Mrs. Paulsen of Belmont, Ms. Khan of Newton, Ms. Blumer of Framingham, Ms. Balser of Newton, Mr. Sullivan of Fall River, Mr. Demakis, of Boston, Ms. Spiliotis of Peabody, Mr. Smizik of Brookline, Ms. L’Italien of Andover, Mr. Bosley of North Adams, Ms. Story of Amherst, Ms. Wolf of Cambridge, Mr. Spellane of Worcester, Ms. Jehlen of Somerville, Ms. Grant of Beverly, Mr. Petersen of Marblehead, Mr. Linsky of Natick, Mr. Goguen of Fitchburg, Ms. Malia of Boston, Mr. Verga of Gloucester, Ms. Spilka of Ashland, Ms. Gomes of Harwich, Ms. Parente of Milford, Mr. Sanchez of Boston, Mr. Rushing of Boston, Mr. Fallon of Malden, Ms. Canavan of Brockton, Mr. Marzilli of Arlington, Mr. Koutoujian of Waltham, Mr. Festa of Melrose and Ms. Teahan of Whitman move that the bill be amended in section 95, in line 2 by striking out the figures $4,000,000 and inserting in place thereof the figures $8,000,000, and that the bill be further amended in section 2 by inserting after item 7004-9315 the following item:
7004-9316 “For a program to provide assistance for homeless families and families at risk of becoming homeless; provided that the amount of financial assistance shall not exceed $3,000 per family; provided further, that funds may be used for security deposits, first and last month’s rent, moving expenses, utility payments or other uses as determined by the department of housing and community development; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no such assistance shall be provided to any family with an income in excess of 130 percent of the federal poverty level, except in cases of extraordinary hardship as determined by the department and the administering non-profit housing agency; provided further, that cases of extraordinary hardship shall not exceed 10 percent of the program caseload; provided further, that prior to authorizing a residential assistance payment for a family, the non-profit housing agency shall make an assessment of whether said payment, with or without additional housing stabilization support, will enable the family to retain its current housing, obtain new housing, or otherwise avoid homelessness; provided further, that in making such assessment the agency shall apply a presumption that said payment will enable a family to retain its housing, obtain new housing, or otherwise avoid homelessness if the family is paying less than or equal to 50 percent of its income for said housing; provided further, that a family who is paying more than 50 percent of its income for its housing shall be provided a fair opportunity to establish that a residential assistance payment will enable it to retain its housing, obtain new housing, or otherwise avoid homelessness; provided further, that residential assistance payments may be made through direct vendor payments according to standards to be established by the department; provided further, that the agencies shall establish a system for referring families approved for residential assistance payments who the agencies determine would benefit from such services to existing community-based programs that provide additional housing stabilization supports, including assistance in obtaining housing subsidies and locating alternative housing that is safe and affordable for said families; provided further, that the program shall be administered pursuant to guidelines established by the department; and provided further, that the department shall provide a status report to the secretary of administration and finance and the house and senate committees on ways and means no later than March 1, 2005 detailing all expenditures of said program, including but not limited to the number of recipients of the funds, the housing status of the recipients, the purposes for which each family used the assistance, the administrative costs and any other related costs of the program……………………..$4,000,000”.

CLERK NUMBER: 352

Representatives Knuuttila of Gardner and Goguen of Fitchburg move that the bill be amended in section 2, in item 1410-0012, in line 13, by striking out the following:- “provided further, that not less than $167,394 shall be obligated for a contract with the Montachusett Veterans Outreach Center located in the city of Gardner;” and inserting in place thereof the following:- “provided further, that not less than $292,480 shall be obligated for a contract with the Montachusett Veterans Outreach Center located in the city of Gardner;”; and in said item by striking out the figures “$1,018,615” and inserting in place thereof the figures “$1,143,701”; and, in section 2 in item 8900-0001 by striking out the figure $428,124,325” and inserting in place thereof the following figure:- “$427,999,239”.

CLERK NUMBER: 353

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 inserting after item 7051-0015 the following item:

“7052-0005 For grants and reimbursements to cities, towns, regional school districts and counties under chapter 645 of the acts of 1948 and chapter 70B of the General Laws, for annual payments on the accounts of school projects for which first annual payments have been made; provided, that the department of education shall reduce all payments proportionately as needed such that expenditures are not greater than the amount appropriated herein, prior appropriation continued.”

