House Budget Amendments

Representative Rivera of Springfield moves that the bill be amended in section 80, by striking out the following: “Notwithstanding any general or special law or regulation to the contrary, the division of medical assistance shall seek any necessary federal waivers or regulation changes and develop a pilot program within the MassHealth primary care clinician plan for up to 25,000 disabled managed-care eligible MassHealth members. Said program shall be operated by a single managed care organization and shall be contracted by an open bidding process and reimbursed by the division at a predetermined capitated rate for each such enrolled MassHealth member.”

and inserting in place thereof the following “Notwithstanding any general or special law or regulation to the contrary, the division of medical assistance shall seek any necessary federal waivers or regulation changes and develop a pilot program within the MassHealth program for up to 25,000 disabled managed-care eligible members. Said program shall be operated by a one or more managed care organizations and shall be contracted by an open bidding process and reimbursed by the division at a predetermined capitated rate for each such enrolled MassHealth member”.

Mr. Carron of Southbridge moves that the bill be amended in section 2, in item 5911-2000, by striking out the figures “$13,239,367” and inserting in place thereof the figures “$14,739,369”;

And further moves 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 “$1,500,002”.

Mr. Hynes of Marshfield and Mr. O’Brien of Kingston move that the bill be amended in section 2, in item 9110-1900, in line 1, by inserting after “provided,” the following:

“that all funds appropriated under this item for an elder service corps shall be for corpsmen stipends, for the cost of mailing corpsmen stipends, and for corpsmen participation in group insurance programs, as set forth in chapter 1168 of the acts of 1973; provided further, that the stipend for full-time corpsmen shall not exceed the maximum allowed under earnings limitation sections of the Social Security Act and the stipend for part-time corpsmen shall not exceed $130 per month; provided further,”

Representatives Peisch of Wellesley, L’Italien of Andover, Linsky of Natick, Atkins of Concord, Festa of Melrose, Marzilli of Arlington, Costello of Newburyport, Demakis of Boston, Khan of Newton, Rush of Boston, Smizik of Boston, Reinstein of Revere, Donato of Medford, Wolf of Cambridge, Walrath of Stow, Atsalis of Barnstable, Vallee of Franklin, Rivera of Springfield, Spilka of Ashland, Hynes of Marshfield, Ciampa of Somerville, Murphy of Burlington, Stanley of West Newbury, Scibak of South Hadley, Spiliotis of Peabody, Travis of Rehoboth, Sullivan of Fall River, Kocot of Northampton, Walsh of Boston, Story of Amherst, Teahan of Whitman, Miceli of Wilmington, Gomes of Harwich, Rushing of Boston, Petersen of Marblehead, Kafka of Stoughton, Carron of Southbridge, Cabral of New Bedford, Blumer of Framingham, Falzone of Saugus, Finegold of Andover, Eldridge of Acton, Knuuttila of Gardner and Howland of Freetown move that the bill be amended in section 2, in item 5920-2025, by striking out the figures “106,451,278” and inserting in place thereof the figures “109,171,278”; and in item 8900-0001, by striking out the figures “428,124,325” and inserting in place thereof the figures “425,404,325”.

Fennell Of Lynn And Dempsey Of Haverhill 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 there is hereby established a three year pilot program to authorize and empower the Essex County Sheriff’s Department to act as the administrator of the workers’ compensation system for the department. This pilot program will assume all current workers’ compensation functions now being performed by the Human Resource Division of Commonwealth and will report to the House and Senate Ways and Means committee with an annual report on August 31, 2005 and every consecutive year thereafter until completion of said pilot program as to the efficiencies of the program.

There shall be established a workers’ compensation revolving account (trust) for the life of the pilot program. Each fiscal year a transfer(s) of the estimated funds to manage the worker's compensation system for the department shall be made from the general appropriation line item (8900-0619) into the revolving account. The monies in this revolving account shall only be used for the purpose of administrating and paying workers’ compensation system related expenses within the department. The revolving account shall be audited annually and copies of said audit shall be furnished to the house and senate ways and means committees and the office of the state comptroller.

Fennell Of Lynn move that the bill be amended by adding at the end thereof the following section(s):Section 3 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the word "Airport" in line 304, the following words:-, and Port of Boston and after the word "men," in line 305, the second time it appears, the following words:-, port lieutenants, port sergeants and port officers.

Fennell Of Lynn move that the bill be amended by adding at the end thereof the following section(s):There shall be established and set up on the books of the Commonwealth a separate fund to be known as the Underground Storage Tank Petroleum Cleanup Fund. There shall be credited to such fund: any fees, penalties, and other amounts collected pursuant to chapter twenty-one J; and appropriation, grant, gift, or other contribution explicitly made to such fund; and any interest earned on monies within the fund.

Amounts credited to said fund shall be used, subject to appropriation, for the purposes set forth in chapter twenty-one J.

Representative Scibak Of South Hadley move that the bill be amended in section 2, in item 8000-0010, by adding at the end thereof the following:Provided that no less than $50,000 be allocated to the South Hadley Police Department.

