House Budget Amendments

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House Budget Amendments 601-650

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CLERK NUMBER: 601

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

Section 21 of chapter 218 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 6 and 35, the word “two” and inserting in place thereof, in each instance, the following word:— five.

CLERK NUMBER: 602

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

7L-110. Notwithstanding any general or special law to the contrary, for the fiscal year 2005, there shall be no increase in any of the charges at the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke.

CLERK NUMBER: 603

Mr. Kujawski of Webster moves that the bill be amended by inserting at the end thereof the following:-

SECTION _____. Section 15 of Chapter 152 of the Acts of 1997 is hereby amended by striking subsection (d) in its entirety and inserting in place thereof the following:--

(d) Notwithstanding any provision of this act to the contrary, the project, as defined in section 2, shall not be marketed or utilized for so-called gate shows or other similar consumer shows utilizing less than three hundred thousand square feet of rental space. The Authority may enter into agreements with operators of any so-called gate show or consumer show seeking to utilize three hundred thousand square feet or more of rental space; provided, however, that no such show shall be held prior to July 1, 2005 .

CLERK NUMBER: 604

Kane Of Holyoke move that the bill be amended by adding at the end thereof the following section(s):

7L . There shall be established on the books of the commonwealth separate funds to be known as the Soldiers' Home in Massachusetts Capital maintenance Trust Fund and the Soldiers' Home in Holyoke Capital Maintenance Trust Fund. Said funds shall consist of federal reimbursements recoveed or collected from any and all capital improvement projects at the Soldiers" Homes; any amounts received from any appropriartion, grant, gift, bequest or other contribution explicitly made to said funds, and any income derived from the investment of amounts credited to said funds. The amounts so received shall be credited and invested by the Treasurer of the commonwealth and held in trust by the secretary of health and human services. Amounts expended from said funds shall not be subject to further appropriation, and shall not exceed the amount earned in interest and other income derived from the investment of the principle amount credited to said fund. Any expenditures from said funds shall be at the direction of said secretary solely for the purposes of capital maintenance at said Soldiers' Homes. No expenditure from said funds shall be made for any direct or indirect costs associated with personnel. The secretary shall file, with the House and Senate committees on Ways and Means not later than September first of each fiscal year, an annual financial plan of the projected revenues and expenditures for the ensuing fiscal year. All revenues credited to and expendeditures made from such funds shall be reported, by subsidiary, on the Massachusetts management accounting and reporting system.

CLERK NUMBER: 605

Representative Murphy Of Burlington move that the bill be amended by adding at the end thereof the following section(s):

"SECTION _. Section 25 of Chapter 118G, as appearing in the 2002 Official Edition, is hereby repealed."

CLERK NUMBER: 606

Mr. Tobin Of Quincy, Mr. Vallee of Franklin , and Mr. Hillman of Sturbridge move that the bill be amended by adding at the end thereof the following section(s):

SECTION 110. Section 3 of chapter 22E of the General Laws, as appearing in the 2002 Official Edition, as most recently amended by Chapter 107 of the Acts of 2003, is hereby amended by striking in the first sentence the following words: “shall, within 1 year of such conviction or adjudication, submit a DNA sample to the department, which shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director.” and inserting in place thereof the following:-- shall submit a DNA sample to the department within 1 year of such conviction or adjudication, or if incarcerated, prior to the release from custody, whichever occurs first. Such sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director.

SECTION 111. Section 2 of Chapter 107 of the Acts of 2003, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:--

Any person currently on probation or parole as a result of such conviction, adjudication or other judicial determination, notwithstanding the date of such conviction, adjudication or judicial determination, who has not previously submitted a DNA sample to the department under said chapter 22E, shall submit a DNA sample to the department within 1 year after the effective date of this act, or prior to the termination of his probation or parole, whichever occurs first.

CLERK NUMBER: 607

Ms. Atkins Of Concord And Mr. Eldridge Of Acton move that the bill be amended by adding at the end thereof the following section(s):

Not withstanding any provision in any general or special law to the contrary, no adjustments shall be made to the funds contained in or for the purposes of Chapter 44B.

CLERK NUMBER: 608

Mr. Fagan of Taunton moves to amend House # 4600 by striking M.G.L. S58A of Ch. 31, and inserting in its place the following:

Notwithstanding the provisions of any general or special law to the contrary , in any city, town or district that accepts this section, no person shall be eligible to have his name certified for original appointment to the position of firefighter or police officer or apprentice lineman in a municipal light department, if such person has reached his thirty second birthday on the date of the entrance examination. Any veteran shall be allowed to exceed the maximum age provision of this section by the number of years served on active military duty, but in no case shall said candidate for appointment be credited more than four years of active military duty.

CLERK NUMBER: 609

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

SECTION___. (a) 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.

(b) 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”.

(c) 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.”

CLERK NUMBER: 610

Ms. Peisch of Wellesley 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;"; and in said item by striking out the figures “$6,551,400” and inserting in place thereof the figures “$6,851,400”; and in item 0640-0010 by striking out the figures “$10,000,000” and inserting in place thereof “$9,700,000”.

