CLERK NUMBER: 651
Ms. Blumer Of Framingham and Mr. Falzone of Saugus move that the
bill be amended by adding at the end thereof the following
section(s):
"SECTION ___ Chapter 44B, section 3, paragraph f is hereby amended
by adding the following paragraph "f1": "If a majority of the voters
on said question vote in the negative, then the legislative body may
vote to accept sections 5, 6, and 7 and may appropriate and set
aside funds not to exceed 3 per cent of the real estate tax levy for
the purposes of this Chapter; futher, this fund shall meet all the
requirements for receiving matching funds from the Massachusetts
Community Preservation Trust Fund.
Chapter 44B, section 7 is hereby amended in line 13 of the 2002
official edition by striking the "." and adding the following: ";
(d) from appropriation of the legislative body."
Chapter 44B, section 10 is hereby amended in line 56 of the 2002
official edition by striking the "." and adding the following
"or the amount appropriated and set aside by the legislative
body."
CLERK NUMBER: 652
Ms. Blumer of Framingham, Ms. Teahan of Whitman, Mr. Verga of
Gloucester, Ms. L’Italien of Andover, Ms. Story of Amherst, and Ms.
Parente of Milford, Mr. Kocot of Northampton, Mr. Stephen Walsh of
Lynn, Mr. Smizik of Brookline, Ms. Ms. Rivera of Springfield, Ms.
Malia of Boston, Ms. Paulsen of Belmont, Ms. Gomes of Harwich, Ms.
Canavan of Brockton, Ms. Spilka of Ashland, Mr. Marzilli of
Arlington, Mr. Koutoujian of Waltham, Ms. Jehlen of Somerville, Mr.
Linsky of Natick, Mr. Rush of Boston, Ms. Balser of Newton, Ms.
Grant of Beverly, Mr. Cabral of New Bedford, Mr. Goguen of
Fitchburg, and Mr. Sánchez of Boston move that the bill be amended
by adding at the end thereof the following sections:
“SECTION _____. The last sentence of section 9 of chapter 118E of
the General Laws, as inserted by section 313 of chapter 26 of the
acts of 2003, is hereby amended by striking out the word “levels.”
and inserting in place thereof the words:- levels, provided, that no
premiums shall be imposed on households with children whose
financial eligibility as determined by the division is below 150 per
cent of the federal poverty level.
“SECTION _____. Section 10F of chapter 118E of the General
Laws, as inserted by section 319 of chapter 26 of the acts of 2003,
is hereby amended by striking out the fourth paragraph and inserting
in place thereof the following paragraph:-
The cost of the program shall be funded in part by premiums
contributed by enrollees according to the following eligibility
categories: enrollees in households ineligible for medical benefits
pursuant to this chapter earning less than 200 per cent of the
federal poverty level shall not be responsible for contributing to
program premium costs; enrollees in households earning between 200
per cent and 400 per cent of the federal poverty level, inclusive,
shall contribute not less than 20 per cent and not more than 30 per
cent of the monthly premium cost according to a sliding scale
established by the division; provided, that additional contributions
shall not be required for any enrollee after the third enrollee in
such a household; and enrollees in households earning more than 400
per cent of the federal poverty level shall pay no more than the
full premium cost of said program. Household earnings may be defined
on the basis of gross earnings, or on an adjusted basis according to
criteria deemed appropriate by the division. The division shall base
premium costs on an actuarially sound methodology. Premiums
contributed by enrollees shall be deposited in the Children's and
Seniors' Health Care Assistance Fund, established by section 2FF of
chapter 29 and may be used for the program subject to
appropriation.”
and amended further in item 0640-0000 by striking out the
figures “$67,022,388” and inserting in place thereof the figures
“$64,422,388.”
CLERK NUMBER: 653
Mr. Kennedy of Brockton, Ms. Story of Amherst, Mr. Kocut of
Northampton, Mr. Turkington of Falmouth, Ms. Reinstein of Revere,
Ms. Gobi of Spencer, Ms. Grant of Beverly, Mr. Kane of Holyoke, Mr.
Eldridge of Acton, Mr. Feingold of Andover, Ms. Paulsen of Belmont,
Ms. Owens Hicks of Boston, Mr. LeDuc of Marlborough, Mr. Leary of
Worcester, Mr. Howland of Freetown, Mr. Festa of Melrose, Mr. DeLeo
of Winthrop, Mr. Spellane of Worcester, Mr. Patrick of
Falmouth, Mr. Swan of Springfield, Mr. Sullivan of Fall River, Ms.
Fox of Boston, Ms. Malia of Boston, Ms. Wolf of Cambridge, Mr.
Sanchez of Lawrence, Mr. Bosley of North Adams, and Mr. Rush of
Boston move that the bill be amended in section 2, in item
7003-0702, in line 2, by inserting after the word “enterprise” the
following: “;and provided further that not less than $900,000 shall
be made available for the operation of the youth, senior service and
conservation corps programs, including grants to public and private
agencies administered by the Massachusetts Service Alliance.
CLERK NUMBER: 654
Mr. Kennedy of Brockton, Mr. Fagan of Taunton, Mr. Patrick of
Falmouth, Mr. Linsky of Natick, Ms. Gomes of Harwich, Ms. Khan of
Newton, Mr. Festa of Melrose, Mr. Spellane of Worcester, Mr. DeLeo
of Winthrop, Ms. Blumer of Framingham, and Ms. Spilka of
Ashland move that the bill be amended in section 2, in item
4120-4000 by striking out the figure “7,720,512” and inserting in
place thereof the figure “8,330,312”; and in item 0640-0000, by
striking out the figures “67,022,388” and inserting in place thereof
the figure “66,412,388”; provided further that said increase in item
4120-4000 shall represent increased funding for the Commonwealth’s
11 centers for independent living.
