Mr. Rodrigues Of Westport move that the bill be amended in section 2, in item 7003-0702, by striking out the figures “$4,000,000” and inserting in place thereof the figures “$4,750,000” and in said item by adding at the end thereof the following: “; provided further, that not less than $750,000 shall be made available to the Commonwealth Corporation for the purpose of instituting a hospital-based employee skilled training and skill upgrading program to be implemented in an urban, suburban and rural hospital”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$106,720,805”.

CLERK NUMBER: 502

Sponsors [(Representative Murphy) Of (Weymouth)] 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 Department of Public Health shall, subject to the following requirements, approve the development and operation of elective cardiac angioplasty pilot programs in hospitals currently operating primary cardiac angioplasty under Department of Public Health special project authorization. In order to obtain approval, each hospital must: have participated in the primary angioplasty special project for at least one year and has performed the required thirty-six angioplasties; meet American College of Cardiology/American Heart Association guidelines for proficiency in physician operator volumes; agree to submit patient specific outcome data as required by the Cardiac Quality Advisory Commission. The Department shall conduct an annual evaluation of all elective angioplasty pilot programs and shall submit a report to the house and senate committee on ways and means and the joint committee on health care.

CLERK NUMBER: 503

Mr. Hynes of Marshfield, Ms. Creedon of Brockton, Ms. Grant of Beverly, and Mr. George of Yarmouth Port move that the bill be amended in section 2, in item 4000-0600, by striking out the figure “$1,768,393,000” and inserting in place thereof the figure “$1,758,393,000” and by adding at the end thereof the following section:

“Subsection 31(c1/2) of chapter 118E of the General Laws, inserted by section 329 of chapter 26 of the Acts of 2003, is hereby amended by striking said subsection 31(c1/2) and inserting in place thereof the following subsection:

(c1/2) This subsection shall apply to the estates of individuals dying on or after July 1, 2004. For the purposes of this section, “estate” shall mean any interest in real and personal property and other assets in which the individual immediately prior to death had any legal title or interest, to the extent of such interest. This includes interests in real and personal property and other assets, not including life insurance policies, that would pass to a survivor, heir, or assignee of the decedent through joint tenancy, tenancy by the entirety, life estate, living trust, right of survivorship or beneficiary designation; provided, however, “estate” shall not include any legal or equitable interest in real or personal property passing outside of probate that was created by deed, trust or other written instrument prior to July 1, 2004; and provided, further, that “estate” shall not include any legal or equitable interest in a primary residence passing to a surviving spouse or passing outside of probate to a child or children of the deceased individual and up to the amount specified in Section 1A of chapter 188 of the General Laws as amended from time to time.”

CLERK NUMBER: 504

Kane of Holyoke moves that the bill be amended in section 2, in item 4190-0100, by striking out the figure “$16,278,929” and inserting in place thereof the figure of “$16,658,929”.

CLERK NUMBER: 505

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

Section XXX. In order to establish a moratorium on the replacement of stable clinical positions by so called “fee for service” positions that provide no health benefits such as health insurance and sick leave, no human service provider who contracts with any state agency in the Health and Human Services Secretariat, shall take any action to reclassify any human service worker or clinical positions that are funded in whole, or in part by state revenue and are currently provide health insurance and sick leave into fee-for service positions that do not provide both health insurance and sick leave.

CLERK NUMBER: 506

Mr. Carron of Southbridge moves that the bill be amended in section 2, in item 5930-1000, in line 24, by inserting after “2005” the following: “Provided further, that the Administration shall submit a plan regarding the closure of Fernald State School by January 1, 2005 to the House and Senate Ways and Means Committees; provided further that said plan must detail what publicly operated community settings the clients will be transferred to and how services will be delivered during the transition; provided further that wherever possible workers will be transferred into community setting with their clients in order to ensure continuity of service; provided further that said plan must be approved by House and Senate Ways and Means Committees.
CLERK NUMBER: 507

Mr. Pedone of Worcester moves that the bill be amended in section 2 by reducing line item 1100-1100 in the amount of $250,000 and furthermore by increasing line item 0640-0000 in the amount of $250,000”. …. $67,272,388

CLERK NUMBER: 508

Mr. Pedone of Worcester moves that the bill be amended by adding at the end thereof the following section(s):
SECTION___. Subsection (b) of section (3), of chapter 128A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the words "Norfolk county" in line 53 the following:- and Worcester county.

CLERK NUMBER: 509

Mr. Pedone of Worcester moves that the bill be amended by adding at the end thereof the following section(s):
SECTION___. Subsection (4) of section (2), of chapter 128C of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the words "Norfolk county" in line 73 the following:- and Worcester county.