And move that the bill be amended further by adding the following section: —

“SECTION ___. Item 7052-0005 of section 2 of chapter 26 of the acts of 2003 is hereby amended by striking the figures “379,358,606”, and inserting in place thereof the figures “778,857,471”.
CLERK NUMBER: 354

Mrs. Paulsen of Belmont moves that the bill be amended in section 24, in line 4, by adding after the word “commission” the following: “assign a lawyer who is a state employee in another department, agency, board or commission”.

CLERK NUMBER: 355

Representatives Knuuttila of Gardner, Simmons of Leominster and Goguen of Fitchburg move that the bill be amended in section 2, in item 0330-0410, in line 2, by inserting after “North Shore Community Mediation Program in Salem” the following:- “; and provided, that not less than $44,337 shall be expended for Mediation Services of North Central Massachusetts”.

CLERK NUMBER: 356

Sponsor Broadhurst Of Methuen move that the bill be amended in section 2, in item 0540-0900, by striking out the figures “744,292” and inserting in place thereof the figures “804,292”.

CLERK NUMBER: 357

Representative Knuuttila of Gardner moves that the bill be amended by adding after section 26 a new section: “SECTION 26A. Section fifty-three of chapter forty-four of the General Laws is hereby amended after the words, ‘as provided in section six or six A’ in clause (1) by adding the words, ‘and provided further that the provisions of section twenty-seven of chapter one hundred forty-nine shall not apply to cities and towns for said projects in the amount of twenty-five thousand dollars or less.”.

CLERK NUMBER: 358

Ms. Story of Amherst, Mr. Smizik of Brookline, Ms. Paulsen of Belmont, Ms. Khan of Newton, Mr. Kocot of Northampton, Mr. Scibak of South Hadley, Mr. Kulik of Worthington , Ms. Balser of Newton, Mr. Howland of East Freetown, Ms. Spiliotis of Peabody, Mr. Linsky of Natick, Ms. Gobi of Spencer, Mr. Donelan of Orange, move that the bill be amended in section 2, in item 7100-0200, by striking out the figures “$331,009,175” and inserting in place thereof the figures “$337,009,175”; and in item 8900-0001, by striking out the figures “$428,124,325” and inserting in place there of the figures“ $422,124,320”.

CLERK NUMBER: 359

Mr. Petruccelli Of Boston move that the bill be amended by adding at the end thereof the following section(s):

Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, a certain parcel of land located on the westerly side of Border Street in East Boston in the City of Boston is hereby eliminated as a Designated Port Area under 301 C.M.R. 25 and 310 C.M.R. 9 and any other applicable provisions of the code of Massachusetts regulations.

Said parcel located at 80 Border Street, East Boston, assessors parcel number 01-05412002, and shown on a plan entitled Plan of Land 80 Border Street Boston (East), Mass. Dated 3/31/2004. Said parcel contains approximately .514 acres of land

CLERK NUMBER: 360

Representative Knuuttila of Gardner moves that the bill be amended by adding at the end thereof the following section(s):
The Department of Environmental Protection shall assess a fee and/or surcharge of not more than $1.00 per metric ton of waste deposited in a municipal landfill where the waste deposited is generated by a community or communities other than the community or communities which host said municipal landfill. Funds collected or realized from said fee or surcharge will be placed into an account created and maintained by the Department of Environmental Protection. Expenditures from this fund or account shall then be designated by the Department, subject to appropriation, exclusively to efforts of municipal cemetery and state veterans’ cemetery clean-up, maintenance and repair.

CLERK NUMBER: 361

Representatives Knuuttila of Gardner, Connolly of Everett, Kujawski of Webster, Howland of Freetown, Costello of Newburyport, Walsh of Boston, Linsky of Natick, Pignatelli of Lenox, Humason of Westfield, Marzilli of Arlington, Demakis of Boston, Story of Amherst, Eldridge of Acton, Smizik of Brookline, Hynes of Marshfield, Turkington of Falmouth, Goguen of Fitchburg, Toomey of Cambridge, Balser of Newton, Verga of Gloucester, Sullivan of Fall River, Haddad of Somerset, Paulsen of Belmont and Gobi of Spencer move that the bill be amended in section 2, in item 0321-1510, in line 5, by striking out the following:- “and provided further, that the rates of compensation paid for private counsel services from this item shall be the same as the rates paid in fiscal year 2004”, and inserting in place thereof the following:- “provided, however, such compensation shall not be less than $60 per hour.”; and in said item by striking out the figures “$72,094,442” and inserting in place thereof the figures “$132,094,442”; and in section 2 in item 8900-0001 by striking out the figure “$428,124,325” and inserting in place thereof the following figure:- “$368,124325”.