CLERK NUMBER: 611

Representatives Fallon of Malden, Gifford of Wareham and Creedon of Brockton move that the bill be amended by adding after section 1A in chapter 188 of the General Laws the following new section entitled Massachusetts General Law chapter 188, section 1B:-

Notwithstanding the provisions of section 1 and 1A, the real property or manufactured home of elderly persons who are receiving Medicaid benefits, regardless of marital status, shall be protected against attachment, seizure or execution of judgment to the extent of $500,000; provided, however, that such person has filed a declaration of homestead protection as provided in section two; and, provided further, that such real property or manufactured home serves as that individual’s principal residence. For the purposes of this section exclusively, elderly persons who are receiving Medicaid benefits may acquire an estate of homestead which shall benefit the individual’s spouse and issue, including a husband or wife and any children and grandchildren, subsequent to the individual’s death.

The following shall be exempt from the provisions of this section: federal, state and local income and real estate taxes and/or assessments; first and second mortgages held by financial institutions or others; any and all debts, encumbrances or contracts existing prior to the filing of the declaration; an execution issued from the probate court to enforce its judgment that a spouse pay a certain amount weekly or otherwise for the support of a spouse or minor children.

The individual’s estate or claim of homestead shall be terminated upon the sale or transfer of the real property or manufactured home during the declarant's lifetime or upon the sale or transfer of the declarant's interest in the real property or manufactured home during the declarant's lifetime or upon the death of the surviving declarant. An individual’s estate of homestead created by this section shall be terminated during the lifetime of the declarant by deed conveying the property in which such an estate of homestead exists signed by the declarant; or by a release of the person's estate of homestead, duly signed, sealed and acknowledged by the declarant and recorded in the registry of deeds for the county or district in which such real estate is located; or by a release of the person's claim of homestead, duly signed, sealed and acknowledged by the declarant and filed in the city or town clerk's office in the city or town in which the manufactured home is located; or pursuant to section two.

CLERK NUMBER: 612

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

Section 1. AmendmenChapter 58 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after section 20A the following new section:-

Section 20B. Notwithstanding any general or special law to the contrary, if, as of June 30th of the current calendar year, any city or town has collected less than 85 percent of the amount committed to the city or town by the Registry of Motor Vehicles for motor vehicle excise collection for all properly registered vehicles or trailers pursuant to the provisions of chapter 60A for the prior calendar year, less any applicable abatements, then the state treasurer shall deduct from the amount distributable or payable to said city or town from the cherry sheet distribution, so-called, for the fiscal year beginning immediately after June 30th of the current calendar year, a sum equal to the amount of the motor vehicle excise which remains uncollected from the prior calendar year after subtracting any applicable abatements.

SECTION 2. Section 18 of Chapter 59 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after line 95, the following clauses:-

Eighth, Motor vehicles or trailers, used in the conduct of a business and owned by a business entity, shall be assessed in the city or town in which the principal place of business in the commonwealth of the business entity is located unless: (i) the registrar has provided the assessor pursuant to the provisions of chapter 60A with calendar year information about the motor vehicles or trailers, including the make, model, year, vehicle identification number, weight, valuation, and the name and address of the person or business entity that owns or leases said motor vehicles or trailers and the owner has shown proof of payment of the automobile excise tax or (ii) said motor vehicles or trailers are exempt from the excise imposed by chapter 60A.

Eighth A, For purposes of this clause the following words shall have the following meanings:-

“Business entity,” used in this clause shall include a business corporation as defined in chapter 156, a professional corporation organized under chapter 156A, a subchapter S corporation as defined in section thirteen hundred sixty-one of the Internal Revenue Code, a limited liability corporation, a limited liability partnership, a partnership, voluntary association or sole proprietorship conducting business in the commonwealth.

“Motor vehicles or trailers,” used in the clause shall be applicable to motor vehicles or trailers which have not been assessed and taxed subject to the provisions of Chapter 60A and Chapter 63.

“Fair cash value,” the motor vehicle or trailer’s list price for motor vehicles or trailers of the same make, type, model, and year of manufacture, or in the case of motor vehicles or trailers which are part of a larger fleet of substantially similar motor vehicles or trailers, the average fair cash value of the motor vehicles or trailers in the fleet.

“Fairly apportioned,” allocated so as to reflect only the amount of time during which the motor vehicle or trailer was physically located in a city or town, according to records kept by the business entity in the regular course of its business.

The assessed value of such motor vehicles and trailers shall be their fair cash value fairly apportioned.

SECTION 3. Section 2A of chapter 60A of the General Laws, as appearing in the 1996 Official Edition, is hereby amended in line 28 by striking the words “as the case may be.” and inserting in place thereof the following:- as the case may be; provided further, that such notice of nonpayment may be transmitted to the registrar whether or not said commissioner or local tax collector has issued any warrant to another officer to collect said excise.

SECTION 4. Section 6 of said chapter 60A is hereby amended by inserting after section 6, the following section:-

Section 6 ½ A. In any instance where a motor vehicle or trailer is the subject of a lease agreement for a period of 30 days or more, the excise locally assessable under this chapter shall be laid and collected at the address of the lessee of the motor vehicle or trailer. If the lessee is an individual, the address will be the domicile of said individual. If the lessee is a business entity, as defined in clause eighth A of section 18 of chapter 59, the address will be its principal place of business in the commonwealth.