Representative Scibak of South Hadley moves that the bill be amended in section 2, in item 6005-0015, in line 10, by inserting after “shall not be assessed upon the cities and towns constituting the authorities” the following:Provided further, that the level of assistance provided by the Commonwealth to the 15 regional transit authorities shall be adjusted annually, by the same proportion as that provided to the Massachusetts Bay Transportation Authority, using the specific formula as specified in section 35 of Chapter 10 of the General Laws.

Representative Scibak of South Hadley moves that the bill be amended by adding at the end thereof the following section(s):Provided further that a grant of not less than $50,000 be awarded to the Town of South Hadley for the 2004 Women’s US Open.

Mr. Frost of Auburn move that the bill be amended by adding at the end thereof the following section(s):SECTION 1. Notwithstanding the provisions of paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws or of any other general or special law or rule or regulation to the contrary, any member inactive who has been retired and who is receiving a retirement allowance and who is a veteran, who served in the armed forces of the United States between January 1, 1940 and the termination of the Selective Service Act of 1948, shall be entitled to credit for such service in the armed forces of the United States; provided, however, that such service shall not be credited until such member inactive who has been retired has paid into the annuity savings fund of such system, in one sum or in installments, upon such terms and conditions as the board may prescribe, makeup payments, for each year of creditable service sought, of an amount equal to the ten percent of the regular annual compensation of the member inactive when said member inactive entered the retirement system; provided further, that such creditable service shall not be construed to include service for more than four years; provided further, that such creditable service shall not be allowed for any period of active service for which said veteran has received credit pursuant to paragraph (h) of subsection (1) of section 4 of chapter thirty-two of the General Laws or for which said veteran receives a federal military pension; and provided further, that any increase in the amount of retirement allowance for any such member shall be effective beginning, January 1, 2002.

SECTION 2. Section 4 of Chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 132 by striking out the words: “and who has completed ten or more years of membership service”.

SECTION 3. Section 3 of Chapter 71 of the Acts of 1996 is hereby amended by striking out the second paragraph and inserting in place the following:—

“Members in service of a retirement system eligible for said creditable service under this act shall make application for said creditable service not earlier than the date of becoming eligible and not later than 180 days after being notified by the retirement board of their eligibility after becoming vested in the retirement system, or for currently eligible members, within 180 days of the acceptance of this act by the local legislative body.”

Mr. Straus of Mattapoisett, Mr. Atsalis of Hyannis, Ms. Reinstein of Revere, Ms. Blumer of Framingham, Mr. Binienda of Worcester, Smizik of Brookline, Ms. Canavan of Brockton, Mr. Fallon of Malden, Ms. Balser of Newton, Ms. Teahan of Whitman, Ms. Spiliotis of Peabody, Ms. Gobi of Spencer, Mr. Koczera of New Bedford, Mr. Howland of East Freetown, Mr. Linsky of Natick, Mr. Rush of West Roxbury, Mr. Festa of Melrose, Ms. Story of Amherst, Mr. Cabral of New Bedford, Mr. Timilty of Milton move that the bill be amended in section 2, in line item 4510-0600, in line 11 by inserting after “commonwealth,” the following:

Provided further than no less than $75,000 shall be used to fund the ALS registry created by Section 26 of Chapter 140 of the Acts of 2003; and in said item striking out the figure “2,486,780” and inserting the figure “2,561,780”

Mr. Straus of Mattapoisett moves that the bill be amended in section 2, in line item 2800-0101, in line 18 by inserting after “charged,” the following:

“provided further that no less than $80,000 be used for a Buzzards Bay water quality restoration projects including, but not limited to engineering and permitting costs for restoration in Mattapoisett of the Eel Pond drainage culvert, storm separators in West Island and Little Bay in the Town of Fairhaven and similar water quality projects in Buzzards Bay; and in said item striking out the figure “10,604,899” and inserting the figure “10,684,899.”

Ms. Polito of Shrewsbury moves that the bill be amended in section 2, in item 0640-0351, by striking out the figures “$1,000,000” and inserting in place thereof the following: -- figures “$850,000”; and in item 7007-0950, in line 16, by inserting after the word “Project” the following: “; provided further, that not less than $150,000 shall be expended for improvements in the form of signage, plantings and lighting along the Boston Turnpike Business Corridor located in Shrewsbury”.

Mr. Straus of Mattapoisett moves to amend the bill in Section 2, line item 2511-0100, by striking out the following:

“provided, that notwithstanding any general or special law or regulation to the contrary, any regulation promulgated or enforced by said department that, if finally enforced with regard to a person or entity violating said regulation, would cause the closure of a business or the loss of a license issued by said department and ultimately result in job loss to such persons or entities shall be reviewed by the division of administrative law appeals in an expedited fashion prior to final enforcement of said regulation unless said closure and/or license revocation is designated as a public health emergency by the commissioner of said department; provided further, that said person or entity shall be entitled to present to said division, at the time of said review, information summarizing the economic impact that would result from final enforcement as it relates to the nature of the violation alleged by said department”

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

“Notwithstanding the provisions of any general or special law to the contrary, no state college, the Massachusetts College of Liberal Arts, Massachusetts College of Art, Massachusetts Maritime Academy , or any Community College shall make any expenditure for the issuance and/or renewal of student or employee identification cards which display the student or employee’s social security number.”

