CLERK NUMBER: 1201

 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 5011-0100, by adding the following: "provided further that not less than $1,000,000 be expended for mental health in the commonwealth”; and in said item, by striking the figures “$31,812,159” and inserting in place thereof the figures “$32,812,159”.

CLERK NUMBER: 1202

Representative Costello Of Newburyport moves that the bill be amended in section 2, in item 0330-0300, in line 3, by inserting after “rental of county court facilities,” the following:

"provided further that not less than $100,000 shall be added to the sum previously appropriated by the central administration of the Trial Court for the purposes of leasing the court facility which currently houses Ipswich District Court."; and in said item by striking out the figures "$110,546,710" and inserting in place thereof the figures "$110,646,710".

CLERK NUMBER: 1203

Representatives Festa of Melrose, L'Italien of Andover, Linsky of Natick, Atkins of Concord, Verga of Gloucester, Wolf of Cambridge, Murphy of Burlington, Kaufman of Lexington, Grant of Beverly, Jehlen of Somerville, Walrath of Stow, Carron of Southbridge, Leary of Worcester, Donelan of Orange, Paulsen of Belmont, Sullivan of Fall River, Malia of Boston, Goguen of Fitchburg, Toomey of Cambridge, Marzilli of Arlington, Turkington of Falmouth, Spilka of Ashland, Smizik of Brookline, Hall of Westford, Gomes of Harwich, Canavan of Brockton, Reinstein of Revere, Eldridge of Acton, Fallon of Malden, Kulik of Worthington, Golden of Lowell, Khan of Newton, Story of Amherst, Atsalis of Barnstable, Rushing of Boston, Peisch of Wellesley, Donato of Medford, Rivera of Springfield, Balser of Newton, Demakis of Boston, Ciampa of Somerville, Hynes of Marshfield, Pignatelli of Lenox, Rush of Boston, Spiliotis of Peabody, Simmons of Leominster, Gobi of Spencer, Miceli of Wilmington, Knuuttila of Gardner, Teahan of Whitman, Patrick of Falmouth, Greene of Billerica, Petersen of Marblehead, Falzone of Saugus, Timilty of Milton, Lantigua of Lawrence, O’Brien of Kingston, Kaprielian of Watertown, Bosley of North Adams, Cabral of New Bedford, Torrisi of North Andover, Stanley of Waltham, Jones of North Reading, Peterson of Grafton, Blumer of Framingham move that the bill be amended in section 2, by striking out section 79 and inserting in place thereof the following section:

“SECTION 79. Chapter 118E is hereby amended in section 9 by adding at the end thereof the following:

Medicaid benefits under the waiver for home and community based services for the elderly under section 1915(c) of the Social Security Act (42 U.S.C. Sec. 139n(d)), also known as the section 2176 elder care waiver, shall be available to individuals whose income, excluding the income of a spouse, does not exceed three hundred percent of the federal benefit rate under the supplemental security income program, established pursuant to Title XVI, section 1611(b)(1) of the Social Security Act (42 U.S.C. Sec. 1382(b)(1)).  The asset test for the home and community based waiver shall be twenty thousand dollars.  Individuals eligible for admission to a long term care facility under this chapter, and residents of long term care facilities whose care is paid for under this chapter, shall be given a choice of receiving services in a home or community-based setting or in a nursing facility in order to secure care in the least restrictive setting appropriate to their needs.  An individual shall receive a long term care services plan based upon an assessment of his or her need for care conducted by an aging services access point, as defined in section 4B of chapter 19A.  A community-based services plan may have a dollar value up to the average monthly dollar amount paid for by the division for a long term care facility.  Expenditures for all individuals in the 2176 waiver shall not exceed in the aggregate what the division would have paid for said individuals in a nursing facility.  An individual aggrieved by the care plan or the dollar value of said care plan shall, upon request, be given reasonable notice and opportunity for a hearing, upon appeal to the division in accordance with section 47 of this chapter.  The division shall obtain any necessary waivers or agreements from the federal government before effectuating this expanded waiver program”.

CLERK NUMBER: 1204

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 by striking out item 0333-1313.

