CLERK NUMBER: 452

Mr. Lantigua of Lawrence moves that the bill be amended in section 2, in item 7007-0950, in line 6, by inserting after “sources” the following:

"provided further, that not less than $100,000 be expend to Arlington Neighborhood Association in Lawrence,"

CLERK NUMBER: 453

Lantigua Of Lawrence moves that the bill be amended in section 2, in item 1102-3205, in line 4, by inserting after “center” the following:

“provided further that not less than $100,000 be expended for the Lawrence Fire Department.”

CLERK NUMBER: 454

Lantigua Of Lawrence moves that the bill be amended in section 2, in item 7061-9404, in line 19, by inserting after “MCAS” the following:

“provided further that not less than $100,000 be expended for the Lawrence Learning Center and Community Development in the City of Lawrence.”

CLERK NUMBER: 455

Lantigua Of Lawrence moves that the bill be amended in section 2, in item 7007-0950, in line 4, by inserting after “Partnership” the following:

“provided further that not less than $100,000 be expended for the New England Puerto Rican Association”

CLERK NUMBER: 456

Lantigua of Lawrence moves that the bill be amended in section 2, in item 7035-0002, in line 6, by inserting after the word “programs;” the following: “provided further, that not less than $1,000,000 be expended for Our House Family Learning Center,” and in said item striking out the figures “$27,813,209” and inserting in place thereof the figures “$28,813,209”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$106,470,805”.

CLERK NUMBER: 457

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

Chapter 266 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end thereof the following new section:-

SECTION_____. Whoever steals motor fuel as defined in Section 295 A of Chapter 94 of the General Laws shall, for a first offense, be punished by a fine of not less than one-hundred dollars and by reason thereof shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate for at least one month.

For a second offense, the defendant shall pay a fine of at least two hundred dollars and shall by reason thereof shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate for at least two mont

CLERK NUMBER: 458

Mr. Hynes of Marshfield moves that the bill be amended in section 27 by striking out the words “Following the implementation of the guidelines for criminal justice and law enforcement programs, as approved by the board of higher education, said board shall certify career incentive pay increases only for students who have graduated from New England Association of School and Colleges accredited or board approved law schools and who have passed the Massachusetts Bar Examination.”

CLERK NUMBER: 459

Mr. Carron Of Southbridge, Mr. Kujawski Of Webster move that the bill be amended by adding at the end thereof the following section(s):

Section _______.
“Section 1. Notwithstanding any general or special law to the contrary, the Charter of the Town of Oxford is amended as herein provided to provide that the Development and Industrial Commission shall consist of five members appointed by the Town Manager for five year overlapping terms in accordance with the provisions of General Laws, Chapter 40, Section 8A.
Section 2. Notwithstanding the provisions of Section 1, the incumbent members of the Development and Industrial Commission shall continue to hold said appointments and to perform the duties thereof until the expiration of the term for which said individuals were appointed.
Section 3. The Charter of the Town of Oxford is amended as herein provided:
A. Strike Section 9-6-1.
B. Add a new Section 9-6-1 as follows: A Development and Industrial Commission of five members shall be appointed by the Town Manager for the five year overlapping terms in accordance with the provisions of General Laws, Chapter 40, Section 8A.”

CLERK NUMBER: 460

Ms. Creedon of Brockton, Ms. Canavan of Brockton and Mr. Kennedy of Brockton, move that the bill be amended by adding at the end thereof the following section:

SECTION_________.

Chapter 28 of the Acts of 2002 is hereby amended in Section 2 by striking the words “2 Years” and inserting in place thereof the following words “4 Years”.
CLERK NUMBER: 461

Mr. O’Flaherty of Chelsea moves to amend the bill in section 2 in item 2820-0100 by adding at the end thereof the following:-
Provided further, that said Division shall file a report with the house and senate committees on ways and means no later than October 1, 2004 on the reconstruction on the Vietnam Veterans Memorial Pool in Chelsea; provided further, that said report shall include, but not be limited to the following: (a) the current condition of the pool and all related structures, (b) a detailed list of all structural deficiencies, (c) a detailed cost estimate to repair said pool and structures, (d) an estimate of the time to complete said repairs, (e) and any other information that said division deems necessary for the completion of this report

CLERK NUMBER: 462

Mr. DiMasi of Boston 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 “$426,124,325”; and in item 4406-3000, by striking out the figures “$28,000,000” and inserting in place thereof the figures “$30,000,000”

CLERK NUMBER: 463

Mr. O’Flaherty of Chelsea moves to amend the bill by adding at the end thereof the following new section:—

SECTION Item 2840-2016 of section 2 of chapter 236 of the acts of 2002 is hereby amended by inserting at the end thereof the following:— and provided further, that not less than $5,000,000 shall be expended for the repair, renovation and reconstruction of Vietnam Veterans Memorial Pool in the city of Chelsea

CLERK NUMBER: 464

Representatives Nyman of Hanover, Reinstein of Revere and Toomey of Cambridge move that the bill be amended by adding at the end thereof the following section(s):

Chapter 148 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 34 the following three sections:-

Section 34A.
(a) Any owner, occupant, lessee, or other person having control or supervision of any assembly use group building as defined by the state building code and who causes or permits a dangerous condition to exist on the premises at anytime shall be punished by a fine of not more than $5,000.00 dollars or by imprisonment in the house of correction for not more than 2 ½ years, or both.
For the purposes of this section, “dangerous condition” shall mean:
1) Any blocked or impeded ingress or egress;
2) The failure to maintain or the shutting off of any fire protection or fire warning system required by law;
3) The storage of any flammable or explosive without a properly issued permit of in quantities in excess of allowable limits of any permit to store;
4) The use of any firework or pyrotechnic device, as defined by the board of fire prevention regulations, without a properly issued permit; or
5) Exceeding the occupancy limit established by the local building inspector pursuant to chapter 143.
Nothing in this section shall preclude the issuance of a citation for a code violation, as provided for by chapter 148A for violations relating to the above described dangerous conditions.
(b) Whoever, having previously been convicted of violating the preceding paragraph, is found guilty for a second or subsequent violation of this section shall be punished by a fine of not more than $25,000.00 dollars or by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 2 ½ years, or both such fine and imprisonment.

Section 34B
Any person who violates any provision of the state building code or state fire code under circumstances that result in serious bodily injury or death to any person shall be punished by a fine of not more than $25,000.00 dollars or by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 2 ½ years, or both such fine and imprisonment.

Section 34C.
Whoever violates any provision of the state building code or state fire code, including any incorporated specialized codes, or any lawful order of the marshal, the head of the fire department or a state or local building inspector after actual notice of such violation or such order, shall be punished by a fine or not more than $1,000.00 dollars or by imprisonment for up to 1 year or by both such fine and imprisonment. Such notice may be given by personal service, by posting the same in a conspicuous place on the premises affected thereby or by the lawful issuance of a citation pursuant to chapter 148A. Notwithstanding any other law to the contrary, the housing court, the district court, or the superior court shall have jurisdiction and equitable powers to enforce the lawful orders of the marshal or head of the department pursuant to chapter 148.