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

“Notwithstanding the provisions of any general or special law to the contrary, licenses displaying social security numbers shall only be used upon the request of the applicant.”

Representative Murphy of Burlington , Donovan of Woburn and Jones of North Reading move that the bill be amended by adding at the end thereof the following section(s):"SECTION __. The bridge located on Route 3 North and extending over Route 62 in the town of Bedford , northbound bridge number B-04-011 (AYA) and southbound bridge number A-04-011 (AY9), shall be designated and known as the Michael P. Lenihan Bridge . The department of highways shall erect and maintain a suitable marker on said bridge bearing said designation in compliance with the standards of said department".

Mr. Hynes of Marshfield moves that the bill be amended by striking out section 90.

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

1 Section 110. The Division of Capital Asset Management and Maintenance and the 2 Massachusetts Highway Department shall close and secure the rest stop area on Route 2 3 west in the town of Harvard.

Mr. Eldridge of Acton, Mr. Naughton of Clinton and Ms. Simmons of Leominster move that the bill be amended in section 2, in item 7007-0950, in line 9, by inserting after “a grant for the From The Top Inc;” the following: “provided further, that not less than $50,000 shall be expended for a grant for capital improvements for the Johnny Appleseed Visitors Center”;

Ms. Callahan of Sutton, Mr. Hynes of Marshfield, Ms. Grant of Beverly, Mr. Walsh of Dorchester, Mr. Coughlin of Dedham, Mr. Galvin of Canton, Mr. Smizik of Brookline, Ms. Spiliotis of Peabody, Mr. Wallace of Boston, Mr. Driscoll of Braintree, Mr. Rush of West Roxbury, Mr. Linsky of Natick, Mr. Kocot of North Hampton, Ms. Gobi of Spencer, Ms. Goguen of Fitchburg, Mr. Fresolo of Worcester, Mr. Walsh of Lynn, Mr. Vallee of Franklin, Ms. Spilka of Ashland, Mr. Pedone of Worcester, Mr. Eldridge of Acton, Ms. Haddad of Somerset, Ms. Reinstein of Revere, Ms. L’Italien of Andover, Ms. Wolf of Cambridge, Ms. Balser of Newton, Mr. Costello of Newburyport, Mr. Kujawski of Webster and Ms. Teahan of Whitman, Ms. Blumer of Framingham, Mr. Timilty of Milton, Mr. Golden of Lowell, Mr. Howland of Freetown, Mr. Toomey of Cambidge, Mr. Binienda of Worcester, Mr. Demakis of Boston, Mr. Verga of Gloucester, Mr. Kafka of Sharon, Mr. Knuuttila of Gardner, Mr. Connelly of Everett, Mr. DeLeo of Winthrop, Ms. Malia of Boston, Mr. Golden of Allston, Mr. Festa of Melrose, Mr. Spellane of Worcester, Mr. Falzone of Saugus, Mr. Marzilli of Arlington, Mr. Atsalis of Barnstable, and Mr. Leary of Worcester move that the bill be amended by adding at the end thereof the following section:

Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 219. (a) As used in this section, the following words, shall, unless the context clearly require otherwise, have the following meanings:-

“Acuity-based patient classification system”, a standardized set of criteria based on scientific data that acts as a measurement instrument which predicts registered nursing care requirements for individual patients based on severity of patient illness, need for specialized equipment and technology, intensity of nursing interventions required and the complexity of clinical nursing judgment needed to design, implement and evaluate the patient's nursing care plan consistent with professional standards of care, details the

amount of registered nursing care needed, both in number of direct-care registered nurses and skill mix of nursing personnel required on a daily basis for each patient in a nursing department or unit and is stated in terms that readily can be used and understood by direct-care registered nurses. The acuity system criteria shall take into consideration the patient care services provided not only by registered nurses but also by licensed practical nurses and other health care personnel.

"Assessment tool", a measurement system which compares the registered nurse staffing level in each nursing department or unit against actual patient nursing care requirements in order to review the accuracy of an acuity system.

"Direct-care registered nurse", a registered nurse who has accepted direct responsibility and accountability to carry out medical regimens, nursing or other bedside care for patients.

"Facility", a hospital licensed pursuant to section 51 of chapter 111 of the general laws, the teaching hospital of the university of massachusetts medical school, any licensed private or state-owned and operated general acute care hospital, an acute psychiatric hospital, a specialty hospital, or any acute care unit within a state operated facility.

"Nursing care", care which falls within the scope of practice as prescribed by state law or otherwise encompassed within recognized professional standards of nursing practice, including assessment, nursing diagnosis, planning, intervention, evaluation and patient advocacy.

“Ratio”, the actual number of patients to be assigned to each direct care registered nurse.(b) The department of public health shall have the power and its duty shall be:

(1) to promulgate the rules and regulations necessary to carry out the purposes and provisions of this chapter, including regulations defining terms, and prescribing the process for establishing a standardized acuity-based patient classification system.

