Ms. Jehlen of Somerville, Ms. Spilka of Ashland, Ms. L’Italien of Andover, Ms. Peisch of Wellesley, Mr. Sullivan of Fall River, Mr. Marzilli of Arlington, Ms. Walrath of Stowe, Ms. Paulsen of Belmont, Mr. Rushing of Boston, Mr. Smizik of Brookline, Ms. Story of Amherst move that the bill be amended in section 2, in item 7061-9010, by adding at the end thereof the following:
"; provided that in determining Net School spending for the purposes of calculating the charter school tuition rate, Retired Teacher Benefits shall not be included”.

CLERK NUMBER: 252

Ms. Jehlen of Somerville, Mr. Costello of Newburyport, Ms. Paulsen of Belmont, Mr. Rushing of Boston, Mr. Festa of Melrose, Mr. Smizik of Brookline, Ms. Story of Amherst, Ms. Balser of Newton move that the bill be amended by adding at the end thereof the following section:
The first paragraph of section thirty-four of chapter ninety-four C of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking the fourth and fifth sentences thereof and inserting the following: -
Any person who violates this section by possession of less than an ounce of marihuana shall pay a civil assessment of one hundred dollars. Any person who violates this section by possession of an ounce or more of marijuana or a controlled substance in Class E of section thirty-one shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both. Except for an offense involving less than an ounce of marihuana or a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both.
SECTION 2. Section thirty-four of chapter ninety-four C of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the last paragraph thereof the following: -
A violation of this section by possession of marihuana shall, the first clause of section seventy C of chapter two hundred and seventy-seven notwithstanding, be treated as a civil infraction and disposed of in accordance with the provisions of section seventy C of chapter two hundred and seventy-seven. An adjudication of responsibility shall neither be used as the basis for denial or revocation of any license granted by the Commonwealth of Massachusetts, nor be deemed a conviction for purposes of any disqualification or for any other purpose. A police officer who observes the occurrence of the civil infraction of possessing marihuana shall cite the violator for the civil infraction. If the violator is under the age of seventeen the citation shall be delivered to one of the parents or the legal guardian of said person, or to the clerk of the district court having jurisdiction. The citation shall be in the form provided for by General Laws chapter 90C, section 1. The procedures as set forth in the fifth paragraph of section 2 of chapter 90C for the delivery of a citation alleging one or more criminal automobile law violations to the clerk-magistrate of the district court where the violation occurred shall be followed. Except as provided herein the provision for the processing of citations set forth in chapter ninety C, sections 3(B)(2) and 3(C) shall apply.
No person cited only for the civil infraction of possessing less than an ounce of marihuana shall be required to report to any probation officer, and no record of the case shall be entered in any probation records. Unless additional criminal offenses are set forth on the citation the violator may confess the civil violation of possessing less than an ounce of marihuana either personally or through a duly authorized agent or by mailing to the clerk of the district court having jurisdiction thereof the sum assessed either with the citation instead of requesting a hearing. The receipt by the district court clerk of such payment shall operate as a final disposition of the case. Any person cited to appear before the clerk of a district court who fails to pay the civil assessment provided hereunder within the time specified or, having requested a hearing fails to appear, or who after a hearing and finding as provided herein fails to pay the civil assessment or perform community service within thirty days, shall not have the matter treated as a civil violation as provided in this paragraph and shall be punished as if originally complained of for possessing an ounce or more of marihuana.
SECTION 3. Section forty-one of chapter ninety-four C of the General Laws as appearing in the 1998 Official Edition, is hereby amended by adding at the end of clause (a) the following: - , except for violation of the provisions of section thirty-four involving less than an ounce of marihuana by a person seventeen years of age or older;.
SECTION 4. Section forty-one of chapter ninety-four C of the General Laws as appearing in the 1998 Official Edition, is hereby further amended by inserting in clause (c) after the words, "thirty-four" the following: - ,except for violation involving less than an ounce of marihuana by a person seventeen years of age or older.

CLERK NUMBER: 253

Ms. Harkins Of Needham move that the bill be amended in section 2, in item 5920-2020, by striking out the figures “58,000,000” and inserting in place thereof the figures “70,000,000”; and in item 8000-0040, by striking out the figures “46,087,247” and inserting in place thereof the figures “34,087,247”.

CLERK NUMBER: 254

Ms. Harkins Of Needham move that the bill be amended in section 2, in item 7030-1003, in line 31, by inserting after “through said grant program” the following:

"provided further, that not more than $50,000 shall be made available to Edvocacy of Concord, MA, to fund a school based pilot program designed to enhance the detection, evaluation and tracking of Dyslexia in students grades K through 3; and provided further, that the results of said pilot shall be reported to the Commissioner of Education by no later than December 31st, 2005."