CLERK NUMBER: 362
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 _. Within 30 days after the effective date of this section, the Massachusetts Convention Center Authority shall cause to be published in the central register under section 20A of chapter 9 of the General Laws, in large metropolitan newspapers and professional real estate trade journals a notice requesting proposals from any public or private entity, agency, individual partnership or joint-venture regarding the use, reuse, rehabilitation, renovation, reconstruction, purchase, ownership, lease, construction or development of the Hynes Convention Center buildings at 900 Boylston Street in the city of Boston. The Authority may include in the notice any information, restrictions, requirements, conditions or additional provisions that may be necessary to comply with any applicable law, to assist any public or private entity, agency, individual partnership or joint-venture in responding to said notice.
The notice shall solicit the following:
(a) Proposals to purchase the Hynes Convention Center in their current "as is" condition for their full and fair market value at their highest and best use. Said proposal shall include a plan for use or reuse of said buildings, including any combination of construction of new office space, rehabilitation of existing office space or development for uses other than only office space.
(b) Proposals to finance, design, redesign, repair, rehabilitate or reconstruct the Hynes Convention Center for continued use as a convention center; provided, that said proposal shall specify a guaranteed price and time for completion of the project and may also recommend alternatives to existing statutory procurement requirements. Such a proposal may provide that the commonwealth enter into a long-term lease with the developer.
Notwithstanding any general or special law to the contrary, the Authority shall require each proposal requested pursuant to subsection (b) to include proof satisfactory to the Authority of the following: (i) the proponent's financial ability to perform as so required by the proposal; (ii) the proponent's competence and ability to perform as so required by the proposal; (iii) the proponent's ability to secure a surety bond to perform as so required by the proposal; and (iv) any other qualifications, credentials, experience, accreditation or licenses that the Authority may deem necessary.
(c) All responses to the request for proposals shall be submitted to the Authority on or before 90 days after the publishing of said notice.
(d) Not later than 120 days after the submission of the proposals, the Authority shall file a written report with the secretary of administration and finance the house and senate committees on ways and means and the joint committee on state administration. Said report shall include a cost-benefit analysis comparing the proposals received pursuant to subsection (b) and shall recommend which proposal is most cost-effective; provided, that the Authority shall consider, among others, the following factors as part of said cost-benefit analysis:
(i) purchase price of the Hynes Convention Center by public or private entity, individual, agency, partnership or joint-venture;
(ii) condition and use of the Hynes Convention Center, including the nature of the current "as is" condition of the Hynes Convention Center, future maintenance costs, rehabilitation or reconstruction costs and danger, if any, to the health and safety of the users and occupants of the Hynes Convention Center;
(iii) availability of financing to the commonwealth or to any private or public entity, agency, individual, partnership or joint venture;
(iv) role of the commonwealth, if any, with any private or public entity, agency, individual, partnership or joint venture to renovate, rehabilitate or reconstruct the Hynes Convention Center;
(v) potential for economic development within, near or around the Hynes Convention Center resulting from the use, reuse, renovation, rehabilitation, construction or reconstruction of the Hynes Convention Center;
(vi) a comparison of the anticipated cost of operating the Hynes Convention Center through the Massachusetts Convention Center Authority, as mandated by law, versus any alternative method of operation proposed by said Authority, in consultation with the commissioner of capital asset management and maintenance including, but not limited to, those methods submitted as a result of a request for proposals authorized by subsection (b). The report shall include a copy of all proposals submitted to the Authority, as authorized by said subsection (b), together with the legislation necessary to carry out the proposal selected and endorsed by the Authority.”