(2) to assure that the provisions of this chapter and all rules and regulations promulgated under this chapter are enforced; and to promulgate, within one year of the effective date of this chapter, regulations providing for an accessible and confidential system to report any failure to comply with requirements of this chapter and public access to information regarding reports of inspections, results, deficiencies and corrections under this chapter.

(3) to develop within one year of passage of this act a standardized acuity-based patient classification system as defined in section (a) to be utilized by all facilities to increase the number of direct care registered nurses to meet patient needs.

(c) Each facility, as defined in paragraph (a) shall incorporate and maintain the following minimum direct-care registered nurse-to-patient ratios:-

* The triage, radio, or other specialty registered nurse shall not be counted as part of this number.

Specialty Care Unit, any unit not otherwise listed above shall be considered a specialty care unit 1:4

These ratios shall constitute the minimum number of direct-care registered nurses. Additional direct-care registered nurses shall be added and the ratio adjusted to ensure direct-care registered nurse staffing in accordance with an approved acuity-based patient classification system. Nothing herein shall be deemed to preclude any facility from increasing the number of direct-care registered nurses, nor shall the requirements set forth be deemed to supersede or replace any requirements otherwise mandated by law, regulation or collective bargaining contract so long as the facility meets the minimum requirements outlined.

(d) As a condition of licensing, each facility annually shall submit to the department a prospective staffing plan together with a written certification that the staffing plan is sufficient to provide adequate and appropriate delivery of health care services to patients for the ensuing year and does all of the following:

1) meets the minimum direct care registered nurse-to-patient ratio requirements of paragraph (c);

2) employs the acuity-based patient classification system for addressing fluctuations in patient acuity levels requiring increased registered nurse staffing levels above the minimums set forth in said paragraph (c);

3) provides for orientation of registered nursing staff to assigned clinical practice areas, including temporary assignments;

4) includes other unit or department activity such as discharges, transfers and admissions, administrative and support tasks that are expected to be done by direct-care registered nurses in addition to direct nursing care;

5) submits the assessment tool used to validate the acuity system relied upon in the plan.

As a condition of licensing, each facility annually shall submit to the department an audit of the preceding year’s staffing plan as dictated in clauses (1) to (5), inclusive. The audit shall compare the staffing plan with measurements of actual staffing as well as measurements of actual acuity for all units within the facility.

(e) As a condition of licensing, a facility required to have a staffing plan under this chapter shall:

(1) prominently post on each unit the daily written nurse staffing plan to reflect the registered nurse-to-patient ratio means of consumer information and protection.

(2) provide each patient and/or family member with a toll-free hotline number for the Division of Health Care Quality at the department, which may be used to report inadequate registered nurse staffing. Such complaint shall cause investigation by the department within 24 hours to determine whether any violation of law or regulation by the facility has occurred.

(f) No facility may directly assign any unlicensed personnel to perform nondelegatable licensed nurse functions in-lieu of care delivered by a licensed registered nurse. Additionally, unlicensed personnel are prohibited from performing tasks, which require the clinical assessment, judgment and skill of a licensed registered nurse. Such functions shall include, but are not limited:

(1) Nursing activities which require nursing assessment and judgment during implementation;

(2) Physical, psychological, and social assessment which requires nursing judgment, intervention, referral or follow-up;

(3) Formulation of the plan of nursing care and evaluation of the patient’s/client’s response to the care provided; and

(g) Such rules and regulations shall require that a full time registered nurse executive leader be employed by each facility to be responsible for the overall execution of resources to ensure sufficient registered nurse staffing is provided by said facility.

(h) Such rules and regulations shall require that a full time registered nurse be designated by the facility to be responsible for the overall quality assurance of nursing care as provided by the facility.

(i) Such rules and regulations shall require that a full time registered nurse be designated by each facility to ensure the overall occupational health and safety of nursing staff employed by said facility.

(j) Appropriate Orientation. For purposes of compliance with the minimum registered nurse staffing requirements set forth in this act, no registered nurse shall be assigned, or be included in the count of assigned registered nursing staff in a nursing department or unit or a clinical area within the health facility unless that registered nurse has an appropriate orientation in that clinical area sufficient to provide competent nursing care to the patients in that area, and has demonstrated current competence in providing care in that area.

(k) For purposes of compliance with the minimum staffing requirements set forth under this chapter, except in cases of national or state declared emergencies, no facility may employ mandatory overtime or mandatory on-call policies. Mandatory overtime shall mean any employer request with respect to overtime, which if refused or declined by the employee, may result in an adverse employment consequence to the employee. The term overtime with respect to an employee, means any hours that exceeds the predetermined number of hours that the employer and employee have agreed that the employee would work during the shift or week involved.

(l) The setting of staffing standards for registered nurses is not to be interpreted as justifying the understaffing of other critical health care workers, including licensed practical nurses and unlicensed assistive personnel. The availability of these other health care workers enables registered nurses to focus on the nursing care functions that only registered nurses, by law, are permitted to perform and thereby helps to ensure adequate staffing levels.