CLERK NUMBER: 655
Mr. Kennedy of Brockton, Mr. Koutoujian of Waltham, Mr. Fagan of
Taunton, Ms. Spilka of Ashland, Mr. Linsky of Natick, Ms. Blumer of
Framingham, Mr. Verga of Gloucester, Mr. Patrick of Falmouth, Mr.
Festa of Melrose, Mr. Spellane of Worcester, Mr. Atsalis of
Barnstable, Mr. Carron of Southbridge, Ms. Malia of Boston, Ms. Khan
of Newton, Ms. L’Italien of Andover, Mr. Casey of Winchester, Ms.
Gomes of Harwich, and Ms. Teahan of Whitman, move to amend the bill
by adding at the end thereof the following new section:
Section ___. Notwithstanding any general or special law or
regulation to the contrary, any individual otherwise eligible for
the MassHealth / CommonHealth insurance program for working adults
with disabilities, shall not be subject to any enrollment caps or
asset tests and their eligibility to enroll in the program shall not
be limited by such caps or asset tests.
CLERK NUMBER: 656
Mr. Kennedy of Brockton, Ms. Story of Amherst, Mr. Kocut of
Northampton, Mr. Turkington of Falmouth, Ms. Reinstein of Revere,
Ms. Gobi of Spencer, Ms. Fox of Boston, Ms. Paulsen of Belmont, Mr.
Eldridge of Acton, Ms. Owen Hicks of Boston, Mr. LeDuc of
Marlborough, Mr. Leary of Worcester, Mr. Howland of Freetown, Mr.
Festa of Melrose, Mr. DeLeo of Winthrop Mr. Spellane of Worcester,
Mr. Patrick of Falmouth, Mr. Swan Springfield, Mr. Demakis of
Boston, Ms. Grant of Beverly, Mr. Kane Holyoke, Mr. Sanchez of
Lawrence, and Ms. Wolf of Cambridge move that the bill be amended in
section 2 in item by inserting after item 7061-9626 the following
item:
7061-9634. Provided that not less than $287,000 be
appropriated for the Massachusetts Service Alliance to administer
mentoring programs at public and private agencies for the
recruitment and training of mentors and for other supporting
services including, but not limited to, academic support services;
provided, that the department of education shall transfer the amount
appropriated in this item to the Massachusetts Service Alliance for
this purpose; provided further, that in order to be eligible to
receive funds from this item, such public or private agency shall
provide a matching amount equal to 1 dollar for every dollar
disbursed from this item; provided further, that said Massachusetts
Service Alliance shall submit a report detailing the expenditure of
such funds and the amount and source of matching funds raised to the
secretary of administration and finance and the house and senate
committees on ways and means not later than December 29, 2004; and
provided further that the figure in item 0411-1000 be struck and
insert in place thereof the figure “4,848,418”.
CLERK NUMBER: 657
Ms. Atkins Of Concord move that the bill be amended by adding at
the end thereof the following section(s):
notwithstanding any provision in any general or special law to
the contrary, no adjustments shall be mae to the funds contained in
or for the purposes of Chapter 44B. All utitlities shall pay
maintenance fees to municipalities for all said projects.
CLERK NUMBER: 658
Mr. Golden of Lowell
, Mr. Murphy of Lowell
, and Mr. Nangle of
Lowell move that the
bill be amended in section 2, in item 4400-1000, by adding at the
end thereof the following:
“; and provided further, that the Department of Transitional
Assistance shall hire and/or designate 2 employees to investigate
welfare fraud at the Lowell area office and this department shall
report no later than March 21, 2005 of their results of the
investigation”
CLERK NUMBER: 659
Mrs. Parente Of Milford 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 provide a $285,000
one-time grant from said Fund for
Milford-Whitinsville
Regional
Hospital
”.
CLERK NUMBER: 660
Ms. Peisch of Wellesley moves that the bill be amended in section
2, in item 2820-0100, in line 10, by inserting after “true seasonal
employees” the following: “provided that not les than $ 25,000 be
expended for a equipment and renovations at Warren Park in
Wellesley”; and in said item by striking out the figures
“$19,986,715” and inserting in place thereof the figures
“$20,011,715 ”.
CLERK NUMBER: 661
Mr. Golden, Mr. Murphy and Mr. Nangle of
Lowell move that the
bill be amended in section 2, in item 7003-0702, by adding the
following: “provided further, that not less than $250,000.00 shall
be allocated for the so-called Acre urban
revitalization project in the City of Lowell
.”
CLERK NUMBER: 662
Mr. Golden, Mr. Murphy and Mr. Nangle of
Lowell move that the
bill be amended in section 2, in item 7003-0702, by adding the
following: “provided further, that not less than $250,000.00 shall
be allocated for the so-called Jackson-Appleton-Middlesex plan in
the City of Lowell
.”
CLERK NUMBER 663
Mr. Rogers of Norwood
moves that the bill be amended by adding at
the end thereof the following new section:—
SECTION 1. Notwithstanding any general or special law to the
contrary, no later than October 1, 2004 , the comptroller shall
transfer $60,000,000 from the General Fund to the Uncompensated Care
Trust Fund.
