Representatives Peisch of Wellesley and Murphy of Burlington move that the bill be amended by adding at the end thereof the following section(s):

Section 20 of Chapter 46 of the Acts of 2003 is hereby repealed.

CLERK NUMBER: 402

Ms. Wolf of Cambridge, move that the bill be amended by adding at the end thereof the following section(s):
“There is hereby established a special commission to study the effects of the Massachusetts Comprehensive Assessment System (MCAS) including, but not limited to, the matter of multiple assessments, the MCAS appeals process, the impact of MCAS on student drop out rates, the impact of MCAS on teaching and learning and the progress of students who did not receive diplomas in June, 2003 despite meeting local high school graduation requirements. Said Commission shall consist of the Speaker of the House of Representatives or his designee and three additional member to be appointed by the Speaker of the House, the President of the Massachusetts Senate or his designee and three other members to be appointed by the President of the Senate, the House and Senate Chairs of the Joint Committee on Education, Arts and Humanities, who shall both serve as chairs of said commission, and one member appointed by the following organizations: the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Association of Vocational Administrators, the Massachusetts Teachers Association and the Massachusetts Federation of Teachers. The Commission shall file a report with the House and Senate Clerks and the Joint Committee on Education Arts and Humanities not later than October 31, 2004, along with any legislation necessary to put its recommendations into effect.”

CLERK NUMBER: 403
Ms. Wolf of Cambridge, Ms. St.Fleur of Boston move that the bill be amended in section 2 by inserting after item 7061-9612 the following item:
7061 – 9614 For the alternative education grant program established pursuant to section 1N of chapter 69 of the General Laws ………………………………………………. 1,000,000;

and in section 2, in item 1201-0100, by striking the figures “107,470,805” and inserting in place thereof the figures “106,470,805”;

