House Budget Amendments

CLERK NUMBER: 701

Mr. Frost Of Auburn move that the bill be amended in section 2, in item 2800-0100, by striking out the figures “$3,773,905” and inserting in place thereof the figures “$3,863,905”.

CLERK NUMBER: 702

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

SECTION 110: Section 16 of chapter 21 of the General Laws is hereby amended by inserting after the word “wells” in lines 1 and 12, the following words, “ or water-well pump installation…”.

CLERK NUMBER: 703

Mr. Leary Of Worcester And Mr. Pedone Of Worcester move that the bill be amended in section 2, in item 0340-0410, by striking out the figures “$300,000” and inserting in place thereof the figures “$450,000”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$107,320,805”.

CLERK NUMBER: 704

Mr. Leary Of Worcester move that the bill be amended in section 2, in item 6010-0001, in line 27, by inserting after “in said areas;” the following: “provided further, that $99,000 shall be expended for traffic signalization on Route 12 in the vicinity of the Greendale Fire Station in the city of Worcester”; and in said item by striking out the figures “$14,657,993” and inserting in place thereof the figures “$14,558,357”.

CLERK NUMBER: 705

Mr. Leary Of Worcester, Mr. Pedone Of Worcester, Mr. Binienda of Worcester, Mr. Fresolo of Worcester, Mr. Naughton of Clinton, Ms. Callahan of Sutton, Mr. Hillman of Sturbridge, Ms. Polito of Shrewsbury, Ms. Gobi of Spencer, and Mr. Carron or Southbridge move that the bill be amended in section 2, in item 7512-0100, by striking out the figures “$11,386,891” and inserting in place thereof the figures “$12,436,891”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$106,870,805”.

CLERK NUMBER: 706

Mr. Leary of Worcester, Mr. Pedone of Worcester, Mr. Binienda of Worcester, Mr. Fresolo of Worcester, Mr. Carron of Southbridge, Mr. Naughton of Clinton, Ms. Callahan of Sutton, Ms. Polito of Shrewsbury, Ms. Parente of Milford, Mr. Kujawski of Webster, Ms. Gobi of Spencer, Mr. Hillman of Sturbridge, and Mr. Eldridge of Acton move that the bill be amended in section 2, in item 1410-0250, by striking out the figures “$303,966” and inserting in place thereof the figures “$503,966”; and in item 1100-1100, by striking out the figures “$3,297,608” and inserting in place thereof the figures “$3,097,608”.

CLERK NUMBER: 707

Mrs. Paulsen of Belmont , Ms. Blumer of Framingham , Ms. Khan of Newton , Ms. Atkins of Concord , Mr. Falzone of Saugus , Ms. Fox of Boston and Mr. Festa of Melrose move that the bill be amended by inserting after section 109 the following section:

“Section 110 (a) To augment the current activities of the administration, regulatory agencies, and the insurance industry toward implementing an assigned-risk plan, and in order to provide much-needed financial relief for Massachusetts citizens as soon as possible, to create a business climate more competitive with other states, and to research how best to establish a healthy automobile insurance market, a special commission shall be formed. Said commission shall be composed of nine (9) truly consumer-oriented individuals with no affiliations with either the insurance industry or the trial bar, selected as follows:

. Four (4) members of the General Court: one each to be appointed by the speaker of the House of Representatives, the president of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate;

A representative of the Governor;

A representative of the Attorney-General; and,

Three (3) consumers with comprehensive awareness of Massachusetts automobile insurance issues and with demonstrated commitment to the public good, the method of their selection to be determined by the General Court’s Joint Committee on Insurance.

(b) The first task of the commission shall be to develop automobile insurance reform legislation based on the “choice/no-fault” concept of offering consumers the option of a strong no-fault policy, whose benefits according to a series of studies by the Joint Economic Committee of the U.S. Congress include savings for all Massachusetts motorists averaging over $300 annually, and ranging from over two hundred dollars ($200) in the Commonwealth‘s most rural areas to over $600 for many inner-city residents.

(c) Upon completion of the above task, the commission shall then conduct in-depth research into the issue of competition for the Commonwealth’s automobile insurance market. Specific areas of concern shall include but not be limited to:

. The affordability of insurance by less-affluent car owners in the high-rated urban areas;

. The effect of innovative merit-rating plans such as those currently offered in the other more competitive states;

. The extent to which a more competitive rating system will induce more companies to entering the state’s insurance market and thus create a healthier market;

. The type of regulation of any competitive market that would be best suited to the needs of the Commonwealth;

. Methods whereby the current territorial cross-subsidization can be maintained in a competitive market; and,

. Upon the request of the Joint Committee on Insurance, other related issues that may arise in the course of the commission’s research.

The commission’s activities shall not affect the current industry changes towards the implementation of a so-called “assigned risk” method of handling the residual involuntary market.

(d) The commission shall avail itself of the counsel and advice of relevant regulatory bodies in other states, of national insurance information associations, and of major insurance companies, both those currently doing automobile insurance business in the Commonwealth and those currently not doing such business.

. (e) The operations of the commission shall be funded by a one-time assessment of ten cents ($0.10) per policy against all licensed insurers doing automobile insurance business in the Commonwealth, such assessment to produce approximately four hundred thousand dollars ($400,000) and representing approximately one-hundredth of a percent (0.01%) of the annual cost of the average policy.

(f) The commission shall submit the proposed legislation of subsection (b) above, together with any minority proposal(s), to the General Court no later than November 15, 2004 .

(g) The commission shall submit a report of the research of subsection (c) above, together with any minority report(s), to the General Court no later than July 1, 2005 .