And moves that the bill be further amended in section 77 by
striking the figure “$170,000,000” and inserting in place thereof
the following figure:— $175,000,000
CLERK NUMBER 664
Mr. Rogers of Norwood
moves that the bill be amended by adding at
the end thereof the following new section:—
SECTION 2. Notwithstanding any general or special law to the
contrary, no later than October 1, 2004 , the comptroller shall
transfer $60,000,000 from the General Fund to the Uncompensated Care
Trust Fund.
And moves that the bill be further amended in section 77 by
striking the figure “$170,000,000” and inserting in place thereof
the following figure:— $175,000,000
Mr. Rogers of Norwood moves that the bill be amended in section
83, by striking out the figure “616” and inserting in place thereof
the following: - “615”.
CLERK NUMBER: 665
Mr. Murphy, Mr.Golden And Mr. Nangle Of Lowell move that the bill
be amended by adding at the end thereof the following
section(s):
Notwithstanding the provisions of chapter 222 of the General
Laws, or any other general or special law, rule, regulation or
executive order to the contrary, the Secretary of State shall
promulgate rules and regulations for the conduct of notaries public
and the performance of their official duties and the enforcement
thereof.
Chapter 222 of the General laws is hereby amended by inserting
after section 9, the following section:-
Section 9A. A non-attorney notary
public who advertises notarial service in a language other than
English shall include in the advertisement, notice, letterhead or
sign the following prominently displayed in the same language, the
statement-- I am not an attorney and have no authority to give
advice on immigration or other legal matters.
CLERK NUMBER: 666
Mr. Murphy, Mr.Golden And Mr. Nangle Of Lowell move that the bill
be amended by adding at the end thereof the following
section(s):
Notwithstanding the provisions of chapter 32 of the General Laws
or any other general or special law to the contrary, the applicable
Retirement Board is hereby authorized and directed to grant
creditable service time to Leo Foley for the service he rendered in
the armed services between March 19, 1967 to March 19, 1969 for the
purpose of determining a retirement allowance pursuant to the to the
provisions of said chapter 32. Eligibility for said creditable
service shall be conditioned upon payment to the applicable
Retirement System of an amount equal to the contributions he would
have otherwise paid into the retirement system for said period of
service together with interest thereon. Such payment shall be
made in one sum or installments, as the applicable Retirement Board
shall prescribe.
CLERK NUMBER: 667
Mr. Golden, Mr. Murphy and Mr. Nangle of
Lowell move that the
bill be amended in section 2, in item 4530-9000, by inserting in
line 8 after the word “including” the following word “
Lowell .”
CLERK NUMBER: 668
Kane of Holyoke, Wagner of Chicopee and Keenan of Southwick move
that the bill be amended by adding at the end thereof the following
sections:
SECTION . Notwithstanding the
provisions of any general or special law or regulation to the
contrary, the division of medical assistance may expend, subject to
federal approval, an amount not to exceed $10,000,000 from the
medical assistance intergovernmental transfer account within the
Uncompensated Care Trust Fund for Title XIX payments to the
Holyoke
Medical
Center
. The payments shall be
established in accordance with Title XIX of the federal Social
Security Act, or any successor federal statute, any regulations
promulgated thereunder, the Commonwealth's Title XIX state plan, and
the terms and conditions of agreements reached with the division for
such payments. No such funds shall be expended unless the
Holyoke
Medical
Center
has executed the division of medical
assistance's current Acute Hospital Request for Applications and
Contract, and the City of Holyoke
makes an intergovernmental funds transfer in
an amount specified in an agreement, which amount shall be not less
than 50 per cent of the Title XIX payment. All revenues
generated pursuant to the provisions of this section shall be
credited to the medical assistance intergovernmental transfer
account and administered in accordance with the provisions of
paragraph (o) of section 18 of chapter 118G of the General Laws.
SECTION . Notwithstanding the
provisions of any general or special law or regulation to the
contrary, for the purpose of qualification as an essential
MassHealth hospital, teaching hospitals affiliated with a
commonwealth-owned university medical school shall include hospitals
with such affiliation that (i) have at least 25 full time equivalent
residents and interns, or (ii) provide clinical training
programs for nurses and allied health professionals and technicians
through affiliations with community colleges and private
universities.
CLERK NUMBER: 669
Mr. Fallon of Malden
moves that the bill be amended in section 2,
in item 7007-0900 by striking out the figures “$9,000,000” and
inserting in place thereof the figures “$8,950,000”; and in item
2820-0100, by striking out the figures “$ 19,986,715” and inserting
in place thereof the figures “$20,036,715”, and by adding at the end
thereof the following:
“no less than $50,000 be allocated for the removal of a
pedestrian bridge at the end of Fairlawn
Street in the City of
Malden ”.
CLERK NUMBER: 670
Mr. Fallon of Malden
moves that the bill be amended in section 2,
in item 7007-0900 by striking out the figures “$9,000,000” and
inserting in place thereof the figures “$8,950,000”; and in item
2820-0100, by striking out the figures “$ 19,986,715” and inserting
in place thereof the figures “$20,036,715”.
CLERK NUMBER: 671
Mr. Fallon of Malden
moves that the bill be amended in section 2,
in item 2820-0100, by adding at the end thereof the following:
“no less than $50,000 be allocated for the removal of a
pedestrian bridge at the end of Fairlawn
Street in the City of
Malden ”.