and by adding at the end thereof the following section:
“SECTION . Chapter 69 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 1M, the following section:—
Section 1N. (a) The department of education, hereinafter referred to as the department, shall establish a grant program, subject to appropriation, to be known as the alternative education grant program for the purpose of providing grants to assist school districts, and Horace Mann and commonwealth charter schools with the development and establishment of alternative education programs and services to students suspended or expelled from school. The grants shall support the development of alternative education programs which would: (1) allow school districts to coordinate efforts to establish interdistrict regional alternative education collaboratives to provide educational services to suspended or expelled students; or (2) establish a district based alternative education program for such students. The grants may also be used to encourage the use of technology in alternative education programs. Such grants shall also encourage voluntary expansion of existing alternative education programs throughout the commonwealth, and shall be used to provide alternative education programs for students who are at risk of educational failure due to truancy, or dropping out of school. Grants may also be used to assist in developing programs that provide a continuum of approaches to address behavior issues such as behavior specialists, in-school suspension rooms and crisis centers, in addition to out-of-school alternative settings.
Programs designed under such grants shall be developed at the middle and high school levels and shall afford students the opportunity to earn a high school diploma in accordance with the provisions of section one D, and to be taught to the same academic standards and curriculum frameworks established for all students in accordance with the provisions of sections one D and one E. Such programs shall make use of existing resources in school districts, educational collaboratives, community colleges, and other agencies, service providers, and organizations. Programs shall be designed as placements that, at a minimum, educate students to the same academic standards and curriculum frameworks as taught to all students, address behavioral problems, utilize small class size, address individual needs and learning styles, provide engaging instruction and a supportive environment, and, where appropriate, utilize flexible scheduling. The programs shall also provide a comprehensive array of social services to support a student’s remediation of issues that cause school failure, excessive absenteeism, truancy and school dropout. Grant recipients shall develop remediation plans for students that address both academic and behavioral issues. Grants may also be made available for in-school regular education programs that include self-improvement, behavior management and life skills training to help provide students with tools to better manage their lives and attitudes, to support programs that use family-based approaches, and to assist students and teachers during the transition of students back into regular education classrooms.
Any grants awarded pursuant to this subsection, shall require that recipients undertake ongoing program evaluations that document the effectiveness of the program in helping students to achieve academically to the same academic standards and curriculum frameworks required for all students, to develop self-management skills, and to reintegrate and remain in regular education classrooms. In awarding grants, priority shall be given to programs that employ interventions that have been empirically validated.
The department shall establish guidelines governing the alternative education grant program. Such guidelines shall include, but not be limited to, a provision that when a student is transferred to an alternative education program a representative of the school district shall meet with the student and the student’s parents or legal guardian to develop an agreement that specifies the responsibilities of the school, the student and the student’s parents or legal guardian. The agreement shall, at a minimum, include:
(1) a remediation plan to address both academic and behavioral issues;
(2) a plan for frequent evaluations and assessments of the student’s adjustment, and academic achievement and progress;
(3) a requirement that the parents or legal guardian of the student attend specified meetings or conferences with teachers, or utilize such other means of communication as determined necessary to facilitate communication, to review and assist in the student’s progress;
(4) any timetable for reintegrating the student into a regular education classroom;
(5) the student’s and the parents’ or legal guardian’s acknowledgement that they understand and accept the responsibilities imposed by the agreement.
(b) The department shall establish a grant program, subject to appropriation, to assist school districts with the development and establishment of in-school regular education programs and services to address within the regular education school program the educational and psycho-social needs of children whose behavior interferes with learning, particularly those who are suffering from the traumatic effects of exposure to violence. As used in this subsection, students suffering from the traumatic effects of exposure to violence shall include, but not be limited to, those exposed to abuse, family or community violence, war, homelessness or any combination thereof. The grants shall support the development of school based teams with community ties that: (1) collaborate with broadly recognized experts in the fields of trauma and family, community violence and with battered women shelters; (2) provide ongoing training to inform and train teachers, administrators, and other school personnel to understand and identify the symptoms of trauma; and (3) evaluate school policy and existing school and community programs and services to determine whether and to what extent students identified as suffering from exposure to trauma can receive effective supports and interventions that can help them to succeed in their public school programs, and where necessary be referred quickly and confidentially to appropriate services.
Grants may also be awarded to assist school districts in developing comprehensive programs to help prevent violence in schools, from whatever causes, and to promote school safety. Such programs shall be designed to meet the following objectives: creating a school environment where students feel safe and that prevents problems from starting; helping students to take the lead in keeping the school safe; ensuring that school personnel have the skills and resources to identify and intervene with at-risk students; equipping students and teachers with the skills needed to avoid conflict and violence; and helping schools and individuals to reconnect with the community and share resources.
The department shall develop guidelines governing the implementation of the grant program authorized by this subsection. Any grants awarded pursuant to this subsection, shall require that recipients undertake ongoing evaluations of the effectiveness of the program. In awarding grants, priority shall be given to programs that are based on empirically validated interventions.
The department of education, in consultation with the department of public health and the department of mental health, shall establish an advisory committee to assist in implementing the grant program and in assisting pubic schools in addressing the learning and behavior problems of students who manifest trauma-related symptoms and/or classroom behavior that interferes with learning. Members of said advisory committee shall include but not be limited to: three educators, one of whom shall serve as the chair, appointed by the commissioner of the department of education; two leaders in the field of trauma and its relationship to school learning and behavior appointed by the commissioner of the department of public health, two leaders in mental health with expertise in family and/or community violence appointed by the commissioner of mental health; one leader in battered women’s services appointed by the commissioner of public health; one leader in the area of homelessness and its impact on children appointed by commissioner of mental health, three parents one each appointed by the commissioner of education, the commissioner of public health, the commissioner of mental health. The advisory committee, at its discretion, may select additional members with relevant experience including but not limited to child advocates, medical doctors and representatives of juvenile and probate court.

(c) The commissioner shall evaluate annually the effectiveness of programs established under this section including the potential for replicating such programs throughout the commonwealth. Such evaluations shall also examine whether students in alternative education programs funded under this section are being taught to the same academic standards required for all students, how much time students are spending in such programs, the racial profile of expelled or suspended students, and the percentages of such students who are in special education or bilingual education. The commissioner shall also provide technical assistance to school districts seeking to replicate programs funded under this section, and shall provide training for teachers in the development of effective remediation plans for students in alternative education, and in the development of skills, techniques, and innovative strategies to assist such students. In evaluating programs funded under subsection (b), the commissioner shall consult with the department of public health, the department of mental health, and the advisory committee established pursuant to said subsection……………………………$1,000,000”

CLERK NUMBER: 404

Mr. Hill Of Ipswich move that the bill be amended in section 2, in item 2810-0100, in line 7, by inserting after “this item” the following: “provided further that not less than $100,000 shall be expended for the clean up of Baldpate Pond located in the town of Boxford”; and in said item by striking out the figures “$16,599,682” and inserting in place thereof the figures “$16,699,682”.