CLERK NUMBER: 1205

Mr. Golden of Boston, Mr. Fennell of Lynn, Mr. Walsh of Lynn  move to amend the bill in section 2 in item 7007-0515 by adding at the end thereof the following:—

provided further, that $99,000 shall be expended for a grant to the Russian Community Association of Massachusetts

and by adding $99,000 to the appropriation of said item 

CLERK NUMBER: 1206

Ms. Candaras of  Wilbraham moves that the bill be amended in section 2, in item 0332-3500 ,  by striking out the figures " $1,659,121" and inserting in place thereof the figures "$1,753,173".

CLERK NUMBER: 1207

Ms. Candaras of Wilbraham moves that the bill be amended in section 2, in item     0336-0200 ,  by striking out the figures "$634,134" and inserting in place thereof the figures "$734, 163".

CLERK NUMBER: 1208

Ms. Candaras  of  Wilbraham and Mr. Petrolati of Ludlow move that the bill be amended in section 2, in  item   5055 - 0000, in line 1, by inserting after " For forensic services provided by the department” the following: " , provided that not less than $ 760,500 be expended in fiscal year 2005 to provide one mental health counselor in each of the thirteen Houses of Corrections, provided that not les than  $1,950,000 be expended to operate a regional evaluation and stabilization unit in the Hampden and Middlesex County Houses of Correction” ; and in said item by striking out the figures “$5,871,879” and inserting in place thereof the figures “$8,582,379” ; and in item 8900-0001, by striking out the figures “$428,124,325” and inserting in place thereof the figures “$425,413,825”.

CLERK NUMBER: 1209

Ms. Candaras of Wilbraham  moves that the bill be amended in section 2, in item    7000-9506,  by striking out the figures "$341,811" and inserting in place thereof the figures "$ 641,811"; and in item    0411-1000  , by striking out the figures “$5,135,418 ” and inserting in place thereof the figures “$4,835,418”.

CLERK NUMBER: 1210

Ms. Candaras of Wilbraham, moves that the bill be amended in section 2, in item 8910-0102, by striking out the figures "$53,146,689" and inserting in place thereof the figures "$53,246,688".

CLERK NUMBER: 1211

Ms. Candaras of Wilbraham moves that the bill be amended by adding at the end thereof the following section:

"SECTION

There shall be a special commission relative to eliminating cervical cancer from the Commonwealth of Massachusetts .  This commission is to consist of seventeen members to be appointed as follows; (5) five members to be appointed by the Speaker of the House, at least one of whom shall also be a member of the Massachusetts Caucus of Women Legislators, five members to be appointed by the President of the Senate, at least one of whom shall also be a member of the Massachusetts Caucus of Women Legislators, and the Governor will appoint seven members including at least one member of the American Cancer Society, at least one representative of a women’s health organization, at least one member of the Health Insurance Industry, at least one member of the American College of Obstetrics and Gynecology, the State Epidemiologist, and two members at large, is hereby established for the purpose of making an investigation and study on eliminating cervical cancer in the Commonwealth of Massachusetts.  Chair of said commission shall be appointed by the Speaker of the House and shall be a member of the Massachusetts Caucus of Women Legislators, the Vice-Chair of said commission shall be the Chair for the Health Care Committee. 

Said commission shall have the following duties: To undertake a statistical and qualitative examination of the prevalence and burden of cervical cancer.

(1)        To raise public awareness on the causes and capture of cervical cancer, personal risk factors, value of prevention, early detection, option for testing, treatment costs, new technology, medical care reimbursement, and physician education.

(2)        To identify priority strategies, new technologies, or newly introduced vaccines which are effective in preventing and controlling the risk of cervical cancer.

(3)        To identify and examine the limitations of existing laws, regulations, programs, and services with regard to coverage and awareness issues for cervical cancer.

(4)        To receive and to consider reports and testimony from individuals, local health departments, community-based organizations, voluntary health organizations, and other public and private organizations statewide to learn more about their contributions to cervical cancer diagnosis, prevention, and treatment and more about their ideas for improving cervical cancer prevention diagnosis, and treatment in the Commonwealth of Massachusetts.

Said commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts, of legislation necessary to carry said recommendations into effect, by filing the same with the clerk of the House of Representatives on or before the fourth anniversary of the special commission’s establishment; provided further that not less than $99,999 shall be expended for the operation of the commission.

CLERK NUMBER: 1212

Ms. Candaras of Wilbraham moves that the bill be amended in section 2, in item 0332 - 3200, by striking out the figures "$378,616" and inserting in place thereof the figures "404,816".