SECTION 5. Section 49A of chapter 62C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after line 27 the following subsection:-

(d) Any person who owns or leases a motor vehicle or trailer that is required to be registered in the commonwealth under the provisions of chapter 90, and improperly registers said motor vehicle or trailer in another state or misrepresents the place of garaging of the motor vehicle or trailer in another city or town, shall be considered in violation of laws of the commonwealth related to taxes provided for in chapter 60A, chapter 64H or chapter 64I; provided, that such right, license, or contract provided for in paragraphs (a) and (b) shall not be issued or renewed, unless and until the person or business entity has paid all taxes due at the time of application for said right, license, or contract.

(e) Any person who, for the purpose of evading payment of a tax pursuant to chapters 59 through 64J, inclusive, willfully makes and subscribes any return, form, statement or other document pursuant to the provisions of paragraphs (a), (b) or (d) above that contains or is verified by a written declaration that is made under the penalties of perjury which information he does not believe to be true and correct as to every material matter that he has complied with all laws of the commonwealth relating to taxes, shall be subject to the provisions, and punishable by the appropriate fines, as outlined in section 73 of this chapter.

SECTION 6. Subsection (c) of section 3 of chapter 64H of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting, in line 17, after the word “tax,” the following new sentence:- On any form prescribed by the commissioner under this section, the purchaser shall be required to identify the place of his principal residence under the pains and penalties of perjury.

SECTION 7. Section 2 of Chapter 90 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the third sentence the following new sentence:- For any motor vehicle or trailer that is leased for more than 30 days, the application shall also identify the name and address of the lessee. If the lessee is an individual, the address shall be the said individual’s principal residence. If the lessee is a business entity, as defined in clause eighth A of section 18 of chapter 59, the address shall be said lessee’s principal place of business in the commonwealth.

SECTION 8. Section 3 of said chapter 90, as so appearing, is hereby amended in lines 11 – 15, by striking out the words:- “on more than thirty days in the aggregate in any one year or, in any case where the owner thereof acquires a regular place of abode or business or employment within the commonwealth, beyond a period of thirty days after acquisition thereof,”.

SECTION 9. Said section 3 of said chapter 90, as so appearing, is hereby further amended by adding at the end of the first paragraph the following sentence:-

The owner or operator of such a motor vehicle or trailer must, while operating such a motor vehicle or trailer, have on his person in an easily accessible place, proof of a policy providing such insurance or a certificate of an insurance company stating that such a policy has been issued and is currently in effect.

SECTION 10. Said section 3 of said chapter 90, as so appearing, is hereby amended in line 121 by striking out the word “three”, and inserting in place thereof the word:- “two”.

SECTION 11. Said chapter 90, as so appearing, is hereby amended by inserting after section 3 the following section:-

Section 3 ½. (1) Any person claiming to be a “non-resident” for purposes of section 3 of chapter 90, shall be deemed to be a resident of the commonwealth during any period in which such person:

(a) obtained an exemption pursuant to chapter 59, section 5, clause 17, 17C, 17C ½, 17D, 18, 22, 22A, 22B, 22C, 22D, 22E, 37, 37A, 41, 41A, 41B, 41C, 42 or 43;

(b) obtained an exemption pursuant to chapter 59, section 5C;

(d) obtained a rental deduction pursuant to chapter 62, section 3(B)(a)(9);

(e) declared in a home mortgage settlement document that the mortgaged property located in the commonwealth would be occupied as his principal residence;

(f) obtained homeowner’s liability insurance coverage on property that was declared to be occupied as a principal residence;

(g) filed a certificate of residency and identified place of residence in a city or town in the commonwealth in order to comply with a residency ordinance as a prerequisite for employment with a governmental entity;

(h) paid on his or her own behalf, or on behalf of a child or dependent for whom the person has custody, resident instate tuition rates while attending a state sponsored college, community college, or university;

(i) applied for and received public assistance from the commonwealth for himself or his child or dependent for whom the person has custody;

(j) his child or dependent for whom the person has custody is enrolled in a public school in a city or town in the commonwealth, provided, however, this shall not include circumstances where the cost of the education is paid for said person, child or dependent by another education jurisdiction;

(k) is registered to vote in the commonwealth;

(l) obtained any benefit, exemption, deduction, entitlement, license, permit or privilege by claiming principal residence in the commonwealth; or

(m) is a resident under any other written criteria under which the commissioner of revenue may determine residency in the commonwealth.

(2) Notwithstanding any general or special law to the contrary, the custodian of any records referred to in paragraph (1) that are not accessible to the general public shall provide, upon request, to the registrar of motor vehicles, the commissioner of revenue, the local board of assessors, or a local or state police officer, access to certain information contained therein for purposes of enforcing the provisions of chapters 59, 60A, 64H, 64I and 90; provided, however, that the disclosure of information contained within such records referred to in clauses (c) and (d) of paragraph (1) shall be made by the commissioner of revenue to the aforementioned persons and shall be limited to the taxpayer’s name, the taxpayer’s primary place of residence or domicile; the type of return filed; the taxpayer identification number, the determination of whether the taxpayer took the rental deduction on his income tax return, and an explanation of the factors which indicated said taxpayer’s residency within the commonwealth.