CLERK NUMBER: 405

Mr. Hill Of Ipswich move that the bill be amended in section 2, in item 4400-1025, in line 1, by inserting after “offices” the following:

;provided that not less than $20,000 shall be expended form this item for the purpose of the Domestic Abuse Response Team which serves the Ipswich District Court

CLERK NUMBER: 406

Mr. Hill Of Ipswich 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 “$21,599,682”; and in item 0640-0013, by striking out the figures “$10,000,000” and inserting in place thereof the figures “$5,000,000”.

CLERK NUMBER: 407

Mr. Hill Of Ipswich move that the bill be amended in section 2, in item 1107-2501, by striking out the figures “$1,572,323” and inserting in place thereof the figures “$1,672,323”.

CLERK NUMBER: 408

Mr. Hill Of Ipswich move that the bill be amended in section 2, in item 0332-2300, in line 1, by striking out the following: “For the third district court of Essex at Ipswich” and inserting in place thereof the following: “For the third district court of Essex at Ipswich provided that $100,000 shall be expended to the Town of Ipswich for rent of existing placement of said court ”; and in said item by striking out the figures “192474” and inserting in place thereof the figures “292474”.

CLERK NUMBER: 409

Mr. Hill Of Ipswich move that the bill be amended in section 2, in item 8000-0010, in line 3, by inserting after “fiscal year” the following:

2002-

CLERK NUMBER: 410

Representative Peisch of Wellesley moves that the bill be amended by adding at the end thereof the following section(s):

Section 3 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the words "United States" in line 436, the following words:- including those schools designated by the department of defense as meeting the standards of instruction required for children or dependents of department of defense employees.

CLERK NUMBER: 411

Representatives Kaufman Of Lexington, Owens-Hicks of Boston, Hynes of Marshfield, Paulsen of Belmont, Stanley of Waltham, Kafka of Sharon, Murphy of Burlington, Blumer of Framingham, Pope of Wayland, Atkins of Concord, Spilka of Ashland, Marzilli of Arlington and Rushing of Boston move that the bill be amended in section 2, in item 7010-0012, by adding at the end thereof the following:

“Provided that $50,000 shall be expended for a longitudinal study of the METCO program. And further provided that the University of Massachusetts Donahue Institute shall convene a working group to frame a comprehensive evaluation of the efficacy of the METCO program. The working group shall consist of the co-chairs of the Joint Committee on Education, Arts and the Humanities, 2 members of the House and two members of the Senate from METCO host communities (appointed by the Speaker and President, respectively) , 2 members of the House and two members of the Senate from METCO sending communities (appointed by the Speaker and President, respectively), 2 Superintendents from METCO communities, 2 METCO directors, 2 METCO parents, 2 METCO students, 4 METCO alumni now in the work force, 1 representative from METCO, Inc. , 2 representatives of the Harvard University Civil Rights Project, and the Commissioner of the Department of Education or his designee.

Questions to be addressed in the study shall include but not be limited to the following:

• What can be said about the current need for and historic accomplishments of racial desegregation programs? Are there measurable outcomes in terms of race relations and desegregation goals?

• How well have students participating in the METCO program performed academically relative to their peers, both in their home communities and in the communities in which they are schooled?

• What is the high school and college completion rate for METCO students, and how does this compare to their peers, both in their home and school communities?

• What comparative statements about self esteem, academic and extra-curricular engagement, career success and/or civic participation can be made for METCO students and METCO graduates?

• Is there evidence of an impact on the faculty, curriculum, and school communities in host towns that can be associated with their participation in METCO?

• What can be said about the academic and sociological impact of METCO students on their host community, students, families and school system?

• Are there measurable impacts on the students, families, schools or community in Boston and Springfield when some students leave to enroll in suburban districts?