CLERK NUMBER: 465

Representatives LeDuc of Marlborough, Scaccia of Boston and Vallee of Franklin move that the bill be amended by adding at the end thereof the following section(s):

Section 12 of Chapter 118E is hereby amended by inserting at the end thereof the following: -

Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division shall not require prior authorization or impose any other restriction on rescue medications used to treat pediatric asthma. The division shall make available rescue medications for children under 18 years old with asthma, and other medications used for the treatment of asthma without restriction or without preference for one medication over another or one class of medications over another.

Ms. Owens-Hicks Of Boston And Mr. Walsh Of Boston move that the bill be amended in section 2, in item 0810-0000, in line 8, by inserting after “claim” the following:

"providing furhter, that not more than $236,000 shall be expended for the funds apporpriated in this item for the Ella J. Baker House and the Tieng Xanh-Voice Program" and further amended by striking the figure "$20,851,774" and inserting in place thereof the figure "$21,087,774";
and further amend in Section 2, in item #1100-1100 by striking the figure "$3,297,608" and inserting in place thereof the figure "$3,061,608".

CLERK NUMBER: 466

Ms. Owens-Hicks Of Boston And Mr. Walsh Of Boston move that the bill be amended in section 2, in item 0810-0000, in line 8, by inserting after “claim” the following:

"providing further, that not more than $236,000 shall be expended for the funds apporpriated in this item for the Ella J. Baker House and the Tieng Xanh-Voice Program" and further amended by striking the figure "$20,851,774" and inserting in place thereof the figure "$21,087,774";
and further amend in Section 2, in item #1100-1100 by striking the figure "$3,297,608" and inserting in place thereof the figure "$3,061,608".

CLERK NUMBER 467

Ms. Owens-Hicks Of Boston move that the bill be amended in section 2, in item 4590-0250, in line 8, by inserting after “services” the following:

"provided further, that $99,000 shall be expanded to the H.E.L.P. Program so-called for black males health;"

CLERK NUMBER: 468

Mr. Peterson of Grafton moves that the bill be amended by adding at the end thereof the following sections:
Section . (a) There shall be a special commission to investigate and study the feasibility of constructing a new inpatient facility in central Massachusetts for clients of department of mental health and other persons with mental illness who require hospitalization or continuing care in a hospital setting. The study shall include, but not be limited to design features of any such facility, costs of construction, financing strategies, timeline for development and construction, administration of any such facility, and the sitting of any such facility. The commission shall consist of fifteen members as follows: five members of the house, one member appointed by minority leader, four appointed by the speaker of the house, three members of the senate, one appointed by the minority leader, two appointed by the president of the senate; the secretary of administration and finance or his designee; the commissioner of the department of mental health, or her designee; the commissioner of the department of capital asset management and maintenance, or his designee; a representative from American Federation of State County and Municipal employees; a representative from Mass Nurses Association and 2 representatives from the national alliance for the mentally ill of Massachusetts. The commission shall report to the general court the results of its study together with recommendations and drafts of legislation by filing the same with the clerks of the senate and the House of Representatives on or before April 1, 2005.
(b) No action shall be taken to reduce the client populations of Worcester State Hospital or Westborough State Hospital for the sole purpose of closing either or both of said hospitals, and not steps shall be taken to close either institution through attrition, layoffs or other means until the report of the special commission established in subsection (a) of this section has been filed and the general court shall have approved the closure of Worcester State Hospital or Westborough State Hospital, or both facilities.

CLERK NUMBER: 469

Mr. Nyman of Hanover, Ms. Reinstein of Revere and Mr Toomey of Cambridge move that the bill be amended by adding at the end thereof the following section(s):

Chapter 143 of the General Laws is hereby amended by adding the following section:
Section 101: In the case of new construction of a school, school dormitory, assisted living facility, assisted living residence, or respite care facility, or in the case of a major addition to an existing school, school dormitory, assisted living facility, assisted living residence, or respite care facility, where such new construction or major addition is more than seventy-five hundred gross square feet in floor area, or contains four or more dwelling units, said construction shall meet the construction standards of the state building code, and be of at least type 1-B fireproof construction. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub-basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. In addition, no existing building shall be converted from any other use group to a school, school dormitory, assisted living facility, assisted living residence or respite care facility, unless the building is of at least type 1-B fireproof construction, or is upgraded to at least type 1-B fireproof construction. Owners of such buildings may be eligible for a rate reduction on fire insurance. The inspector of buildings, building commissioner or local inspector shall enforce the provisions of this section.

Whoever is aggrieved by the inspector of buildings, building commissioner or local inspectors interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction, or failure to act, to the board of appeals as provided in the state building code and section eight of chapter forty A.

CLERK NUMBER: 470

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

Section ______ The third paragraph of Section 3 of 150E of the General Laws as appearing in the 2002 Official Edition should be amended by striking out the first sentence and inserting in place the following sentence:

The appropriate bargaining unit in the case of the uniformed members of the state police shall be a public safety professional unit composed of all such uniformed members in titles below that of major and above that of sergeant and a unit composed of all such uniformed members in titles below that of lieutenant.

CLERK NUMBER: 471

Mr. O'Flaherty of Chelsea moves that the bill be amended by adding at the end thereof the following section(s):