CLERK NUMBER: 510

Mr. O’Flaherty of Boston and Mr. DeLeo of Winthrop move that the bill be amended by inserting at the end thereof the following new section:-

Section _______. Section 17 J of chapter 180 of the general laws is hereby amended by inserting at the end thereof the following:-

Where the recipient specified is a duly licensed insurance agent or insurance broker receiving sums so deducted for any property-casualty insurance offered in conjunction with the employee organization, the agent or broker shall forward the sums deducted and received to the appropriate insurance company within two business days after receipt from the treasurer or common paymaster. No insurance company doing business in the commonwealth of massachusetts shall refuse to accept payment of property-casualty insurance premiums without interest or charges in equal weekly or biweekly installments via payroll deduction for unionized state, county, municipal or other public employees where the agent or broker is remitting the deducted sums as required under this section.

CLERK NUMBER: 511

Representative Sullivan Of Fall River, Patrick of Falmouth, Linsky of Natick, Howland of Freetown, Festa of Melrose, Travis of Rehoboth, Grant of Beverly, Teahan of Whitman move that the bill be amended by adding at the end thereof the following section(s):

SECTION : The Department of Environmental Protection, Solid Waste Management Section shall close the BFI landfill located in the city of Fall River at the completion of Phase II, Cell D. With the completion of Phase II, Cell D the landfill in Fall River will no longer accept any waste matter, ash, or any other material. Only material to complete the closing will be accepted at the facility. This closure also includes any expansion into any other portion of the landfill site, including Phase III.

CLERK NUMBER: 512

Representative Sullivan of Fall River moves that the bill be amended in section ###, by inserting:
provided further, that $500,000 shall be expended for the purpose of the Department of Environmental Protection to conduct an independent comprehensive study to determine the direction and flow of the subsurface groundwater surrounding the Browning Ferris Landfill in Fall River. This study will include testing of the groundwater contaminants lechating from the landfill and mapping of the travel direction and distances traveled by the contaminated groundwater; provided further that the department shall report its findings together with any recommended response actions by the commonwealth to the Joint Committee on Natural Resources and Agriculture and House and Senate Committees on Ways and Means not later than May 1, 2005;
and
by striking the figure “$20,851,774” from line item 0810-0000 and inserting in place thereof the figure “$20,351,774”

CLERK NUMBER: 513

Representative Sullivan Of Fall River, Paulsen of Belmont, Jehlen of Somerville, Walrath of Stowe, Kaufman of Lexington, Carron of Southbridge, Grant of Beverly, Donelan of Orange, Kennedy of Brockton, Koczera of New Bedford, Marzilli of Arlington, Patrick of Falmouth, Turkington of Falmouth, Goguen of Fitchburg, Peisch of Wellesley, L’Italien of Andover, Spilka of Ashland, Smizik of Brookline, Rushing of Boston, Hall of Westford, Driscoll of Braintree, Gomes of South Harwich, Eldridge of Acton, Fallon of Malden, Koutoujian of Waltham, Kulik of Worthington, Donato of Medford, Demakis of Boston, Toomey of Cambridge, Festa of Melrose, Simmons of Leominster, Murphy of Burlington, Rush of Boston, Linsky of Natick, Pope of Wayland Gobi of Spencer, Khan of Newton, Spiliotis of Peabody, Miceli of Wilmington, Knuuttila of Gardner, Atkins of Concord, Verga of Gloucester, Balser of Newton, Timilty of Milton, Lantigua of Lawrence, Teahan of Whitman, Ciampa of Somerville move that the bill be amended by adding at the end thereof the following section(s):

SECTION :Chapter nineteen A of the General Laws is hereby amended by deleting in section fourteen the definition “abuse”, and replacing it with the following new definition: “Abuse”, an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability or resistance of an elderly person to provide for him or herself one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community; provided, however, that no person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

CLERK NUMBER: 514

Representatives Sullivan of Fall River, Paulsen of Belmont, Jehlen of Somerville, Walrath of Stowe, Kaufman of Lexington, Carron of Southbridge, Grant of Beverly, Donelan of Orange, Kennedy of Brockton, Koczera of New Bedford, Marzilli of Arlington, Patrick of Falmouth, Turkington of Falmouth, Goguen of Fitchburg, Peisch of Wellesley, L’Italien of Andover, Spilka of Ashland, Smizik of Brookline, Rushing of Boston, Hall of Westford, Driscoll of Braintree, Gomes of South Harwich, Eldridge of Acton, Fallon of Malden, Koutoujian of Waltham, Kulik of Worthington, Donato of Medford, Demakis of Boston, Toomey of Cambridge, Festa of Melrose, Simmons of Leominster, Murphy of Burlington, Rush of Boston, Linsky of Natick, Pope of Wayland, Gobi of Spencer, Khan of Newton, Spiliotis of Peabody, Miceli of Wilmington, Knuuttila of Gardner, Atkins of Concord, Verga of Gloucester, Balser of Newton, Timilty of Milton, Lantigua of Lawrence, Teahan of Whitman, Ciampa of Somerville move that the bill be amended in section 2, in item 9110-1636, by striking out the figure “$9,504,137” and inserting in place thereof the figure “$11,600,000”; and in item 1100-1100, by striking out the figure “$3,297,608” and inserting in place thereof the figure “$1,201,745”.