• What is the history of demand for available slots in the METCO program?

• What has been the programmatic impact of funding available for METCO in state and local budgets?

• What recommendations are there to improve, modify or rethink the mission, administration, operation, finances and other elements of the Program?

In consultation with the working group, the UMass Donahue Institute shall prepare a scope of work and undertake the METCO evaluation.

The UMass Donahue Institute shall forward the evaluation to the co-chairs of the Joint Committee on Education, Arts and the Humanities and to the chairs of the House and Senate Committees on Ways and Means no later than June 1, 2005.”

CLERK NUMBER: 412

Representatives Kaufman of Lexington, Turkington of Falmouth, O'Brien of Kingston, Eldridge of Acton, Pignatelli of Lenox, L'Italien of Andover, Linsky of Natick, Patrick of Falmouth, Reinstein of Revere, Smizik of Brookline, Gobi of Spencer, Scibak of South Hadley, Kulik of Worthington, Spilka of Ashland, Hynes of Marshfield, Balser of Newton, Paulsen of Belmont, Khan of Newton, Sullivan of Fall River, Fox of Boston, Story of Amherst, Festa of Melrose, Teahan of Whitman, Peisch of Wellesley, Atkins of Concord move that the bill be amended by striking out section 90.

CLERK NUMBER: 413

Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section(s):

Section . Notwithstanding any general or special law or regulation to the contrary, the operational services division of the executive office of administration and finance shall require both for-profit and not-for-profit vendors that contract with the Commonwealth to provide human and social services to complete the UFR Surplus Revenue Retention Schedule and that both not-for-profit and for-profit businesses shall be limited to a 5% annual retention of surplus revenue. Taxes paid will be considered an allowable expense. No prior year surpluses may be recouped from such for-profit vendors if the applicable contract for such year(s) did not contain a commercial fee.

CLERK NUMBER: 414

Mr. deMacedo of Plymouth and Mr. O’Brien of Kingston move 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 Plymouth Retirement Board may, in accordance with guidelines established by the Public Employee Retirement Administration Commission, purchase the real property located at 89 Court Street, Plymouth, Massachusetts for the purpose of the use of said property for the administrative office of the Plymouth Retirement Board, and may purchase or lease equipment and employ any such personnel necessary for the proper administration and transaction of business of the retirement system.

CLERK NUMBER: 415

Mr. Hynes of Marshfield moves that the bill be amended by striking out section 5 and inserting in place thereof the following section:
“SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, every lottery ticket sold in the commonwealth shall be assessed a sales tax. The sales tax shall not increase the price of any lottery ticket and any decrease in lottery revenue realized from such tax shall be offset by a reduction in payouts. On a quarterly basis, sales taxes received shall be transferred to the department of revenue.”

CLERK NUMBER: 416

Mr. Asselin Of Springfield moves that the bill be amended in section 2, in item 7004-0099, in line 33, by inserting after “Corporation” the following:

provided further, that not less then $100,000 shall be expended for the establishment of the East Springfield-Indian Orchard-Pine Point Community Development Corporation

CLERK NUMBER: 417

Mr. Asselin Of Springfield moves that the bill be amended in section 2, in item 0610-0050, in line 7, by inserting after “beverages” the following:

provided further, that not less then $60,000 be provided for an additional investigator for Western Massachusetts region

CLERK NUMBER: 418

Mr. Kujawski of Webster moves to amend H# 4600 in section 2 in item 1232-0100 is hereby amended by inserting after the word “Laws” the words “prior appropriation continued” and in section 2 in item 1232 – 0200 is hereby amended by inserting after the word “2005” the words “prior appropriation continued”.

CLERK NUMBER: 419

Mr. Stanley of Waltham moves that the bill be amended in Section 2, by striking item 7010-0017; and in item 5930-1000, by striking out the figures “160,220,259” and inserting in place thereof the figures “162,522,049”.