SECTION . Section 8 of chapter 218 of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Each district court shall have a clerk and the central division of the Boston municipal
court department shall have one clerk as provided in section 52A.
SECTION ____. Chapter 218 of the General Laws is hereby amended by inserting the following new section:--
Section 52A. The central division of the Boston municipal court department shall have one clerk for both criminal and civil business. The position of clerk for civil business shall be abolished when said position becomes vacant and the duties of such clerk shall be assumed by the clerk for criminal business who shall be hereinafter the one clerk for the said central division of the Boston municipal court department. Any reference in any general or special law to a clerk of the Boston municipal court for civil business shall be construed to refer to the one clerk of the central division of the Boston municipal court department as proscribed herein.
SECTION ____. Said chapter 218 of the General Laws is hereby further amended by striking out section 53 and inserting in place thereof the following new section:- Section 53. In the central division of the Boston municipal court department, there shall be one
clerk and the same number of assistant clerks of said court as were authorized in statute on January first, two thousand three, The assistant clerks shall be appointed by the clerk, subject to the approval of the chief justice for administration and management with respect to compliance with the personnel standards promulgated under section eight of chapter two hundred and eleven B, and the clerk shall be responsible for the doings of his assistants, and may remove them at his pleasure. The salary of the clerk shall be seventy-five and forty-seven hundredths percent of the salary of the chief justice of the department, and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks shall be seventy-seven percent of the salary of the clerk, and shall be paid, subject to appropriation, by the commonwealth.
The clerk and assistant clerks shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.
Each assistant clerk of said court appointed to such position prior to January first, nineteen hundred and eighty-seven and serving continuously thereafter, shall be entitled to thirty days vacation and thirty days sick leave in each calendar year. Each such assistant clerk may accumulate vacation leave and sick leave not used in any such year; provided, however, that the number of vacation days so accumulated shall not exceed sixty and the total amount of sick leave so accumulated shall not exceed one hundred and eighty days; and provided, further, that no additional such days shall be accumulated on or after said January first except in accordance with the policies and procedures established by the chiefjustice for administration and management pursuant to section eight of chapter two hundred and eleven B. All other clerks and assistant clerks of said court shall be entitled to vacation leave and sick leave in accordance with the
policies and procedures established by the chief justice for administration and management pursuant to said section eight.
Assistant clerks appointed under authority of this paragraph who have held said appointment for three consecutive years shall hold office during good behavior, but subject to applicable retirement laws, and may be removed by the clerk for cause shown, subject to the procedures authorized by section eight of chapter two hundred and eleven B.
The clerk may designate such employees in his office as in his judgment may be necessary for the convenience of the public, as deputy assistant clerks of said court who shall have the same authority to administer oaths as the assistant clerks of said court.
SECTION ____. Said chapter 218 is hereby further amended by striking out section 53A and inserting in place thereof the following new section:
Section 53A. In case of the absence, death or removal of a salaried assistant clerk of the central division of the Boston municipal court department, the clerk of said court may, subject to the approval of the chief justice, appoint a temporary assistant clerk, to act until such assistant clerk resumes his duties or until the vacancy is filled.
SECTION ____. Said chapter 218 is hereby further amended by striking out section 56 and inserting the following new section:
Section 56. The clerk shall, on or before the tenth day of each month, account for and pay over to the collector of the city of Boston or to the state treasurer, as the case may be, the balance due and payable at the end of the preceding month of all money received by them payable by law to the city of Boston or to the commonwealth, and shall render to said officers a detail account thereof under oath. Violation of this section shall be punished by a fine of not more than one hundred dollars.
SECTION ____. Section 75B of said chapter 218 is hereby amended by striking out the words “for criminal business”.

CLERK NUMBER: 472

Mr. Nyman of Hanover, Ms. Reinstein of Revere and Mr Toomey of Cambridge move that the bill be amended by adding at the end thereof the following section(s):

Section _______Chapter 143 of the General Laws is hereby amended by adding the following section:
Section 101: In the case of new construction of a school, school dormitory, assisted living facility, assisted living residence, or respite care facility, or in the case of a major addition to an existing school, school dormitory, assisted living facility, assisted living residence, or respite care facility, where such new construction or major addition is more than seventy-five hundred gross square feet in floor area, or contains four or more dwelling units, said construction shall meet the construction standards of the state building code, and be of at least type 1-B fireproof construction. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub-basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. In addition, no existing building shall be converted from any other use group to a school, school dormitory, assisted living facility, assisted living residence or respite care facility, unless the building is of at least type 1-B fireproof construction, or is upgraded to at least type 1-B fireproof construction. Owners of such buildings may be eligible for a rate reduction on fire insurance. The inspector of buildings, building commissioner or local inspector shall enforce the provisions of this section.

Whoever is aggrieved by the inspector of buildings, building commissioner or local inspectors interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction, or failure to act, to the board of appeals as provided in the state building code and section eight of chapter forty A.

CLERK NUMBER: 473

Mr. Hillman of Sturbridge moves to amend the bill by striking out Section 75.

CLERK NUMBER: 474

Mr. Hillman of Sturbridge moves to amend the bill, in Section 75, by inserting after the words "Boston residents" the following:- "Said secretary shall expend not less than $1,000,000 of available funds from said Fund for a one-time grant for Wing Memorial Hospital in the town of Palmer. Said secretary shall expend not less than $1,000,000 of available funds from said Fund for a one-time grant for Mary Lane Hospital in the town of Ware.”

CLERK NUMBER: 475

Mr. O’Flaherty of Chelsea moves that the bill be amended by adding at the end thereof the following sections:

Section ____. Chapter 262, as appearing in the 2002 Official Edition, and as most recently amended by section 497 of chapter 26 of the Acts of 2003, is hereby amended by striking out section 2A in its entirety.

Section ____. Chapter 262, as appearing in the 2002 Official Edition, and as most recently amended by section 502 of chapter 26 of the Acts of 2003, is hereby amended by striking out section 4D in its entirety.

CLERK NUMBER: 476

Ms. Garry Of Dracut move that the bill be amended by adding at the end thereof the following section(s):

SECTION ___________. Section 57 of Chapter 59 of the General Laws, as most recently amended by Section 52 of the Acts of 2003, is hereby amended by striking out the last sentence of the first paragraph and inserting in place thereof the following new sentence: A real estate tax bill sent out for fiscal year 2006 or any subsequent period pursuant to this section shall contain a statement that there exists a delinquency if any tax, betterment assessment or apportionment thereof, water rate, annual sewer use, or other charge which may constitute a lien is overdue more than 90 days.

CLERK NUMBER: 477

Ms. Garry Of Dracut move that the bill be amended by adding at the end thereof the following section(s):

SECTION ___________. Section 57C of Chapter 59 of the General Laws, as most recently amended by section 46 of Chapter 46 of the Acts of 2003, is hereby amended by inserting in the first paragraph, after the second sentence, the following new sentences: The preliminary tax shall in no event exceed fifty percent of one hundred and two and one-half percent of the tax payable during the preceding fiscal year and of the amount by which such tax would have increased if any referendum question submitted to the voters under the provisions of paragraph (g), (i1/2), (j), or (k) of section twenty-one C and approved for the fiscal year had been approved for the preceding fiscal year. In the case of cities and towns with semi-annual tax payments, the preliminary tax shall be due and payable in 1 installments, due on October 1, after which dates, if upaid, they shall become delinquent and subject to interest as provided herein.

CLERK NUMBER: 478

Mr. Miceli of Wilmington moves that the bill be amended in section 2, by inserting in line item 6010-0001 line 27 after the word “areas” the language “; provided further that $249,000 be expended for the design and construction of traffic lights at the intersection of South Street and Salem Street in the Town of Tewksbury” and in said item by striking out the figures “14,657,993” and inserting in place thereof the figures “14,906,993” and in item 6010-0002, by striking out the figures “14,253,357” and inserting in place thereof the figures “14,004,357”.

CLERK NUMBER: 479

Mr. Micei of Wilmington moves that the bill be amended by inserting after SECTION 63 the following section(s):

SECTION 63A.Tewksbury hospital campus and all state owned land in the Town of Tewksbury is hereby exempt from the provisions of Section 548 of Chapter 26 of the Acts of 2003.

