adding at the end thereof the following:

“and provided that not less than $150,000 shall be expended for the Berkshire Coalition to Prevent Teen Pregnancy program in Berkshire County; and provided that not less than $225,000 shall be expended for the abstinence-based teen pregnancy prevention programs in the cities of North Adams and Pittsfield; and provided further, that of said $225,000, not less than $125,000 shall be expended for said program in the city of Pittsfield”;

and in said item by striking out the figures “450,000” and inserting in place thereof the figures “975,000”;

and further moves to amend said bill in said section, in item 1599-1971, by striking the figures “20,000,000” and inserting in place thereof the figures “19,525,000”.

CLERK NUMBER: 1178

Mr. Bosley of North Adams and Mr. Pignatelli of Lenox move that the bill be amended in section 2, in item 4403-2119, by striking out the figures “5,063,317” and inserting in place thereof the figures “6,063,317”;

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 “19,000,000”.

CLERK NUMBER: 1179

Mr. Bosley of North Adams moves that the bill be amended in section 2, in item 2000-0100 by striking out the figures “$1,841,373” and inserting in place thereof the figures “$2,107,764.”

And further amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$107,204,414”.

CLERK NUMBER: 1180

Mr. Bosley of North Adams moves that the bill be amended in section 2, in item 2511-0100 by striking out the figures “$3,528,442” and inserting in place thereof the figures “$3,624,296.”

CLERK NUMBER: 1181

Mr. Bosley Of North Adams moves that the bill be amended in section 2 by inserting after item 7007-1300 the following item:

“7007-1300. that not less than $1,269,390 shall be expended for the Massachusetts International Trade Council for the purposes of international trade promotion and the attraction of foreign direct investment to the Commonwealth.”

And further amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$106,201,415”.

CLERK NUMBER: 1182

Mr. Bosley Of North Adams moves that the bill be amended in section 2, in item 7113-0100, by striking out the figures “$10,801,153” and inserting in place thereof the figures “$12,000,000”.

And further amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$106,271,958”.

CLERK NUMBER: 1183

Mr. Bosley of North Adams and Mr. Festa of Melrose move that the bill be amended in section 2, in item 4400-1000, in line 36, by inserting after “Food stamp program” the following:

“provided further, that not less than $500,000 shall be expended for The Hunger Emergency Hotline and 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 amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$106,970,805”.

CLERK NUMBER: 1184

Mr. Bosley Of North Adams And Mr. Festa Of Melrose move that the bill be amended in section 2, in item 7007-1000, in line 3, by striking out the following: “15 per cent” and inserting in place thereof the following: “20 per cent”.

CLERK NUMBER: 1185

Mr. Bosley of North Adams and Mr. Dempsey of Haverhill move that the bill be amended by adding at the end thereof the following section(s):

Section 17 of chapter 23D of the general laws, as appearing in the 2000 official edition, is hereby amended by striking the first sentence and inserting in place thereof the following: --

There is hereby established a program of employee involvement and ownership to be administered by the smaller business association of new england.

CLERK NUMBER: 1186

Mr. Bosley from North Adams and Mr. Dempsey from Haverhill move that the bill be amended in section 2, in item 7003-0702, in line 2, by inserting after “and enterprise” the following:

“provided further, that not less than $127,000 shall be expended for the employee involvement and ownership program” and in said item by striking out the figures “$4,000,000” and inserting in place thereof the figures “$4,127,000”. And further amended is section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in the place thereof the figure “$107,343,805”.

CLERK NUMBER: 1187

Mr. Bosley of North Adams moves to amend the bill by adding the following outside section:

Section____

Section 18 of chapter 138 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end of Section 18 the following new paragraph:-

It shall be unlawful for any licensee under this section to purchase alcoholic beverages from any source other than the primary American source of supply unless authorized by the primary American source of supply. "Primary American source of supply" shall mean the distiller, bottler, brewer, vintner, brand owner, or designated agent of any such distiller, bottler, brewer, vintner, or brand owner.

CLERK NUMBER: 1188

Mr. Bosley of North Adams moves to amend the bill by adding the following outside section:

Section____

Said chapter 112, as so appearing, is hereby further amended by inserting after section 65 the following sections:-

Section 65A. Each board of registration may assess and collect a fine of up to $5,000 for each violation upon any person who practices any trade or profession at a time when his or her license, certificate, registration or authority to do so is not valid because it has been suspended, revoked or canceled under authority of this chapter, and upon any person who knowingly practices any trade or profession at a time when his or her license, certificate, registration or authority authorizing him or her to do so has expired. Each board may make application to the appropriate court for an order enjoining unlicensed practice and obtaining a restraining order or other order as may be appropriate.