CLERK NUMBER: 420

Mr. Pedone of Worcester and Mr. DiMasi of Boston 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 “$425,124,325”; and in item 4406-3000, by striking out the figures “$28,000,000” and inserting in place thereof the figures “$31,000,000”; and in said item by adding at the end thereof the following: “provided, however, that not less than $ 750,00 shall be expended from this item for the women’s shelter operated by SMOC of Massachusetts at the People in Peril shelter in the City of Worcester”

CLERK NUMBER: 421

Mr. Pedone of Worcester, Mr. Leary of Worcester, Mr. Spellane of Worcester, Mr. Binienda of Worcester and Mr. Fresolo of Worcester 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 there of the figures “$427,374,325”; and in item 4406-3000, by striking out the figures “$28,000,000” and inserting in place thereof the figures “$28,750,000”; and in said item by adding at the end thereof the following: “provided, however, that not less than $750,000 shall be expended from this item for the women’s shelter operated by SMOC of Massachusetts at the People in Peril shelter in the City of Worcester”

CLERK NUMBER: 422

Mr. Hynes of Marshfield moves that the bill be amended by adding at the end thereof the following section:

”Notwithstanding any law or regulation to the contrary, any pistol designed expressly for use in target shooting competitions, including but not limited to official, Olympic style international shooting competitions, shall be exempt from any law or regulation considering them to be unsafe or requiring testing or other such requirement or requiring them to be registered. Such pistols shall include, but not be limited to, those that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting.”

CLERK NUMBER: 423

Representative Peisch of Wellesley moves that the bill be amended in section 2, in item 8000-0010, by adding at the end thereof the following:

“Provided that no less than $50,000 be allocated to the Wellesley Police Department.”

CLERK NUMBER: 424

Representative Peisch of Wellesley moves that the bill be amended in section 2, in item 8000-0010, by adding at the end thereof the following:

“Provided that no less than $50,000 be allocated to the Weston Police Department.”

CLERK NUMBER: 425

Mr. deMacedo of Plymouth and Mr. O’Brien of Kingston moves that the bill be amended in section 2, in item 2810-0100, by adding at the end thereof the following:- “and provided further, that $99,000 shall be expended for repairs to the portico at Pilgrim State Park”; and in said item by striking the figures “16,599,682” and inserting in place thereof the following: $16,698,682

CLERK NUMBER: 426

Ms. Story of Amherst, Mr. Smizik of Brookline, Ms. Paulsen of Belmont, Ms. Khan of Newton, Ms. Donovan of Woburn, Mr. Kulik of Worthington, Mr. Scibak of South Hadley, Ms. Balser of Newton, Ms. Spiliotis of Peabody, Mr. Linsky of Natick, Ms. Gobi of Spencer, Mr. Donelan of Orange, Mr. Verga of Gloucester, Mr. Rushing of Boston, move that the bill be amended in section 2, in item 7100-0500, by striking out the figures “$1,680,700” and inserting in place thereof the figures “$1,715,000”.

CLERK NUMBER: 427

Representative Knuuttila of Gardner moves that the bill be amended in section 2, in item 7003-0702, in line 2, by inserting after “$150,000 shall be expended for the center for women and enterprise” the following:- “; and provided further, that not less than $8,000 shall be expended for the Bonnie Brae Camp in Gardner”; and in said item by striking out the figures “$4,000,000” and inserting in place thereof the figures “$4,008,000”; and in section 2 in item 8900-0001 by striking out the figure “$428,124,325” and inserting in place thereof the following figure:- “$428,116,325”.

CLERK NUMBER: 428

Ms. Creedon of Brockton, Mr. Hynes of Marshfield, Mr. Fallon of Malden, Ms. L’Italien of Andover, Mr. Murphy of Burlington, Mr. Eldridge of Acton, Mr. Donato of Medford, Mr. Linsky of Natick, Ms. Gobi of Spencer, Ms. Canavan of Brockton, Mr. Ayers of Quincy, Mr. Fallon of Malden, Mr. Golden of Lowell, Ms. Spiliotis of Peabody, Ms. Gomes of Harwich, Mr. Galvin of Canton, Ms. Teahan of Whitman, Ms. Grant of Beverly, Ms. Blumer of Framingham, Mr. Festa of Melrose,, Mr. Fagan of Taunton, Mr.. Krennedy of Brockton move that the bill be amended by adding the following new section:

SECTION______.