In the event that records maintained by a custodian indicate that a person is deemed to be a resident under paragraph (1), said custodian may certify in writing as to the facts contained in such records and such certification shall be prima facie evidence of the person’s residency within the commonwealth in any proceeding involving enforcement of said chapters, including any proceedings under paragraph (3).

(3) Any person who improperly registers a motor vehicle or trailer in another state or misrepresents the place of garaging of such motor vehicle or trailer within the commonwealth, for purposes of evading the payment of motor vehicle excise, sales and use tax, or insurance premiums, or to reduce the amount of such payment, shall be punishable by a fine of not less than $200 nor more than $1000 for each offense. For purposes of this section, each taxable year that a motor vehicle or trailer is improperly registered shall be considered a separate offense, provided, however, that the maximum number of years that are subject to the penalties under this section shall be no more than three taxable years. The fines imposed pursuant to this section shall be divided as follows: 75 percent of said fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged; and 25 percent of said fines shall be paid over to the treasurer of the commonwealth to be deposited in the highway fund to offset costs associated with the implementation of the provisions of this act; provided further, that the Massachusetts collectors and treasurers association in conjunction with the treasurer of the commonwealth, shall report quarterly to the house and senate committees on ways and means the total amount of fines imposed and collected pursuant to this section.

SECTION 12. Section 34H of said chapter 90 is hereby amended after line 52, by inserting the following new paragraph:-

The registrar, upon receipt of evidence in a form satisfactory to the registrar, that a non-resident has operated a motor vehicle or trailer upon the roads of the commonwealth without the compulsory motor vehicle liability insurance required by section 3 of chapter 90 with respect to such motor vehicle or trailer, shall revoke the non-resident driving privileges of such person. Said uninsured motor vehicle or trailer may be impounded and stored by a duly authorized police officer, who shall take possession of the registration plates. The owner or non-resident driver must submit evidence satisfactory to the registrar that said motor vehicle or trailer is registered and insured pursuant to said section 3 before the registration plates are returned and the motor vehicle or trailer may be lawfully propelled upon the roads of the commonwealth, and the non-resident driving privileges reinstated.

SECTION 13. Section 2 of chapter 90C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word “ninety,” in line 22 the following sentence:- In any case where a question is raised whether the motor vehicle or trailer is properly insured under section 34 of chapter 90, the time for the issuance of a citation shall remain open until such time as the validity of any certificate of insurance is verified.

SECTION 14. Notwithstanding any general or special law to the contrary, any person, or business entity as defined in clause eighth A of section 18 of chapter 59, who willfully makes and subscribes any return, form, statement or other document, prescribed by the commissioner pursuant to the provisions of section 105 of chapter 60 or section 3 of chapter 62C, under the penalties of perjury, to obtain any benefit, exemption, deduction, entitlement, right, license, or privilege by claiming principal residence in the commonwealth, and who improperly registers a motor vehicle or trailer in another state or misrepresents the place of garaging in another city or town, shall be punished by a fine of not less than $200 nor more than $1000 for each offense. For purposes of this section, each taxable year that a motor vehicle or trailer is improperly registered shall be considered a separate offense, provided, however, that the maximum number of years that are subject to the penalties under this section shall be no more than three taxable years. The fines imposed pursuant to this section shall be divided as follows: 75 percent of said fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged; and 25 percent of said fines shall be paid over to the treasurer of the commonwealth to be deposited in the highway fund to offset costs associated with the implementation of the provisions of this act; provided further, that the Massachusetts collectors and treasurers association in conjunction with the treasurer of the commonwealth, shall report quarterly to the house and senate committees on ways and means the total amount of fines imposed and collected pursuant to this section. Inconsistency in a person’s stated residency on any forms, returns, statements or other documents with stated residency on forms required for the proper registration of a person’s motor vehicle shall be prima facie evidence of a willful intent to evade compliance with all applicable motor vehicle registration laws of the commonwealth.

SECTION 15. In order to encourage the proper registration of motor vehicles and trailers in the commonwealth and the payment of taxes and fees owed under the provisions of chapter 60A, chapter 64H, chapter 64I, and chapter 90 to the commonwealth and its municipalities on a voluntary basis, the registrar of motor vehicles and the commissioner of revenue are hereby authorized and directed to establish a three-month period during which all penalties for the non-payment of the taxes and fees imposed by chapter 60A, chapter 64H, chapter 64I, and chapter 90 shall be waived if any owner voluntarily registers a motor vehicle or trailer that was unregistered, uninsured, or improperly registered in another state or another city or town. Said three-month period shall commence on or before April 1, 2005. Such waiver shall also apply to unpaid taxes, interest and/or fees that would have been assessed on a properly registered motor vehicle or trailer. Other terms and conditions may be determined by the registrar and the commissioner or revenue.