Section 65B. Except as otherwise permitted by law, each board of registration, after a hearing held pursuant to chapter 30A before any such board having jurisdiction, may assess and collect a fine of up to $5,000 for each violation upon any person who, without holding the required license, certificate, registration, or authority, engages in the practice of any trade or profession for which a license, certificate, registration, or authority is required. Nothing contained in this section shall be construed as affecting, restricting, diminishing or limiting any other existing penalty or remedy provided by law. Each board may make application to the appropriate court for an order enjoining unlicensed practice, or ordering payment of any assessed fine, or both. Upon a showing by the board that such person has engaged in unlicensed practice, an injunction, restraining order or other order as may be appropriate shall be granted by the court.

Section 65C. Each board of registration which has jurisdiction over a licensee whose continued practice poses an immediate and serious threat to the public health, safety or welfare may suspend or refuse to renew the holder's license, certificate, registration, or authority pending a hearing on the merits of the allegation against the holder; provided however, that the board shall hold a hearing pursuant to chapter 30A on the necessity for the emergency action within 10 days of the action. The board shall issue to the licensee a written summary suspension which specifies the findings of the board and the reasons for its summary suspension and which includes notice of the date, time and place of the aforementioned 10 day hearing. At the request of the licensee the board may reschedule this hearing to a date and time mutually agreeable to the board and licensee. Any such rescheduling of the hearing granted at the licensee's request shall not operate to lift or stay the summary suspension order. If such hearing is not held within 10 days of the board's emergency action, the license, certificate, registration, or authority against which action was taken shall be deemed reinstated. At the adjudicatory hearing on the necessity for summary suspension, the board shall receive evidence limited to determining whether the summary suspension order shall continue in effect pending the final disposition of the complaint. Following such hearing, any continuing suspension imposed by a board shall remain in effect until the conclusion of any formal proceeding on the merits of the allegations against the holder, including judicial review thereof or withdrawn by such board. The division after proper notice and hearing shall adopt rules and regulations governing the emergency suspension procedure authorized by this section.

Section 65D. Any complaint, report, record or other information received or kept by any board of registration within the division of professional licensure in connection with an investigation shall be considered to be a public record only following the issuance of an order to show cause or final action by the board. Prior to the issuance of an order to show cause or final action each board may keep confidential any complaint, report, record or other information received or made in connection with an investigation conducted by the board; provided, however, that the identity of the person filing a complaint shall be exempt from disclosure as a public record at all times, except to the extent that a licensee may be entitled to such information for the purposes of preparing a defense in a formal adjudicatory hearing. The requirement that investigative records or information be kept confidential shall not apply to requests from other state or federal agencies, boards or institutions.

Meetings of the boards held for the purpose of conducting investigative conferences related to a complaint shall not be considered open meetings within the meaning of section 11A½ of chapter 30A.

Section 65E. After a complaint has been filed with any of the boards of registration alleging that any holder of a license, certificate, registration, or authority issued by any of the boards may be incompetent or unable to practice his or her profession or trade with reasonable skill and safety because such holder's ability to practice is impaired due to mental illness or physical illness, the board may order such holder to be examined by one or more physicians or psychotherapists approved by the board at the board's expense. If the individual fails or refuses to comply with an order by the board for such examination, and upon reasonable notice to the holder, the board may apply to superior court for an order compelling the holder to submit to such examination. If the board's application is granted, the court may, after opportunity for hearing, require the individual to pay the board its reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds an award of expenses unjust. The holder's failure to comply with a court order issued under this section shall constitute grounds for disciplinary action by the board, including but not limited to the sanctions listed in section 61. The report of the examiners shall be made available to the holder and may be received as direct evidence in formal adjudicatory proceedings. Said report shall remain confidential except to the extent it is disclosed in such proceedings.

Section 65F. One half of all fines assessed pursuant to sections 61 and 65A through 65E of this chapter shall be deposited in the division of professional licensure trust fund as established under chapter 10, section 35 V(a); the remaining one half shall be deposited in the General Fund.