CLERK NUMBER: 1213

Ms. Candaras of Wilbraham moves that the bill be amended in section 2, in item 0332-3300, by striking out the figures "$ 426,162" and inserting in place thereof the figures "$455,652".

CLERK NUMBER: 1214

Ms. Candaras of   Wilbraham moves that the bill be amended in section 2, in item 0332-3400, by striking out the figures "$293,203" and inserting in place thereof the figures "$313, 492".

CLERK NUMBER: 1215

Ms. Candaras of Wilbraham moves that the bill be amended in section 2, in item 0332-3300, by striking out the figures "$ 426,162" and inserting in place thereof the figures "$455,652".

CLERK NUMBER: 1216

Ms. Candaras of  Wilbraham  moves that the bill be amended in section 2, in item 0332-3500 ,  by striking out the figures " $1,659,121" and inserting in place thereof the figures "$1,753,173".

CLERK NUMBER: 1217

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

SECTION      . There is hereby established on the books of the Commonwealth a separate fund known as the Spinal Cord Injury Trust Fund. Said trust fund shall consist of monies paid to the Commonwealth on fines assessed against any person convicted or found responsible of a violation of the provisions of sections 17, 20, and 24 of Chapter 90. Said fine or surcharge shall be not less than $50 dollars. 100 percent of those monies collected pursuant to said surcharge shall be transferred by the appropriate agency to the State Treasurer for deposit into the Spinal Cord Injury Trust Fund.

SECTION  . The State Treasurer, Ex Officio, shall be the custodian of said trust fund and shall receive, deposit, and invest all monies transmitted to him under the provisions of this section and shall credit interest and earnings on the trust fund to said trust fund. Funds collected pursuant to said sections shall be appropriated for the purpose of medical cure research services for spinal cord injured persons in such a manner as the Commissioner of Public Health may direct. Funds collected shall be appropriated by means of a revenue retention account, as defined in Section 1 of Chapter 29, for the above stated purposes in such a manner as the Commissioner of Public Health may direct.

SECTION     . The Commissioner of Public Health shall appoint an advisory board, consisting of two physicians and one member of the spinal cord community for the purpose of reviewing proposals for funding research in spinal cord injury.

SECTION   . The Commissioner of Public Health will set up a Spinal Cord Registry of those persons living in Massachusetts with spinal cord injury and the amount of public funds spent in total for their care and rehabilitation.

CLERK NUMBER: 1218

Mr. Swan of Springfield move that the bill be amended in section 2, in item 8900-0001, by adding at the end thereof the following:

“provided further that the amount of $75,000 shall be expended for the 5-A so-called program in Springfield ”.

CLERK NUMBER: 1219

Mr. Swan of Springfield move that the bill be amended in section 2, in item 8900-0001, by adding at the end thereof the following:

“provided further that the amount of $75,000 shall be expended for the 5-A so-called program in Springfield ”.

CLERK NUMBER: 1220

Representative Gale Candaras of Wilbraham move that the bill be amended in Section

77, in line forty eight, by inserting after the words, “emergent situations” the following:

“Not less than $4,000,000 of available funds, from said Fund for payment to statewide

providers within the service area  of the  Sisters of  Providence Health System,

Behavioral Health Network .”

CLERK NUMBER: 1221

Mr. Fresolo of Worcester, Mr.DeLeo of Winthrop, Ms. Reinstein of Revere, Mr. Donato of Medford and Mr. Hillman of Sturbridge move that the bill be amended by inserting after section 29A the following section:

SECTION 29A: Chapter 64C of the of the Massachusetts General Laws is hereby amended by inserting after section 7C, as appearing in the 2002 Official Edition, the following section:

Section 7D. An excise of $5 shall be assessed on each single package of paper cigarette wrappers sold within the Commonwealth.

CLERK NUMBER: 1222

Mr. Fresolo of Worcester, Mr. Binienda of Worcester, Mr. Toomey of Cambridge, Mr. Pedone of Worcester, Ms. L’Italien of Andover and Ms. Spiliotis of Peabody move that the bill be amended by inserting after section 24A the following section:

SECTION 24A: Chapter 30 of the of the Massachusetts General Laws is hereby amended by inserting after section 9I, as appearing in the 2002 Official Edition, the following section:

Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniority, collective bargaining, civil service or other rights enjoyed at the time of the transfer.