CLERK NUMBER: 515

Representative Sullivan of Fall River moves that the bill be amended in section 2, in item 8000-0010 by adding the following words and figures; provided further, that not less than $385,484 shall be granted to the City of Fall River; and provided further that not less than $20,000 shall be granted to the Town of Berkley. And that the item be further amended by striking out the figure “$20,267,596” and inserting in place thereof the figure “$20,377,596”;
And
By deleting the figure “$340,000,000” in Section 98 and inserting in its place the figure “$339,890,000”.

CLERK NUMBER: 516

Miss Reinstein of Revere, Mr. Nyman of Hanover, Mr. Toomey of Cambridge, Ms. Balser of Newton, Mr. Smizik of Brookline, Mr. Linsky of Natick, Ms. Haddad of Somerset, Mr. Howland of Freetown, Mr. Sullivan of Fall River, Mr. Golden of Lowell, Ms. Gobi of Spencer, Ms. Teahan of Whitman, Mr. Petersen of Marblehead, Ms. Gomes of Harwich, Ms. Malia of Boston, Mr. Donelan of Orange, Mr. Falzone of Saugus move that the bill be amended in section 2, in item 8000-0000, in line 3, by inserting after "pursuant to 23 U.S.C. section 42;” the following:

“provided further, not less than $450,000 shall be expended for the administration of a Fire and Building Inspector Education Program to educate and certify all municipal fire and building inspectors in the Commonwealth”;
and in said item by striking out the figures “1,507,324” and inserting in the place thereof the figures “1,957,324” ;
and in item 1100-1100, by striking out the figures “$3,297,608” and inserting in the place thereof the figures “$2,847,608”.

CLERK NUMBER: 517

8000-0050 For the firefighting equipment grant program for fire departments of every city, town, fire district and authority of the commonwealth to be administered by the executive office of public safety, provided that grants shall be distributed to municipalities according to a formula giving equal weight to each municipalities population; provided further that a municipality shall not receive less than $15,000; provided further, that eligible fire safety equipment under this program shall include, but is not limited to, turnout gear, hand-held power lights, communication devices, telephones, personal alert safety systems, so-called, air packs, tanks, compressors, thermal imaging devices and computerized personnel accountability systems, but shall exclude firefighter apparatus and vehicles; provided further that grants awarded by said executive office to a municipality under said program shall not be utilized for the purpose of personnel costs unless such costs constitute 50 percent or less of the total grant award; provided further that no grant shall be awarded to the department of fire services; provided further that not later than February 1, 2005, the executive office of public safety shall submit a report to the house and senate committees on ways and means and to the secretary for administration and finance detailing the amount of grants awarded to said grant recipients and descriptions of said grants and each municipality will provide the executive office of public safety with a comprehensive list of the best-practices that have been instituted as a result of these grants ……………………...

$10,000,000

Miss Reinstein of Revere, Mr. Nyman of Hanover, Mr. Toomey of Cambridge, Ms. Balser of Newton, Mr. Leary of Worcester, Mr. Linsky of Natick, Ms. Haddad of Somerset, Mr. Howland of Freetown, Mr. Sullivan of Fall River, Mr. Golden of Lowell, Ms. Gobi of Spencer, Ms. Teahan of Whitman, Mr. Petersen of Marblehead, Ms. Gomes of Harwich, Ms. Grant, Mr. Festa of Melrose, Ms. Malia of Boston, Mr. Donelan of Orange, Rep. Falzone of Saugus move that the bill be amended in section 2, by inserting after the item 8000-0040 the following item:

and in item 1201-0100 by striking the figures “$107,470,805” and inserting in place thereof the figures “$97,470,805”.

CLERK NUMBER: 0518

Miss Reinstein of Revere, Mr. Nyman of Hanover, and Mr. Toomey of Cambridge, Ms. Balser of Newton, Mr. Linsky of Natick, Ms. Haddad of Somerset, Mr. Howland of Freetown, Mr. Golden of Lowell, Ms. Gobi of Spencer, Ms. Teahan of Whitman, Mr. Petersen of Marblehead, Ms. Gomes of Harwich, Ms. Malia of Boston, Mr. Donelan of Orange, Rep. Falzone of Saugus move that the bill be amended in section 2 by inserting after the item 8000-0060 the following item:
8000-0070 For the distribution of grants for city and town student awareness of fire education programs, to be known as S.A.F.E programs, which shall include information about the fire risks caused by smoking; and provided further that grants awarded by said executive office to a municipality under said program shall, when applicable, be in an amount not less than the amount of the grant or grants each such municipality received in fiscal year 2000…………………...