CLERK NUMBER: 672
Mr. Fallon of Malden moves that the bill be amended in section 2,
in item 7007-0900, by striking out the figures “$9,000,000” and
inserting in place thereof the figures “$8,750,000”; and in item
9600-0000, by striking out the figures “$30,872,678” and inserting
in place thereof the figures “$31,122,678” and by adding at the end
thereof the following: with no less than $250,000 be allocated for a
salary increase for the House of Representative Court Officers.
CLERK NUMBER: 673
Representative Knuuttila of Gardner moves that the bill be
amended in section 2, in item 0321-1510, by inserting at the end
thereof the following:- “provided further, that all court counsel
fees, collected above and beyond the amount collected in fiscal year
2003 and the amount appropriated in 0321-1518, pursuant to sections
2 and 2A of the Massachusetts General Laws chapter 211D, shall be
deposited in item 0321-1510 for the purposes of providing
compensation to assigned private counsel”.
CLERK NUMBER: 674
Mr. Hynes of Marshfield, Ms. Creedon of Brockton, Ms. Grant of
Beverly, and Mr. George of Yarmouth Port move that the bill be
amended in section 2, in item 4000-0600, by striking out the figure
“$1,768,393,000” and inserting in place thereof the figure
“$1,748,393,000” and by adding at the end thereof the following
section:
“Subsection 31(c1/2) of chapter 118E of the General Laws,
inserted by section 329 of chapter 26 of the Acts of 2003, is hereby
amended by striking said subsection 31(c1/2) and inserting in place
thereof the following subsection:
(c1/2) This subsection shall apply to the estates of
individuals dying on or after July 1, 2004 . For the purposes of this
section, “estate” shall mean any interest in real and personal
property and other assets in which the individual immediately prior
to death had any legal title or interest, to the extent of such
interest. This includes interests in real and personal
property and other assets, not including life insurance policies,
that would pass to a survivor, heir, or assignee of the decedent
through joint tenancy, tenancy by the entirety, life estate, living
trust, right of survivorship or beneficiary designation; provided,
however, “estate” shall not include any legal or equitable interest
in real or personal property passing outside of probate that was
created by deed, trust or other written instrument prior to July 1,
2004; and provided, further, that “estate” shall not include
any legal or equitable interest in a primary residence passing to a
surviving spouse or passing outside of probate to a child or
children of the deceased individual and up to the amount specified
in Section 1A of chapter 188 of the General Laws as amended from
time to time.”Amendment Text
CLERK NUMBER: 675
Ms Stanley of West Newbury moves that the bill be amended
in section 2, in item 2000 - 0100, by inserting after the
words “agreements” the following ; provided further that,
notwithstanding any rule or regulation, $1,750,000 shall be expended
for the acquisition of the Dunn property, so-called, in the town of
West Newbury, and by striking out the figures “$1,841,373” and
inserting in place therof the figures “$3,591,373”; and in item 0411
-1000, by striking out the figures “$5,135,418” and inserting in
place thereof the figures “3,385,418”.
CLERK NUMBER: 676
Stanley Of
West Newbury move that the bill be
amended by adding at the end thereof the following section(s):
SECTION ____. Item 2000-2013 of section 2 of Chapter 236 of
the acts of 2002 is hereby amended by inserting after the words “in
the city of Woburn” the following words: -;provided further, that,
notwithstanding any rules or regulations of the department,
not less than $1,750,000 shall be expended for the acquisition of
the Dunn property, - so-called, in the town of West Newbury,
however, in the event that the town expends its own funding for
acquisition of said property, it will be reimbursed; - and by
striking out the figure “$21,250,000” and inserting in place thereof
the following figure: - $23,000,000.
SECTION ___. Item 2100- 2011 of said section 2 of said chapter
236 is hereby amended by striking out the words “; provided further,
that $1,750,000 shall be expended for the acquisition of the Dunn
property, so-called, in the town of West
Newbury ; - and by striking out the figure
“$46,425,000” and inserting thereof the following figure: -
$44,675,000.Amendment Text
CLERK NUMBER: 677
Representatives LeDuc of Marlborough, Representative Stanley of
West Newbury, Pope of Wayland, Sanchez of Boston, Linsky of Natick,
Kahn of Newton, Demakis of Boston, Donato of Medford, Patrick of
Falmouth, Malia of Boston, Gobi of Spencer, Verga of Gloucester,
Eldridge of Acton, Howland of East Freetown, Rush of Boston,
Lantigua of Lawrence, Balser of Newton, Wolf of Cambridge, Spiliotis
of Peabody, Story of Amherst, Teahan of Whitman, Peterson of
Marblehead, Connolly of Everett, Grant of Beverly, Peisch of
Wellesley, Carron of Southbridge, Blumer of Framingham, Walsh of
Boston, Spilka of Ashland, Festa of Melrose, Miceli of Wilmington
Paulsen of Belmont, and Falzone of Saugus move that the bill be
amended in section 95, in line 2 by striking out the figures
$4,000,000 and inserting in place thereof the figures
$8,000,000, and that the bill be further amended in section 2 by
inserting after item 7004-9315 the following item:
7004-9316 “For a program to provide assistance for
homeless families and families at risk of becoming homeless;
provided that the amount of financial assistance shall not exceed
$3,000 per family; provided further, that funds may be used for