CLERK NUMBER: 480

Mr. Miceli of Wilmington moves that the bill be amended in section 2, in item 0526-0100 line 2 by inserting after the word “archives” the words “; provided further that $103,500 be expended for the historical renovation of the West School in the Town of Wilmington.” and in said item by striking out the figures “792,856” and inserting in place thereof the figures “896,356.” and in line item 6010-0002, by striking out the figures “14,253,357” and inserting in place thereof the figures “14,149,857”

CLERK NUMBER 481

Mr. Kelly Of Dalton moves that the bill be amended by adding at the end thereof the following section(s):

SECTION 1. 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 2. 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 October 1998.

CLERK NUMBER 482

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

SECTION 1. Chapter 270 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section five, the following section:—
Section 5A. Definitions. As used in this section and section 6 the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Tobacco Products”, cigarettes, bidis, cigars, chewing tobacco, pipe tobacco, snuff, or tobacco in any of its forms.
“Retailer”, any establishment that sells tobacco products to individuals for personal consumption.
“Person”, individual, employer, employee, retail store manager or owner, or the owner or operator of any establishment engaged in the sale of tobacco products.
“Proof of age”, a motor vehicle license issued pursuant to section eight of chapter ninety, a liquor purchase identification card issued pursuant to section thirty-four B of chapter one hundred and thirty-eight, a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued military identification card.
“Local Permit”, any permit that a retailer is required to obtain by local ordinance, by-law or board of health regulation in order to sell or distribute tobacco products.
“Smoking”, inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.
SECTION 2. Said chapter 270 is hereby further amended by striking out section six, as so appearing, and inserting in place thereof the following section:—
Section 6. (a) No person under 19 years of age shall smoke, possess, or use any tobacco products in the Commonwealth.
(b) No person shall sell tobacco products or permit tobacco products to be sold to any person under 19 years of age nor shall any person give a person under 19 years of age a tobacco product.
(c) Every retailer shall verify by means of proof of age that no person purchasing tobacco products is under 19 years of age. No person under 19 years of age shall misrepresent his or her age by presenting false proof of age to purchase tobacco products. No such verification is required for any person over 26 years of age.
(d) Nothing in this section shall prohibit persons under 19 years of age from participating in compliance checks conducted in order to enforce and/or monitor compliance with this section or any other law governing the sale of tobacco products to minors or persons under 19 years of age.
(e) Any retailer who violates any provision of this section shall be fined $100 for the first offense, $200 for the second offense, and $300 for the third or subsequent offense. Any retailer who violates this act four or more times within a three year period, calculated from the date of the first offense, shall be subject to a fine of $300 for each offense and shall have his local permit suspended for seven consecutive calendar days. The Board of Health shall provide notice of the intent to suspend a tobacco permit, which notice shall contain the reasons for the permit suspension and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven days after the date of said notice. The permittee shall have an opportunity to be heard at such hearing and shall be notified of the Board's decision and reasons in writing.
(f) Any person who is under 19 years of age who violates any provision of this act may be required to perform 20 hours of community service and/or enroll in a tobacco education/cessation program; provided, however, that this section shall not apply to a person who is under 19 years of age who possesses, transports, or carries on his person tobacco products in the course of his employment.
SECTION 3. Section 6A of said chapter 270 is hereby amended by striking out in line 2 the word “eighteen” and inserting in place thereof the following:— “19”.
SECTION 4. Said chapter 270 is hereby further amended by inserting after section 7, the following section:—
Section 7A. (a) Police officers, school officials and their agents shall have the authority to confiscate any tobacco products from any person under 19 years of age and will return the confiscated tobacco products to said person’s parent or legal guardian upon written request within 30 days. If the tobacco product is not claimed within 30 days, the police officers, school officials and their agents shall destroy the tobacco product.
(b) In addition to the penalties provided in section six of chapter 270 upon petition of a Board of Health to the Commissioner of Revenue that a retailer has been cited in violation of said section six, four or more times within a three year period, calculated from the date of the first offense, the Commissioner of Revenue shall, after providing the retailer with notice and opportunity to be heard, suspend for 30 days the retailer’s license, issued in accordance with section 67 of chapter 62C. The Commissioner shall provide notice of the intent to suspend said license, which notice shall contain the reasons for the suspension and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven days after the date of said notice. The licensee shall have an opportunity to be heard at such hearing and shall be notified of the Commissioner’s decision and reasons in writing. Any person aggrieved by the Commissioner’s suspension of said license may within 60 days of the date of notice of such suspension appeal to the appellate tax board, whose decision shall be final.
(c) Police officers, school officials and their agents shall have the authority to confiscate any tobacco products from any person who is under 19 years of age; the Commonwealth of Massachusetts or its agents, including but not limited to the Department of Public Health, the Attorney General, and the state police; any city or town or its agent, any Board of Health or its agent, and any city or town police department, any school official or its agent may enforce all other provisions of this act. If the enforcing authority is a Board of Health or its authorized agent, any violation of this section may be disposed of by the non-criminal method of disposition procedures contained in section 21D of chapter 40 without an enabling ordinance or bylaw. If the enforcing authority is any city or town or its agent, any Board of Health or its agent, or any city or town police department, fines that are assessed pursuant to section six of chapter 270 may be payable to the city or town in which the violation of this section occurs. Any city or town may, by ordinance or bylaw, establish a fund for the disposition of any revenues received from fines levied in accordance with the provisions of section six of chapter 270, in which case, the Municipal Health Department or Board of Health shall expend said funds for the purpose of enforcing this act or any local law that regulates the sale of tobacco products.
SECTION 5. Nothing in any of the sections of this act shall be construed to preempt any existing law, ordinance, bylaw or regulation which requires a permit or license for the sale of tobacco products, or which regulates the sale, use, or distribution of tobacco products. Nothing in any of the sections of this act shall prohibit any city, town, or Board of Health from enacting or enforcing any law, ordinance, bylaw or regulation which requires a permit for the sale of tobacco products or which regulates the sale, use, or distribution of tobacco products.
SECTION 6. If the age restriction of this act is preempted under Section 360(k)(a) of Title Twenty-one of the United States Code, the Governor shall, within thirty (30) days of the effective date of this Act, apply to the Commissioner of the federal Food and Drug Administration for a waiver pursuant to Section 360(k)(b) of Title Twenty-one of the United States Code.
SECTION 7. If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.

CLERK NUMBER 483

Mr. Kelly Of Dalton moves that the bill be amended by adding at the end thereof the following section(s):

The Division of Fisheries and Wildlife is hereby instructed to study the public safety and public health impact of the proliferation of beaver dams and resulting unattended pools of water in the counties of Berkshire, Franklin, Hampden, and Hampshire. Said department shall report their recommendations to the Joint Committee on Natural Resources by January 3, 2005.

CLERK NUMBER: 484

Ms. Harkins Of Needham moves that the bill be amended by adding at the end thereof the following two sections:

SECTION .
Section 1. It is hereby declared that efficiency in the issuance of permits by local land use permit granting authorities offers environmental and economic advantages and is in the public interest. It is the intent of the general court to achieve these advantages through an act which would give municipalities the option to reorganize permitting authorities to coordinate permit reviews in order to minimize delays and unnecessary duplication, while preserving opportunity for full and adequate public participation, and without sacrificing substantive protection of public health, safety or the environment.