$1,078,666

and in item 0640-0000 by striking the figures “$67,022,388” and inserting in place thereof the figures “$65,943,722”.

CLERK NUMBER: 519

Representative Sullivan Of Fall River, Marzilli of Arlington, Jehlen of Somerville, Demakis of Boston, Eldridge of Acton, Canavan of Brockton, Patrick of Falmouth, Balser of Newton, Pedone of Worcester, Khan of Newton, Falzone of Saugus, Festa of Melrose, Spilka of Ashland, Linsky of Natick, Teahan of Whitman, Paulsen of Belmont, Gobi of Spencer, Grant of Beverly, Toomey of Cambridge, Spiliotis of Peabody, Petersen of Marblehead, Goguen of Fitchburg, Leary of Worcester, Blumer of Framingham, Peisch of Wellesley move that the bill be amended by adding at the end thereof the following section(s):

SECTION :Section 38 of chapter 63 is hereby amended by inserting after subsection (m) the following:
(n) As used in this subsection, the following words shall, unless the context otherwise requires, have the following meaning:
“Adverse economic conditions,” six or more consecutive months in which total payroll employment in this commonwealth, as measured and defined by the Massachusetts Department of Labor and Workforce Development, declines.
“Base period employment level,” the number of qualified employees of the corporation in this commonwealth as of December 31, 2004, and the number of non-qualified employees of the corporation in this commonwealth as of December 31, 2004, determined separately. If the corporation was not engaged in business in the commonwealth on December 31, 2004, the base period employment level shall be the average employment level for the first two taxable years during which it is engaged in business in the commonwealth. In the event of the acquisition of a business or line of business or any other corporate restructuring that increases the number of qualified or non-qualified employees of the corporation in this commonwealth, the base period employment level to be applied in the taxable year in which the acquisition or restructuring occurs and in all subsequent taxable years shall be increased to reflect such an increase.
“Jobs commitment percentage,” except as provided in paragraph (2), one hundred percent.
“Non-qualified employee in the commonwealth,” an individual who: (i) is employed by a defense corporation, a manufacturing corporation, or a mutual fund service corporation; (ii) works on a full-time basis with a normal week of 30 or more hours; (iii) at the inception of the employment relationship does not have a termination date which is either a date certain or determined with reference to the completion of some specified scope of work; (iv) is eligible to receive employee benefits including, but not limited to, paid holidays, vacation and unemployment benefits; and (v) is subject to Massachusetts income tax withholding. Three or fewer individuals who collectively fulfill the requirement of clause (ii) and who each meet the requirements of clauses (i), (iii), (iv), and (v) shall be counted as one non-qualified employee for purposes of this section.
“Non-qualified employment level,” the number of non-qualified employees of the corporation in this commonwealth in the taxable year.
“Non-qualified jobs commitment level,” the base period employment level for non-qualified employees multiplied by the jobs commitment percentage in effect for the taxable year.
“Qualified employee in the commonwealth,” an individual who: (i) is employed by a defense corporation, a manufacturing corporation, or a mutual fund service corporation; (ii) works on a full-time basis with a normal week of 30 or more hours; (iii) at the inception of the employment relationship does not have a termination date which is either a date certain or determined with reference to the completion of some specified scope of work; (iv) is eligible to receive employee benefits including, but not limited to, paid holidays, vacation and unemployment benefits; (v) is subject to Massachusetts income tax withholding; (vi) in the case of an employee at a manufacturing corporation, is employed working in the manufacturing corporation's manufacturing operations; and (vii) is not working in a bona fide executive, administrative, or professional capacity under the provisions of 29 U.S.C. 213(a)(1). Three or fewer individuals who collectively fulfill the requirement of clause (ii) and who each meet the requirements of clauses (i), (iii), (iv), (v), (vi), and (vii) shall be counted as one qualified employee for purposes of this section.
“Qualified employment level,” the number of qualified employees of the corporation in this commonwealth in the taxable year.
“Qualified jobs commitment level,” the base period employment level for qualified employees multiplied by the jobs commitment percentage in effect for the taxable year.
(1) Notwithstanding the preceding sections, if, for any taxable year beginning on or after January 1, 2005, a defense corporation as described in subsection (k), a manufacturing corporation as described in subsection (l), or a mutual fund service corporation to the extent of its mutual fund sales as described in subsection (m) does not have a qualified employment level that equals or exceeds its qualified jobs commitment level for the taxable year and a non-qualified employment level that equals or exceeds its non-qualified jobs commitment level for the taxable year, the corporation shall apportion its net taxable income to this commonwealth in accordance with subsection (c), unless adverse economic conditions have occurred in that taxable year.
(2) If adverse economic conditions occur in two or more consecutive taxable years beginning on or after January 1, 2005, a corporation’s jobs commitment percentage for the first taxable year following the most recent year in which adverse economic conditions occurred shall be reduced by five percentage points for each taxable year in excess of one in which adverse economic conditions occurred. The jobs commitment percentage shall increase by five percentage points in each subsequent taxable year until it reaches one hundred percent.
(3) The commissioner of revenue shall promulgate regulations implementing the provisions of this subsection.