(h) Upon the completion of both tasks, the commission shall be dissolved at the discretion of the Joint Committee on Insurance.

CLERK NUMBER: 708

Representative Koczera Of New Bedford move that the bill be amended in section 2, in item 7035-0002, by adding at the end thereof the following:

“and provided further that the department shall contiune to allow school comittees to grant high school diplomas based on local requirements to students graduating from "adult diploma programs," until June 30 2006 , in order that an alternative assesment system for adult learners may be developed. ”.

CLERK NUMBER: 709

Representative Robert Koczera Of New Bedford, Representative Antonio Cabral of New Bedford, Representative John Quinn of Dartmouth, Representative Michael Rodrigues of Westport, Representative William Straus of Mattapoisett, Representative Mark Howland of E. Freetown, and Representative David Sullivan of Fall River move that the bill be amended in section 2 by inserting after item 7010-0017 the following item:

“7027-0019. For school-to-career connecting activities; provided, that notwithstanding any general or special law to the contrary, the board of education, in cooperation with the department of labor and workforce development and the state workforce investment board, may establish and support a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program; provided further, that such program may include the award of matching grants to workforce investment boards or other local public private partnerships involving local community job commitments and work site learning opportunities for students; provided further, that grants shall require at least a 200 percent match in wages for the students from private sector participants; provided further that the program shall include, but not be limited to, a provision that business leaders commit resources to pay salaries, to provide mentoring and instruction on the job and to work closely with teachers; and provided further, that public funds shall assume the costs of connecting schools and business to ensure that students serve productively on the job……………………………$5,000,000"

Representative Robert Koczera further moves that the bill be amended in section 2, in item 8900-0001, by striking out the figure "$428,124,325" and inserting in place thereof the figure "$ 423,124,325”.

CLERK NUMBER: 710

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

And further moves that the bill be amended in section 2, in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$105,970,803”.

CLERK NUMBER: 711

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 “$8,859,000”; and in item 7004-3036, by striking out the figures “$821,925” and inserting in place thereof the figures “$962,925”; and adding at the end thereof the following words: “Provided further, that $141,000 in funds be expended for the Just A Start Corporation to administer a housing stabilization and conflict management services program to prevent homelessness”

CLERK NUMBER: 712

Mr. Fallon of Malden moves that the bill be amended in section 2, in item 7004-3036, by adding at the end thereof the following:

“Provided further, that $141,000 in funds be expended for the Just A Start Corporation to administer a housing stabilization and conflict management services program to prevent homelessness”.

CLERK NUMBER: 713

Mr. Scaccia of Boston moves that the bill be amended by adding at the end thereof the following new section:-

“SECTION ___. Chapter 64H of the General Laws, as appearing in the 2001 Official Edition, is hereby amended by inserting after section 2 the following section:-

SECTION 2A. Section 1. Any city or town which accepts the provisions of this section shall be authorized to impose a local excise tax, as provided in this chapter, upon the sale of meals, as defined in this chapter, of up to 3% of the total price thereof. The local excise tax imposed under the provisions of this section shall be paid by the vendor to the commissioner at the same time and in the same manner as the excise tax due the commonwealth. Such sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted the provisions of this section in proportion to three-quarters of the amount of such sums received from the sale of meals in each such city or town; provided further, that one-quarter of such sums shall be forwarded to the commission for the purpose of distribution to each municipality. The commissioner, in consultation with the Local Government Advisory Council, shall submit its recommendations for equitable distribution to each city and town to the chairs of house and senate ways and means committees by October 1, 2004 and shall forward such sums on a quarterly basis after such determination is made.

This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter; by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter; by a majority vote of the annual town meeting or a special meeting called for purpose, in the case of a municipality with a town meeting form of government; or by a majority vote of the town council, in the case of a municipality with a town council form of government. The provisions of this section shall take effect on the first day of the first calendar month following such acceptance; provided, however, that such day is at least fifteen days after such acceptance; and, provided further, that if such day is less than fifteen days after such acceptance it shall take effect on the first day of the second calendar month following such acceptance. The city or town, in accepting the provisions of this section, may not revoke or reimpose the local excise tax provided for in this section more often than once in any twelve-month period.

Section 2. This act shall take effect upon passage.”

CLERK NUMBER: 714

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

“SECTION __: Chapter 34B of the General Laws, as so appearing, is hereby amended by deleting sections 1 and 2 and inserting in place thereof the following sections: -

Section 1. The government of each of the following counties, in this chapter called an "abolished county'' is hereby abolished as of the following date, in this chapter called the "transfer date'', or on such earlier date 30 days after the commissioner of revenue certifies in writing that the county has failed to make a required payment on an outstanding bond or note: (a) Middlesex county, as of July 11, 1997; (b) Hampden and Worcester counties, as of July 1, 1998; (c) Hampshire county, as of January 1, 1999; provided, however, that all functions, duties and responsibilities for the operation and management of the jail, house of correction and registry of deeds of Hampshire county and all duties and responsibilities for operation and management of property occupied primarily by the sheriff, registry of deeds and the trial courts in Hampshire county are hereby transferred to the commonwealth, effective September 1, 1998, subject to the provisions of this chapter; (d) Essex county as of July 1, 1999; (e) Berkshire county on July 1, 2000, but all functions, duties and responsibilities for the operation and management of the registries of deeds of Suffolk and Berkshire counties and all duties and responsibilities for the operation and management of property occupied primarily by the registries of deeds in Berkshire and Suffolk counties are hereby transferred to the commonwealth, effective on July 1, 1999, subject to the provisions of this chapter; and (f) Suffolk county as of July 1, 2004.