CLERK NUMBER: 255

Ms. Harkins of Needham and Mr. Toomey of Cambridge move that the bill be amended by adding at the end thereof the following section:

Section 26G of chapter 148 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the first paragraph, as so appearing, in its entirety, and inserting in place thereof the following new paragraph:—
Every building or structure, including any additions or major alterations thereto, which total, in the aggregate, more than seventy-five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code. No such sprinkler system shall be required unless sufficient water and water pressure exists. For the purposes of this section, the gross square feet of a building or structure shall include the sum total of the combined floor areas for all floor levels, basements, sub-basements and additions, in the aggregate, measured from the outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. This section shall not apply to buildings used for agricultural purposes as defined in section A of Chapter one hundred and twenty-eight.
The second paragraph of said section 26G of said chapter 148, as so appearing, is hereby further amended by striking out, in lines 16 and 17, in two places, the words “or additions” and inserting in place thereof the words:— or structures.
The second paragraph of said section 26G of said chapter 148, as so appearing, is further amended by striking out the third sentence in its entirety.
This act shall apply to construction of buildings, structures or additions or major modifications thereto which total in the aggregate more than seventy-five hundred gross square feet approved by permit after July 1, 2002.

CLERK NUMBER: 256

Mr. Kocot of Northampton, Mr. Scibak of South Hadley, Mr. Kulik of Worthington and Ms. Story of Amherst, move that the bill be amended in section 2, in item 8900-0001, by striking out the figures “428,124,325” and inserting in place thereof the figures “427,874,324”; and in item 8910-0110 in line 1, by inserting after “house of correction” the following: “, modular units ”, and by striking out the figures “10,180,467” and inserting in place thereof the figures “10,430,467”.

CLERK NUMBER: 257

Mr. Donato Of Medford And Mr. Ayers Of Quincy move that the bill be amended in section 2, in item 4120-3000, by striking out the figure $7,479,046” and inserting in place thereof the figure $7,579,045”.

CLERK NUMBER: 258

Mr. Golden of Lowell, Mr. Murphy of Lowell and Mr. Nangle of Lowell move to amend H.4646 in section 2 in item 4800-0038 by adding at the end thereof the following words:

- ;provided further, that not less than $200,000 shall be expended to support the family center component of the Greater Lowell Family Resource Center

“; and in Section 2 in item 1100-1100 by striking out the figure “$3,297,608” and inserting in place thereof the following figure: “$3,097,608”
CLERK NUMBER: 259

Mr. Golden of Lowell, Mr. Murphy of Lowell and Mr. Nangle of Lowell move to amend H.4646 in section 2 in item 4530-9000 by adding at the end thereof the following word:-

Lowell
CLERK NUMBER: 260

Mr. Travis of Rehoboth moves to amend the bill by inserting at the end thereof the following section:-

Section ___. There shall be a special commission to investigate, study, and make a report on the safety and security of deposits made by public entities, including the commonwealth, cities, towns, counties, districts and regional school districts, said funds being deposited in any form whatsoever in any public depository or in a combined investment fund. The report shall assess the necessity of providing further security for said public deposits and include recommendations to establish reasonable standards for protecting public deposits. The commission shall consist of 11 members; the house and senate chairs of the joint committee on banks and banking who shall serve as co-chairpersons; the state treasurer or his designee, the state auditor or his designee; the state banking commissioner or his designee; 2 representatives of the Massachusetts Collectors & Treasurers Association, 2 representatives of the Massachusetts Bankers Association; a representative of the Massachusetts Municipal Association; a representative of Massachusetts Credit Union League. The commission shall file its report, including its recommendations and a draft of any legislation necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and the senate not later than December 1, 2004.

CLERK NUMBER: 261

Representatives Smizik of Brookline, Verga of Gloucester, Sanchez of Boston, Rushing of Boston, Rush of Boston and Eldridge of Acton move that the bill be amended in section 2, in item 0330-0410, in line 2, by inserting after “that not less than $40,000 shall be expended for the North Shore Community Mediation Program in Salem” the following: “that not less than $65,000 shall be expended for Metropolitan Mediation Services to proivde the necessary funds to offer conflict resolution and judical training services to 8 District Courts, 3 Juvenile Courts and 6 Boston High Schools in the greater Boston/Brookline area”; and in said item by striking out the figures “$600,000” and inserting in place thereof the figures “665,000”.

CLERK NUMBER: 262

Representatives Smizik of Brookline, Verga of Gloucester, Blumer of Framingham, Paulsen of Belmont, Jehlen of Somerville, Carron of Southbridge, Malia of Boston, Rushing of Boston, Rush of Boston, Marzilli of Arlington and Eldridge of Acton move that the bill be amended by adding at the end thereof the following section:

“The commissioner of the Department of Agricultural Resources, in cooperation with the University of Massachusetts, shall establish an agricultural biotechnology task force for the purpose of studying the following:

a) Definition and categorization of food biotechnology and agro-pharmaceutical biotechnology production processes.

b) Potential impacts to the Commonwealth’s human health, agriculture, economy and environment accruing from food and agro-pharmaceutical biotechnology, including but not limited to the potential contamination of the food supply with genetically modified agro-pharmaceutical crops not approved for human consumption, the contamination of conventional and organic crops from pollen drift, the development of insect and weed resistance to pesticides; injury or death of non-target species; and allergenicity, toxicity or decreased nutritional value of genetically modified crops.

c) Scientific literature on the subject and characterization of food and agro-pharmaceutical biotechnology information resources readily available to consumers.

d) Existing federal and state evaluation and oversight procedures related to food and pharmaceutical biotechnology.

e) Definitions: Agro-Pharmaceutical Crops shall mean genetically modified crop designed to produce biological or drug products including intermediates, protein drugs, medical devices, new animal drugs and veterinary biologics as regulated by the Food and Drug Administration or the United States Department of Agriculture.