CLERK NUMBER: 363
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 _. Notwithstanding and general or special law to the contrary and within 30 days after the effective date of this section, the Massachusetts Convention Center Authority shall cause to be published in the central register under section 20A of chapter 9 of the General Laws, in large metropolitan newspapers and professional real estate trade journals a notice requesting proposals from any public or private entity, agency, individual partnership or joint-venture regarding the use, reuse, rehabilitation, renovation, reconstruction, purchase, ownership, lease, construction or development of the Boston Common Parking Garage in the city of Boston, for the purposes of this section shall be referred to as “the Garage”. The Authority may include in the notice any information, restrictions, requirements, conditions or additional provisions that may be necessary to comply with any applicable law, to assist any public or private entity, agency, individual partnership or joint-venture in responding to said notice.
The notice shall solicit proposals to purchase the Garage in their current "as is" condition for their full and fair market value as a parking garage. All responses to the request for proposals shall be submitted to the Authority on or before 90 days after the publishing of said notice. Not later than 120 days after the submission of the proposals the Authority shall file a written report with the secretary of administration and finance the house and senate committees on ways and means and the joint committee on state administration. Said report shall include a cost-benefit analysis comparing the proposals received and shall recommend which proposal is most cost-effective; provided, that the Authority shall consider, among others, the following factors as part of said cost-benefit analysis:
(i) purchase price of the Garage by public or private entity, individual, agency, partnership or joint-venture;
(ii) condition and use of the Garage, including the nature of the current "as is" condition of the Garage, future maintenance costs, rehabilitation or reconstruction costs and danger, if any, to the health and safety of the users and occupants of the Garage;
(iii) availability of financing to the commonwealth or to any private or public entity, agency, individual, partnership or joint venture;
(iv) role of the commonwealth, if any, with any private or public entity, agency, individual, partnership or joint venture to renovate, rehabilitate or reconstruct the Garage;
(v) potential for economic development within, near or around the Garage resulting from the use, reuse, renovation, rehabilitation, construction or reconstruction of the Garage;
(vi) a comparison of the anticipated cost of operating the Garage through the Massachusetts Convention Center Authority, as mandated by law, versus any alternative method of operation proposed by said Authority, in consultation with the commissioner of capital asset management and maintenance including, but not limited to, those methods submitted as a result of a request for proposals authorized by subsection (b). The report shall include a copy of all proposals submitted to the Authority, as authorized by said subsection (b), together with the legislation necessary to carry out the proposal selected and endorsed by the Authority.”

CLERK NUMBER: 364

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 ___. Notwithstanding any general or special law to the contrary, the staff of the house and senate committees on ways and means shall assist the department of revenue, as required and directed by the commissioner of revenue, in its collection of tax revenue for the Commonwealth when revenue is expected to be lost due to reduced staffing relative to reduced funding for the current fiscal year.”
CLERK NUMBER: 365

Mr. Howland Of Freetown moves that the bill be amended in section 2, in item 2000-9912, by adding at the end thereof the following:

“SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35W the following section:—
Section 35X. There shall be established and set up a separate fund to be known as the Lake Restoration and Preservation Fund for the purpose of funding the milfoil, fanwort and other exotic plants prevention grant program of the department of environmental protection in excess of the $200,000 currently designated. There shall be credited to said fund all monies received under section 3A of chapter 90B. Said monies shall be paid over to the department of environmental protection for the purposes of the grant program established by section 21 of chapter 21A.
SECTION 2. Chapter 21A of the General Laws is hereby amended by adding the following section:—
Section 21. The department of environmental protection shall establish a grant program for the allocation of money to lake associations and towns which seek to administer a milfoil, fanwort, and other exotic plants prevention program, and institutions of higher learning which seek to conduct research on milfoil, fanwort, and other exotic plants remediation techniques. The grant program shall be funded by the Lake Restoration and Preservation Fund established by section 35X of chapter 10. Up to 2/3 of the moneys distributed from the fund to the milfoil, fanwort, and other exotic plants prevention and grant program shall be allocated for the purposes of milfoil, fanwort, and other exotic plants prevention programs and the remainder shall be allocated to milfoil, fanwort, and other exotic plants remediation research projects.
The Department of Environmental Protection shall establish a management plan to implement the grant program. The management plan shall include, but not be limited to:
I. Eligibility determination criteria and procedures.
II. Application requirements and procedures.
III. Project selection and prioritization requirements and procedures.
IV. Stewardship requirements and procedures, including annual reporting to the department by the grantee.
The Department of Environmental Protection shall distributed funds for projects to further the purpose of this chapter only to eligible applicants. Eligible applicants shall include:
(i) Publicly-supported nonprofit corporations exempt from federal income taxation under section 501(c) of the Internal Revenue Code.
(ii) Municipalities or other political subdivisions of the state.
(iii) Institutions of higher learning.
(iv) Departments or organizations within the federal government.
All eligible applicants shall provide a minimum level of matching resources equal to 50 percent of the proposed program budget. The cost-sharing match may be met through the use of in-kind services. Qualifying matching funds from the applicant may include, but are not limited to, municipal appropriations, private donations, federal funds, and the value of goods and services provided by the applicant.
SECTION 3. Chapter 90B of the General Laws is hereby amended by inserting after section 3 the following section:—
Section 3A. In addition to the fee established in section 3, there shall be an additional fee of $5 to be paid into the Lake Restoration and Preservation Fund established by section 35X of chapter 10. A fee of $10 for each out-of-state boat entering Massachusetts lakes, ponds, and waterways shall be collected by the appropriate authority and shall be paid into the fund. ”.