Section 2. Notwithstanding the provisions of any general or special law to the contrary, the government of each abolished county, except the office of county treasurer, is hereby abolished as of the transfer date for all purposes, including, but not limited to, the purposes established pursuant to chapters 34, 34A, 35 and 36 or as otherwise authorized by this chapter. The office of an abolished county's treasurer shall expire on December 31, 2004 . Nothing in this chapter shall affect the existing county boundaries.”

CLERK NUMBER: 715

Mr. Galvin of Canton, Mr. Kafka of Sharon, Mr. Timilty of Milton, and Mr. Walsh of Boston move that the bill be amended in section 2, in item 2800-9004, by striking out the figures “219,750” and inserting in place thereof the figures “375,000”; and provided further, to obtain the revenue, in line-item 1100-1100 by striking out the figures “3,297,608” and inserting in place thereof the figures “3,137,608”

CLERK NUMBER: 716

Mr. Galvin of Canton , Ms. Creedon of Brockton , Ms. Canavan of Brockton , and Mr. Kennedy of Brockton move to amend the bill by inserting at the end thereof the following section:

SECTION ___. Section 150A ½ of Chapter 111 of the General Laws is hereby amended by inserting the following:

(18) to prohibit the siting of a solid waste facility or the granting of a permit for the establishment, construction, expansion, maintenance, or operation of a solid waste facility within the Zone II area of contribution of an existing public water supply well; this prohibition shall apply to any solid waste facility which had not received a site assignment on or before January 1, 2004.

CLERK NUMBER: 717

Mr. Galvin of Canton, Mr. Kafka of Sharon, Mr. Toomey of Cambridge, Mr. Timilty of Milton, Ms. Reinstein of Revere, Mr. Kocot of Northampton, Ms. Haddad of Somerset, Mr. Golden of Lowell, Ms. Gobi of Spencer, and Mr. Linsky of Natick move that the bill be amended by adding at the end thereof the following section:

"SECTION_______. A special commission is hereby established to investigate and study the feasibility of public access to defibrillators. Said commission shall be comprised of the Chairs of the Joint Committee on Public Safety or their designee, House and Senate Ways and Means Committees or their designee, a designee from the American Heart Association, along with members of the medical profession. Said commission shall report to the general court the results of its study together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the clerk of the house of representatives on or before the thirty-first of July, two thousand and five.

CLERK NUMBER: 718

Mr. Galvin of Canton, Mr. Toomey of Cambridge, Mr. Straus of Mattapoisett, Ms. Canavan of Brockton, Mr. Timilty of Milton, Mr. Driscoll of Braintree, Mr. Donato of Medford, Ms. Garry of Dracut, Mr. Howland of Freetown, Ms. Haddad of Somerset, Mr. Golden of Lowell, Mr. Pignatelli of Lenox, Ms. Gobi of Spencer, Mr. Kocot of Northampton, and Mr. Greene of Billerica move that the bill be amended in section 2, in item 8315-1000, by striking out the figures “3,758,175” and inserting in place thereof the figures “4,609,912”; and provided further, to obtain the revenue, in line-item 1201-0100 by striking out the figures “107,470,805” and inserting in place thereof the figures “106,570,805”.

CLERK NUMBER: 719

Mr. Galvin of Canton, Mr. Toomey of Cambridge, Mr. Straus of Mattapoisett, Ms. Canavan of Brockton, Mr. Timilty of Milton, Mr. Driscoll of Braintree, Mr. Donato of Medford, Ms. Garry of Dracut, Mr. Howland of Freetown, Ms. Haddad of Somerset, Mr. Golden of Lowell, Mr. Pignatelli of Lenox, Ms. Gobi of Spencer, Mr. Kocot of Northampton, and Mr. Greene of Billerica move that the bill be amended in section 2, in item 8311-1000, by striking out the figures “1,023,359” and inserting in place thereof the figures “1,088,292”.

CLERK NUMBER: 720

Mr. Galvin of Canton, Mr. Kennedy of Brockton, Mr. Toomey of Cambridge, Mr. Golden of Lowell, Mr. Timilty of Milton, Mr. O’Brien of Kingston, Mr. Kocot of Northampton, Ms. Haddad of Somerset, Mr. Donato of Medford, Ms. Gobi of Spencer, and Mr. Linsky of Natick move that the bill be amended in section 2, in item 1107-2400, by striking out the figures “543,469” and inserting in place thereof the figures “634,343”.

CLERK NUMBER: 721

Mr. Galvin of Canton, Mr. Toomey of Cambridge, Ms. Spiliotis of Peabody, Mr. Kocot of Northampton, Ms. Haddad of Somerset, Mr. Donato of Medford, Mr. Timilty of Milton, Mr. Golden of Lowell, Ms. Gobi of Spencer, and Mr. Linsky of Natick move that the bill be amended in section 2, in item 4120-4000, by striking out the figures “7,270,512” and inserting in place thereof the figures “9,060,512”; and provided further, to obtain the revenue, in line-item 1201-0100 by striking out the figures “107,470,805” and inserting in place thereof the figures “105,670,805”

CLERK NUMBER: 722

Mr. Galvin of Canton , Mr. Kafka of Sharon , and Mr. Kennedy of Brockton move that the bill be amended by adding at the end thereof the following section:

"SECTION_______. Section 13A of chapter 118E of the General Laws, as appearing in the 2002 Official Edition is hereby amended by adding the following paragraph:-

For any hospital fiscal year commencing on or after October first two thousand and three, the division shall not classify any ventilator dependent patient in a public payor-dependent non-acute hospital as an administratively necessary day patient, unless a physician member of the hospital’s utilization review committee finds and certifies that the medical services required by any such patient are actually available in a non-hospital facility located within a twenty-five mile radius of the patient’s principle residence and that the patient will receive safe and effective care. The division shall not make any decision or take any action as to the continuing necessity of hospital care in a public payor-dependent non-acute hospital which is inconsistent with the hospital utilization review committee findings. The division shall pay public payor-dependent non-acute hospitals at the full hospital inpatient per diem rate for services provided to such ventilator dependent patients entitled to medical assistance and such ventilator dependent patients shall not be subject to administratively necessary day rates.