The task force shall be comprised of; the commissioner of the Department of Agricultural Resources, or his designee, who shall act as chairman; the Director of the University of Massachusetts Field Extension Service; one person representing the public at large; and a representative from each of the following groups or associations jointly appointed by the Department of Agriculture and the University of Massachusetts; organic farmers, non-organic farmers, environmental organizations, public health officials, consumer protection organizations, the biotechnology food industry, the biotechnology pharmaceutical industry, the retail food industry and the retail organic food industry, and any other persons as jointly appointed by the Department of Agricultural Resources and the University of Massachusetts.

The task force shall convene a minimum of two public hearings for the purpose of providing an opportunity for public testimony and comments. These hearings shall be held in easily accessible locations in eastern and western Massachusetts. The task force shall notify the public of these hearings in compliance with M.G.L. chapter 30A.

The task force shall report its studies, findings, and recommendations, including any need for further investigation or regulation of agricultural biotechnology, to the governor and the clerks of the House and Senate no later than December 31, 2005.

Until the task force submits its report and regulations are in place, the Commissioner of the Department of Agriculture shall set forth provisional regulations designed to protect Massachusetts agriculture from contamination by genetically altered pharmaceutical crops by prohibiting any planting or growing of agro-pharmaceutical crops in open-air fields or test plots within the Commonwealth of Massachusetts.”

CLERK NUMBER: 263

Mrs. Haddad of Somerset, Mr. Correia or Fall River, Mr. Rodrigues of Westport, Mr. Quinn of Dartmouth move that the bill be amended in section 2, in item 4120-4000, by striking out the figures “$ 7,270,512” and inserting in place thereof the figures “$ 7,520,512. and $200,000 of which shall be for the Center for Rehabilitation Engineering at the University of Massachusetts/Dartmouth”
and in item 1201-0100 by striking out the figures “$ 107,470,805” and inserting in place thereof the figures $ 107, 220,805

CLERK NUMBER: 264

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 adding at the end thereof the following sections: —
“SECTION ___. Section 17 of chapter 272 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “consanguinity”, in line 1, the following words:— , affinity or adoption.
SECTION ___. Section ___ of this act shall take effect immediately upon its passage.”
CLERK NUMBER: 265

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 adding at the end thereof the following sections:--
SECTION . Section 121 of chapter 140 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the words “section 921(a)(30)” in line 11 the words “as appearing in such act on September 13, 1994”
SECTION . Section 121 of chapter 140 is hereby further amended by inserting after the words “section 922” in line 21 the words “as appearing in such act on September 13, 1994”
SECTION . Section 121 of Chapter 140 is hereby further amended by inserting after the words “section 921(a)(31)” in line 58 the words “as appearing in such act on September 13, 1994”
Section . Section 129B of chapter 140 of the General Laws, as appearing in the 2000 Official Edition is hereby amended by adding the following paragraph: - (16) Notwithstanding paragraph (1), no person who possessed a valid firearm identification card as of October 1998 shall be denied a renewal thereof for any violation of law that occurred prior to October 1998.
SECTION . Section 131 of said chapter 140, as amended by section 22 of chapter 196 of the acts of 2002, is hereby further amended by adding the following paragraph: - (s) Notwithstanding paragraph (d), no person who possessed a valid Class A or Class B license to carry firearms or an equivalent license as of October 1998 shall be denied a renewal thereof for any violation of law that occurred prior to 1998.
SECTION . The first paragraph of paragraph (i) of section 131 of chapter 140 of the General Laws, as amended by section 41 of chapter 180 of the Acts of 1998, is hereby further amended by adding the following sentence:- For the purposes of the provisions of section 10 of chapter 269, an expired license to carry firearms shall be deemed to be valid for a period not to exceed 90 days beyond the date of expiration, except that this provision shall not apply to any such license to carry firearms which has been revoked or relative to which a revocation is pending.
SECTION . Said section 129B of said chapter 140, as so appearing, is hereby further amended by inserting after the word “issue”, in line 171, the following words:- provided, however, such card shall remain valid for a period of 90 days after the state expiration date on the card unless the renewal was denied.
SECTION . Said section 129B of said chapter 140, as so appearing, is hereby further amended by inserting after the word “expired”, in line 203 and 217, in each instance, the following words:- meaning after 90 days the state expiration date on the card.
SECTION . Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “issue, in lines 228, the following words:-; provided, however, such license shall remain valid for a period of 90 days after the stated expiration date on the license unless the renewal was denied.
SECTION . Said section 131 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “expired”, in lines 277 and 290, in each instance, the following words:-, meaning after 90 days the stated expiration date on the license.