CLERK NUMBER: 366

Mr. Ciampa and Mr. Toomey, both of Somerville, move that the bill be amended by adding at the end thereof the following section(s):

Section 11 of Chapter 32B of the Massachusetts General Laws is hereby amended by inserting after the second paragraph the following paragraph: -
Notwithstanding any charter or ordinance to the contrary, the appropriate public authority of the cities of Cambridge, Chelsea, Everett, Malden, Medford, Melrose, Quincy, Revere and Somerville may notify the appropriate public authority of the city of Boston of its election to participate in the schedule of benefits made available by said city of Boston for its employees and, subject to the approval of the appropriate public authority of said city of Boston and under such terms and conditions and rules and regulations as may be prescribed from time to time by the appropriate public authority of the city of Boston, the employees of the city so applying shall become insured at the earliest practicable date as participants in a city of Boston group health or life benefit plan. Nothing herein shall abrogate any provision of chapter 150E or any collective bargaining agreement with respect to health benefits or to impact adversely the rights and benefits of public employees pursuant to any collective bargaining agreement. Nothing in this paragraph shall prohibit the appropriate public authority of the city of Boston from prohibiting participation by applying cities in certain benefits programs made available by said city of Boston for its employees. Nothing in this paragraph shall prevent a participating city from withdrawing from participation upon reasonable notice provided by the appropriate public authority of the participating city to the appropriate public authority of the city of Boston. A city granted approval to participate in the city of Boston's schedule of benefits that incurs costs by so joining or exiting including, but not limited to, paying for claims which have been incurred but not yet paid may amortize such costs over a period of not more than 10 years from the date of such approval or exit.

CLERK NUMBER: 367

Representative Scibak Of South Hadley moves that the bill be amended by adding at the end thereof the following section(s):

Section . The first paragraph of section 12 of Chapter 118E of the General Laws is hereby amended by adding the following two sentences: --- The division or department, as appropriate, shall adopt and amend regulations, in accordance with chapter 30A, for the administration of its duties and powers and to effectuate the provisions and purposes of this chapter. Regulations which restrict eligibility or covered services shall be adopted only after public notice and hearing.

CLERK NUMBER: 368

Mr. Peterson of Grafton and Mr. Frost of Auburn moves that the bill be amended by adding at the end thereof the following sections:
Section . Chapter 131 of the Massachusetts General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking Section 80A in its entirety and inserting in place thereof the following:-
Section 80A. Notwithstanding any other provision of this chapter a person shall not use, set, place, maintain, manufacture or posses any traps for the capture of fur-bearing mammals, except for box or cage traps, nets, and traps designed to kill such mammal including common type mouse and rat traps, mole traps, and conibear type or other body gripping straps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including so-called Hancock or Bailey type traps for beaver. Steel jaw foothold traps padded jaw foothold traps, and snares are expressly prohibited.
The above provision shall not apply to the use of prohibited devices by federal and state departments of health of the purpose of protection from threats to human health safety.
Whoever violates any provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than $300 or more than $1000, or by imprisonment for each trap possessed, used, set, placed, maintained, or manufactured.
Each day of violation shall constitute a separate offense. A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer empowered to enforce this chapter any trapping license and problem animal control permit issued to such person and shall be barred forever from obtaining a trapping license and a problem animal control permit.

CLERK NUMBER: 369

Ms. Gifford of Wareham moves that the bill be amended in section 2, in item 4406-3000, by adding at the end thereof the following:

“; and provided further, that not less than $10,000 be expended for the Turning Point Day Resource Center for the Homeless in the town of Wareham”.