(m) Any facility that fails to anticipate, design, maintain or adhere to a daily written nurse staffing plan in accordance with the provisions of this section, or any rule or regulation promulgated hereunder, (1) shall be subject to revocation of said facility's license or registration, or by a fine of not more than twenty-five thousand dollars, or both, (2) shall be subject to a civil penalty of not more than twenty-five thousand dollars, for each such violation. Each day each such violation occurs or continues shall be deemed a separate offense. These penalties shall be in addition to any other penalties that may be prescribed by law. The department shall have jurisdiction to coordinate enforcement related activities. The civil penalty may be assessed in any action brought on behalf of the Commonwealth or on behalf of any patient or resident aggrieved hereunder in any court of competent jurisdiction.

Fines relative to said violations shall be collected and distributed to the Betsy Lehman center for patient safety and medical error reduction, created by section 7 of chapter 177 of the acts of 2001.

Each facility found in violation of said plan must prominently post its violation notice within each unit in violation. Copies of the notice shall be posted by the facility immediately upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the facility to ensure that the notices are not altered, defaced, or covered by any other material. The department will post said violation notices on its website immediately after a finding of a violation. The notice shall remain on the department’s website for 60 consecutive days or until such violation is rectified, whichever is greater.

Representative Petrolati of Ludlow moves that House Bill 4600 be amended in Section 2, in line item 7007-0950 in line 7, by striking out the word “may” and inserting in place thereof the word “shall”

Mr. Goguen of Fitchburg move that the bill be amended in section 2, in item 7061-0029, in line 2, by striking out the following: “that no less than” and inserting in place thereof the following: “that no more than”.

Representative Murphy of Burlington move that the bill be amended by adding at the end thereof the following section(s):"SECTION _. Section 3 of chapter 471 of the Acts of 1972 is hereby amended by striking out, in line 2, the words "twelve thousand" and inserting in place thereof the figure:- 18,000."

Ms. Atkins Of Concord move that the bill be amended in section 33, by striking out the words “contained in Lines 12 to 17, inclusive, ” and inserting in place thereof the words “Said Council shall consist of 22 members who shall serve without compensation. The following 12 members of said council shall have the right to vote at all council meetings: the General Manager of the Massachusetts Bay Transportation Authority, the Chairman of the Board of the Massachusetts Turnpike Authority, the Chairman of of the Board of the Massachusetts Port Authority, the Secretary of the Executive Office of Transportation and Construction, the Auditor of the Commonwelath, 2 members appointed by the Senate President, 3 representatives of the Massachusetts Association of Regional Planning Agencies as appointed by the governor and 2 members appointed by the Speaker of the House of Representatives.”.

Mr. Sánchez, Mr. Walsh, Ms. Malia, and Ms. Fox of Boston, Mr. Toomey of Cambridge, Ms. Blumer of Framingham, Ms. Khan, and Mr. Falzone of Saugus, move that the bill be amended by adding at the end thereof the following section(s):

SECTION ___ . The Executive Office of Health and Human Services shall annually prepare a public health access program beneficiary employer report. For the purposes of this section, a “public health access program beneficiary” shall mean a person who receives medical assistance or medical benefits under chapter 118E of the General Laws or a person who receives health care services that qualifies as free care pursuant to chapter 118G of the General Laws. The report shall provide the following information for each employer of 50 or more public health access beneficiaries:

(2) the number of public health access program beneficiaries who are employees of the employer;

(3) the number of public health access program beneficiaries who are spouses or dependents of employees of the employer;

(5) the cost to the Commonwealth of providing public health access program benefits for their employees and enrolled dependents.

The report shall not include the names of any individual public health access program beneficiaries. The report shall be submitted annually on February 1 to the Joint Committee on Health Care and the House and Senate Committees on Ways and Means.

Mr. Sánchez of Boston moves that the bill be amended in section 2 in item 0411-1000, by striking the figures “5,135,418” and inserting in place thereof the figures “4,885,418”,

“7061-9611: for after-school programs; provided that not less than $250,000 shall be expended for the Latino After School Initiative…………………………………………………………………$250,000”;

Mr. Sánchez, Mr. Walsh, and Ms. Malia of Boston, Mr. Toomey of Cambridge, Ms. Gomes of Harwich, Ms. Blumer of Framingham, Ms. Khan, Ms. Fox of Boston, and Mr. Falzone of Saugus, move that the bill be amended by adding at the end thereof the following section(s):

Mr. Sánchez and Ms. Malia of Boston, Ms. Jehlen of Somerville, Mr. Atsalis of Hyannis, Mr. Toomey of Cambridge, Mr. Rushing of Boston, Mr. LeDuc of Marlborough, Ms. Peisch of Wellesley, Ms. Blumer of Framingham, Mr. Falzone of Saugus, Mr. Sullivan of Fall River, move that the bill be amended in section 2, in item 0411-1000, by striking out the figures “5,135,418” and inserting in place thereof the figures “0”; and in item 7061-9404, by striking out the figures “14,000,000” and inserting in place thereof the figures “19,135,418”.