CLERK NUMBER: 520

Mr. Goguen of Fitchburg, Ms. Simmons of Leominster and Mr. Knuuttila of Gardner move that the bill be amended in section 2, in item 1410-0250, in line 14 by striking out the figures “$108,000” and inserting in place thereof the figures “$120,000”.

CLERK NUMBER: 521

Representative Hillman of Sturbridge moves that the bill be amended by adding at the

end thereof the following section (s):

Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after

section 4L the following new section:-

Section 4M. The department of public health shall have the authority to require each

health insurance carrier in the commonwealth, as defined in chapter 176O, and the group

insurance commission, as established pursuant to chapter 32A, to contribute to the

General Fund an amount determined by the department to be sufficient to cover the costs

of purchasing and distributing childhood vaccines for children covered by the carrier or

the group insurance commission. Such contribution shall be on an annual basis, in such

manner as determined by the department.
CLERK NUMBER: 522

Ms. Peisch of Wellesely and Mr. Rush of Boston move that the bill be amended in section 2, in item 0640-0300, in line 7, by inserting after “general fund” the following:

"provided further, that $300,000 shall be expended for From the Top, INC., a Boston based multimedia and education project;"

CLERK NUMBER: 523

Mr. George of Yarmouth Port, Ms. Creedon of Brockton, and Ms. Grant of Beverly move that the bill be amended in section 2, in item 0810-0000, by striking out the figure “$20,851,774” and inserting in place thereof the figure “$15,851,774”; and in item 7003-0701, by striking out the figure “$18,000,000” and inserting in place thereof the figure “$13,000,000” and by adding at the end thereof the following section:

“Subsection 31(c1/2) of chapter 118E of the General Laws, inserted by section 329 of chapter 26 of the Acts of 2003, is hereby amended by adding at the end thereof the following words:-
There shall be exempt from the effects of this subsection the first $500,000 of the estate of any individual who has received benefits from the Commonwealth of Massachusetts MassHealth program.”

CLERK NUMBER: 524

Representative Linsky of Natick moves that the bill be amended in section 2, in item 2820-0100, in line 10, by inserting after “true seasonal employees” the following: “provided that not less than $50,000 be expended for improvements at Jameson Field in Sherborn”; and in said item by striking out the figures “$19,986,715” and inserting in place thereof the figures “$20,036,715”.

CLERK NUMBER: 525

Kane of Holyoke, Wagner of Chicopee, Asselin of Springfield, Petrolati of Ludlow, Buoniconti of West Springfield Rogeness of Longmeadow Humason of Westfield Donelan of Orange and Scibak of South Hadley move that the bill be amended in section 2, in item 4190-0100, by striking out the figure “$16,278,929” and inserting in place thereof the figure of “$16,658,929”.

CLERK NUMBER: 526

Kane of Holyoke, Keenan of Southwick, Wagner of Chicopee, Asselin of Springfield, Petrolati of Ludlow, Buoniconti of West Springfield Rogeness of Longmeadow Humason of Westfield Donelan of Orange and Scibak of South Hadley move that the bill be amended in section 2, in item 4190-0100, by striking out the figure “$16,278,929” and inserting in place thereof the figure of “$16,658,929”.

CLERK NUMBER: 527

Alice Wolf of Cambridge, Timothy Toomey of Cambridge, and Paul Demakis of Boston move that the bill be amended in section 2, in item 7003-0702, in line 2, by inserting after “enterprise” the following: “; and provided further, that not less than $139,500 shall be expended for the Just-A-Start Corporation to provide training for entry level employment in the biotech and medical fields for 30 unemployed or displaced workers, or persons receiving benefits from the transitional aid to families with dependent children program”; and in said item by striking out the figures “$4,000,000" and inserting in place thereof the figures “$4,139,500".

CLERK NUMBER: 528

Representative LeDuc of Marlborough moves that the bill be amended in section 2, in item 7006-0020, in line 13, by inserting after “regulations promulgated under section 2 of said chapter 218” the following:

Provided further, that not less than $60,000 shall be allocated for administrative support personnel for the Automobile Insurers Appraisers Board

CLERK NUMBER: 529

MR. TURKINGTON of FALMOUTH moves that the bill be amended at the end thereof by adding the following section:

“SECTION__.: Section 29B of Chapter 217 of the General Laws is hereby amended by striking the last two sentences and inserting in place thereof the following:-
The register of probate may designate 1 employee as deputy assistant register with the same powers as assistant register and may revoke any such designation at will. A deputy assistant register shall receive as additional compensation, subject to appropriation, an amount equal to 15 per cent of the annual salary of the Nantucket county register of probate.”.