CLERK NUMBER: 266

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 adding at the end thereof the following sections:
SECTION . Section 121 of chapter 140 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the definition of “ammunition” and inserting in place thereof the following definition:- “Ammunition” cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun.
Section . Section 129B of chapter 140 of the General Laws, as appearing in the 2000 Official Edition is hereby amended by striking out in lines 141 through 143 the sentence, “A firearm identification card shall be valid for the purpose of purchasing and possessing chemical mace, pepper spray or other similar propelled liquid, gas or powder designed to temporarily incapacitate.”
Section . Section 129B of chapter 140 of the General Laws, as appearing in the 2000 Official Edition is hereby amended by striking out in lines 152 through 156 the sentence, “If a firearm identification card is issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, such card shall clearly state that such card is valid for such limited purpose only.
Section . Section 129B of chapter 140 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out in lines 187 through 191 the clause, “; provided, however, that any renewal application for a firearm identification card issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be subject to such application fee.”
Section . Section 131 of chapter 140 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out in lines 94 through 96 the clause, “, and for purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate.”
Section . Section 131P of chapter 140 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out in lines 12 through 17, “; and provided further, that an applicant for a firearms identification card for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be required to complete a basic firearms safety course as a prerequisite for receiving such card.”
CLERK NUMBER: 267

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 33, in the last sentence, by striking out the word “formerly” and inserting in place thereof the following: formally
CLERK NUMBER: 268

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 adding at the end thereof the following sections: —

“SECTION ___. Section 167 of chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding to the end of the definition of “criminal offender record information” the following sentence:-- Notwithstanding the foregoing provisions, conviction information as well as custody status records, including information as to placement within the correctional system, shall be a public record available to the public for any purpose, to be accessible on the internet in accordance with section 182 of this chapter; provided, that (a) conviction information shall also be available by writing to the board, (b) no information shall be disclosed that identifies families members, friends, medical or psychological history, or any other personal information unless such information is directly relevant to such release or custody placement decision, and (c) no information shall be provided if its release would violate any other state or federal law.

SECTION ___. Said section 167 of said chapter 6, as so appearing is hereby further amended by adding the following new definition: “Conviction information”, criminal offender record information, which has not been sealed or purged, and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of any criminal offense, and the information as to the individual’s current status within the criminal justice system, including, but not limited to, information as to whether the individual has been released from custody due to service of sentence, parole or probation, or if incarcerated, the individual’s placement within the correctional system. Cases ending in the disposition of continued without a finding shall not be considered a conviction.

SECTION ___. Section 168 of said chapter 6, as so appearing, is amended by inserting after the fourth paragraph the following paragraph:--
The board shall establish and maintain a criminal offender database, so-called, that shall be accessible to the public on the internet. Said database shall consist of conviction information and be searchable, at a minimum, by name, town and offense. The database shall also consist of information as to whether the offender is currently released from custody, on parole or probation, or if the offender is incarcerated, his or her placement within the correctional system.

SECTION ___. Section 168A of said chapter 6, as so appearing, is hereby amended by striking the second paragraph in its entirety.

SECTION ___. Section 172 of said chapter 6, as so appearing, is hereby amended by inserting after the word “information”, in line 3, the following words:-- with the exception of conviction information, which shall be a public record,.

SECTION ___. Said section 172 of said chapter 6, as so appearing, is hereby further amended by inserting after the word “information”, in line 57, the following words:-- with the exception of conviction information, which shall be a public record,.

SECTION ___. Said section 172 of said chapter 6, as so appearing, is hereby further amended by striking the seventh paragraph, contained in lines 97 through 112, inclusive, in its entirety and inserting in place thereof the following paragraphs:--
Notwithstanding the foregoing provisions, conviction information shall be public record to be accessible to the general public on the internet, in accordance with section 168 of this chapter; provided, that (a) conviction information shall also be available by writing to the board, (b) no information shall be disclosed that identifies families members, friends, medical or psychological history, or any other personal information unless such information is directly relevant to such release or custody placement decision, and (c) no information shall be provided if its release would violate any other state or federal law.
The parole board, except as required by section 130 of chapter 127, the department of correction, a county correctional authority, or probation department with the approval of a justice to the appropriate division of the trial court, may, in its discretion, make available a summary, which may include references to evaluative information, concerning a decision to release an individual on a permanent or temporary basis, to deny such release, or to change his custody status.

SECTION ___. Section 173 of said chapter 6, as so appearing, is hereby amended by adding the following words after the word “information” in line 2:-- with the exception of conviction information, which shall be a public record,.