security deposits, first and last month’s rent, moving expenses,
utility payments or other uses as determined by the department of
housing and community development; provided further, that assistance
shall be administered by the department through contracts with the
regional non-profit housing agencies; provided further, that no such
assistance shall be provided to any family with an income in excess
of 130 percent of the federal poverty level, except in cases of
extraordinary hardship as determined by the department and the
administering non-profit housing agency; provided further, that
cases of extraordinary hardship shall not exceed 10 percent of the
program caseload; provided further, that prior to authorizing a
residential assistance payment for a family, the non-profit housing
agency shall make an assessment of whether said payment, with or
without additional housing stabilization support, will enable the
family to retain its current housing, obtain new housing, or
otherwise avoid homelessness; provided further, that in making such
assessment the agency shall apply a presumption that said payment
will enable a family to retain its housing, obtain new housing, or
otherwise avoid homelessness if the family is paying less than or
equal to 50 percent of its income for said housing; provided
further, that a family who is paying more than 50 percent of its
income for its housing shall be provided a fair opportunity to
establish that a residential assistance payment will enable it to
retain its housing, obtain new housing, or otherwise avoid
homelessness; provided further, that residential assistance payments
may be made through direct vendor payments according to standards to
be established by the department; provided further, that the
agencies shall establish a system for referring families approved
for residential assistance payments who the agencies determine would
benefit from such services to existing community-based programs that
provide additional housing stabilization supports, including
assistance in obtaining housing subsidies and locating alternative
housing that is safe and affordable for said families; provided
further, that the program shall be administered pursuant to
guidelines established by the department; and provided further, that
the department shall provide a status report to the secretary of
administration and finance and the house and senate committees on
ways and means no later than March 1, 2005 detailing all
expenditures of said program, including but not limited to the
number of recipients of the funds, the housing status of the
recipients, the purposes for which each family used the assistance,
the administrative costs and any other related costs of the
program……………………..$4,000,000”.
CLERK NUMBER: 678
Representatives Rushing of Boston, Khan of Newton, Story of
Amherst, Smizik of Brookline, Petersen of Marblehead, Demakis of
Boston, Blumer of Framingham, Sanchez of Boston, Balser of Newton
Wolf of Cambridge, and Marzilli of Arlington, moves that the bill be
amended in section 2, in item 4000-0870, by
striking out the figure “$135,955,000” and inserting in place
thereof the figure “$150,955,000,” in section 2, in item 4000-0320
by striking out the figure “$333,500,000” and inserting in place
thereof the figure “$318,500,000;”
And that the bill be further amended by adding the following two
sections:
“Section ____. Section 16D of chapter 118E of the General
Laws, as most recently amended by Section 322 of chapter 26 of the
Acts of 2003, is hereby amended by striking subsections (3) and
(6)”;
“Section ____. Subsection (4) of section 16D of chapter
118E of the General Laws, as inserted by section 322 of chapter 26
of the Acts of 2003, is hereby amended by striking
out the words: “Before termination of eligibility under the
authority of subsection (3), the” and inserting in place thereof the
following word:– The”.
CLERK NUMBER: 679
Mr. Driscoll Of Braintree 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, the
town of Braintree may impose an excise upon the transfer of
occupancy of any room or rooms in a bed and breakfast establishment,
hotel, lodging house or motel located in said town at a rate not to
exceed 7 per cent subject to all other provisions of section 3A of
chapter 64G of the General Laws.
CLERK NUMBER: 680
Mr. Hynes of Marshfield
and Mr. Kulik of
Worthington move that
the bill be amended by striking out sections 5 and 107.
CLERK NUMBER: 681
Mrs. Paulsen of Belmont, Ms. Spilka of Ashland, Ms. Jehlen of
Somerville, Ms. Malia of Boston, Ms. Story of Amherst, Mr. Sullivan
of Fall River, Mr. Smizik of Brookline, Ms. Khan of Newton, Mr.
Bosley of North Adams, Mr. Festa of Melrose, Mr. Linsky of Natick,
Mr. Cabral of New Bedford, Ms. Gobi of Spencer, Ms. Fox of Boston,
Ms. Blumer of Framingham, Mr. Rushing of Boston, Mr. Timilty of
Milton, Ms. Gomes of Harwich, Mr. Golden of Boston, Mr. Petersen of
Marblehead, Mr. Turkington of Falmouth, Ms. Grant of Beverly, Ms.
Owens-Hicks of Boston, Ms. Balser of Newton and Ms. Teahan of
Whitman move that the bill be amended in section 2, in item
4401-1000, by striking out the figures “$13,998,987” and inserting
in place thereof the figures “$16,998,987”, and in item 8900-0001 by
striking out the figures “$428,124,325" and inserting in place
thereof the following figures “$425,124,325".
CLERK NUMBER: 682
Mr. Driscoll Of Braintree 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, the
Division of Health Care Finance and Policy shall set the maximum
trip fee for chair car services for not less than $30.00, each way,
plus mileage.