CLERK NUMBER: 370

Representatives Knuuttila of Gardner, Connolly of Everett, Kujawski of Webster, Howland of Freetown, Costello of Newburyport, Walsh of Boston, Linsky of Natick, Pignatelli of Lenox, Humason of Westfield, Marzilli of Arlington, Demakis of Boston, Story of Amherst, Eldridge of Acton, Smizik of Brookline, Hynes of Marshfield, Turkington of Falmouth, Goguen of Fitchburg, Toomey of Cambridge, Balser of Newton, Verga of Gloucester, Sullivan of Fall River, Haddad of Somerset, Paulsen of Belmont and Gobi of Spencer move that the bill be amended in section 53, in line 13, by adding after the words “not less than $500 against said person” the following;- “which shall then be used to fund private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D”.

CLERK NUMBER: 0371

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, Ms. Gobi of Spencer move that the bill be amended by adding at the end thereof the following outside section:

Chapter 71, section 89 of the Massachusetts General Laws is amended by striking the last sentence and replacing it with the following:
“For the purposes of this section, ‘average per pupil cost’ shall be determined by dividing Net School Spending by the total number of students in the district, with each student weighted according to the foundation formula for low-income, limited English proficiency, special education, occupational education, and grade level. The charter school tuition shall be determined by multiplying the ‘average per pupil cost’ by the number of students enrolled in the charter school, with each of those students weighted in the same manner.”

CLERK NUMBER: 372

Ms. Jehlen of Somerville moves that the bill be amended in section 2, in item 4125-0100, by striking out the figures “$4,929,536” and inserting in place thereof the figures “$5,219,536”.; and in item 8900-0001, by striking out the figures “$428,124,325” and inserting in place thereof the figures “$427,834,325”.

CLERK NUMBER: 373

Representatives Knuuttila of Gardner, Connolly of Everett, Kujawski of Webster, Howland of Freetown, Costello of Newburyport, Walsh of Boston, Linsky of Natick, Pignatelli of Lenox, Humason of Westfield, Marzilli of Arlington, Demakis of Boston, Story of Amherst, Eldridge of Acton, Smizik of Brookline, Hynes of Marshfield, Turkington of Falmouth, Goguen of Fitchburg, Toomey of Cambridge, Balser of Newton, Verga of Gloucester, Sullivan of Fall River, Haddad of Somerset, Paulsen of Belmont and Gobi of Spencer move that the bill be amended by adding after section 55 a new section:
“SECTION 55A. Chapter 262 of the General Laws is hereby amended by inserting after section 4C the following section:- Section 4D. Any party, not being a law enforcement officer or prosecutor, as defined in section 1 of chapter 258B filing a criminal complaint for a violation of section 37 of chapter 266 in any court of the Commonwealth shall pay an initial filing fee of $10, for compensation paid to private counsel assigned to criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D.”

CLERK NUMBER: 374

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, Ms. Gobi of Spencer, Ms. Atkins of Concord move that the bill be amended by adding at the end thereof the following outside section:

Chapter 71, section 89 of the Massachusetts General Laws is amended by striking the last sentence and replacing it with the following:
“For the purposes of this section, ‘average per pupil cost’ shall be determined by dividing Net School Spending by the total number of students in the district, with each student weighted according to the foundation formula for low-income, limited English proficiency, special education, occupational education, and grade level. The charter school tuition shall be determined by multiplying the ‘average per pupil cost’ by the number of students enrolled in the charter school, with each of those students weighted in the same manner.”

CLERK NUMBER: 375

Mr. Carron Of Southbridge moves that the bill be amended in section 2, in item 0810-0045, by striking out the figures “$2,835,257” and inserting in place thereof the figures “$3,043,422”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “$4,945,253”.

CLERK NUMBER: 376

Mr. O’Flaherty of Chelsea moves that the bill be amended by striking out section 6 in its entirety.

CLERK NUMBER: 377

Mr. Ruane of Salem moves to amend the bill in section 2 by striking item 9110-1636 and inserting in place thereof the following:—

9110-1636 For the elder protective services program, including protective services case management, the statewide elder abuse hotline, and the elder-at-risk program; provided, that not less than $495,000 shall be expended for money management services $9,999,137

and in section 2 in item 1100-1100 by striking out the figure “$3,297,608” and inserting in place thereof the following figure:— $2,802,608.