Mr. Sánchez and Ms. Malia of Boston, Mr. Koutoujian of Waltham, Ms. Jehlen of Somerville, Mr. Festa of Melrose, Mr. Smizik of Brookline, Mr. Atsalis of Hyannis, Mr. DeLeo of Winthrop, Mr. Golden of Lowell, Mr. Linsky of Natick, Ms. Haddad of Somerset, Mr. Toomey of Cambridge, Mr. Rushing of Boston, Mr. LeDuc of Marlborough, Mr. Petersen of Marblehead, Ms. Peisch of Wellesley, Ms. Blumer of Framingham, Mr. Falzone of Saugus, Mr. Sullivan of Fall River, Mr. Knuuttila of Gardner, 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 “63,122,388; and in item 4590-0250, by striking out the figures “12,622,966” and inserting in place thereof the figures “16,522,966”.

Ms. Polito Of Shrewsbury move that the bill be amended in section 2, in item 0526-0100, in line 2, by inserting after “archives” the following: “; provided that, not less than $100,000 shall be expended for improvements to the Nathan Fisher House located in the Town of Westborough”; and in said item by striking out the figures “792,856” and inserting in place thereof the figures “892,856”.

Messrs. Dempsey Of Haverhill And Mariano Of Quincy move that the bill be amended by adding at the end thereof the following section(s):"SECTION . The definition of "ambulatory surgical center" in section 1 of chapter 118G of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following sentence: - A single specialty or multi-specialty ambulatory surgical center which is licensed or exempt from state licensure by the Commonwealth shall be included herein and shall be qualified for full particpation in the Medicaid program."

Messrs. Dempsey Of Haverhill And Lantigua Of Lawrence move that the bill be amended in section 2, in item 4000-0600, by adding at the end thereof the following:“; provided further, that effective July 1, 2004 through June 30, 2005 , Medicaid shall establish nursing facility payment rates and fully fund allowable costs using calendar year 2002 base year costs”.

Mr. Dempsey Of Haverhill moves that the bill be amended in section 2, in item 7007-0515, in line 3, by inserting after “Commerce” the following: “provided further, that not less than $100,000 shall be expended for the Business Location Information Portal pilot program to be operated by the Greater Haverhill Chamber of Commerce ”; and in said item by striking out the figures “$550,000” and inserting in place thereof the figures “$650,000”.

Mr. Dempsey Of Haverhill move that the bill be amended by adding at the end thereof the following section(s):There shall be an information technology advisory board. The advisory board shall consist of seven members including: the executive department’s chief information officer, the legislative department’s chief information officer, the judicial department’s chief information officer, the chair of the senate committee on science and technology, the chair of the house committee on science and technology, and two members appointed by the governor for terms of one year each, one of whom shall have expert knowledge in the area of information technology, one of whom shall represent the interests of business and the other the interests of consumers.

The board shall annually by July first of every year draft, recommend and present for signature to the Governor, the speaker of the house of representatives, the president of the senate, the chief justice of the supreme judicial court and the constitutional officers, a memorandum of understanding among and acceptable to the executive department, legislature, judiciary and constitutional offices that shall include information technology standards and a strategic plan for the signatories’ acquisition and use of information technology. In addition, the advisory board shall advise the executive department’s chief information officer on information technology issues, including the development of an enterprise vision, strategy and direction for the use of information technology in the executive department, the development of policy, strategic planning, and project selection criteria, and information technology architecture, infrastructure, information technology investments and security. The advisory board shall also file annually on July first of every year, a report with the Governor, the speaker of the house, the president of the senate, the constitutional officers, and the chief justice of the supreme judicial court, including its analysis and recommendations during the previous year.

The information technology advisory board’s membership shall meet regularly on a schedule to be determined by its members, but in any case no fewer than four times a calendar year. The members of said board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties. The information technology division’s staff shall provide such assistance as the board may deem necessary.

Mr. Dempsey Of Haverhill move that the bill be amended by adding at the end thereof the following section(s):"SECTION . (a) There is established a task force to study reflectorized safety number plates, within available appropriations. The task force shall study the feasability of a state-wide license plate reissuance for passenger and commercial vehicles. Such study shall include, but not be limited to: (1) The impact on the reduction of unregistered and uninsured motor vehicles; (2) the impact on state and local revenue; (3) the task force shall examine state-of-the-art digital technology.

(b) The task force shall consist of the following members: (1) The Registrar of Motor Vehicles, or designee, (2) the Secretary of Public Safety, or designee, (3) a representative from the Department of Correction, (4) a representative from the Massachusetts Police Chiefs Association, (5) a representative from the Massachusetts Municipal Association, (6) a representative from the International Brotherhood of Police Officers, (7) the Chairmen from the Joint Committee on Public Safety, (8) the Chairmen from the House and Senate Committees on Science and Technology, (9) a Chairperson appointed by His Excellency, the Governor.

(c) All appointments to the task force shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) Not later than December 15, 2004 , the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. The task force shall terminate on the date that it submits such report."

Mr. Dempsey of Haverhill moves that the bill be amended by adding at the end thereof the following section(s):“SECTION . Section 3 of Chapter 150E of the General Laws is hereby amended by adding to said section 3 the following new paragraph: --

The appropriate bargaining unit in the case of employees of the committee for public cousel services created by chapter 211D of the General Laws, shall be employees of the committee excluding only managerial and confidential employees.”