CLERK NUMBER: 723

Mr. Galvin of Canton , Mr. Timilty of Milton , Mr. Ayers of Quincy, Mr. Coughlin of Dedham , Mr. Mariano of Quincy and Mr. Driscoll of Braintree move that the bill be amended in section 2 by inserting after item 7010-0017 the following item:

“7027-0016. That $47,926 shall be made available to the Blue Hills regional vocational high school for the Blue Hills School to Careers Partnership to fund a Teacher Externship Program and a Student Internship program”.

CLERK NUMBER: 724

Mr. Hynes of Marshfield moves that the bill be amended in section 2, in item 0330-0300, by striking out the figure “$110,546,710” and inserting in place thereof the figure “$110,351,012”; and in item 0337-0800, by striking out the figure “$784,881” and inserting in place thereof the figure “$980,579”.

CLERK NUMBER: 725

Mr. Petruccelli of East Boston moves that the bill be amended in section 2, in item 8900-0001, by striking out the figures “$428,124,325” and inserting in place thereof the figures “$427,599,325”; and in item 4512-0200, by striking out the figures “$36,227,349” and inserting in place thereof the figures “$36,754,349”; and in said item by inserting after the words “Dorchester section of Boston;” the following: “provided further, that not less than $525,000 be expended for a contract with STEP, Inc. for sobriety, treatment, education and prevention”

CLERK NUMBER: 726

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

SECTION 110: Section 16 of chapter 21 of the General Laws is hereby amended by inserting after the word “wells” in lines 1 and 12, the following words, “ or water-well pump installation…”.

CLERK NUMBER: 727

Mr. Costello of Newburyport moves to amend the bill in item 1201-0100 by striking out the figure “$107,470,805” and inserting in place thereof the figure “$106,620,805”; and amended further by inserting after item 7004-9315 the following item:

“7004-9400 For the acquisition and reclamation of beach front property in the Town of Salisbury ……………………………………………………………………..$850,000

CLERK NUMBER: 728

Mr. Greene Of Billerica And Mr. Hall Of Westford move that the bill be amended in section 2, in item 6010-0001, by adding at the end thereof the following:

“provided further that the department of highways construct sound barriers in the towns of Billerica and Lexington as follows: in the town of Billerica on the northerly side of Route 3 from a point 500 yards south of the Eliot Street bridge and extending 700 yards north of the Eliot Street bridge on the northerly side of Route 3; provided, further, that said barriers in the town of Lexington shall be from the off-ramp from Route 3 accessing Route 128 south and extending to the Grove Street Bridge; provided, further, that funds shall be expended for the construction of sound barriers in the town of Chelmsford as follows: designated Area Number 21, Waterford Place in Chelmsford, designated Area 1, Ledgewood/Lido Land in Bedford, as defined by HMMH Report Number 298280 as prepared for said document, from prior appropriated funds.”.

CLERK NUMBER: 729

Mr. Torrisi of North Andover, Mr. Lantigua of Lawrence, Mr. Finegold of Andover, Mr. Sullivan of Fall River, Mr. Koczera of New Bedford, and Mr. Carron of Southbridge move that the bill be amended in section 77, in line 39, by striking out the words “of free care costs” and inserting in place thereof the words “of the greater of the division’s calculation of free care costs or 110% of the hospital’s actual free care costs for the twelve month period beginning May 2003 and ending April 2004”.

CLERK NUMBER: 0730

Mr. Torrisi of North Andover, Mr. Lantigua of Lawrence, Mr. Finegold of Andover, Mr. Sullivan of Fall River, Mr. Kozcera of New Bedford, and Mr. Carron of Southbridge move that the bill be amended in section 72, in line 15, by adding after the words “ways and means” the following: “Prior to May 1, 2005, the agency will determine if there is expected to be a surplus of funds in this program as of June 30, 2005. Any estimated surplus funds will be transferred to the Uncompensated Care Fund by May 31, 2005 , to be distributed to those hospitals designated to receive no less than 88 percent of free care costs, provided that such hospitals 2005 monthly payment from the pool is less than 88% of actual free care costs. Any surplus funds from the MassHealth Essential program in Fiscal Year 2004 will be transferred to the Uncompensated Care Fund to be distributed to those hospitals designated to receive no less than 88 percent of free care costs in 2004, provided that such hospitals 2004 monthly payment from the pool is less than 88% of actual free care costs”.

CLERK NUMBER: 731

Mr. Straus of Mattapoisett and Ms. Jehlen of Somerville move that the bill be amended by adding at the end thereof the following section:

“Section 110. Said Chapter 6A of the General Laws is hereby amended by inserting after Section 16B the following section:”-

Section 16B ½

(a) Notwithstanding any general or special law to the contrary, the Secretary of the Executive Office of Health and Human Services, in consultation with the Secretary of Administration and Finance and the Secretary of Public Safety shall develop a coordinated, aggregate prescription drug procurement plan to manage and administer the disbursement, payment and reimbursement of prescription drugs, including but not limited to, claims processing, adjudication and client services for all pharmacy benefit plans funded or subsidized, in whole or in part by the Commonwealth. The plan shall maximize cost savings, efficiencies, enhance affordable access to prescriptions and be designed to improve health outcomes, benefits and coverage in said pharmacy benefit plans.