SECTION .
Section 1. The General Laws are hereby amended by inserting after chapter 43C the following new chapter:-

CHAPTER 43D
Section 1. The provisions of this chapter shall apply in a city after acceptance by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B or Plan F charter; by a majority vote of the city council, in this case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special town meeting called for the purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government.
Sections two through five must be adopted together, but collectively may be adopted without section six or seven. If section six is adopted sections two through five must also be adopted. Section seven may be adopted separately. The adoption of any portion of this chapter shall be deemed to be an amendment to any contrary provisions of law, a local charter or laws having the force of a charter.
Section 2. Unless a contrary intention clearly appears, the following words or terms shall have the following meanings:--
“Issuing Authority”, any local board, commission, department, or other municipal entity, that is responsible for issuing permits, granting approvals, or otherwise involved in land use development.
“Municipality,” shall mean the locality acting through the relevant issuing authority or authorities as it pertains to actions required or allowed by this chapter.
“Permit”, any permit, formal determination, order of conditions, license, certificate, authorization, registration, plan approval, or other approval for land use or development required by any department, or office within the municipality under statutory authorities contained in chapter forty A, chapter forty-one, sections eighty-one X through eighty-one GG, chapter forty-one of the General Laws, sections eighty-one A through eighty-one J, chapter one hundred and thirty-one, sections forty and forty A, chapter one hundred and eleven, sections twenty-six through thirty-two, chapter forty A, sections twelve through seventeen, chapter forty C or chapter seven hundred and seventy-two of the Acts of 1975, and all associated regulations, by-laws and rules. The term “permit” shall not include the licensing of an individual to engage in a profession, or the decision of an agency to dispose of property under its management or control. The term “permit” shall also not include pre-development reviews conducted by the Municipal Office of Permit Coordination or a Technical Review Team. Permits and approvals shall not include permits and approvals granted by the Massachusetts water resources authority under its authority or under delegated authority from agency otherwise covered by this act. Permits and approval actions taken pursuant to a federal delegation shall be excepted only to the extent that the terms of such delegation are inconsistent with this chapter.
“Technical Review Team”, an informal working group consisting of representatives of the various issuing authorities designated by the head of their issuing authority, to review requests submitted under the procedures established pursuant to sections three through six of this chapter. The Technical Review Team shall not include members of the zoning board of appeals.
Section 3. (a) The municipality within one hundred and eighty (180) days of acceptance of this chapter, shall amend where necessary, rules and regulations on permit issuance to conform to this chapter, and may adopt guidelines consistent with this chapter. The municipality shall collect and ensure the availability of, and the issuing authorities shall memorialize and ensure the availability of, all governing statutes, local ordinances, by-laws, regulations, procedures and protocols pertaining to each permit. The municipality is encouraged to compile a comprehensive permitting process guidebook and to provide other informational assistance relative to permitting through a single point of contact established pursuant to section 3(b).
(b) A city or town which accepts this section shall establish, or designate an existing office or staff member to serve as, a single point of contact for the purposes of coordinating and facilitating the land use permitting process. For the purposes of this chapter, this office or staff member shall be referred to as the municipal office of permit coordination, herinafter, the “Office”. In fulfilling the functions established in this chapter, the Office shall consult with the authorities having substantive jurisdiction over the issuance of permits. To the greatest extent possible, the Office shall be empowered to fulfill the procedural responsibilities of the municipality in this section.
(c) The municipality shall establish a procedure for coordinated and concurrent review of all permit reviews required for a single project, and, where feasible, shall coordinate municipal review with state review. Nothing in sections two through six shall be construed to alter to the substantive jurisdictional authority of issuing authorities.
(d) The municipality, through the Office, shall establish a procedure whereby the municipality will identify, based upon submission by the applicant of a form designed by the municipality all permits, reviews, and pre-development reviews required for a project; all required scoping sessions, public comment periods, or public hearings; all additional specific applications and supplemental information required for review, including, where applicable, the identification of potential conflicts of jurisdiction or substantive standards with abutting municipalities. The municipality shall notify the applicant of such requirements in writing within twenty (20) business days from receipt of the completed form. The municipality may provide for pre-application conferences to facilitate this process.
The Office and the applicant may publish an early notice in the local paper, and state wide paper or Environmental Monitor, with a description of the project and scope of review preliminarily suggested by the Office which early notice shall be in addition to any required notice for required public hearing, and which early notice may, at the municipality’s option, direct inquiries to either the Office or the applicant.
The failure of the municipality to notify an applicant of a requirement of a public hearing or comment period shall not waive the legal requirement for any such requirement. If at any time an issuing authority determines that a permit or other pre-development review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall, where public notice and comment or hearing are note required, complete action on the application filed for the previously unidentified permit within thirty-five (35) days of receipt of the completed application, or no later than the latest required decision date for any pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be no later than thirty-five (35) days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows.
(e) The municipality shall establish a procedure, following the notification of the required submissions for review as set forth in section 3(d), for determining the completeness of the submission by the applicant of all materials required for the review of the project, which shall be no later than ten (10) business days of receipt of the application materials. If the municipality fails to send notification that an application is not complete within that time period, the application shall be deemed complete. If the municipality determines the application is not complete, the written notice shall include a concise statement regarding the reasons why the application is incomplete. The resubmission of the application or the submission of such additional information required by the municipality shall commence a new period for review of the additional information for purposes of determining completeness.
(f) The municipality shall, within one hundred eighty (180) days of the acceptance of this chapter, establish time periods within which all permit reviews shall be conducted and completed. The timelines shall begin to run upon issuance of the notice that the application materials are complete, pursuant to section 3(e). The timeline shall not exceed ninety (90) days for reviews which do not require public hearings, or one hundred and twenty (120) days for reviews which do require public hearing. The procedure shall provide for the consolidation of public hearings and public notices. Where appropriate, the municipality may establish general permits and permits by rule which shall consist of standards of performance specified by the issuing authority and shall be authorized after a written filing by the applicant.
(g) (i) If the issuing authority fails to act within the time period established by the municipality pursuant to section 3(f), the applicant may seek judicial review of such failure to act in the superior court within ten (10) days after the date on which the issuing authority was required to act. Service of process shall be upon the issuing authority. Plaintiff shall provide written notice of such action with a copy of the complaint to all parties on the administrative record within ten (10) days after the filing of the complaint and an affidavit of such notice shall be filed with the court. If no such affidavit is filed within such time, the complaint shall be dismissed. The court shall advance any action so that it may be heard and determined as expeditiously as possible. The court shall hear all evidence and determine the facts, and upon the facts determined, make such decree as justice and equity may require. Failure by the issuing authority to demonstrate in its answer compliance with said sections shall be dispositive of the issue of issuing authority liability. Such decree may include, without limitation, an order that the issuing authority act by a specified date or a requirement that a permit and necessary statement of conditions be issued forthwith. (ii) All of the timelines set forth in this chapter shall not apply where (a) the submitted materials for identifying permit requirements omitted relevant material, or the final application materials contained false or misleading information; (b) substantial changes to the project which affect the information required to process the permit application have occurred since the filing of the application; or (c) a change in law which affects information required to process the permit application for the project occurred after the application was filed, provided that the change is not a by-law or guideline change proposed by the permit issuing authority. (iii) Any time period specified in this section may be waived or extended for good cause by written request of the applicant with the consent of the municipality, or by the written request of the head of the issuing authority with the consent of the applicant. Any time period specified by this section shall be extended when the issuing authority determines in writing either that action by another federal, state, or municipal government agency is required before the issuing authority may act; or that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or after commencement of enforcement proceedings which could result in revocation of an existing permit for that facility or activity and denial of the application. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, and shall complete its decision within the time periods specified in this section, beginning the day after such notice is issued. Any time period specified in this section may be extended by the head of the issuing authority where significant public comment has been received which would, on its face, appear to constitute grounds for the issuing authority to deny the permit or significantly modify the permit. (iv) An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application in accordance with the provisions of this chapter.
(h) The municipality shall establish an informal procedure to allow permit applicants to obtain advisory review by a Technical Review Team, of any issue of law, policy, procedure, or classification that the applicant claims is in dispute between the applicant and the issuing authority and has affected or will affect the ability of the applicant to obtain timely review of the permit application. Procedures shall provide for filing by the applicant of a request for review, representation by the permit issuing authority on the Technical Review Team, and a timeframe not to exceed thirty (30) days for issuance of a decision. Invocation of this procedure shall toll the review time periods. Any advisory determination or ruling made pursuant to a procedure established under this section shall not constitute a decision or final action and shall not be subject to any right of appeal for administrative or judicial appeal or review. (i) The Municipal Office of Permit Coordination, on behalf of an issuing authorities, may impose fees upon the applicant consistent with section fifty-three G of chapter forty-four of the General Laws. Notwithstanding the provisions of section fifty-three of chapter forty-four of the General Laws, the Municipal Office of Permit Coordination may establish a separate fee for the carrying out of its duties under this chapter and may deposit such fees in a special account. Any such account shall be established by the municipal treasurer in the municipal treasury and shall be kept separate and apart from other monies. The special account, including accrued interest, if any, shall be expended at the direction of the Municipal Office of Permit Coordination, or office designated to serve as said office, without further appropriation; provided, however, that such funds are to be expended by it only in connection with carrying out its responsibilities under this chapter. At the sole discretion of the Municipal Office of Permit Coordination, any annual surplus in fees may be used for the development of the regional plans, subject to a match of funds by the municipal legislative body.