Mr. Dempsey Of Haverhill moves that the bill be amended in section 2, in item 4000-0115, in line 2, by inserting after “hospitals” the following:“and nursing homes”

Representatives Dempsey of Haverhill, Lantigua of Lawrence, Parente of Milford and Grant of Beverly move that the bill be amended in section 2, in item 4000-0600, by adding at the end thereof the following:“; provided further, that the regulations, criteria and standards for determining admission to and continued stay in a nursing home shall not be more restrictive than those regulations, criteria and standards in effect on January 1, 2002”.

Mr. Dempsey of Haverhill moves that the bill be amended in section 75, in line 5, by adding after the words “residents” the following: “, provided further that a not-for-profit long term acute care hospital located in Roxbury shall receive $500,000 from said Fund.”.

Mr. Dempsey Of Haverhill moves that the bill be amended in section 75, in line 7, by adding after the words “services.” the following: “Said Secretary shall provide $500,000 in a one-time grant for an inpatient behavioral health provider system comprised of more than 3 hospitals that is licensed by the department of mental health and does not provide medical or surgical services.”.

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

" SECTION . Chapter 118E of the General Laws is hereby amended by adding the following paragraphs as a new section 14B:

(i) A nursing facility must return any unused medications to pharmacy that dispensed it, provided that such medications are: (a) sealed in unopened, individually-packaged units; (b) within the recommended period of shelf-life; and (c) provided that such medications do not qualify as chedule I or II controlled substances as defined in chapter 94C of the General Laws.

(ii) All dispensing pharmacies that receive any unused medications in compliance with subsection (i) above shall reimburse or credit the dividion seventy percent (70%) of the amount charged for such unused medications received if such medicine was for a resident receiving benefits under this chapter. In no event shall any pharmacy otherwise charge any resident or the Commonwealth for such unused, returned medications.”

Ms. Polito Of Shrewsbury move that the bill be amended in section 2, in item 8000-0000, in line 9, by inserting after “2005” the following:

"; provided further, that not less than $100,000 shall be expended for the construction and/or maintanence of a sound and safety barrier located at the outdoor law enforcement training and firing range in the Town of Shrewsbury"

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

The teachers’ retirement board is hereby authorized and directed to analyze, study and evaluate the costs and the actuarial liabilities attributable to providing seventy-five percent purchasing power protection for annuitants of the teachers’ retirement system. The teachers’ retirement board shall also make recommendations on implementing said purchasing power protection incrementally in order to secure seventy-five percent purchasing power protection for annuitants of the teachers’ retirement system. In order to effectuate the funding for the change in benefits for the annuitants of the teachers’ retirement system, the board shall prepare a supplemental pension funding schedule which shall be designed to reduce the actuarial pension liability attributed to the seventy-five percent purchasing power protection to zero on or before June thirtieth, two thousand and thirty-four; provided that in preparing such schedule the board shall consider the actuarial value and the market value of the systems assets and liabilities, the long term investment rate of return on the systems assets and the systems unfunded actuarial liability, and provided further, that the board shall triennially update such supplemental schedule until said June thirtieth, two thousand and thirty-four. The teachers’ retirement board shall file said report together with its recommendations and draft legislation necessary to carry out such recommendations into effect by filing the same with the clerk of the house of representatives, the joint committee on public service and the house and senate committees on ways and means on or before December 31, 2004.

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

Section 1 of chapter 294 of the acts of 1916, as most recently amended by chapter 66 of the acts of 1990, is hereby further amended by striking out the first three sentences and inserting in place thereof the following sentences:-

There shall be an unpaid commission, to be know as the Lake Quinsigamond Commission consisting of the Chief of Police of the City of Worcester, ex officio, one member of the Worcester Conservation Commission to be appointed by the City Manager thereof, one member of the Shrewsbury Conservation Commission, to be appointed by the Moderator of said town, the Chief of Police of the Town of Shrewsbury, ex officio, and one member of the Grafton Conservation Commission to be appointed by the Moderator of said town; and four members who shall be either residential landowning abutters on Lake Quinsigamond or reside within the area of Lake Quinsigamond, and who have demonstrated an interest regarding water quality, fishing, boating and other recreational activities and environmental, wildlife and habitat matters on said lake, who may represent the city of Worcester and the towns of Grafton and Shrewsbury; one of whom shall be appointed by the Town Manager of Grafton, one of whom shall be appointed by the Town Manager of Shrewsbury, one of whom shall be appointed by the City Manager of Worcester and one of whom shall be appointed by majority vote of the preceding 3 members.

Representative Murphy of Burlington moves that the bill be amended in section 2, in item 0640-0300, in line 20, by inserting after the figure “100,000” the following “Not less then $95,000 shall be appropriated toward the Grandview farm on Burlington’s Assessors Map 30, Parcel 17, 59 Center Street, Burlington from this account for its restoration”.

CLERK NUMBER: 598

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

The first sentence of subsection (a) of section 218 of chapter 111 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following:— provided, however, such rules and regulations shall provide that a minor 15 years of age or older, with the consent of his parent or legal guardian, may test to be a potential donor of bone marrow or other source of blood stem cells and may donate bone marrow or other sources of blood stem cells.