(b) Notwithstanding the provisions of any general or special law, as part of said aggregate procurement plan, the Secretary shall seek competitive bids from third party pharmacy benefits managers who are interested in providing such procurement services to the Commonwealth. The Secretary shall consider those pharmacy benefits managers with experience in the administration of publicly-funded health benefit plans and who are qualified to assess and manage the clinical efficacy and cost effectiveness of said pharmacy benefit plans on behalf of the Commonwealth. Nothing in this section shall preclude a not-for-profit entity from participating in such competitive bid process; provided, that during such competitive bid process, a not-for-profit pharmacy benefit manager shall demonstrate the capacity to provide the same level of service quality, assessment and ability to manage the clinical efficacy and cost effectiveness of the administration of such aggregate procurement plan as that of a for-profit pharmacy benefit manager, provided further, that the Secretary may establish an inter-governmental service agreement for the provision of pharmacy benefit management services if said not-for-profit pharmacy benefit manager is selected for the provision of such services, and provided further, that the Secretary may request such aggregate pharamcy benefit manager plan to disclose information regarding its marketing practices.

(c) A contract currently in existence with any agency or pharmacy benefits management company shall not be renewed or extended in a manner inconsistent with the provisions of this section, provided, that a contract in existence with any agency or pharmacy benefits management company shall not be terminated before its expiration date if such termination would cause substantial financial cost or service interruption to the commonwealth.

(d) The Secretary shall ensure that said aggregate procurement plan employs clinically-based tools to maximize cost savings, efficiencies, affordability, and to improve health outcomes and access to pharmacy benefits and coverage and effectively manage the pharmacy plans of the commonwealth. Said aggregate procurement plan shall separately manage and coordinate any and all benefits, rules and functions regarding drug utilization and cost for programs subject to Section 1927(a)(1)(C) of the Social Security Act, Title XIX.

(e) The Secretary shall implement said aggregate procurement plan not later than November 5, 2004 and shall submit, on April 15 of each year, a report detailing the coordinated aggregate or bulk purchasing arrangmenet results for the previous year to the House and Senate Clerks, the Chairs of the House and Senate Committees on Ways and Means and the House and Senate Chairs of the Joint Committee on Healthcare. The report shall include, but not be limited to, a review of said aggregate procurement plan’s achievement relative to: (1) cost savings achieved during the previous fiscal year; (2) administrative costs relating to the management of the program for the previous fiscal year; (3) any recommendations for enhancing the benefits provided by each plan, savings costs, reducing inefficiencies and improving access and quality and, (4) a cost-benefit analysis of the inclusion of other governmental entities, including but not limited to county, municipal and quasi-governmental entities within the aggregate pharmaceutical procurement plan.

CLERK NUMBER: 732

Mr. Ayers Of Quincy move that the bill be amended in section 2, in item 8000-2004, in line 3, by inserting after “Democratic National Convention” the following:

;and provided further, that not less than $25,000 shall be expended to provide additional Quincy Police patrols in the town of Quincy for increased security needs associated with the Democratic National Convention

CLERK NUMBER: 733

Representatives Bruce Ayers of Quincy, Brian Wallace of Boston, Shirley Gomes of Harwich, Joseph Driscoll of Braintree, Steven Walsh of Lynn, Demetrius Atsalis of Hyannis, Christopher Fallon of Malden, Kathi-Anne Reinstein of Revere, Vinny deMacedo of Plymouth, Geraldine Creedon of Brockton, Ellen Story of Amherst, Anne Gobi of Spencer, David Linsky of Natick, David Sullivan of Fall River, Barbara L’Italien of Andover, Frank Smizik of Brookline, Patricia Jehlen of Somerville, Michael Festa of Melrose, Louis Kafka of Stoughton, Mary Grant of Beverly, Eric Turkington of Falmouth, Walter Timility of Milton, Deborah Blumer of Framingham move that the bill be amended by adding at the end thereof the following six sections:

SECTION :Chapter 32A of the General Laws is hereby amended by inserting after section 17H the following section:—

Section 17I. (a) As used in this section, “Prosthetic device” means an artificial device to replace, in whole or in part, an arm or leg.

(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such employees as determined by the treating physician. The commission shall also provide coverage for medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.

(c) Nothing in this section shall prohibit the commission from offering greater coverage for prosthetic devices than that required by this section.

SECTION :Chapter 175 of the General Laws is hereby amended by inserting after section 47W, inserted by section 1 of chapter 49 of the acts of 2002, the following section:—

Section 47X. (a) As used in this section, “prosthetic device” means an artificial device to replace, in whole or in part, and arm or leg.

(b) Any individual policy of accident and sickness insurance issued pursuant to section 108 and any group blanket policy of accident and sickness insurance issued pursuant to section 110, except policies providing supplemental coverage to Medicare or to other government programs, that is delivered, issued or renewed within or without the commonwealth shall provide coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of the policyholder as determined by the treating physician. Coverage shall also be provided for medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.

(c) Nothing in this section shall prohibit an insurer from offering greater coverage for prosthetic devices than that required by this section.

SECTION :Chapter 176A of the General Laws is hereby amended by inserting after section 8W, inserted in section 2 of chapter 49 of the acts of 2002, the following section:—

Section 8X. (a) As used in this section, “prosthetic device” means an artificial device to replace, in whole or in part and arm or leg.

(b) Any contract between a subscriber and the corporation under an individual or group hospital service plan, except contracts providing supplemental coverage to Medicare or other governmental programs, that is delivered, issued or renewed within or without the commonwealth shall provide to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such subscribers or members as determined by the treating physician. Coverage shall also be provided for any medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles if any, unless the repair or replacement is necessitated by misuse or loss.