CLERK NUMBER: 683
Representatives Peisch of Wellesley, L’Italien of Andover,
Humason of Westfield, Linsky of Natick, Perry of Sandwich, Gobi of
Spencer, Stanley of West Newbury, Eldridge of Acton, Marzilli of
Arlington, Kocut of Northampton, Hillman of Sturbridge, Khan of
Newton, Rogeness of Longmeadow, Teahan of Whitman, Atkins of
Concord, and Festa of Melrose move that the bill be amended by
adding at the end thereof the following section(s):
Section 4 of chapter 32 of the General Laws, as appearing in the
2002 Official Edition, is hereby amended by striking out , in lines
5 to 10, the words “provided, that he shall be credited with a year
of creditable service for each calendar year during which he served
as an elected official; and provided, further, that in no event
shall he be credited with more than one year of creditable service
for all such membership service rendered during any one calendar
year,” and inserting in place thereof the following words:
“provided, that he shall be credited with a year of creditable
service for each calendar year during which he served for at
least 356 days as an elected official; and provided, further, that
in no event shall he be credited with more than one year of
creditable service for all such membership service rendered during
any one calendar year.”
CLERK NUMBER: 684
Mr. Driscoll Of Braintree move that the bill be amended by adding
at the end thereof the following section(s):
Section 1. The legislature shall direct the Secretary of
Transportation and the Massachusetts Highway Department to conduct a
study on the effects of a permanent commercial truck ban on
Elm Street , Hayward
Street and Howard
Street , all in the town of
Braintree .
Section 2. The Secretary of Transportation and the
Massachusetts Highway Department shall submit its report and
recommendations, if any, to the legislature by January 1, 2005 .
CLERK NUMBER: 685
Mrs. Paulsen of Belmont, Ms. Jehlen of Somerville, Ms. Khan of
Newton, Mr. Smizik of Brookline, Mr. Eldridge of Acton, Mr. Patrick
of Falmouth, Mr. Marzilli of Arlington, Mr. Rush of Boston, Mr.
Festa of Melrose, Ms. Story of Amherst, Ms. Blumer of Framingham,
Mr. Linsky of Natick, Mr. Atsalis of Barnstable, Mr. Toomey of
Cambridge, Mr. Sullivan of Fall River, Ms. Spiliotis of Peabody, Mr.
Kocot of Northampton, Ms. Grant of Beverly, Ms. Teahan of Whitman,
Mr. Falzone of Saugus, Mr. Timilty of Milton, Mr. Carron of
Southbridge, Mr. Petersen of Marblehead and Ms. Gomes of Harwich
move that the bill be amended in section 2, in item 4120-5000, by
striking out the figures “$4,240,768” and inserting in place thereof
the figures “$4,339,768”.
CLERK NUMBER: 686
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: 686
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: 687
Mrs. Paulsen of Belmont, Ms. Khan of Newton, Mr. Smizik of
Brookline, Mr. Linsky of Natick, Ms. Balser of Newton, Mr. Marzilli
of Arlington, Ms. Wolf of Cambridge, Mr. Murphy of Burlington, Ms.
Fox of Boston, Mr. Toomey of Cambridge, Ms. Blumer of Framingham,
Ms. Teahan of Whitman, Mr. Petersen of Marblehead and Mr. Rushing of
Boston move that the bill be amended in section 2, in item
0321-2100, by striking out the figures “$500,000” and inserting in
place thereof the figures “$599,000”.
CLERK NUMBER: 688
Representative Rivera of Springfield moves that the bill be
amended in section 2, line item 1410-0012, in line 16, by striking
out the figures “$84,879” and inserting in place thereof the figures
“$134,879”; and in said item, in line 21, by striking out the
figures “$1,018,615” and inserting in place thereof the
figures “$1,068,615”.
CLERK NUMBER: 689
Representatives Rushing of Boston and Golden of Boston moves that
the bill be amended in section 2 by inserting after item 9110-1660
the following item:
“9110-1700 Elder Residential Assistance and Placement Program
$250,000” and be it further amended in section 2 in item 0411-1000,
by striking out the figures “$5,135,418” and inserting in place
thereof the figures ……..“$4,875,418”.
CLERK NUMBER: 690
Representative Rivera of Springfield
moves that the bill be amended in section 2,
line item 1410-0250, in line 8, by striking out the figures
“$28,350” and inserting in place thereof the figures “$100,000”; and
in said item, in line 21, by striking out the figures “$3,390,859”
and inserting in place thereof the figures “$3,462,509”.
CLERK NUMBER: 691
Mr. Finegold Of Andover And Mr. Golden Of Lowell move that the
bill be amended in section 2 by inserting after item 7100-0300 the
following item:
“7100-0350. For the operation of the product stewardship
institute of the University
of Massachusetts
of Lowell
……………………………………………………………………………..
$500,000; and amended further in item 7007-0900 by deleting the
figure of $9,000,000 and inserting in place thereof the following
figure: "8,500,000”.
CLERK NUMBER: 692
Mr. Hynes of Marshfield
moves that the bill be amended in section 2,
in item 4000-0600, by striking out the figure “$1,768,393,000” and
inserting in place thereof the figure “$1,752,000” and by adding at
the end thereof the following section:
”Section 9E of chapter 118E of the General Laws, inserted by
section 317 of chapter 26 of the Acts of 2003, is hereby amended by
striking said section 9E.”
CLERK NUMBER: 693
Representative Stanley Of West Newbury
moves that the bill be amended by striking out section
101.
CLERK NUMBER: 694
Representative Robert Koczera Of New Bedford
move that the bill be amended by adding at
the end thereof the following section(s):
Pursuant to section 12 of chapter 32A of the General Laws, the
group insurance commission shall negotiate with and purchase on such
terms as it deems to be in the best interests of the commonwealth,
the political subdivisions that have accepted the provisions of this
section and retired teachers from such political subdivisions, who
are receiving a pension, annuity or retirement allowance from the
state teachers¹ retirement system, a policy or policies to make
available, beginning July 1, 2004, the services of a health care
organization to all such eligible and retired teachers and
dependents, including the surviving spouse and dependents of such
retired teachers, who reside in the
commonwealth.