CLERK NUMBER: 599

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

SECTION 1. Section 12 of Chapter 210 of the Massachusetts General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the word “person” in line 1, the following:— “eighteen years of age or older,”.

SECTION 2. Said chapter is further amended by inserting after section 12 the following section:—

Section 12A. Petitions for change of name of a minor.

The change of name of a minor shall be legally binding in all circumstances, including, but not limited to, student registration and school record keeping, only if either (a) there is a written agreement signed by each parent or legal guardian expressly stating that each parent or legal guardian consents to said change of name; or (b) said change of name is approved by a justice of the Probate and Family Court in the county where the minor resides. A petition for the change of name of a minor shall be heard by the probate court in the county where the minor resides, provided the petitioner gives proper notice to a nonpetitioning parent and all other parties of interest. Such petition shall not be allowed unless the petitioner establishes that such name change is in the best interest of the minor.

Mr. Stanley of Waltham moves that the bill be amended by adding at the end thereof the following two sections:

“SECTION 1. There is hereby established a Fernald Developmental Center Land Reuse Committee. The Re-use committee shall include the mayor of the city of Waltham, who shall serve as chair of said Re-use committee, the ward councilor from the city of Waltham representing the ward in which the campus is located, who shall serve as vice-chair of said Re-use committee, the planning director of the city of Waltham, the commissioner of the Massachusetts department of mental retardation or his designee, a mentally retarded consumer who is a resident of Fernald, and who shall be appointed by the commissioner of mental retardation, the commissioner of the division of capital asset management and maintenance or his designee, the chair of the commonwealth development coordinating council or his designee, 8 citizens of Waltham to be appointed by the mayor of the city of Waltham, of whom four shall be the citizens appointed to said Re-use committee during fiscal year 2004, the state representative from the ninth Middlesex house district, the state representative from the tenth Middlesex house district, and the senator from the third Middlesex senate district. The Re-use committee shall be responsible for representing the interests of the town in all negotiations with the division of capital asset maintenance and management and the department of mental retardation about the reuse and future development of the developmental center property. The Re-use committee shall, with the assistance of the division, develop a Comprehensive Re-use Consensus Plan for Fernald Developmental Center State Property, which shall provide a detailed description, by parcel, of how the property is to be developed upon closure of the Fernald campus. The plan shall include a description of any potential environmental degradation of the property, along with a proposal for environmental remediation, and a proposed cost for the cleanup, including, but not limited to, any building demolition required on the site. The goals of the plan may include, but shall not be limited to, preservation of open space, creation of affordable housing, development of new business, the creation of recreational opportunities, the development of new community residences for the mentally retarded consumers of Fernald Center, and any other applicable community priorities. The plan may also provide for parcels of land, and specific facilities, to remain under the control of the department of mental retardation. In its deliberations, the Re-use committee shall incorporate smart growth policies to the extent possible, and will be mindful of the rights of current Fernald residents, and their need for adequate and appropriate housing, clinical services, and appropriate staffing provided by DMR. The Re-use committee will examine and consider models for the provision of these services on a section of the Fernald property. The process the Re-use committee shall follow will be determined by a majority vote of its members and shall include a public hearing at the beginning of the process to solicit comments, ideas and re-use proposals. The Re-use committee shall develop a framework with guidelines and parameters as to the re-use of the property. The re-use concept shall be delivered to a sub group consisting of a representative of metropolitan planning organization, the department of capital assets and management, the commonwealth coordinating council, the metropolitan area planning council and the city of Waltham Planning department to produce workable plan(s) based on the re-use concept developed by the Re-use committee. Said sub-group shall present re-use recommendation(s) to the Re-use committee which shall invite the public to comment at a public hearing. The Re-use committee may amend and revise said plan in order to reach a consensus on one concept. Upon approval by the Re-use committee, the plan shall be presented to the Waltham city council for approval, and, if endorsed by majority vote of the council, filed with the division of capital asset management and maintenance. The plan shall also be submitted to the chairs of the house and senate committees on ways and means, and to the house and senate chairs of the joint committee on state administration, along with copies of authorizing legislation, if any, necessary to effectuate the provisions of the reuse plan. If the reuse plan provides for the conveyance of land from the state to the city of Waltham, the legislation shall provide that the price paid for such parcel be for the full and fair market value of the property determined by independent appraisal, for the uses described in the plan, including, but not limited to, any restrictions or and requirements imposed by the plan. Said legislation shall ensure that proceeds from any sale are first applied to repay the commonwealth for the cost of any bonds issued for environmental remediation, consulting services, or other closure costs. Said legislation shall also provide that any remaining proceeds be provided to the department of mental retardation for capital improvements at Fernald, at other intermediate care facilities for the mentally retarded (ICF/MRs), or at community residential settings operated by the state. The Re-use committee shall meet as necessary to complete said reuse plan, as determined by a majority vote of the committee.”; and

“SECTION 2. Section 678 of chapter 26 of the acts of 2003 is hereby repealed.”.