CLERK NUMBER: 530

Mr. Nyman of Hanover moves that the bill be amended in section 2, in item 5930-1000, by adding at the end thereof the following:

“and provided further that not more than $100,000 be expended for the Building Dreams project for the Cardinal Cushing Center in Hanover”.

CLERK NUMBER: 531

Mr. Nyman of Hanover moves that the bill be amended in section 2, in item 5920-3000, by adding at the end thereof the following:

“and provided further that not more than $50,000 be expended for the Friendship Home project in Norwell”.

CLERK NUMBER: 532

Mr. Nyman of Hanover moves that the bill be amended in section 2, in item 7004-0099, by adding at the end thereof the following:

“and provided further that not more than $50,000 be expended for the Rockland Community Center in Rockland”.

CLERK NUMBER: 533

Representatives LeDuc of Marlborough, Cabral of Fall River, L’Italien of Andover, Toomey of Cambridge and Kahn of Newton move that the bill be amended in section 2, in item 4130-3100, by striking out the figures “$8,543,732” and inserting in place thereof the figures “$10,043,732”; and in item 1201-0160, by striking out the figures “$45,779,169” and inserting in place thereof the figures “$44,279,169”.

CLERK NUMBER: 534

Representative Leduc Of Marlborough move that the bill be amended in section 2, in item 4800-0015, by striking out the figures “$63,726571” and inserting in place thereof the figures “$67,334,223” and in item 1201-0160, by striking out the figures “$45,779,169” and inserting in place thereof the figures “$42,171,517”.

CLERK NUMBER: 535

Representatives LeDuc of Marlborough and Cabral of New Bedford move that the bill be amended in section 2, in item 4800-0038, by striking out the figures “$258,516,384” and inserting in place thereof the figures “$261,519,974” and in item 1201-0160, by striking out the figures “$45,779,169” and inserting in place thereof the figures “$42,775,579”..

CLERK NUMBER: 536

Representative LeDuc of Marlborough moves that the bill be amended in section 2, in item 7007-0950, by adding at the end thereof the following:

“Provided further, that not less than $100,000 shall be allocated for the I-495 Technology Corridor Initiative”.

CLERK NUMBER: 537

Alice Wolf of Cambridge, Timothy Toomey of Cambridge, and Paul Demakis of Boston move that the bill be amended in section 2, in item 7003-0702, in line 2, by inserting after “enterprise” the following: “; and provided further, that not less than $139,500 shall be expended for the Just-A-Start Corporation to provide training for entry level employment in the biotech and medical fields for 30 unemployed or displaced workers, or persons receiving benefits from the transitional aid to families with dependent children program”; and in said item by striking out the figures “$4,000,000" and inserting in place thereof the figures “$4,139,500"; and in item 7007-0900, by striking out the figures “$9,000,000” and inserting in place thereof the figures “$8,860,500”.

CLERK NUMBER: 538

Mr. Vallee of Franklin moves that the bill be amended by adding the following:-
SECTION ___. Section 24 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “drivers.”, in line 81, the following paragraph: -
A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment shall include, but need not be limited to, an assessment of the level of the offender’s addiction to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from an assessment or recommended course of treatment for inability to pay, if the offender files an affidavit of indigency or inability to pay with the court, investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.
SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “drivers.”, in line 115, the following paragraph: -
A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment shall include, but need not be limited to, an assessment of the level of the offender’s addiction to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, if the offender files an affidavit of indigency or inability to pay with the court, the investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.
SECTION 3. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “drivers.”, in line 148, the following paragraph: -
A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender’s addictions to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.
SECTION 4. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “drivers.”, in line 182, the following paragraph: -
A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender’s addictions to alcohol or drugs, and the department’s recommended course of treatment. Such assessment shall be reported to the offender’s probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.
SECTION 5. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 351 to 352, the words “six months” and inserting in place thereof the following words:- 1 year.
SECTION 6. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 363, the words “one year” and inserting in place thereof the following words:-18 months.
SECTION 7. Said section 24 of said chapter 90, as so appearing, is hereby amended by inserting at the end thereof the following section:-
Notwithstanding the provisions of any section of this chapter, any person who after being administered the chemical test set forth in this section and such evidence indicates that the percentage was fifteen one hundredths or more and the person is before the court for the first time for such offense, the court shall upon conviction order an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender’s addictions to alcohol or drugs, and the department’s recommended course of treatment. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