CLERK NUMBER: 695
Sponser Mr. Webster Of Hanson move that the bill be amended by
adding at the end thereof the following section(s):
SECTION___The position of Town Treasurer and Town Collector in
the Town of Pembroke shall be combined and the combined position
shall be appointed by the Board of Selectmen of said town for a term
not to exceed three years and the person so appointed shall have all
of the powers and duties by law vested in the office of said Town
Treasurer and Town Collector. Any vacancy in such office shall be
filled in like manner. Said Board of Selectmen may remove any person
so appointed for cause after a hearing.
Notwithstanding the (forgoing)provisions the incumbent holding
the offices to Town Treasurer and Town Collector on the effective
date of this act shall continue to hold such offices and to perform
the duties thereof until the expiration of the terms for which she
was elected, unless she sooner vacates such offices. After the term
of the incumbent Town Treasurer and Town Collector holding such
offices on the effective date of this act have both expired, or both
offices are sooner vacated, the Board of Selectmen shall appoint a
Treasurer/Collector in the manner set forth above. Should the
incumbent Town Treasurer remain in office, upon the expiration of
her term in 2005, the Board of Selectmen will appoint her Interim
Town Treasurer until her term as Collector expires in 2006. The
Board of Selectmen may appoint a Treasurer/Collector as described
above.
Notwithstanding Chapter 32 of the General Laws, Section 116 of
Chapter 46 of the Acts of 2003 or any other general or special law
to the contrary, the incumbent Treasurer and Collector on the
effective date of this section shall be eligible for retirement
under section 116 of Chapter 46 of the Acts of 2003, provided
however, that said incumbent must file an application for retirement
by a date to be determined by the Board of Selectmen, such date to
be not later than September 6, 2004, and provided further that
notwithstanding Section 5 of Chapter 32, requiring a retirement date
within four months of filing of an application for superannuation
retirement, the Board of Selectmen may determine a retirement date
not earlier than September 6, 2004 and not later than her term
ending on April 30, 2005
SECTION___This act shall take effect upon
passage.
CLERK NUMBER: 696
Ms. Balser of Newton
moves that the bill be amended by striking
out sections 62 and 63.
CLERK NUMBER: 697
Ms. Balser of Newton moves that the bill be amended in line item
4000-0300, by inserting after "notwithstanding the provisions of any
general or special law to the contrary, the executive office shall
require the commissioner of mental health to approve any prior
authorization or other restriction on medication used to treat
mental illness in accordance with written policies, procedures and
regulations of the department of mental health" the following:
"provided that no prior authorization or other restriction on
medication shall apply to the treatment of children;"
CLERK NUMBER: 698
Reps. Balser of Newton, Marzilli of Arlington, Smizik of
Brookline, Patrick of Falmouth, Kocot of Northampton, Sullivan of
Fall River, Linsky of Natick, Spiliotis of Peabody, Demakis of
Boston, Paulsen of Belmont, Petersen of Marblehead, Rushing of
Boston, Fox of Boston, Falzone of Saugus, and Spilka of Ashland move
that the bill be amended by adding at the end thereof the following
section:
"SECTION _____. Section 38 of Chapter 63 of the General
Laws is hereby amended by striking out subsection (f) and inserting
in place thereof the following:-
(f) The sales factor is a fraction, the numerator of which is the
total sales of the corporation in this commonwealth during the
taxable year, and the denominator of which is the total sales of the
corporation everywhere during the taxable year. As used in this
subsection, "sales'' means all gross receipts of the corporation
except interest, dividends, and gross receipts from the maturity,
redemption, sale, exchange or other disposition of securities. Sales
of tangible personal property are in this commonwealth if:
1. the property is delivered or shipped to a purchaser, other
than the United States Government, within this commonwealth
regardless of the f. o. b. point or other conditions of the sale;
or
2. the property is shipped from an office, store, warehouse,
factory, or other place of storage in this commonwealth and (i) the
purchaser is the United States
government or (ii) the taxpayer is
not taxable in the state of the purchaser.
Sales, other than sales of tangible personal property, are in
this commonwealth if:
1. the income-producing activity is performed in this
commonwealth; or
2. the income-producing activity is performed both in and outside
this commonwealth and a greater proportion of this income-producing
activity is performed in this commonwealth than in any other state,
based on costs of performance.
For the purposes of this subsection the corporation will be
deemed to be taxable in the state of the purchaser if the tangible
personal property is delivered or shipped to a purchaser in a
foreign country; sales of tangible personal property to the United
States Government or any agency or instrumentality thereof for
purposes of resale to a foreign government or any agency or
instrumentality thereof are not sales made in this commonwealth; and
sales by a corporation to its wholly owned DISC shall be treated as
though made directly by such corporation to the customer of such
DISC.