SECTION 16. There is hereby established a special commission for the purpose of reviewing the application of the provisions of this act, herein after referred to as “the commission”. The commission shall consist of nine members appointed as follows: three members to be appointed by the speaker of the house, one of whom shall represent the northern border communities of the commonwealth, one of whom shall be a member of the judiciary of the Lawrence District Court, and one of whom shall represent the taxpayers of the Commonwealth; three members to be appointed by the president of the senate, one of whom shall be a member of the Merrimack Valley Chamber of Commerce, one of whom shall represent providers of auto insurance in the commonwealth, and one of whom shall be a member of the Massachusetts Collectors and Treasurers’ Association; and three members to be appointed by the governor, one of whom shall be an Officer of the State Police, one of whom shall be an employee of the Registry of Motor Vehicles, and one of whom shall be an employee of the Office of the Inspector General. No member of the commission shall receive compensation for services rendered to the commission. Said commission members shall be appointed by October 1, 2004.

The commissioner of the Department of Revenue, or his designee, shall serve as the chairman of the commission. The commission shall review the Department of Revenue’s implementation of the provisions of this act, including the procedures developed to review records as provided for in section 11 of this act, and the enforcement of the provisions relating to automobile registration, insurance, excise and sales tax created or amended by this act. The commission shall meet as often as is necessary for the conduct of its business. The commission shall adopt such rules and establish such procedures as it considers necessary for the conduct of business. No action of the commission shall be considered official unless approved by a majority vote of the members of the commission present at the meeting.

The commission shall report to the General Court the results of the review of the implementation of the provisions of this act, together with recommendations and drafts of legislation, if necessary, to continue the enforcement of the provisions of this act by filing the same with the governor of the commonwealth and the clerks of the senate and the house of representatives on or before the first Monday of February, 2005. Said clerks shall forward copies of said report to the chairs of the joint committee on taxation and the senate and house committees on ways and means. Said report shall fulfill all such reporting requirements pertaining to the issue of road tax evasion pursuant to Section _ of Chapter _ of the Acts of 2004.

SECTION 17. The registrar of the registry of motor vehicles is hereby authorized and directed to study the costs and benefits of periodic replacement of motor vehicle license plates issued by said registry. Said study shall include, but not be limited to, three, five and seven year replacement schedules, the costs related to mandating two plates per vehicle, the time period required to implement the above stated changes, and any recommendations, including legislation necessary to effectuate the orderly and cost-effective implementation of these proposed changes. Said study shall be filed with the joint committee on taxation and house and senate committees on ways and means on or before February 1, 2005.

SECTION 18. The provisions of section 1 shall be effective for fiscal years beginning on or after July 1, 2005.t Text

CLERK NUMBER: 613

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

SECTION 1. Section 1 or chapter 564 of the acts of 1956 if hereby amended by striking paragraph two in its entirety.

SECTION 2. Notwithstanding any general or special law to the contrary, the division of capital planning and operations is hereby authorized and directed to release its reversionary interest in a parcel of land conveyed to the town of Tewksbury by a deed authorized through chapter 564 of the acts of 1956.

CLERK NUMBER: 614

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

Notwithstanding any general or special law to the contrary, no charges or fees shall be imposed or collected for parking at the Great Brook Farm State Park in Carlisle.

CLERK NUMBER: 615

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

SECTION____. (a) The Department of Education shall develop a Kindergarten Readiness Assesment System. To study the increased investmetns in early childhood education to better prepare children for school success.

(b) The Department shall also develop a comprehensive and appropriate asessment system to measure the program's impact on children's kindergarten readiness and shall report to the Joint Committee on Education.

CLERK NUMBER: 616

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

The Renewable Energy Trust Fund shall be directed to establish a fuel cell partnership between the commonwealth and private organizations operating within the Commonwealth. The partnership shall (1) demonstrate vehicle technology by operating and testing the fuel cell-powered vehicles under real-world conditions, (2) demonstrate the viability of alternative fuel infrastructure technology, including hydrogen and methanol stations, (3) explore the path to commercialization, from identifying potential problems to developing solutions, and (4) increase public awareness and enhance opinion about fuel cell electric vehicles, preparing the Market for commercialization.

CLERK NUMBER: 617

Mr. Carron of Southbirdge moves that the bill be amended in section 2, in item 5095-0015, by adding at the end thereof the following:

“provided further; not less than 2,500,000 of that 5,000,000 shall be spent on state operated programs in the community ”.

CLERK NUMBER: 618

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

The division shall establish a special Fuel Cell Initiative commission which consists of: the commissioner of the Division of Energy Resources, or his designee, a representative of the Massachusetts Renewable Energy Trust, two representatives of the fuel cell industry, a representative of energy service providers, a representative from each of the electric transmission and distribution companies operating in the Commonwealth, a representative of the producers of hydrogen and methanol used for fuel cell trade, a specialist in emerging technology financing, an expert in the area of energy marketing, a representative from MassPort, a representative from the MBTA, and two members appointed by the Speaker of the House, and two members appointed by the president of the Senate, for the purpose of making an investigation and assessment of the initiative to establish a pilot project with fuel cell technologies.

Said Fuel Cell Initiative commission shall consider (1) the possibility of the Massachusetts Port Authority using fuel cell technology in a cost-efficient and useful manner, and (2) the Massachusetts Bay Transportation Authority using fuel cell technology in a group of public transportation buses used in the Boston area.