Section 329 and 330 of Chapter 26 of the Acts of 2003 are hereby repealed in their entirety”; and in item 8900-0001 by striking out the figures “$ 428,124,325” inserting in place the figures
$ 420,124,325”.

CLERK NUMBER: 429

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

Section 40E of chapter 82 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out in line 2 the word five hundred and inserting in place thereof the following words: - one thousand;

And further striking out in line 3 the words one thousand and inserting in place thereof the following words: - five thousand;

And further striking out in line 3 the words five thousand and inserting in place thereof the following words: - ten thousand.

CLERK NUMBER: 430

Mr. Rush of Boston, Mr. Smizik of Brookline, Mr. Toomey of Cambridge, Mr. LeDuc of Marlborough, Mr. Timilty of Milton, Mr. Donelan of Orange, Mr. Sullivan of Fall River, Mr. Verga of Gloucester, Ms. Spilka of Ashland, Ms. Peich of Wellesley, Ms. Teehan of Whitman, Ms. Rivera of Springfield and Ms. Malia of Boston move that the bill be amended in section 2, in item 4800-1100, by striking out the figures “133,351,560” and inserting in place thereof the figures “139,951,560”; and in item 1201-0100 by striking out the figures “107,470,805” and inserting in place thereof the figures “100,870, 805”.

CLERK NUMBER: 431

Mr. Rush Of Boston And Mr. Fallon Of Malden move that the bill be amended in section 2, by striking out section 57.

CLERK NUMBER: 432

Representative Mariano of Quincy moves that the bill be amended by adding at the end thereof the following two sections: -

SECTION .
Section 3 of chapter 32A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first three sentences and inserting in place thereof the following three sentences: -
There shall be established within the executive office of administration and finance, but not under its jurisdiction, a special unpaid commission, to be known as the group insurance commission, consisting of the commissioner of administration and finance, the commissioner of insurance, the attorney general or his designee, and eight members to be appointed by the governor, one of whom shall be a health economist, one of whom shall be a retired state employee selected from a pool of two candidates nominated by the Retired State, County and Municipal Employees Association of Massachusetts, one of whom shall be a full-time state employee selected from a pool of two candidates nominated by the Massachusetts Public Employee Council #93, AFSCME, Massachusetts State Labor Council, AFL-CIO, one of whom shall be a full-time state employee selected from a pool of two candidates nominated by the National Association of Government Employees, one of whom shall be a full time state employee selected from a pool of two candidates nominated by Local 254, SEIU, Massachusetts State Labor Council, AFL-CIO, and one of whom shall be a member of the Massachusetts Teachers Association selected from a pool of two candidates nominated by said association. No appointed member of the commission shall be an insurance agent, broker, employee or officer of any insurance company. Six members of the commission shall constitute a quorum, and the affirmative vote of six members shall be necessary for any action to be taken by the commission.

SECTION .
Notwithstanding any general or special law to the contrary, the terms of office of the current members of the group insurance commission appointed by the governor under section three of chapter thirty-two A of the General laws shall expire on June thirtieth, two thousand and four, and the terms of members of the commission to be appointed pursuant to said section three, as amended by section one of this act, shall begin on July first, two thousand and four. No action shall be taken by the commission until the governor has appointed all of the appointive members pursuant to said section three, as amended.

CLERK NUMBER: 433

Mr. Mariano of Quincy moves that the bill be amended in section 2, in item 7000-9501, by adding at the end thereof the following:

“; and provided further, that not less than $100,000 shall be expended for handicap accessibility at the Holbrook Public Library”.

CLERK NUMBER: 434

Mr. Mariano of Quincy moves that the bill be amended by adding at the end thereof the following section:

Notwithstanding the provisions of any general or special law or regulation to the contrary, the division of medical assistance may expend, subject to federal approval, an amount not to exceed $77,399,518 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for title XIX payments to the Quincy Medical Center. The payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the commonwealth’s Title XIX state plan, and the terms and conditions of agreements reached with the division for such payments. No such funds shall be expended unless the Quincy Medical Center has executed the division of medical assistance’s current Acute Hospital Request for Applications and Contract, and the City of Quincy makes an intergovernmental funds transfer in the amount specified in an agreement, which amount shall be not less than 50 per cent of the Title XIX payment. No such funds shall be expended unless the Quincy Medical Center repays the state loan pursuant to chapter 94 of the acts of 1999. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of paragraph (o) of section 18 of chapter 118G of the General Laws.