Section 4. Any administrative appeals from permitting decisions shall be filed within twenty-one (21) days after the issuing authority renders a decision. Nothing in this subsection shall be construed to create rights of appeal where a statutory form of administrative review of appeal is not otherwise provided.

Section 5. (a) Permits shall be transferable between persons, except for permits where financial ability to meet permit requirements, posting of a bond or the qualifications of an applicant are condition of or requirement for obtaining the permit. The holder of a permit shall notify the issuing authority and the Office in writing at least thirty (30) days prior to transferring a permit. Within one hundred and eighty (180) days of the acceptance of this chapter, the municipality shall publish a list of all permits that are transferable.
(b) Issuing authorities having substantive jurisdiction over permit issuance, in consultation with the Office, are encouraged to develop procedures for simplified permit renewals and annual reporting requirements. Otherwise, renewals of permits shall be governed by the same procedures and timelines as specified in this act.
(c) Permit modification requests shall be reviewed by an issuing authority within timeframes set forth in this paragraph. An issuing authority shall inform an applicant within fifteen (15) business days of receipt of a request whether the modification is approved, denied, determined to be substantial, or additional information is required by the issuing authority in order to issue a decision. If additional information is required to be submitted, the issuing authority shall inform an applicant within fifteen (15) business days or receipt of such required additional information whether the modification is approved, denied, or additional information is still required by the issuing authority in order to render a decision. In cases in which the issuing authority determines that a requested modification is substantial, the original timeframes for permit categories as set forth in section 3(f) shall apply.
(d) Permits issued pursuant to sections two through five of this chapter shall be valid for two years from the date of the expiration of the applicable appeal period. Commencement of construction within that period shall continue upon a reasonably expeditious schedule; cessation of progress for more than six (6) months will cause permit to lapse, subject to reissuance as determined by the local authority. Where permits cover multiple dwellings, commencement and continuation of construction of one dwelling shall preserve the permit validity.

Section 6. (a) A municipality which accepts this section shall adopt the following procedure for the designation and development of Fast Track Development Sites.
For the purposes of this section, the following terms shall be defined as follows:
“Fast Track Development Site”, a privately or publicly owned, municipally designated property which, at the request of the owner, is entitled to proceed with state and local permitting processes based upon a master plan of building sizes, categories of use and other relevant land use issues including brownfields, so called. There may be several different parcels or projects within a single Fast Track Development Site.
“Fast Track Master Plan”, a master plan for a Fast Track Development Site which contains all information necessary to conduct a review of a Fast Track Development Site for the purposes of state and municipal land use permits and reviews.
“Fast Track Proposal”, a document containing all information related to an actual proposed development project within a Fast Track Development Site.
(b) To be eligible for designation as a Fast Track Development Site, the property shall (i) be commercially or industrially zoned, and (ii) have an aggregate building interior size of 90,000 square feet or more. Municipalities, with advice and consent of the Massachusetts Office of Business Development, may designate a property which does not meet these criteria if they determine that a proposed property presents an important opportunity for a commercial or industrial use.
(c) To have a property designated a Fast Track Development Site, the owner of the property shall file a request with the Office established pursuant to section 3(b) above. The request shall include a description of the property and buildings, and evidence of compliance with the eligibility criteria in this section. The municipality shall issue a decision within twenty (20) days. Each municipality shall establish a procedure for reviewing requests and making designations, and shall weight favorably plans which are consistent with existing or proposed area growth management and planning documents.
(d) If designated, the owner shall consult with the Office and the executive office of environmental affairs, which shall designate a high-level representative to coordinate this process, to develop the scope of information required for a Fast Track Profile.
(e) Any required reviews by the Massachusetts Environmental Policy Act, established pursuant to section sixty-one of chapter thirty of the General Laws, unit or Massachusetts Historical Commission shall be conducted concurrently and shall conclude within one hundred and twenty days of a state determination of completeness of required review materials, as shall be established by the executive office of environmental affairs. The Massachusetts Environmental Policy Act unit and the Massachusetts Historical Commission shall establish timeframes for all required filings and additional filings by the applicant in order to comply with this provision. In the event an applicant fails to comply with all such time frames, the time shall be tolled until the applicant files the required documents.
(f) Notwithstanding any law to the contrary, any public notice or hearings necessitated by a proposed project on a Fast Track Development Site shall be consolidated into a single hearing by the municipal Office and the Commonwealth.
(g) A developer of a project within a Fast Track Development Site shall file a Fast Track Proposal.
(h) The municipality and the executive office of environmental affairs shall prepare a form for Fast Track Proposals for Fast Track Development Sites and shall designate one representative to review Fast Track Proposals. All municipal and state agencies shall render permit decisions within sixty (60) days of issuance of receipt of a completed Fast Track Proposal which falls within the Fast Track Profile or which falls within ten (10) percent differential of the Fast Track Profile, and within ninety (90) days for all other Fast Track Proposals.
(i) Permits and approvals issued relative to a Fast Track Development Site shall be valid for five (5) years. Any project or parcel for which a Fast Track Proposal has been filed within the five (5) year period shall be eligible for this process. Changes in the law subsequent to the issuance of permits based upon the Fast Track Profile shall not invalidate said permits or review certificates.
(j) A Fast Track Development Site shall also be eligible for the following benefits:
(i) Priority consideration for Community Development Action Grants and Public Works Economic Development Grants; (ii) accelerated consideration for other state resources such as quasi-public financing and training programs, (iii) brownfield remediation assistance; and (iv) enhanced marketing of the site by the Massachusetts Office of Business Development.
The provisions of this section shall not apply where the municipality and Commonwealth determine that the Fast Track Master Plan or any required submissions have omitted requested or relevant information or contained false or misleading information.