The commission shall determine whether the project would be viable using both environmental and economic determinants. The commission shall present their findings, along with an implementation plan, if appropriate, to the joint committees on energy and transportation no later than December 31st, 2004.

CLERK NUMBER: 619

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

SECTION___. Subsection (c) of section 178K of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "town" in line 142 the following: No sex offender categorized as a level 3 offender shall live in state-owned or operated housing or any facility contracted with the state within one mile of a school.

CLERK NUMBER: 620

Mr. Pedone of Worcester, Mr. Binienda of Worcester, Mr. Leary of Worcester, Mr. Spellane of Worcester and Mr. Fresolo of Worcester moves that the bill be amended in section 2 by reducing line item 1201-0100 in the amount of $1,000,000 and furthermore by adding funds in the amount of $1,000,000 to line item 7002-0010 to be earmarked for the city of Worcester to assist in building a memorial fire station and headquarters in the City of Worcester located at the site of the Worcester Cold Storage Building Fire Tragedy.

CLERK NUMBER: 621

Miss Reinstein of Revere moves that the bill be amended by adding as the end of the following section:

“SECTION . Notwithstanding any special or general law to the contrary residents north of Boston shall be exempt from paying tolls on the Tobin Memorial Bridge, the Callahan Tunnel and the Ted Williams Tunnel during the time period beginning on Sunday July 18^th, 2004 through Saturday July 31^st, 2004 inclusively.”

CLERK NUMBER: 622

Miss Reinstein of Revere moves that the bill be amended by adding as the end of the following section:

“SECTION . Notwithstanding any special or general law to the contrary residents north of Boston shall be exempt from paying tolls on the Tobin Memorial Bridge , the Callahan Tunnel and the Ted Williams Tunnel during the time period beginning on May 1^st, 2004 through February 28^th, 2005 inclusively.”

CLERK NUMBER: 623

Miss Reinstein of Revere moves that the bill be amended by adding as the end of the following section:

“SECTION . Notwithstanding any special or general law to the contrary residents north of Boston shall be eligible to participate in the resident discount program offered on the Ted Williams tunnel and the Sumner/Callahan tunnel through the Massachusetts Turnpike Authority and provided further that the residents north of Boston be eligible to participate in the Tobin Bridge Resident Permit Discount Program under the Massachusetts Port Authority.

CLERK NUMBER: 624

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

SECTION____. (a) The Department of Revenue and the Executive Office of Administration & Finance shall study the impact to the General Fund and the estimated figures each community would receive in addition to the funding formulas for local aid, if each community were to receive one percent of state tax collected from the businesses located within that community. The taxes which communities could retian of the existing state taxes would be one percent of the meals tax, corporate excise tax and the sales tax.

(b) The Department of Revenue and the Executive Office of Administratin & Finance shall use FY 2004 tax revenue numbers to compare what communities received from the state and what they could have received in addition had this policy been in place for FY 2004 and what impact this would have had on the General Fund. The study should include an opinion as to what other state programs and services may have been affected. The study shall be completed and presented to the Joint Committee on Taxation and the Joint Committee on Education and the Joint Committee on Local Affairs no later than December 1, 2004 .

CLERK NUMBER: 625

Mr. DeLeo of Winthrop, Mr. O’Flaherty of Chelsea, Mr. Petruccelli of Boston, Miss Reinstein of Revere, Ms. Malia of Boston, Mr. Smizik of Brookline, Mr. Toomey of Cambridge, Mr. Wallace of Boston, Mr. Demakis of Boston, Ms. Jehlen of Somerville, Mr. Fallon of Malden and Mr. Falzone of Suagus move that the bill be amended in section 2, in item 4510-0600, in line 11, by inserting after “lateral sclerosis in the commonwealth;” the following:

provided further, that $195,000 shall be expended for the purpose of the director of the bureau of environmental health assessment of the department of public health to conduct an environmental risk assessment of the health impacts of the General Lawrence Logan Airport in the East Boston section of the city of Boston on any community that is located within a 5 mile radius of the airport and is potentially impacted by the airport; provided further, that the assessment may include, but not be limited to, examining incidences of respiratory diseases and cancers and performing medical and laboratory tests and examinations of residents of these communities; provided further, that the bureau shall report its findings together with any recommended response actions by the commonwealth to the house and senate committees on ways and means not later than February 1, 2005 and;

by striking the figures “2,486,780” in said item 4510-0600 and inserting in place thereof the figures “2,786,780” and;

by striking in item 1100-1100 the figures “3,297,608” and inserting in place thereof the figures “2,997,608”.

CLERK NUMBER: 626

Mr. DeLeo of Winthrop moves to amend the bill in item 8000-0010, in line 5, by striking the words “earmarked funds” and inserting in place thereof the words “funds from this line item”.