CLERK NUMBER: 378

Mr. Ruane of Salem moves to amend the bill in section 2 in item 4120-4000 by striking out the figure “$7,270,512” and inserting in place thereof the following figure:— $7,471,512

and in section 2 in item 1100-1100 by striking out the figure “$3,297,608” and inserting in place thereof the following figure:— $3,096,608

CLERK NUMBER: 379

Mr. Ruane of Salem moves to amend the bill in section 2 in item 1100-1104 by striking the figure “$50,000” and inserting in place thereof the following figure:— $436,381

and moves to further amend the bill in item 1100-1100 by striking the figure “$3,297,608” and inserting in place there of the following:— $2,911,227

CLERK NUMBER: 380

Mr. Ruane of Salem moves to amend the bill in section 2 in item 0540-1000 by striking the figure “$2,188,103” and inserting in place thereof the following:— $2,517,256

And moves to further amend said bill in item 1201-0100 by striking the figure “$107, 470,805” and inserting in place thereof the following:— $107,141,652

CLERK NUMBER: 381

Mr. Carron Of Southbridge move that the bill be amended in section 2, in item 2810-0100, by striking out the figures “$16,599,682” and inserting in place thereof the figures “$18,199,682”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “$3,535,418”.

CLERK NUMBER: 382

Mr. Carron Of Southbridge move that the bill be amended in section 2, in item 2810-2000, by striking out the figures “$4,580,735” and inserting in place thereof the figures “$5,480,735”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “$4,235,418”.

CLERK NUMBER: 383

Mr. Carron Of Southbridge move that the bill be amended in section 2, in item 2820-0100, by striking out the figures “$19,986,715” and inserting in place thereof the figures “$21,186,715”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “$3,935,418”.

CLERK NUMBER: 384

Mr. Carron Of Southbridge move that the bill be amended in section 2, in item 2820-0200, by striking out the figures “$2,841,820” and inserting in place thereof the figures “$2,941,820”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “$5,035,418”.

CLERK NUMBER: 385

Mrs. Paulsen of Belmont moves that the bill be amended in section 2, by striking out section 59.

CLERK NUMBER: 386

Mr. Hynes of Marshfield moves that the bill be amended by striking out section 42.

CLERK NUMBER: 387

Mr. Ruane of Salem moves to amend the bill in section 2 in item 7114-0100 by inserting at the end thereof the following:— provided that not less than $200,000 shall be expended for the aquaculture program at said college established pursuant to section 274 of chapter 38 of the acts of 1995

and moves to further amend said item by striking the figure “$28,788,214” and inserting in place thereof the following figure:— $28,988,214

and moves to further amend the bill by striking item 7004-0000

CLERK NUMBER: 388

Mr. Ruane of Salem moves to amend the bill in section 2 by striking item 1410-0250 and inserting in place thereof the following 2 items:—

1410-0250 For homelessness services; provided, that not less than $303,966 shall be obligated for a contract with the central Massachusetts shelter for homeless veterans located in the city of Worcester; provided further, that not less than $352,395 shall be obligated for a contract with the southeastern Massachusetts veterans housing program, Inc. located in the city of New Bedford; provided further, that $100,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Dorchester; provided further, that not less than $90,000 shall be obligated for a contract with Unity House located in the city of Gardner; provided further, that not less than $28,350 shall be obligated for a contract with the Transition House located in the city of Springfield; provided further, that not less than $51,975 shall be expended for a contract with the Springfield bilingual veterans outreach center for the operation and maintenance of a transitional housing unit at the YMCA of Springfield; provided further, that not less than $44,888 shall be obligated for a contract with the Mansion located in the city of Haverhill; provided further, that not less than $28,350 shall be obligated for a contract with the Homestead located in the town of Hyannis; provided further, that not less than $108,000 shall be obligated for contracts with the veterans hospice homestead in the city of Leominster and the veterans hospice in the town of Fitchburg; provided further, that not less than $22,500 shall be obligated for a contract with the Turner House located in the town of Williamstown; provided further, that not less than $73,350 shall be obligated for a contract with the Veterans Benefit Clearinghouse located in Roxbury; and provided further, that not less than $90,000 shall be obligated for a contract with Habitat P.L.U.S. in the city of Lynn $1,297,124