CLERK NUMBER: 435

Mr. Mariano of Quincy moves that the bill be amended by adding at the end thereof the following section:

Section 1 of Chapter 258 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the definition of "Public employer" and inserting in place thereof the following definition: -

"Public employer'', the commonwealth and any county, city, town, educational collaborative, or district, including any public health district or joint district or regional health district or regional health board established pursuant to the provisions of section twenty-seven A or twenty-seven B of chapter one hundred and eleven, and any department, office, commission, committee, council, board, division, bureau, institution, agency or authority thereof including the Massachusetts Water Resources Authority and a local water and sewer commission including a municipal gas or electric plant, a municipal lighting plant or cooperative which operates a telecommunications system pursuant to section 47E of chapter 164, department, board and commission, which exercises direction and control over the public employee, but not a private contractor with any such public employer, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Massachusetts Turnpike Authority, or any other independent body politic and corporate. With respect to public employees of a school committee of a city or town, the public employer for the purposes of this chapter shall be deemed to be said respective city or town.

SECTION 2. Section 8(i) of Chapter 372 of the Acts of 1984 is hereby amended by inserting at the end thereof the following: -

The Authority shall be deemed to be a "Public Employer" as defined by and for all purposes of Chapter 258 of the Massachusetts General Laws. Nothing in Chapter 258 of the Massachusetts General Laws shall be construed as abridging or restricting any rights or defenses to civil actions as provided for in Section 6(f) of Chapter 372 of the Acts of 1984. CLERK NUMBER: 436

Mr. Mariano Of Quincy moves that the bill be amended in section 2, in item 4590-0250, by adding at the end thereof the following:

“provided that the department shall implement a vision screening program for children, whereby, upon entering kindergarten or within 30 days of the start of the school year, each child shall present to school health personnel certification of having passed a vision screening within the previous twelve months, conducted by personnel as approved by the department of public health and trained in the Massachusetts approved vision screening techniques to be developed by the department of public health in consultation with the department of education. In the event of failure to pass the approved Massachusetts vision screening and for children diagnosed with neurodevelopmental delay, proof of a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child's parents or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment if necessary must be provided”.

CLERK NUMBER: 437

Mr. Spellane Of Worcester move that the bill be amended in section 2 by inserting after item 7116-0101 the following item:
“7116-0102. That not less than $250,000 shall be expended for improvements and expansion to Rockwood Field located at Worcester State College.
And moves to further amend the bill in section 2 in item 1100-1100 by striking the figure "3,297,608" and inserting in place thereof the following figure 3,047,608”.

CLERK NUMBER: 438

Mr. Spellane, Mr. Leary, Mr. Pedone, Mr. Binienda, and Mr. Fresolo of Worcester, and Ms. Paulsen of Somerville move that the bill be amended in section 2, by striking out section 30 and inserting in place thereof the following section:

30A. Section 89 of chapter 71 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subsection (nn) and inserting in place thereof the following subsection:-
(nn). Commonwealth charter schools shall be funded as follows: the commonwealth shall pay a tuition amount to the charter school equal to the sum of (a)the appropriate foundation budget rate(s) of sending district as defined in section 2 of chapter 70 for each student attending the Commonwealth charter school to include the assumed in-district special education enrollment, (b)an average amount per student that the sending community spends in excess of the total foundation budget for costs that qualify for a sending district’s net school spending as defined in section 2 of chapter 70, and (c)an average amount spent per pupil by the sending district on fixed assets; acquisition, improvement; and replacement of fixed assets and school choice revolving expenditures. The state treasurer is hereby authorized and directed to deduct said charter school tuition amount from the total education aid, as defined in said chapter 70, of district in which the student resides prior to the distribution of said aid. In the case of a child residing in a municipality which belongs to a regional school district, the charter school tuition amount shall be deducted from said chapter 70 education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from provisions of chapter 70 by accepting section 14 of said chapter 70, the commonwealth shall assess said district for said excess amount. The state treasurer is hereby further authorized to disburse to the charter school an amount equal to each student’s charter school tuition amount as defined above. The board of education shall adopt regulations for determining the average cost per student in calculating charter school tuition amounts for the purpose of this subsection”.