Section 7. Any municipality which adopts this chapter may also expressly adopt this section following the procedure in section two.
(a) There shall be a body known as the Land Use Board, in this act called the Board. The Board shall consist of nine members residing in the city or town. In cities five members shall be appointed by the mayor, subject to the provisions of the city charter, except that in cities having a city manager form of government, said appointments shall be by the city manager, subject to the provisions of the charter; and in towns five members shall be appointed by the selectmen, excepting towns having a town manager form of government, in which town appointments shall be made by the town manager, subject to the approval of the selectmen. Four Board members shall be elected, and may be removed, pursuant to town charter. Appointed Board members shall serve for terms of three years, provided, however that of those initially appointed, one shall be appointed for a term of one year, two for two years, and three for three years. Elected Board members shall serve for three years, provided, however, that of those initially elected, the two receiving the first and second largest number of votes shall serve for three years, and the two receiving the third and fourth largest number of votes shall serve for two years. Any member of the commission so appointed, after a public hearing if requested, may be removed for cause by the appointing authority. A vacancy occurring otherwise than by expiration of a term shall in a city or town be filled for the unexpired term in the same manner as an original appointment or election. All five appointed commissioners shall have proven expertise in one or more of the following areas: industrial development, housing, finance, business, real estate, environment, planning, transportation, historic preservation, public health or municipal government.
The commission may appoint a director, clerks, consultants and other employees, and may contract for materials and services within available funds insofar as the same are not supplied by other departments. At the option of the municipality, the commission may serve with or without compensation. Board members may be eligible for reappointment at the expiration of their terms.
(b) The commission shall develop and adopt, by a two-thirds majority of the commissioners, within twelve months of adoption of this section, a comprehensive set of regulations to carry out the purposes and intent of the General Laws relating to zoning, subdivision control, historic preservation, and conservation commission regulatory powers, and shall be promulgated pursuant to chapter thirty A of the General Laws. The Commission may delegate to professional employees of the commission authority to approve routine matters.
(c) The commission shall administer and enforce the regulations and in so doing may exercise the powers of a special permit granting authority, but not appeals of zoning decisions, and of a planning board of the purposes of regulating land use under chapter forty A of the General Laws and subdivision control under chapter forty-one of the General Laws, sections eighty-one X through eighty-one GG. The Board shall also have all the powers and authority conferred upon planning boards by chapter forty-one of the General Laws, sections eighty-one A through eighty-one J. The Board shall have all the powers and authority conferred upon conservation commissions for the purposes of enforcing the provisions of chapter one hundred and thirty-one of the General Laws, sections forty and forty A, provided that the Board shall administer its powers relating to the protection of wetlands in accordance with regulations issued by the Department of Environmental Protection of the implementation of the Wetlands Protection Act, provided further that any appeal of an order of conditions issued by the Board shall be made to the Department of Environmental Protection. The Board shall also have all the powers and authority conferred upon boards of health by chapter one hundred and eleven of the General Laws, sections twenty-six through thirty-two. The Board shall also have all the powers and authority conferred upon historic district commissions by chapter forty C of the General Laws or chapter seven hundred and seventy-two of the Acts of 1975. Upon adoption, the provisions of this section shall supersede any inconsistent state or municipal law.
(d) Any person holding any elected or compensated position in the service of a city or town which accepts any portion of this chapter and who is employed in an office or agency which is merged with another or abolished or otherwise constituted shall be transferred to the Board without reduction in compensation, or impairment of any civil service, retirement, pension, seniority, vacation, sick leave or other rights or benefits to which then entitled. Any reduction in workforce which is to result from adoption of this section shall be accomplished through attrition, or other reassignment and not by dismissal.
All real and personal property in the custody and control of any agency affected by a consolidation under the provision of this section shall be transferred by the former agency to the new Board.
All monies which have been appropriated to any department or agency which is included in any consolidation under the provisions of this chapter shall, upon the establishment of the Board, be credited to the account of the new Board. The Board shall assume the position of any department or agency whose powers or functions are being assumed in all contracts in force at the time the new Board is created and in all judicial proceedings.
Section 8. If any part of sections one through seven shall be found by a court of law to be unconstitutional, invalid, or in conflict with federal or state requirements which are a condition precedent to the allocation of federal or state funds to a municipality or with the delegation of a federal or state permitting program, the remainder of these sections shall not be affected therebyment Text.

CLERK NUMBER: 485

Mr. Hillman of Sturbridge moves that the bill be amended in section 2, in item 2800-0101, by inserting after the words “patrol watershed areas”, the following:— “provided further that no less than $48,000 be expended for the flood control activities undertaken by the Thames River Valley communities of Massachusetts in conjunction with the state of Connecticut;”

CLERK NUMBER: 486

Mr. Scaccia of Boston moves that the bill be amended in section 2, in item 7003-0702, in line 2, by inserting after “women and enterprise” the following: “and provided further that no less than $300,000 be made available to the Jewish Memorial Hospital of Boston for the purpose of developing and implementing an information technology skill upgrading program for its employees” and in said item by striking out the figures “4,000,000” and inserting in place thereof the figures “4,300,000”;
and in item 7003-0701, in line 21, by striking out the figures “18,000,000” and inserting in place thereof the figures “17,700,000”.