SECTION ___. Said section 173 of said chapter 6, as so appearing, is hereby further amended by striking the words “shall require preservation of the anonymity of the individuals to whom such information relates” in lines 3 to 4.
SECTION ___. Said section 173 of said chapter 6, as so appearing, is hereby further amended by adding the following words after the word “information” in line 12:-- with the exception of conviction information, which shall be a public record,.”
CLERK NUMBER: 269

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 adding the following section: —

“SECTION ___. There is hereby established a special commission to study the rules, regulations, operations and laws relating to the system of automobile insurance in the Commonwealth.
The commission shall consist of 13 members. The commission shall consist of the following: three members of the house of representatives, to be appointed by the speaker of the house, one of whom shall be the chairperson of the joint committee on insurance who shall serve as the co-chair of the commission; one member of the house of representatives, to be appointed by the house minority leader; three members of the senate to be appointed by the senate president, one of whom shall be the chairperson of the joint committee on insurance who shall serve as the co-chair of the commission; one member of the senate to be appointed by the senate minority leader; the commissioner of insurance, or designee; the attorney general, or designee; a member of the Commonwealth Automobile Insurers, so called; a member from the Massachusetts Association of Insurance Agents, so called; and a member from the Automobile Insurers Bureau, so called.
The commission shall study the equality and efficiency of the present system of automobile insurance in the commonwealth. Said study shall include, but not be limited to, the following issues: (i) the feasibility of moving the commonwealth from the present automobile insurance system to a competitive system; (ii) the efficiency of the existing Safe Driver Insurance Plan, including, but not limited to, the six-year experience period, so called; the minor at-fault accident threshold, so called; the clean slate rule, so called; and antiquated traffic law violations.
The commission shall submit the results of said study, along with drafts of legislation and a plan for the implementation of any recommendations to the house and senate committees on ways and means, the clerk of the house, the clerk of the senate, and the joint committee on insurance not later than October 31, 2003.
CLERK NUMBER: 270

Rep. George Of Yarmouth moves that the bill be amended by adding the following paragraph
That the Massachusetts Property Insurance Underwriting Association aka The Fair Plan budget be supplemented through F/Y 2010 by a surcharge of Three Dollars ($3.00) on every HO3 and DF1 or 3 policy issued in the Commonwealth of Massachusetts during that period. Said surcharge to be for the express purpose of creating and operating an insurance Fair Plan to provide policies solely for coverage of windstorm insurance. The establishment and administration of this program is to be under the direction of the Office of the Commissioner of Insurance within the current framework of said office.

CLERK NUMBER: 271

Rep. George Of Yarmouth moves that the bill be amended by adding the following paragraph
That two new clerk positions each with a pay scale of less that $39,000 be created at the office of the Massachusetts Property Insurance Underwriting Association aka The Fair Plan

CLERK NUMBER: 272

Representatives Smizik of Brookline, Koutoujian of Waltham, Scibak of South Hadley, Patrick of Falmouth, Verga of Gloucester, Toomey of Cambridge, Grant of Beverly, L’Italien of Andover, Hall of Westford, Story of Amherst, Blumer of Framingham, Paulsen of Belmont, Jehlen of Somerville, Rushing of Boston, Rush of Boston, Marzilli of Arlington, Teahan of Whitman and Eldridge of Acton move that bill be amended by adding at the end thereof the following section:

“Section______ Chapter 111 of the General Laws is hereby amended following section 5R by inserting the following section:
Section 5S. (a) Title. This section shall be referred to as “The Healthy Cleaning Products Act”
(b) Purpose. The purpose of this section is to reduce asthma and other health threats from emissions of toxic chemicals from cleaning products used in schools, hospitals and other health care facilities, day care centers, public buildings, and public housing.
(c) Definitions. For the purposes of this section the following words shall have the following meanings:
“Cleaning product”, a product intended for use for routine cleaning of schools, hospitals and other health care facilities, day care centers, and public housing, including general purpose cleaners, bathroom cleaners, glass cleaners, carpet cleaners, disinfectants, floor care products, and hand soaps.
“Commissioner”, the commissioner of the department of public health.
“Day care center”, any public or private facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center or preschool, or known under any other name, which receives children not of common parentage who are not more than six years of age, or who are not more than 21 years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Day care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; periodic religious instruction classes conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation.
“Environmentally preferable purchasing criteria,” means products which are not toxic to humans, and that do not contain any ingredients which are carcinogens or which are known to cause reproductive toxicity, is not corrosive to the skin or eyes, is not a sensitizer, is not combustible, does not contribute to the production of photochemical smog, tropospheric ozone, or poor indoor air quality, is not toxic to aquatic life, does not contain more than 0.5% by weight of total phosphorus, and which does exhibit biodegradability.
“Health care facility”, a health care facility as defined in section nine C of chapter one hundred and twelve.
“Healthy cleaning product”, a cleaning product which is listed on the Healthy Cleaning Product List established by the Department pursuant to this section.
“Hospital”, any hospital licensed under section fifty-one of chapter one hundred and eleven, the teaching hospital of the University of Massachusetts Medical School and any psychiatric facility licensed under section nineteen of chapter nineteen.
“Public building” means any building owned, occupied, or used by any public entity including but not limited to the commonwealth and any county, city, town, or school district.
“Public housing”, any federal, state or municipally subsidized housing or housing project.
“School”, any educational institution including but not limited to any public or private elementary, middle, high school, junior college, college, university, school of medicine, or law school.
(d) Product Restrictions. No cleaning product may be used in any school, hospital, health care facility, day care center, public building, or common areas of public housing in Massachusetts unless said cleaning product is contained on the list of healthy cleaning products established by the commissioner pursuant to this section.
(e) Healthy Cleaning Products List. No later than January 1 each year the commissioner shall prepare and release to the public the healthy cleaning products list. Said list shall include only those cleaning products that:
(1) are determined to be an environmentally preferable product by the Massachusetts Operational Services Division pursuant to the environmentally preferable purchasing criteria; and
(2) do not contain ingredients that the commissioner has determined as asthma-causing agents (asthmagens);
(3) provided however that the commissioner shall establish, in consultation with representatives of hospital administration and staff, a separate list of the safest alternative disinfectants which are applicable only for use in areas of hospitals which require the application of special disinfectants for medical reasons.
The commissioner shall annually review the healthy cleaning products list and make changes as necessary to ensure that the safest cleaning products are on the list.
(f) Training and Field Testing.
(1) The commissioner shall establish a program to require the training of all cleaning personnel in the use and disposal of the products on the healthy cleaning products list in the field, at day care centers, schools, hospitals, health care facilities, public buildings, and public housing with the cooperation of the cleaning personnel who actually use and dispose the products in the course of their employment.
(2) For purposes of developing the training program and confirming the safety and effectiveness of products utilized under this program, the Commissioner shall also convene teams of janitorial staff for schools, day care, hospitals, public housing, and all other state buildings, supported by technical experts, property management, representatives of relevant trade unions and other building occupants. Such teams will field test healthy cleaning products and proposed training guidelines and assist the Commissioner in confirming the safety and effectiveness of cleaning products authorized under paragraph (e).
Based on the results of these teams, the Commissioner will develop training guidelines for each of the four settings and develop a plan for implementation that ensures training for all janitorial staff.
(g) Grant Program. The commissioner shall establish a grant program to train cleaning personnel in the use of healthy cleaning products and to compensate the participating cleaning personnel for their participation in the testing program.
(h) Notification Requirement. Manufacturers of cleaning products distributed, sold or offered for sale in the commonwealth shall furnish to the commissioner for public record such information regarding such products as the commissioner may require, in such form as prescribed by the commissioner. For each cleaning product, such information shall include but shall not be limited to:
(1) a list naming each ingredient which equals or exceeds five percent of the contents of the product by weight which includes specifying the content by weight of each ingredient to the nearest percent;
(2 ) a list naming each ingredient which does not equal or exceed five percent of the contents of the product by weight; provided, however, that ingredients which are present in trace quantities need not be included on such list unless the commissioner specifically requires the listing of one or more of such ingredients by weight to the nearest percent; and
(3) the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health and the environment of such product or such ingredients. Ingredients shall be listed using the generic chemical name that conforms with generally accepted rules of chemical nomenclature.
Such manufacturers shall furnish such information at such times as may be required by the commissioner. Such information shall be available to the public at the offices of the commissioner with the exception of portions which the manufacturer determines, subject to the approval of the commissioner, would be, if disclosed, seriously prejudicial to the manufacturer's legitimate interest in trade secrets and economics of operation.
(i) Accommodation of Chemically Sensitive Individuals. An individual who attends or works in a building regulated by this section who experiences adverse health effects from allergic or hypersensitivity reaction from exposure to the cleaning products in use pursuant to this section may request, and the facility may utilize, other suitable materials as determined by the individual and provided by the facility. The request shall be placed in writing and a copy shall be sent to the Commissioner.
(j) Reasonable Fee. The commissioner shall require manufacturers of cleaning products to pay a reasonable fee to cover the costs for the department to collect and review the requested information, to develop and maintain the healthy cleaning products list, to conduct the field testing program, and to fund the grant program to train cleaning personal in the use of healthy cleaning products as provided for in sub-section (g).
(k) Penalties. Any facility manager or owner who uses a cleaning product in violation of this act shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars. Any person who sells, or distributes a cleaning product in violation of this act shall be punished by a fine of not less than one thousand dollars and not more than twenty-five thousand dollars for each twenty-four hour period during which such violation occurs. The department of public health may seize any cleaning product held for sale or distribution in violation of this section. The seized cleansing agents shall be forfeited.”

CLERK NUMBER: 273

Mr. Atsalis Of Hyannis move that the bill be amended in section 7L, by adding the section: Notwithstanding any general or special law to the contrary, the division of health care finance and policy shall set the maximum trip fee for chair car services for not less than $30.00, each way, plus mileage.

CLERK NUMBER: 274

Mr. Atsalis Of Hyannis moves 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 $75,000 be expended for a technology training program operated by the Cape Cod Technology Council”.