CLERK NUMBER: 439

Mr. Spellane Of Worcester 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 “53,228,078”; and in item 0640-0010, by striking out the figures “10,000,000” and inserting in place thereof the figures “8,241,440”.

CLERK NUMBER: 440

Mr. Spellane and Mr. Pedone of Worcester move that the bill be amended in section 75, by inserting in the first paragraph after the second sentence the following:

“Said secretary shall provide a $500,000 one-time grant from said Fund for a community health center that serves as a family practice residency training site for a commonwealth funded medical school and that assumed the primary care services of the former Worcester City Hospital.

CLERK NUMBER: 441

Mr. Spellane Of Worcester moves that the bill be amended by adding at the end thereof the following section:
Section 4 of Chapter 62 as amended by Section 13 of Chapter 186 of the Acts of 2002 is hereby amended by striking paragraph (b) and inserting in place thereof the following paragraph: --
(b) Part B taxable income shall be taxed at the rate of 5.95 percent for tax years beginning on or after January 1, 2004.

CLERK NUMBER: 442

Mr. Spellane Of Worcester moves that the bill be amended in section 2, in item 7116-0101, by striking out the figures “196,000” and inserting in place thereof the figures “200,000”.

CLERK NUMBER: 443

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

“SECTION ___. Section 19 of chapter 25 of the General Laws, as most recently amended by section 9of chapter 46 of the Acts of 2003, is hereby amended by inserting after the fifth sentence the following sentence:- Demand side management programs shall include a program to provide a rebate at the time of purchase of 5% of the purchase price for clothes washers, refrigerators or dishwashers which meet or exceed applicable energy savings requirements developed by the United States Department of Energy for the ENERGY STAR ® program”.

CLERK NUMBER: 444

Mr. Scaccia of Boston moves that the bill be amended in section 2, in item 7000-9506, by striking out the figures “341,811” and inserting in place thereof the figures “5,770,000”; and in item 8000-0040, by striking out the figures “46,087,247” and inserting in place thereof the figures “40,659,058”.

CLERK NUMBER: 445

Mr. Scaccia of Boston moves that the bill be amended in section 2, in item 0640-0300, in line 20, by inserting after “exceed $100,000” the following:

“;provided further, that not less than $50,000 shall be expended for the purposes of the operation of the programs of the Riverside Theatre Works, an organization located in Hyde Park, Massachusetts;”

CLERK NUMBER: 446

Mr. Scaccia of Boston moves that the bill be amended in section 2 by inserting after item 4403-2000 the following item:
“4403-2001. For the Lift Transportation Program operated by the Traveler’s Aid Society of Boston…….$95,000”

CLERK NUMBER: 447

Mr. Nangle moves to amend the bill in section 2 in item 8900-0001 by inserting after the words “sex offender registry board” the following: - “and provided further, that the department may expend up to $1,000,000 for the Massachusetts Parole Board implementation of a global positioning system utilizing tamper free ankle bracelets to track level 3 sex offenders actively on parole.”
CLERK NUMBER: 448
Mr. Petruccelli of Boston moves that the bill be amended by adding at the end thereof the following new section:-

SECTION X. Section 131J of Chapter 140 of the General Laws, as appearing in the 2002 edition, shall be amended, by adding at the end thereof the following:-
The provisions of this section shall not apply to any federal, state, or local law enforcement officer, or law enforcement officer of any other state, acting in the discharge of his official duties; nor to any person, firm or agency supplying such devices to any said law enforcement agencies.

CLERK NUMBER: 449

Mr. Lantigua of Lawrence moves that the bill be amended in section 2, in item 7035-0002, in line 6, by inserting after “programs;” the following:

“provided further, that not less than $100,000 be expended to Casa Dominican in Lawrence”,

CLERK NUMBER: 450

Mr. Lantigua of Lawrence moves that the bill be amended in section 2, in item 4406-3000, in line 3, by inserting after “indigent” the following:

"provided further, that not less than $100,000 be expended for Neighbors in Need in Lawrence,