(c) Nothing in this section shall prohibit the corporation from offering greater coverage for prosthetic devices than that required by this section.

SECTION :Chapter 176B of the General Laws is hereby amended by inserting after section 4W, inserted by section 3 of chapter 49 of the acts of 2002, the following section:—

Section 4X. (a) As used in this section, “prosthetic device” means an artificial device to replace, in whole or in part, an arm or leg.

(b) Any subscription certificate under an individual or group medical service agreement, except certificates providing supplemental coverage to Medicare or other governmental programs, that is delivered, issued or renewed within or without the commonwealth shall provide to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment in the commonwealth coverage for prosthetic devices that equals the coverage provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such subscribers or members as determined by the treating physician. Coverage shall also be provided for medically necessary repairs and replacements or prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.

(c) Nothing in this section shall prohibit the corporation from offering greater coverage for prosthetic devices than that required by this section.

SECTION :Chapter 176G of the General Laws is hereby amended by inserting after section 4O, inserted by section 4 of chapter 49 of the acts of 2002, the following section:—

Section 4P. (a) As used in this section, “prosthetic device” means an artificial device to replace, in whole or in part, an arm or leg.

(b) An individual or group health maintenance contract, except contracts providing supplemental coverage to Medicare or to other government programs, shall provide to residents of the commonwealth and to persons having a principal place of employment within the commonwealth coverage for prosthetic devices that equals the coverage and benefits provided for such devices under the federal laws providing health insurance to the aged and disabled, 42 U.S.C. sections 1395k, 1395l, and 1395m and 42 C.F.R. 414.202, 414.210, 414.228 and 410.100. Coverage for the prosthetic devices shall be provided for the most appropriate medically necessary model that adequately meets the medical needs of such subscribers or members as determined by the treating physician. Coverage shall also be provided for medically necessary repairs and replacements of prosthetic devices, subject to co-payments and deductibles, if any, unless the repair or replacement is necessitated by misuse or loss.

(c) Nothing in this section shall prohibit a health maintenance organization from offering greater coverage for prosthetic devices than that required by this section.

SECTION :This act shall apply to all policies, contracts, agreements, plans and certificates of insurance issued or delivered within or without the commonwealth on or after January 1, 2005 , and to all policies, contracts, agreements, plans and certificates of insurance in effect before that date upon renewal on or after January 1, 2005 .

CLERK NUMBER: 0734

Mr. Peterson of Grafton moves that the bill be amended by adding at the end thereof the following two sections: —

“SECTION ___. Subsection (l) of section 1 of chapter 64A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 70, the number “21” and inserting in place thereof the following number:- 11.

SECTION ___. Section ___ shall be effective only for the months of July through December, inclusive, of taxable year 2004. Any revenue forgone as a result of said Section ___ shall be reimbursed from the Stabilization Fund. The comptroller is authorized to make said reimbursement to the funds to which the gasoline excise is credited pursuant to section 13 of chapter 64A, according to the payment formula stipulated in said section 13 of said chapter 64A.”

CLERK NUMBER: 735

Mr. Peterson of Grafton moves that the bill be amended by adding at the end thereof the following two sections: —

SECTION ___. Section ___ shall be effective only for the months of July through October, inclusive, of taxable year 2004.”

CLERK NUMBER: 736

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

Section 6B of chapter 200A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out sub-section (a) and inserting in place thereof the following subsection:—

(a). Subject to the provisions of Section 1A and subsection (b) of this section, any sum payable on a certified check, draft, cashier’s check, treasurer’s check, registered check, or other similar written instrument. other than a third-party bank check, on which a person is directly liable shall be presumed abandoned under this section if has been outstanding for more than three years from the date it was payable, or from the date of its issuance, if payable on demand, or in the case of traveler checks has been outstanding for more than fifteen years, or in the case of money orders has been outstanding for more than seven years, from the date of its issuance, unless the owner has within three years, or within fifteen years in the case of travelers checks, or within seven years in the case of money orders, corresponded in writing with the person concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the person. A new person is directly liable if it is the actual holder of the fund representing the face amount of such instrument at the time of presumed abandonment hereunder.

CLERK NUMBER: 737

Representative Robert Koczera Of New Bedford and Representative George Peterson of Grafton move that the bill be amended by adding at the end thereof the following section(s):

SECTION XX. Subsection (d) of section 18 of chapter 21A of the General laws, as so appearing, is hereby amended by inserting after clause (5) the following new clauses:-

(6) Notwithstanding the requirements of clauses (1) through (4), the department and a permit applicant may agree upon appropriate fees, related funding and schedules for projects meeting the criteria in clauses (1) and (2) or for projects determined by the commissioner to be of significant environmental interest to the commonwealth or that are consistent with sustainable development principles. With input from the advisory committee the department shall establish guidelines for the implementation of this subsection, including ensuring consideration of the allocation of department permitting resources and whether the project serves a significant public interest, and offers opportunities to restore, protect, conserve or enhance natural resource. All amounts received by the department for said projects shall be deposited in the fund established in clause (7) and may expended by the department in accordance with the requirements of clause (7).

(7) There shall be established and set up on the books of the commonwealth a separate trust to be know as the department of environmental protection's Special Projects Permitting and Oversight Fund. There shall be credited to the fund all amounts received by the department from permit applicants for projects identified in clause (6). All amounts credited to the fund may be expended by the department without further appropriation for the purpose of permitting, technical assistance, compliance, other related activities associated with said projects, including all direct and indirect costs of department personnel or contractors. With agreement of the project applicants, any amount credited to the fund in excess of the amount expended to complete the department's permitting, technical assistance, compliance, or other related activities associated with said projects, may be retained in the fund. Such funds may be expended by the department to support projects in economically distressed areas. An economically distressed area is an area or municipality that has been designated as an economic target area, or that would otherwise meet the criteria for such designation pursuant to section 3D of chapter 23A. The department's expenditure of said amounts shall be in accordance with relevant state law applicable to the expenditure and record keeping of state funds and shall be subject to audit by the state auditor.