CLERK NUMBER: 1189

Mr. Bosley of North Adams moves to amend the bill by adding the following outside section:

Section____

Chapter 13 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by inserting after section 9B the following new section:—

Section 9C. Each board of registration shall be immune from liability for actions taken in good faith in the discharge off its responsibilities. Board members acting in good faith in the discharge of their duties shall be defended by the attorney general and shall be eligible for indemnification of all costs and damages arising from claims and suits against them.

CLERK NUMBER: 1190

Mr. Bosley of North Adams moves to amend the bill by adding the following outside section:

Section____

Section 61 of said chapter 112, as appearing in the 2002 Official Edition, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraphs:-

Except as otherwise provided by law, each board of registration may, by majority vote and upon determination made after a hearing that the holder of a license, certificate, registration or authority issued by such board of registration within the division of professional licensure has engaged in any of the offenses enumerated in this section, undertake one or more of the following actions:

(1) suspend, revoke, cancel or place on probation such license, certificate, registration or authority;

(2) reprimand or censure a holder;

(3) assess upon such holder a fine not to exceed $5,000 for each violation;

(4) require such a holder to perform, for each violation, up to 100 hours of public service in a manner and time to be determined by the board;

(5) require such holder to complete additional education and training as a condition of retention or future consideration or reinstatement of said, license, certificate, registration or authority;

(6) require such holder to practice under appropriate supervision for a period of time as determined by the board as a condition of retention or future consideration of reinstatement of such license, certificate, registration or authority;

(7) require such holder to participate in an alcohol or drug rehabilitation program or undergo drug testing, or both, as a condition of retention or future consideration of reinstatement of said license, certificate, registration authority; and

(8) require restitution of not more than $10,000, where appropriate.

Each board of registration may discipline the holder or license, certificate, registration or authority issued in accordance with the provisions of this section if such a holder has:

(i) engaged in conduct which places into question the holder's competence to practice his or her profession including, but not limited to, gross misconduct or misconduct in the practice of profession, or practicing the profession fraudulently or beyond authorized scope, or with gross incompetence, or with negligence on more than one occasion;

(ii) engaged in the practice of his or her profession while the ability to practice impaired by alcohol, drugs, physical disability or mental instability;

(iii) violated any law, rule or regulation of the board of registration governing the practice of his or her profession;

(iv) been convicted of a criminal offense which reasonably calls into question the holder's ability to practice his or her profession;

(v) engaged in dishonesty, fraud or deceit which is reasonably related to the practice of his or her profession;

(vi) knowingly permitting, aiding, or abetting an unlicensed person to perform activities requiring a license, registration or authority; or

(vii) had a license, certificate, registration, or authority issued by another state or territory of the United States, the District of Columbia, or foreign state or nation with authority to issue such a license, certificate, registration, or authority revoked, canceled or suspended, not renewed or otherwise acted against, or the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth.

Nothing in this section shall be deemed a limitation on any board's authority to impose such reasonable sanctions as deemed appropriate by the board after hearing or by a consent agreement.

CLERK NUMBER: 1191

Mr. Bosley of North Adams moves to amend the bill by adding the following outside section:

Section____

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

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

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

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

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

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

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

(ii) The Court finds that the assignor:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLERK NUMBER: 1192

Mr. Casey of Winchester 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 to the contrary, the chief medical examiner established pursuant to chapter 38 of the General Laws or any district medical examiner’s appointed pursuant to said chapter shall provide health care providers with timely autopsy information on patients who expire in their care for the purposes of quality assurance and improvement; provided that, the chief medical examiner or any district medical examiner shall not be required to submit said information if there is a law enforcement investigation of the death; and provided further that, any information transferred complies with all state and federal privacy laws.”

CLERK NUMBER: 1193

Mr. Golden of Boston moves to amend the bill in section 2 in item 7007-0950 by adding at the end thereof the following:—

provided further, that $30,000 shall be expended for aesthetic improvements in the Cleveland Circle / Chestnut Hill Reservoir area of the Brighton section of the city of Boston

CLERK NUMBER: 1194

Representatives Cabral Of New Bedford, Koczera of New Bedford, Howland of Freetown, Quinn of Dartmouth move that the bill be amended in section 2, in item 2810-0100, in line 5, by inserting after “development” the following:

;" provided further, that not less than $100,000 shall be obligated for the Schooner Ernestina Commission;"

CLERK NUMBER: 1195

Mr. Demacedo Of Plymouth move that the bill be amended by adding at the end thereof the following sections:

SECTION XX. Chapter 25A of the General Laws is hereby amended by inserting after section 11G the following new section:-

Section 11H. (a) The division of energy resources is hereby authorized to make an assessment against each electric and gas utility company doing business in the commonwealth. This section does not apply to the municipally owned electric and gas companies.