CLERK NUMBER: 487

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

"SECTION ___. Notwithstanding the provisions of any general or special law to the contrary, the division of capital asset management and planning shall not execute any lease or land disposition agreement or deed of conveyance relative to the land and buildings owned by the commonwealth of Massachusetts located at the site of the Medfield State Hospital in the town of Medfield, until a proposed reuse plan, approved by the commissioner of the department of mental health and the secretary of the executive office of health and human services, is filed with the clerks of the Massachusetts House of Representatives and the Massachusetts Senate, and is approved by a joint resolution of the House and Senate.

CLERK NUMBER: 488

Mr. Scaccia of Boston moves that the bill be amended in section 2, in item 4110-1000, by striking out the figures “3,713,070” and inserting in place thereof the figures “3,763,070”.

CLERK NUMBER: 489

Mr. Scaccia of Boston moves that the bill be amended in section 2, in item 5011-0100, by striking out the figures “31,812,159” and inserting in place thereof the figures “34,812,159”; and in item 5095-0015, by striking out the figures “151,932,242” and inserting in place thereof the figures “152,932,242”; and in item 4000-0300, by striking the figures “119,028,408” and inserting in place thereof the figures “115,028,408”.

CLERK NUMBER: 490

Mr. Scaccia of Boston moves 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, not-for-profit chronic hospitals located in ventilator under-bedded areas shall receive the MassHealth chronic hospital inpatient per diem rate for ventilator patients classified by the division of medical assistance as on administratively necessary day (AND) status. For the purposes of this provision, "ventilator under-bedded areas" shall be defined as meeting the following criteria: (i) location in a city with a population, per U.S. Census Bureau report of 2000, in excess of 200,000, and (ii) location in an HSA with less than ten (10) licensed adult nursing home beds with a ventilator care agreement with the division of medical assistance per thousand persons aged sixty-five (65) and over".
CLERK NUMBER: 491

Representatives Malia and Walsh of Boston move that the bill be amended in section 2, in item 4403-2119 by striking out the figure “$5,063,317” and inserting in place thereof the figure “$6,000,000”.

and in item 1599-1970, by striking out the figures “25,000,000” and inserting in place thereof the figures “24,063,317”.

CLERK NUMBER: 492

Representatives Malia of Boston, Walsh of Boston, Cabral of New Bedford, Donovan of Woburn, Smizik of Brookline, Demakis of Boston, Wolf of Cambridge, Sullivan of Fall River, Rushing of Boston, Teahan of Whitman, Grant of Beverly, Rush of Boston, Gobi of Spencer, Hynes of Marshfield, Toomey of Cambridge, Scibak of South Hadley, Linsky of Natick, Khan of Newton, Blumer of Framingham, Paulsen of Belmont, Petersen of Marblehead and Falzone of Saugus move that the bill be amended in section 2, in item 4800-1400, in line 12, by inserting after “violence hotline;” the following:

provided further, that procurement of services for immigrant and refugee victims shall be coordinated with the department of public health;

CLERK NUMBER: 493

Representatives Malia of Boston, LeDuc of Marlboro, Sánchez of Boston, Rivera of Springfield, Pedone of Worcester, Teahan of Whitman, Smizik of Brookline, Reinstein of Revere, Wolf of Cambridge, Toomey of Cambridge, Rushing of Boston, Sullivan of Fall River, Rush of Boston, Gobi of Spencer, Hynes of Marshfield, Scibak of South Hadley, Khan of Newton, Blumer of Framingham, Linsky of Natick, Paulsen of Belmont, Petersen of Marblehead, Connolly of Everett, Leary of Worcester, Carron of Southbridge and Falzone of Saugus move that the bill be amended in section 2, in item 4000-0895, by striking out the figures “8,600,000” and inserting in place thereof the figures “14,200,000”.

and in item 1599-1970, by striking out the figures “25,000,000” and inserting in place thereof the figures “19,400,000”.

CLERK NUMBER: 494

Ms. Malia of Boston moves that the bill be amended in section 2, in item 0640-0010, by striking out the figures “$10,000,000” and inserting in place thereof the figures “$8,000,000”; and in item 4406-3000 by striking out the figures “$28,000,000” and inserting in place thereof the figures “$30,000,000”

CLERK NUMBER: 495

Ms. Malia and Mr. Rushing of Boston move that the bill be amended in section 2, in item 4800-0038, in line 27 by by inserting after "in Norwood;" the following: "provided further that not less than $140,000 shall be expended for the Comprehensive School Age Parenting Program, Inc. for a year-round school based program in Boston high schools and middle schools for pregnant teens, young mothers and fathers and other youth at high risk for school drop out;” and in said item by striking out the figures "258,516,384" and inserting in place thereof the figures "258,656,384".

and in item 1599-1970, by striking out the figures “25,000,000” and inserting in place thereof the figures “24,860,000”.

CLERK NUMBER: 496

Ms. Malia, Mr. Rushing and Mr. Sánchez of Boston move that the bill be amended in section 2, in item 2820-0100, in line 9 by by inserting after "and recreation;" the following: “provided further that the department shall expend no less than $225,000 for maintenance and infrastructure repair of the southwest corridor park and shall enter into contracts for personnel and other resources necessary for such maintenance, including the costs of two horticulturists, one foreman and a clerk;” and in said item by striking out the figures "19,986,715" and inserting in place thereof the figures "20,211,715".

and in item 1599-1970, by striking out the figures “25,000,000” and inserting in place thereof the figures “24,775,000”.

CLERK NUMBER: 497

Ms. Malia, Mr. Walsh and Mr. Rushing of Boston and Ms. Wolf of Cambridge move that the bill be amended in section 2, in item 4513-1000, in line 2, by inserting after “costs;” the following: “provided further that no less than $120,000 shall be expended for the public health model of community engagement and intervention for sexual violence and intimate partner violence in the homosexual male community;”

and by striking out the figures “$4,840,000” and inserting in place thereof the figures “$4,960,000”.

and in item 4800-1400, by striking out the figures “20,254,292” and inserting in place thereof the figures “20,134,292”.

CLERK NUMBER: 498

Mr. Stanley moves that the bill be amended in item 5911-1000 by adding at the end thereof the following: “; provided that $99,000 be expended for the hiring of a consultant by the majority vote of the Fernald Re-Use Committee established in Section 678 of the acts of 2003 for the purposes of asset assessment and re-use development proposal”; and by striking the figures 13,102,349 and inserting in place thereof the figures 13,201,349.

CLERK NUMBER: 499

Mr. Hillman of Sturbridge moves that the bill be amended in section 2, in item 7061-

0011, by inserting the following: - “provided that $200,000 shall be expended on regional

funding transition costs within Tantasqua Regional School District”

CLERK NUMBER: 500

Mr. Stanley of Waltham moves that the bill be amended in Section 2,in item 1201-0100 by striking out the figures 107,470,805and inserting in place thereof the figures 102,470,805; and in item 5930-1000, by striking out the figures “160,220,259” and inserting in place thereof the figures “165,220,259”.