CLERK NUMBER: 627

Mr. DeLeo of Winthrop, Mr. Mariano of Quincy, Miss Reinstein of Revere, Mr. Galvin of Canton, Ms. Spiliotis of Peabody, Mr. Driscoll of Braintree, Mr. Fallon of Malden, Mr. Festa of Melrose, Mr. Toomey of Cambridge, Mr. Casey of Winchester, Mr. Donato of Medford, Ms. Balser of Newton, Rep. Spilka of Ashland, Mr. Demakis of Boston, Mr. Linsky of Natick, Mr. Ciampa of Somerville, Mr. Hillman of Sturbridge, Ms. Story of Amherst, Mr. Travis of Rehoboth, Ms. Paulsen of Belmont, Mr. Kafka of Stoughton and Ms. Blumer of Framingham move that the bill be amended by adding at the end thereof the following section:

SECTION ________. Paragraph (a) of section 12 of chapter 372 of the acts of 1984, is hereby amended by striking out the fifth sentence, as appearing in section 1 of chapter 83 of the acts of 2001, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under authority of this act shall not exceed $5,800,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

Section 2. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as appearing in section 2 of said chapter 83, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under the authority of this act shall not exceed $5,800,000,000 outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued shall be excluded in the computation of outstanding bonds.

CLERK NUMBER: 628

Mr. DeLeo of Winthrop, Ms. Peisch of Wellesley, Mr. Ayers of Quincy, Ms. Balser of Newton, Mr. Bosley of North Adams, Mr. Cabral of New Bedford, Ms. Canavan of Brockton, Mr. Carron of Southbridge, Mr. Demakis of Boston, Mr. Donato of Medford, Mr. Eldridge of Acton, Mr. Finegold of Andover, Mr. Festa of Melrose, Ms. Fox of Boston, Ms. Gobi of Spencer, Mr. Golden of Lowell, Ms. Gomes of South Harwich, Ms. Haddad of Somerset, Mr. Hall of Westford, Ms. Jehlen of Somerville, Ms. Khan of Newton, Mr. Kocot of Northampton, Ms. L’Italien of Andover, Mr. LeDuc of Marlborough, Mr. Linsky of Natick, Mr. O’Brien of Kingston, Mr. Patrick of Falmouth, Miss Reinstein of Revere, Mr. Rushing of Boston, Ms. Simmons of Leominster, Mr. Smizik of Brookline, Ms. Spilka of Ashland, Ms. Story of Amherst, Mr. Straus of Mattapoisett, Ms. Teahan of Whitman, Mr. Toomey of Cambridge, Mr. Torrisi of North Andover, Mr. Turkington of Falmouth and Mr. Walsh of Lynn 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 0640-0000 by striking out the figures “67,022,280” and inserting in place thereof “66,022,380”; and in item 1201-0100 by striking the figures “107,470,804” and inserting in place thereof the figures “105,750,804”.

CLERK NUMBER: 629

Mr. O'Flaherty of Chelsea moves that the bill be amended in section 2, in item 7035-0002, by adding at the end thereof the following:

“provided further, that not less than $90,000 shall be expended for Centro Latino de Chelsea to provide adult basic education services in the city of Chelsea ”.

CLERK NUMBER: 630

Mr. Torrisi of North Andover , Mr. Lantigua of Lawrence , and Mr. Finegold of Andover move that the bill be amended in section 2, in item 0337-0600, in line 1, by inserting after “courts” the following:

"provided further, that $97,500 be expended on the CASA program in the Lawrence juvenile court."

CLERK NUMBER: 631

Mr. Torrisi of North Andover, Mr. Lantigua of Lawrence, and Mr. Finegold of Andover move that the bill be amended in section 2, in item 8000-0010, in line 4, by striking out the following: “provided further, that earmarked funds shall be reduced 33.3 per cent in each subsequent fiscal year with the intention of eliminating earmarked fund from line item 8000-0010 by fiscal year 2008” and inserting in place thereof the following: “provided further, that the city of Lawrence shall receive no less than 100 per cent of amount received in fiscal year 2004”.

CLERK NUMBER: 632

Mr. Torrisi of North Andover, Mr. Lantigua of Lawrence, and Mr. Finegold of Andover move that the bill be amended in section 75, in line 7, by adding after the words “essential community services” the following: “Said Secretary shall expend not less than 2.5% of available funds from said Fund for payments to a disproportionate share hospital provider in the county formerly known as Essex County who has a family practice residency in partnership with a federally qualified community health center.”.

CLERK NUMBER: 633

Mr. Torrisi of North Andover, Mr. Lantigua of Lawrence, Mr. Finegold of Andover, Ms. L’Italien of Andover, Mr. Costello of Newburyport, Mr. Dempsey of Haverhill, Ms. Stanley of West Newbury, Mr. Hall of Westford, and Mr. Golden of Lowell move that the bill be amended in section 2, in item 7007-0950, in line 8, by inserting after “partnership“ the following: “provided further, that not less than $250,000 shall be expended for the Merrimack Valley Economic Development Council”; and in item 0411-1000, by striking out the figures “$5,135,418” and inserting in place thereof the figures “$4,885,418”.

CLERK NUMBER: 634

Mr. Torrisi of North Andover , Mr. Lantigua of Lawrence, and Mr. Finegold move that the bill be amended in section 2, in item 1102-3206, by adding at the end thereof the following:

“provided further that the commissioner of the division of capital asset management and maintenance shall complete study number SDE 0301ST1 regarding the site location of the proposed regional holding facility in the county formerly known as Essex by July 31, 2004.”.