(b) Such assessments shall be made to finance activities undertaken by the division in accordance with section 11G related to oversight and coordination of ratepayer funded programs for energy efficiency, energy conservation, and demand reduction programs.

(c) Such assessment shall be made at a rate as shall be determined and certified annually by the commissioner as sufficient to reimburse the commonwealth for funds appropriated by the general court for activities of the division related to the oversight and coordination of programs for energy efficiency, energy conservation, and demand reduction. From July 1, 2004 through December 31, 2004, the assessment shall not exceed an amount equal to 0.375 per cent of the total annual mandatory charge collected by each utility company pursuant to section 19 of chapter 25 in the case of electric companies, or 0.375 per cent of the efficiency budgets as approved by the department of telecommunications and energy or otherwise required by law in the case of gas companies, as applicable. Beginning January 1, 2005, the assessment shall not exceed an amount equal to 0.75 per cent of the total annual mandatory charge collected by each utility company pursuant to section 19 of chapter 25 in the case of electric companies, or 0.75 per cent of the efficiency budgets as approved by the department of telecommunications and energy or otherwise required by law in the case of gas companies, as applicable. Assessments made under this section shall be charged by the utility companies against the revenues so collected pursuant to section 19 of chapter 25 or as such revenues are approved by the department of telecommunications and energy or otherwise required by law, as applicable. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the division.

SECTION XX. Chapter 25A of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following new section:-

Section 13. (a) Notwithstanding the provisions of any general or special law to the contrary, the division may apply for, receive, retain, redeem, sell or transfer any energy conservation credits, renewable energy certificates or credits, emissions credits, or energy reduction allowances earned or received by the commonwealth including but not limited to allowances awarded through the public benefit set-aside provisions of the NOx Allowance Trading Program implemented by the department of environmental protection.

(b) There shall be established upon the books of the commonwealth a separate fund to be known as the Division of Energy Resources Credit Trust Fund. There shall be credited to said fund all amounts received through the redemption or sale of such certificates, credits and allowances specified in this section and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be available for expenditure, subject to appropriation, by the division of energy resources for activities of the division related to the development, oversight and implementation of programs for energy reliability, renewable energy, public procurement of energy and energy efficiency, and climate change. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year; provided however, that the fund shall not be in deficit at the end of any state fiscal year.

and further moves that the bill be amended in section 2 by inserting after item 700x-xxxx the following item:

“Division of Energy Resources

“7006-1001. Residential Conservation Services Program of the Divsion $197,715”

and further moves that the bill be amended in section 2 by inserting after item 7006-1001 the following item:

“7006-100x. – For energy efficiency related activities of the Division $400,000”

CLERK NUMBER: 1196

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

SECTION . Massachusetts Highway Department shall expend no funds for repairs for any new projects in District 5 until such time as the so called Fisher Street Bridge project in the City of Taunton is complete and open to the public for its use.

CLERK NUMBER: 1197

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 "$44,779,169”; and further moves that the bill be amended in section 2, in item 7010-0012, by adding the following: "provided further that not less than $1,000,000 be expended for education in the commonwealth”; and in said item, by striking the figures “$15,615,313” and inserting in place thereof the figures “$16,615,313”.

CLERK NUMBER: 1198

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 "$44,779,169”; and further moves that the bill be amended in section 2, in item 2000-0106, by adding the following: "provided further that not less than $1,000,000 be expended for environmental health in the commonwealth”; and in said item, by striking the figures “$3,578,258” and inserting in place thereof the figures “$4,578,258”.

CLERK NUMBER: 1199

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 "$44,779,169”; and further moves that the bill be amended in section 2, in item 4000-0300, by adding the following: "provided further that not less than $1,000,000 be expended for public health in the commonwealth”; and in said item, by striking the figures “$119,028,408” and inserting in place thereof the figures “$120,028,408”.

CLERK NUMBER: 1200

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 "$44,779,169”; and further moves that the bill be amended in section 2, in item 0321-1500, by adding the following: "provided further that not less than $1,000,000 be expended for legal services in the commonwealth”; and in said item, by striking the figures “$14,530,080” and inserting in place thereof the figures “$15,530,080”.