CLERK NUMBER: 275

Mr. Atsalis Of Hyannis moves that the bill be amended in section 2 by inserting after item 7504-0101 the following item:
“7504-0102. For Cape Cod Community College, provided that the funds be expended for a feasibility study for on-campus housing... $35,000”.

CLERK NUMBER: 276

Mr. Atsalis Of Hyannis moves that the bill be amended in section 2, in item 1599-1971 by striking out the figures “$20,000,000” and inserting in place thereof the figures “$7,500,000”; and insert after item 7061-0008 the following item:
7061-0011 For a reserve to (1) meet unanticipated or extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of section three of this act; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to the provisions of section 3 of this act; provided further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; (2) meet expenses associated with extraordinary increases in enrollment calculated on a percentage basis for such municipalities; (3) to address the effects of reductions in required net school spending in districts; provided further, that preference in the awarding of such funds shall be given to districts which receive twenty percent reductions in fiscal year 2004 Chapter 70 school aid, as defined in section 3, compared to fiscal year 2003 chapter 70 aid, and which, as a result of said reduction, will see a reduction in fiscal year 2004 net school spending; provided further, that the department shall also give preference to districts in which state aid per pupil is low compared to similar municipalities or districts; (4) to assist regional school districts in offsetting unanticipated funding losses resulting from a member municipality's extraordinary increase or decrease in its minimum required local contribution; provided further, that priority shall be granted to member municipalities of regional, and vocation regional school districts; provided further, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall only be available on a one time non-recurring basis; and provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the minimum required local contribution for fiscal year; and provided further that Barnstable schools shall receive no less than $1,440,000 and that Dennis-Yarmouth schools shall receive no less than $560,000 for fiscal year 2005. .............................................................................................................................$12,500,000

Mr. Atsalis Of Hyannis moves that the bill be amended in section 2, in item 4120-6000, by adding at the end thereof the following:

“and provided further, that not less than $50,000 shall be expended for the Cape Cod head injury program”.

CLERK NUMBER: 278

Mr. Atsalis Of Hyannis moves 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 $75,000 be expended for a matching grant for the proposed Cultural Center of Cape Cod in South Yarmouth”.

CLERK NUMBER: 279

Mr. Atsalis Of Hyannis moves 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 $75,000 be expended for the Cape Cod Economic Development Council, Inc.”.

CLERK NUMBER: 280

Mr. Atsalis Of Hyannis moves move that the bill be amended in section 2, in item 7004-3036, by striking out the figures “$821,925” and inserting in place thereof the figures “$1,000,000”.

CLERK NUMBER: 281

Mr. Atsalis Of Hyannis moves 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 $100,000 be expended for a matching grant for the proposed Cape Cod Maritime Museum in Hyannis”.

CLERK NUMBER: 282

Mr. Atsalis Of Hyannis moves that the bill be amended in section 2, in item 4510-0110, by adding at the end thereof the following:

“and provided further, that not less than $100,000 be expended for the O'Neill Health Clinic in Hyannis”.

CLERK NUMBER: 283

Mr. Atsalis Of Hyannis moves that the bill be amended in section 2, in item 8910-0000, in line 9, by striking out the following: “provided further, that not less than $1,450,000 shall be provided to the sheriff department of Barnstable county to fund the operational expenses associated with the opening of a new correctional facility in fiscal year 2004” and inserting in place thereof the following: “provided further, that not less than $4,900,000 shall be provided to the sheriff's department of Barnstable County to fund the operational expenses associated with the opening of a new correctional facility in fiscal year 2005”; and in said item by striking out the figures “$128,268,218” and inserting in place thereof the figures “$133,168,218”.

CLERK NUMBER: 284

Messrs. FENNELL Of LYNN AND WALSH OF LYNN move that the bill be amended in section 2, in item 4800-0038, in line 29, by inserting after “program” the following:

“provided further, that not less than $50,000 shall be expended for the purpose of providing case management services for the Amity Transitional Housing Program in the city of Lynn.”

CLERK NUMBER: 285

Mr. FENNELL OF LYNN moves that the bill be amended in section 2, by inserting after item 4513-1112 the following new item:
“4513-1113. For the Colorectal Cancer Awareness Program…..$185,000” and in item 4510-0710 by striking out the figures ‘$7,620,835’ and inserting in the place thereof the figures ‘$7,435,835’”
CLERK NUMBER: 286

Messrs. FENNELL Of LYNN AND WALSH OF LYNN move that the bill be amended in section 2, in item 7003-0702, in line 2, by inserting after “enterprise” the following:

"that not less than $105,000 shall be made available to the E-Team Machinist Program in the city of Lynn.”

CLERK NUMBER: 287

Messrs. FENNELL Of LYNN And WALSH OF LYNN move that the bill be amended in section 2, in item 4530-9000, in line 10, by inserting after “Holyoke,” the following:

"Lynn"

CLERK NUMBER: 288

Mr. FENNELL Of LYNN moves that the bill be amended in section 2, in item 0337-0002, by striking out the figures “$886,387” and inserting in place thereof the figures “$982,387”.