Notwithstanding the foregoing, mutual fund sales by a mutual fund
service corporation as defined in subsection (m), other than the
sale of tangible personal property, shall be assigned to this
commonwealth to the extent that shareholders of the regulated
investment company are domiciled in this commonwealth as
follows:
(a) by multiplying the mutual fund service corporation's total
dollar amount of sales of such services on behalf of each regulated
investment company by a fraction, the numerator of which shall be
the average of the number of shares owned by the regulated
investment company's shareholders domiciled in this commonwealth at
the beginning of and at the end of the regulated investment
company's taxable year that ends with or within the mutual fund
service corporation's taxable year, and the denominator of which
shall be the average of the number of shares owned by the regulated
investment company shareholders everywhere at the beginning of and
at the end of the regulated investment company's taxable year that
ends with or within the mutual fund service corporation's taxable
year.
(b) A separate computation shall be made to determine the sale
for each regulated investment company, the sum of which shall equal
the total sales assigned to the commonwealth.
The commissioner shall promulgate regulations to implement the
provisions of this paragraph.
CLERK NUMBER: 699
Mrs. Paulsen of Belmont, Mr. Linsky of Natick, Ms. Khan of
Newton, Mr. Bosley of North Adams, Mr. Patrick of Falmouth, Mr.
Marzilli of Arlington, Ms. Spilka of Ashland, Ms. Fox of Boston, Ms.
Story of Amherst, Mr. Toomey of Cambridge, Ms. Teahan of Whitman,
Mr. Falzone of Saugus, Mr. Cabral of New Bedford, Mr. Verga of
Gloucester, Ms. L’Italien of Andover, Ms. Blumer of Framingham, Mr.
Rushing of Boston, Mr. Petersen of Marblehead and Ms. Grant of
Beverly move that the bill be amended in section 2, in item
4403-2000, in line 48, by inserting after “food stamp benefits;” the
following:
provided further, that good cause for failure to comply with the
work program or the terms of an employment development plan shall
exist when a recipient’s noncompliance is due to lack of appropriate
and available child care, lack of affordable and reliable
transportation, lack of an available and appropriate community
service site identified by the department, illness or disability, or
other good cause reasons determined by the department; provided
further, that a determination as to whether an available child care
slot is appropriate shall take into consideration factors that the
office for child care services recommends be considered or that a
reasonable and responsible parent would consider in deciding whether
a child care slot is appropriate, including the time required to
travel to and from the provider and the recipient’s home, work or
other activities; provided further, that before determining that a
recipient has failed to comply with the work program or the terms of
an employment development plan without good cause, the department
shall review all good cause criteria with the recipient to determine
if good cause exists; provided further, that the department shall
ensure that its computer system no barriers to implementation of the
provisions of this item, other provisions of law or departmental
policy.
CLERK NUMBER: 700
Mrs. Paulsen of Belmont, Mr. Marzilli of Arlington, Mr. Howland
of Freetown, Mr. Smizik of Brookline, Ms. Reinstein of Revere, Ms.
Khan of Newton, Ms. Blumer of Framingham, Mr. Falzone of Saugus, Ms.
Atkins of Concord and Ms. Grant of Beverly move that the bill be
amended in section 2, by striking out section 86 and inserting in
place thereof the following section:
“SECTION 86. Section 1 of chapter 83 of the General Laws, as
appearing in the 2000 Official Edition, is hereby amended by
inserting after the word “drainage” in line 6, the following words:—
“stormwater treatment and disposal,”.
SECTION 2. Said section 1 of chapter 83, as so appearing, is
hereby further amended by inserting at the end of the second
sentence in line 11 the following new sentence:— “Such works for
drainage may include any stormwater treatment facility or measure of
treating, or removing sediment or contaminants from, stormwater
discharges.”
SECTION 3. Said section 1 of chapter 83, as so appearing, is
hereby further amended by inserting at the end of the third sentence
in line 15: — “For the purposes of this chapter, the word
‘stormwater’ shall mean surface runoff from precipitation.”
SECTION 4. Section 10 of said chapter 83, as so appearing, is
hereby further amended by inserting at the end of the first sentence
of section 10 the following:— “A city, town, sewer district, or any
district established for the purpose of managing stormwater,
pursuant to section 1A of chapter 40, may from time to time
prescribe rules and regulations for the use of main drains and the
management of stormwater to prevent the discharge of sediment and
pollutants therein which may tend to degrade wetlands, streams,
other surface water bodies, and groundwater and to inspect the
facilities for the collection and infiltration of stormwater in
order to reduce flooding and improve the quality of and decrease the
quantity of stormwater runoff; for the connection of estates and
buildings with main drains; for the construction, alteration, and
use of all connections entering into such main drains; and for the
inspection of all materials used therein; and may prescribe civil
penalties, not exceeding five thousand dollars for each day of
violation of any such rule or regulation.”
SECTION 5. Section 16 of said chapter 83, as so appearing, is
hereby amended by adding after the words “use of common sewers” in
line 3 the following:— “and main drains and related stormwater
facilities” and by adding at the end of section 16 the following:—
“In establishing quarterly or annual charges for the use of main
drains and related stormwater facilities, the city, town, or
district may either charge a uniform fee for residential properties
and a separate uniform fee for commercial properties or establish an
annual charge based upon a uniform unit method, provided that said
charge shall be assessed in a fair and equitable manner. The annual
charge shall be calculated to supplement other available funds as
may be necessary to plan, construct, operate and maintain stormwater
facilities and to conduct stormwater programs. The city, town or
district may grant credits against the amount of the quarterly or
annual charge to those property owners who maintain on-site
functioning retention/detention basins or other filtration
structures as approved by the stormwater utility, conservation
commission, or other governmental entity with appropriate
authority.”