1410-0251 For homelessness services, including the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Shelter for Homeless Veterans located in the city of Boston $2,093,735

CLERK NUMBER: 389

Mr. Ruane of Salem moves to amend the bill in section 2 by striking item 8910-6619 and insert in place there of the following item:

8910-6619 The Essex sheriff's department may expend for the operation of the department an amount not to exceed $2,000,000 from revenues received from federal inmate reimbursements; provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited quarterly into the general fund before the retention by the department of any of these revenues as certified by the comptroller; provided further, that said quarterly payments shall total $600,000 in fiscal year 2005 and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system $2,000,000

and moves to further amend the bill in section 2, in item 1201-0100 by striking the figure “107,470,805” and inserting in place thereof the following figure: — “106,470,805”

CLERK NUMBER: 390

Mr. Ruane of Salem moves to amend the bill in section 2 in item 2320-0100 by inserting at the end thereof after the words the following:—

provided, further that not less than $700,000 be expended for the design, construction and repair of the Kernwood Marina parking lot, drainage system and boat ramp

and moves to further amend said item by striking the figure “$300,092” and inserting in place thereof the following figure:— $1,000,092

and moves to further amend said bill in item 1100-1100 by striking the figure “$3,297,608” and inserting in place thereof the following:— $2,597,608
CLERK NUMBER: 391

Representative Rivera of Springfield moves that the bill be amended in section 2, in item 0330-0410, by adding at the end thereof the following:

“Provided further that not less than $42,737 shall be expended for Dispute Resolution Services, Inc. of Springfield”.

CLERK NUMBER: 392

Sponsors [Representatives Spilka Of Ashland and Blumer of Framingham] move that the bill be amended in section 2, in item 8000-0010, in line 4, by inserting after “in fiscal year 2005” the following:

"provided further that not less than $85,000 shall be expended for community policing in the Town of Framingham"

CLERK NUMBER: 393

Sponsors [Ms. Spilka Of Ashland] move that the bill be amended in section 2, in item 4512-0200, in line 5, by inserting after “section of Boston;” the following:

not less than $45,000 shall be expended in grants for the Framingham Coalition for the Prevention of Alcohol and Drug Abuse;

CLERK NUMBER: 394

Sponsors [Representatives Spilka Of Ashland, Linsky of Natick and Blumer of Framingham] move that the bill be amended in section 2, in item 5046-0000, by adding at the end thereof the following:

“provided further that not less than $99,000 be expended for the Framingham Jail Diversion Program”

CLERK NUMBER: 395

Sponsors [Ms. Spilka Of Ashland] move that the bill be amended in section 2, in item 4800-0038, by adding at the end thereof the following:

“provided further that not less than $99,000 shall be provided for the school age parenting project at Framingham High School”.

CLERK NUMBER: 396

Mr. Hynes of Marshfield and Mr. Kulik of Worthington move that the bill be amended by striking out section 5.

CLERK NUMBER: 397

Mr. O'flaherty Of Chelsea move that the bill be amended in section 2, in item 5920-1000, by striking out the figures “51,469,518” and inserting in place thereof the figures “52,228,078”; and in item 1100-1100, by striking out the figures “3,297,608” and inserting in place thereof the figures “2,539,048”.

CLERK NUMBER: 398

Sponsors Broadhurst Of Methuen, Speliotis of Danvers, Kennedy of Brockton, Torrisi of North Andover, Sullivan of Fall River, and Story of Amherst 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 “7,495,331”; and in item 0900-0100, by striking out the figures “1,265,221” and inserting in place thereof the figures “1,040,402”.

CLERK NUMBER: 399

Mr. Hillman of Sturbridge moves that the bill be amended in section 2 by inserting after item 7061-0011 the following: “provided that “$200,000 shall be expended on regional funding transition costs within Tantasqua Regional School District”.

CLERK NUMBER: 400

Representative Costello Of Newburyport moves that the bill be amended by adding at the end thereof the following section(s):

Section . Notwithstanding any general or special law to the contrary, the temporary tax amnesty program authorized by Chapter 4, Section 73 of the Acts of 2003 and Chapter 46, Section 113 of the Acts of 2003, which the Town of Salisbury adopted by vote of Town Meeting on October 27, 2003 is hereby extended for the Town of Salisbury until June 30, 2005.