CLERK NUMBER: 539

Mr. Vallee of Franklin moves that the bill be amended by adding the following:- SECTION ___. Section 24G of chapter 90 of the General Laws, as amended by sections 21 and 22 of chapter 28 of the Acts of 2003, is hereby further amended by striking out the section in its entirety and replacing it with the following section:--Section 24G. (a) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants, or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person, shall be guilty of homicide by a motor vehicle while under the influence of an intoxicating substance, and shall be punished by imprisonment in the state prison for not less than two and one-half years or more than fifteen years and a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and a fine of not more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.
The provisions of section eighty-seven of chapter two hundred and seventy-six, shall not apply to any person charged with a violation of this subsection.
(b) Whoever, upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, or whoever operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one-half years, or by a fine of not less than three hundred nor more than three thousand dollars, or both.
(c) Whoever, upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of reckless homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years, or by imprisonment in the state prison for not more than ten years, or by a fine of not more than three thousand dollars, or by both such fine and imprisonment. For the purpose of this section, a person operates recklessly when he consciously disregards a substantial and unjustifiable risk that the lives or safety of the public might be endangered.
(d) The registrar shall revoke the license or right to operate of a person convicted of a violation of subsection (a), (b), (c) or punished under section 13 of chapter 265 of the General Laws when a motor vehicle is the instrument of the offense for a period of ten years after the date of conviction for a first offense. The registrar shall revoke the license or right to operate of a person convicted for a subsequent violation of this section for the life of such person. No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or of the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant.

CLERK NUMBER: 540

Sponsors [(Atsalis Of Hyannis)] move that the bill be amended in section 2, in item 8910-0000, in line 13, by inserting after “2004” the following:

provided further, that not less than $4,900,000 shall be expended to the sheriff department of Barnstable county to fund the operational expenses associated with the new correction facility in fiscal year 2005

CLERK NUMBER: 541

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

Section 4I of Chapter 7, as appearing in the 2003 Official Edition, is hereby amended by striking out the first thee paragraphs in there entirety and inserting in place thereof the following paragraphs:-
There shall be within the executive office for administration and finance, but not under its supervision or control, a commission to be known as the civil service commission, consisting of five members, two of whom because of vocation, employment, occupation or affiliation, can be classified as a bona fide representative of labor; 2 of whom shall have prior experience serving as a town administrator, city manger, selectman or city councilor, with whom the fifth member being appointed by a majority vote by the Governor, Senate President and Speaker of the House.
Upon the expiration of the term of office of a commissioner of the civil service commission, his successor shall be appointed by a majority vote of the Governor, Senate President and Speaker of the House for five years; provided, however, that if such successor is not appointed within sixty days of the expiration of the term of office of a commissioner, the said commissioner shall be deemed to be reappointed to a full term. Not more than three such members of said commission shall be members of the same political party, and, of the members of said commission who are enrolled as members of a political party on the voting list used at the primaries, not more than a majority of such members shall be of the same political party. The governor shall, from time to time, designate one of the members as chairman. The positions of chairman and each other member of the commission shall be classified in accordance with section forty-five of chapter thirty and the salaries shall be determined in accordance with section forty-six C of said chapter thirty. The commissioners shall receive their travel and other necessary expenses incurred in attending meetings.

CLERK NUMBER: 542

Quinn of Dartmouth moves that the bill be amended in section 2, in item 2320-0100, in line 7, by inserting after “Laws” the following: “provided, further that not less than $50,000 shall be expended for the repair of the state boat ramp located on Apponagansett Bay in the town of Dartmouth ”; and in said item by striking out the figures “$300,092” and inserting in place thereof the figures “$350,092”.

CLERK NUMBER: 543

Quinn Of Dartmouth , Howland of Freetown, Koczera of New Bedford, Cabral of New Bedford, Eldridge of Acton, Leary of Worcester, Carron of Southbridge, Binienda of Worcester move that the bill be amended in section 2, in item 2200-0100, in line 12, by inserting after “members” the following:

"provided further, that not less than one hundred sixteen full-time employees shall be staffed at the Lakeville regional area office, not less than one hundred and thirty full-time employees shall be staffed at the Worcester regional area office, and not less than eighty-seven full-time employees shall be staffed at the Springfield regional area office."

CLERK NUMBER: 544

Quinn Of Dartmouth, Howland of New Bedford move that the bill be amended in section 2, in item 2511-0195, in line 2, by inserting after “Massachusetts” the following:

"provided that the department is authorized to assess an administrative charge not to exceed two percent of the total appropriation herein;" and inserting after the word "provided" the word: "remaining"

CLERK NUMBER: 545

Quinn of Dartmouth, Rodrigues of Westport, Haddad of Somerset, Sullivan of Fall River, Cabral of New Bedford, Straus of Mattapoisett, Teahan of Whitman, Toomey of Cambridge move that the bill be amended in section 2, in item 0320-0003, in line 3, by inserting after “commonwealth” the following: “provided further, that not less than $95,000 shall be expended for the implementation of a changing lives through literature program”; and in said item by striking out the figures “$6,526,726” and inserting in place thereof the figures “6,621,725”.