CLERK NUMBER: 738

Ms. Polito of Shrewsbury moves that the bill be amended in section 2, in item 0640-0351, by striking out the figures “$1,000,000” and inserting in place thereof the following: -- figures “$541,042”; and in item 4800-0151, by striking out the figures “307,127” and inserting in place thereof the following: -- figures “766,085”.

CLERK NUMBER: 739

Mr. Pignatelli of Lenox moves to amend the bill by adding the following outside section:

Section____

Section 6 of chapter 136 of the General Laws is hereby amended by striking out clause (52) as appearing in section 21 of chapter 65 of the acts of 2004, and inserting in place thereof the following clause:-

(52) The retail sale of alcoholic beverages not to be drunk on the premises on Sundays by retail establishments licensed under section 15 of chapter 138; provided, however, that notwithstanding the provisions of this chapter a municipality may prohibit the retail sale of alcoholic beverages on Sunday by licensees under section 15 by vote of the city council or board of selectmen; provided further, that there shall be no such sales on Christmas Day if Christmas occurs on a Sunday; provided further, that no licensee shall operate prior to the hour of 9:00 ante meridian but may elect to open at any hour between 9:00 ante meridian and twelve noon and may close at any hour, but in no case may it open earlier than the hour set by the municipality within which said licensee is located; and provided further, that establishments operating under this clause which employ more than 7 persons on Sunday shall compensate all employees for work performed on said Sunday at a rate of not less than one and one-half of the employee's regular rate. No employee shall be required to work on a Sunday and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty.

CLERK NUMBER: 740

Representative Robert Koczera Of New Bedford , Representative and Representative Antonio Cabral of New Bedford , and Representative Ellen Story of Amherst move that the bill be amended in section 2 by inserting after item 7010-0017 the following item:

“7027-0016. For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for such programs in consultation with the department of labor and workforce development; provided further, that any funds distributed from this item to cities, towns or regional school districts shall be deposited with the treasurer of the city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special laws to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; provided further that the board of education may determine the percentage match required on an individual grant basis; provided further, that the department of education shall make available a payment of $596,883 for the state's matching grant for the CS-squared program at Commonwealth Corporation; provided further, that the department of education shall make available a payment of $ 942,191 to Jobs for Bay State Graduates, Inc., for the purpose of school-to-work activities; and provided further, that the department of education shall make available a payment of $42,975 to the Blue Hills regional vocational school for the School to Careers Partnership to fund a teacher externship program and a student internship program………………………………………………………………$1,582,049"

Representative Robert Koczera of New Bedford further moves that the bill be amended in section 2, item 1201-0100, by striking out the figures "$ 107,470,805" and inserting in place thereof the figures"$105,888,756 ”.

CLERK NUMBER: 741

Mr. Petrolati of Ludlow moves to amend the bill in section 2 in item 7007-0515 by adding at the end thereof the following:—

and provided further, that $185,000 shall be expended for the Belchertown Economic Development Industrial Corporation for the purposes of developing a re-use plan for the state property formerly known as the Belchertown State School

and by striking the amount “$550,000” in said item and inserting in place thereof the following:— $735,000

and in item 7007-1200 by striking out $2,000,000 and inserting in place thereof the following:—$1,815,000

CLERK NUMBER: 742

Mrs. Paulsen of Belmont and Mr. Koutoujian of Waltham move that the bill be amended in section 2, in item 8900-0001 by striking out the figures “$428,124,325" and inserting in place thereof the following figures “$427,624,325"; and in item 4516-1000, by striking out the figures “$9,701,774” and inserting in place thereof the figures “$10,299,975”.

CLERK NUMBER: 743

Representatives Teahan of Whitman, Paulsen of Belmont, Patrick of Falmouth, Sullivan of Fall River, Kocot of Northampton, Gobi of Spencer, Linsky of Natick, Kennedy of Brockton, Gomes of Harwich, LeDuc of Marlborough, Rush of Boston, Rushing of Boston, Canavan of Brockton, Turkington of Falmouth, Malia of Boston, Rivera of Springfield, Blumer of Framingham, Carron of Southbridge, Festa of Melrose, Falzone of Saugus, Knuuttila of Gardner, and Koutoujian of Newton move that the bill be amended in section 2, in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$107,251,581”; in item 4512-0500, in line 3, by striking out the following: “funds” and inserting in place thereof the following: “$1,390,374”; in said item, in lines 5 and 6, by striking out the following: “children” and inserting in place thereof the following: “individuals”; and in said item by striking out the figures “$1,229,150” and inserting in place thereof the figures “$1,448,374”.

CLERK NUMBER: 744

Representatives Teahan of Whitman, Paulsen of Belmont, Patrick of Falmouth, Sullivan of Fall River, Kocot of Northampton, Gobi of Spencer, Linsky of Natick, Kennedy of Brockton, Gomes of Harwich, LeDuc of Marlborough, Rush of Boston, Rushing of Boston, Malia of Boston, Turkington of Falmouth, Rivera of Springfield, Blumer of Framingham, Carron of Southbridge, Festa of Melrose, Falzone of Saugus, Knuuttila of Gardner, and Koutoujian of Newton move that the bill be amended in section 2, in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$107,251,581”; and in item 4512-0500, by striking out the figures “$1,229,150” and inserting in place thereof the figures “$1,448,374”.