CLERK NUMBER: 289

Mr. FENNELL Of LYNN moves that the bill be amended in section 2, in item 8400-0001, in line 13, by striking out the following: “that the registry may run a license express office in the city of Lynn” and inserting in place thereof the following: “that $110,000 shall be expended to operate a license express office in the city of Lynn”.

CLERK NUMBER: 290

Mr. FENNELL Of LYNN moves that the bill be amended in section 2, in item 4000-0112, in line 24, by inserting after “Boston” the following:

"and not less than $100,000 be expended to the YMCA of Greater Lynn, to facilitate capital projects approved by the board of directors of said YMCA"

CLERK NUMBER: 291

Messrs. FENNELL Of LYNN AND WALSH OF LYNN move that the bill be amended in section 2, in item 7007-0950, in line 4, by inserting after “funds” the following:

"provided further, that not less than $100,000 shall be expended for the restoration of the Memorial Auditorium in the city of Lynn."

CLERK NUMBER: 292

Messrs. FENNELL Of LYNN AND WALSH OF LYNN move that the bill be amended in section 2, by inserting after item 7511-0100, the following new item:
“7511-0101. For the Establishment and Administration of the Public Policy Institute and Resource Center at North shore Community College…………………………………………………..$855,000”
and in item 2200-0100 by striking the figure “$26,555,935” and inserting in the place thereof the figures “$25,700,935”

CLERK NUMBER: 293

Mr. FENNELL Of LYNN moves that the bill be amended in section 2, in item 5046-2000, in line 1, by inserting after “homelessness services” the following:

"provided further, that not less than $90,000 shall be expended for the provision of health services to the homeless and uninsured by Primary Care and Mental Health, Inc. located in the city of Lynn.”

CLERK NUMBER: 294

Messrs. Fennell of Lynn, Petersen of Marblehead, Walsh of Lynn move that the bill be amended in section 2, in item 2820-0100, in line 4, by inserting after “division” the following:

"provided, further, not less than $45,000 shall be expended on the maintenance of Red Rock Park on Lynn Shore Drive, in the city of Lynn."

CLERK NUMBER: 295

Messrs. FENNELL Of LYNN And WALSH Of LYNN move that the bill be amended by adding at the end thereof the following section(s):

"nothwithstanding any general or special law to the contrary, the rate of reimbursement will be adjusted reflecting "actual costs" for school projects in the city of Lynn under chapter 645 of the Acts of 1948 and Chapter 70B of the General Laws in Fiscal Years 2001, 2002, and thereafter."

CLERK NUMBER: 296

Mr. FENNELL Of LYNN moves that the bill be amended by striking out section 92, and inserting in place thereof the following new section:
“Notwithstanding any general or special law to the contrary, the division of purchased services of the department of procurement which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall authorize the fiscal year 2005 annual price for these programs by increasing the final fiscal year 2004 price by the estimated rate of inflation determined by the division on December 1, 2003. Programs for which prices in fiscal year 2004 were lower than the full amount either permitted or calculated by the division shall have fiscal year 2005 annual prices authorized by increasing the full price calculated for fiscal year 2004 by the rate of inflation determined by the division on December 1, 2003. All other provisions of 808 CMR 1.06 shall be operative.”

CLERK NUMBER: 297

Mr. Robert Koczera Of New Bedford moves that the bill be amended in section 2 by inserting after item 0699-9200 the following item:
“7004-9108. Not more than $800,000 be used for the demolition of the city owned building known as the Elco Dress Manufacturing Company on Collette Street in the City of New Bedford."

Mr. Robert Koczera further moves that the bill be amended in section 2, in item 8900-0001, by striking out the figures "$428,124,325" and inserting in place thereof the figures " $427,324,325."
”.

CLERK NUMBER: 298

Mr. Correia of Fall River moves that the bill be amended in section 2, in item 7007-0950, in line 12, by inserting after “Development Project” the following: “and provided further that notwithstanding any general or special law to the contrary a grant of $100,000 shall be expended to the U.S.S. Massachusetts Memorial Committee for the erection of the Official September 11, 2001 Attack on America Memorial at Battleship Cove in Fall River”; and in said item by striking out the figures “$2,000,000” and inserting in place thereof the figures “$2,100,000”.

CLERK NUMBER: 299

Messrs. Correia of Fall River and Rodrigues of Westport move that the bill be amended in section 2, in item 1599-3857, by striking out the figures “$550,442” and inserting in place thereof the figures “$900,000”; and in item 1100-1100, by striking out the figures “$3,297,608” and inserting in place thereof the figures “$2,948,050”.

CLERK NUMBER: 300

Mr. Correia of Fall River moves that the bill be amended in section 2, in item 7100-0200, in line 11 by inserting after “provided further that” the following: “not less than $500,000 shall be expended so”; and in said item by striking out the figures “$331,009,175” and inserting in place thereof the figures “$331,509,175”; and in item 8900-0001, by striking out the figures “$428,124,325” and inserting in place thereof the figures “$427,624,325”.