CLERK NUMBER: 546

Quinn Of Dartmouth , Cabral of New Bedford, Koczera of New Bedford, Howland of Freetown, Straus of Mattapoisett, Carron of Southbridge move that the bill be amended in section 2, in item 2330-0100, in line 5, by inserting after “program” the following:

“provided further, that the sum expended for the Center for Marine Science and Technology for research to minimize the economic impact of new fisheries management regulations shall not be reduced from fiscal year 2004 except in proportion to adjustments consistent with the department’s budget adjustment.”

CLERK NUMBER: 547

Quinn Of Dartmouth moves that the bill be amended in section 2, in item 2200-0100, in line 12, by inserting after “members” the following: “provided further, that not less than $350,000 shall be expended for coastal pollution remediation for storm water discharge to improve the water quality of Buzzards Bay in the town of Dartmouth”; and in said item by striking out the figures “$26,555,935” and inserting in place thereof the figures “$26,905,935”.

**** Source of Funds – Reserve Account *****

CLERK NUMBER: 548

Miss Reinstein of Revere, Mr. DeLeo of Winthrop move that the bill be amended in section 2, in item 1201-0100, by striking out the figures "$107,470,805" and inserting in place thereof the figures "$105,970,805"; and in item 2820-0100, by striking out the figures “19,986,715” and inserting in place thereof the figures “21,486,715”, and by inserting in said item 2820-0100 after the words “payment to true seasonal employees” the following: “; provided further that not less than $1,500,000 be expended from said item to repair and replace the failed, failing and/or damaged culverts in the Sales Creek drainage channel of the cities of Revere and Boston, which are owned by the Department of Conservation and Recreation and which pose potential public health emergencies by preventing adequate drainage of a major watershed, and to repair and restore the damaged surfaces in the area surrounding the collapsed and/or undermined culverts that pose potential public safety emergencies due to unstable ground and surface areas under Tomasello Road and other areas, roadways and drives, and notwithstanding any general or special act to the contrary, to reimburse the actual, invoiced costs incurred by the owner of the property crossed by said culverts for the repair and replacements thereof and for the restoration of damaged surfaces in the surrounding area in order to address on an emergency basis the public and private nuisance caused by the failure of such culverts.

CLERK NUMBER: 549

Miss Reinstein of Revere, Mr. DeLeo of Winthrop move that the bill be amended in section 2, in item 0640-0000, by striking out the figures "$67,022,388" and inserting in place thereof the figures "$65,522,388"; and in item 2820-0100, by striking out the figures “19,986,715” and inserting in place thereof the figures “21,486,715”, and by inserting in said item 2820-0100 after the words “payment to true seasonal employees” the following: “; provided further that not less than $1,500,000 be expended from said item to repair and replace the failed, failing and/or damaged culverts in the Sales Creek drainage channel of the cities of Revere and Boston, which are owned by the Department of Conservation and Recreation and which pose potential public health emergencies by preventing adequate drainage of a major watershed, and to repair and restore the damaged surfaces in the area surrounding the collapsed and/or undermined culverts that pose potential public safety emergencies due to unstable ground and surface areas under Tomasello Road and other areas, roadways and drives, and notwithstanding any general or special act to the contrary, to reimburse the actual, invoiced costs incurred by the owner of the property crossed by said culverts for the repair and replacements thereof and for the restoration of damaged surfaces in the surrounding area in order to address on an emergency basis the public and private nuisance caused by the failure of such culverts.

CLERK NUMBER: 550

Mrs. Paulsen of Belmont moves that the bill be amended by inserting after section 109 the following section:
“Section 110: To increase further a sense of responsibility on the part of inexperienced drivers and to increase the safety of all legitimate users of the roadway system---motorists, pedestrians, the disabled, bicyclists, and motorcyclists----the Registry of Motor Vehicles is hereby directed to undertake a study of their policies, programs, curricula, testing materials and publications to ensure that education requirements encompass the safety of all roadway users and such efforts to promote safety are integrated across all such policies, programs curricula testing materials and publications.
The Registrar shall convene a study commission by September 1, 2004 whose membership shall include:
1. The Registrar or her designee who shall serve as chair and as a non-voting member;
2. A representative of the Governor's Highway Safety Bureau Appointed by the Sec. of Public Safety;
3. One of three persons recommended by the Mass. Bicycle Coalition and appointed by the Sec. of Public Safety;
4. One of three persons recommended by Walk Boston and appointed by the Sec. of Public Safety;
5. A representative of the insurance industry appointed by the Registrar;
6. One of three persons recommended by the motorcycle interests and appointed by the Sec. of Public Safety;
7. The chairs of the House and Senate Committees on Public Safety or their designees;
8. A representative of the driver education industry appointed by the Registrar.
The Study Commission shall report to the Registrar and the Secretary of Public Safety their recommendations before Jan 31, 2005 and such recommendations shall be incorporated into the practices, procedures and policies of the Registry of Motor Vehicles by June 30, 2005.