CLERK NUMBER: 635

Representatives Murphy of Burlington and Eldridge of Acton move that the bill be amended in section 2 by inserting after item 7030-1500 the following item:

“7032-0300. For grants to cities and towns and regional school districts for school-based comprehensive health education and human services in schools; provided, that any funds distributed from this item shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended without further appropriation by the school committee; provided further, that not more than 1 per cent of the amount appropriated herein shall be expended for administrative costs 21,000,000” and in item 1599-1970, by striking out the figures “$25,000,000” and inserting in place thereof the figures “4,000,000”.

CLERK NUMBER: 636

Representative Murphy Of Burlington move that the bill be amended in section 2 by inserting after item 7030-1500 the following item:

CLERK NUMBER: 637

Ms. Blumer of Framingham, Ms. Atkins of Concord, Mr. Spellane of Worcester, Mr. Eldridge of Acton, Ms. Jehlen of Somerville, Ms. Paulsen of Belmont, Ms. Spilka of Ashland, Mr. Connolly of Everett, Mr. Falzone of Saugus, and Ms. Peisch of Wellesley move that the bill be amended by adding at the end thereof the following section(s):

Section ____: "Chapter 71, Section 89 is hereby amendended by adding at the end thereof the following section:

“Section (ss): "If in any fiscal year a commonwealth charter school’s actual operating costs for education, excluding depreciation charges, federal, state or private grants or contributions, are less than the tuition payments received pursuant to Chapter 71, section 89, paragraph (nn), the difference, up to 5 per cent of the tuition amounts shall be spent for education in the following fiscal year. The state treasurer is hereby authorized and directed to deduct any unexpended tuition funds in excess of 5 per cent from payments in the following fiscal year and is further authorized and directed to restore and distribute the deducted amounts to the Chapter 70 education aid to school districts where the students reside. The board of education shall adopt regulations to enforce the provisions of this section."

CLERK NUMBER: 638

Mr. Pignatelli Of Lenox moves that the bill be amended in section 2, in item 6010-0001, in line 27, by inserting after “highway maintenance in said areas;” the following:

“provided further, that not less than $252,000 shall be made available for funds previously expended by Berkshire Hills Regional School District for the construction of a traffic signal and necessary road improvements at the intersection of Monument Valley Road and Route 7 in the Town of Great Barrington;”

CLERK NUMBER: 639

Representative Murphyof Burlington move that the bill be amended by adding at the end thereof the following section(s):

"SECTION _. Chapter 111 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding after section 72Y the following section:-

Section 72Z. (a.) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council and when requested by a member of the resident's family or the resident's representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during the mutually agreed upon hours. (b.) "Family Council" for the purpose of this section means a meeting of family members, friends or representatives of two or more residents to confer in private without facility staff. (c.) The facility will inform family members upon their admission of a resident of their right to form a family council. The facility will not deny a family council the opportunity to accept help from an organization or individual outside of the facility. (d.) Facility policies on family councils shall in no way limit the rights of residents, family members, and family council members to meet independently with outside persons including members of non-profit or governmental organizations or with facility personnel during non-working hours. (e.) Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletter or other information pertaining to the operating of family councils. (f.) The facility shall not prevent or interfere with the family council receiving outside correspondence which is addressed to the council. Family council mail shall be delivered unopened to the governing body or contact person of the council. (g.) Staff or visitors may attend family council meetings at the group's invitation. (h.) The facility shall provide a designated staff person who shall be

responsible for providing assistance to the family (if requested by the council) and responding for providing assistance to the family (if requested by the council) and responding to written requests that result from family council meetings. (i.) The facility shall consider the views and act upon the grievances and recommendations of the family council concerning pro- posed policy and operational decisions affecting residents care and life at the facility. (j.) The facility shall respond in writing to written requests or concerns of the family council within 5 working days. (k.) When a family council exists, the facility shall include notice of the family council in at least a semiannual mailing. During the admission process, the facility shall also inform family members or representatives of new residents, who are identified on the admissions agreement, or in the resident's records, of the existence of a family council. The notice shall include the time, place and date of meeting and the person to contact regarding involvement in the family council. (l.) No facility shall willfully interfere with the formation, maintenance or promotion of a family council. The willful interference with a family council shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his/her participation in a family council or the willful scheduling of facility events in conflict with previously scheduled family council meetings when other scheduling options are available to the facility. (m.) A violation of the provisions of this section will constitute a violation of resident rights. The Department of Public Health may impose a civil penalty upon any person who violates the provisions of this section, and may promulgate such regulations as may be necessary to implement the provisions of this section."

CLERK NUMBER: 640

Ms. Blumer of Framingham, Mr. Kocot of Northampton, Mr. Koutoujian of Waltham, and Ms. Malia of Boston move that the bill be amended in section 72, by striking out, in the fourth sentence, the word “hospital”; and by striking out in the eighth sentence, the words “September 30, 2005” and inserting in place thereof the words:– “June 30, 2005.”

CLERK NUMBER: 641

Representative Polito of Shrewsbury moves that the bill be amended by adding at the end thereof the following section (s).
Subsection (a) of said section 35X of said chapter 10, as so appearing is hereby amended by striking out the seventh sentence.

CLERK NUMBER: 642