CLERK NUMBER: 745

Representatives Teahan of Whitman, Paulsen of Belmont, Patrick of Falmouth, Sullivan of Fall River, Kocot of Northampton, Gobi of Spencer, Linsky of Natick, Kennedy of Brockton, Loscocco of Holliston, Gomes of Harwich, Rushing of Boston, Rivera of Springfield, Blumer of Framingham, Carron of Southbridge, Festa of Melrose, Fox of Boston, Falzone of Saugus, Koutoujian of Newton, and O'Brien of Kingston move that the bill be amended in section 2, in item 4110-2000, by striking out the figures “$7,992,775” and inserting in place thereof the figures “$8,074,775”.

CLERK NUMBER: 746

Representatives Teahan of Whitman, O'Brien of Kingston, Fennell of Lynn, Kennedy of Brockton, Falzone of Saugus, Paulsen of Belmont, Sullivan of Fall River, Kocot of Northampton, Gobi of Spencer, Linsky of Natick, Ayers of Quincy, Ciampa of Somerville, Atsalis of Barnstable, Gomes of Harwich, Nyman of Hanover, Rushing of Boston, Tobin of Quincy, Petruccelli of Boston, Blumer of Framingham, Carron of Southbridge, Donato of Medford, Festa of Melrose, and Koutoujian of Newton move that the bill be amended in section 2, in item 1107-2501, in lines 10 to 13, inclusive, by striking out the following: “and provided further, that the commission shall ensure that all calls received by the commission’s 24-hour hotline are recorded, that all persons who call said hotline shall be immediately informed that all calls are recorded, and each such person shall be provided with the opportunity to elect that the call not be recorded”; and in said item by striking out the figures “$1,572,323” and inserting in place thereof the figures “$1,672,323”.

CLERK NUMBER: 747

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding at the end thereof the following section:-

SECTION_. Section 335 of chapter 164 of the Acts of 1997 is hereby amended by striking out, in line 2, the words “installed prior to July 1, 1997 ”

CLERK NUMBER: 748

Mr. Jones of North Reading , Ms. Rogeness of Longmeadow , Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 2, by striking out item 7061-9307.

CLERK NUMBER: 749

Mr. Jones of North Reading , Ms. Rogeness of Longmeadow , Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended in section 2, in item 1102-3206, by striking out lines 7 to 10, inclusive.

CLERK NUMBER: 750

Mr. Jones of North Reading, Ms. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by adding the following section: —

“SECTION . (a)The General Court hereby finds the following:

(1) The principles enumerated in this section fully apply only to public universities that present themselves as bound by the canons of academic freedom contained within. Nothing in this section shall be construed as interfering with the right of a private institution to restrict academic freedom on the basis of creed or belief; and

(2) the central purposes of a university are the pursuit of truth, the discovery of new knowledge through scholarship and research, the study and reasoned criticism of intellectual and cultural traditions, the teaching and general development of students to help them become creative individuals and productive citizens of a pluralistic democracy, and the transmission of knowledge and learning to a society at large; and

(3) free inquiry and free speech within the academic community are indispensable to the achievement of these goals, the freedoms to teach and to learn depend upon the creation of appropriate conditions and opportunities on the campus as a whole as well as in the classrooms and lecture halls, and these purposes reflect the values – pluralism, diversity, opportunity, critical intelligence, openness, and fairness – that are the cornerstones of American society; and

(4) academic freedom is indispensable to the American university. From its first formulation in the General Report of the Committee on Academic Freedom and Tenure of the American Association of University Professors, the concept of academic freedom has been premised on the idea that human knowledge is the pursuit of the truth, that there is no humanly accessible truth that is not in principle open to challenge; and

(5) academic freedom is most likely to thrive in an environment that protects and fosters independence of thought and speech. In the words of the General Report, it is vital to protect "as the first condition of progress [a] complete and unlimited freedom to pursue inquiry and publish its results"; and

(6) because free inquiry and its fruits are crucial to the democratic enterprise itself, academic freedom is a national value as well. In a historic 1967 decision, the Supreme Court of the United States overturned a New York State loyalty provision for teachers with these words: "Our Nation is deeply committed to safeguarding academic freedom, [a] transcendent value to all of us and not merely to the teachers concerned." (Keyishian v. Board of Regents of the Univ. of the State of New York ). In Sweezy v. New Hampshire , (1957), the Court observed that the "essentiality of freedom in the community of American universities [was] almost self-evident"; and

(7) academic freedom consists in protecting the intellectual independence of professors, researchers, and students in the pursuit of knowledge and the expression of ideas from interference by legislators or authorities within the institution itself, meaning that no political or ideological orthodoxy should be imposed on professors and researchers through the hiring, tenure, or termination process, nor through any other administrative means by the academic institution, nor should the legislature impose any such orthodoxy through the control of the university budget; and

(8) from the first statement on academic freedom, it has been recognized that intellectual independence means the protection of students as well as faculty from the imposition of any orthodoxy of a political or ideological nature. The 1910 General Report admonished faculty to avoid "taking unfair advantage of the student's immaturity by indoctrinating him with the teacher's own opinions before the student has had an opportunity fairly to examine other opinions upon the matters in question, and before he has sufficient knowledge and ripeness of judgment to be entitled to form any definitive opinion of his own." In 1967, the American Association of University Professors' Joint Statement on Rights and Freedoms of Students reinforced and amplified this injunction by affirming the inseparability of "the freedom to teach and freedom to learn." In the words of the report, "Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion;" and

(9) the academic criteria of the scholarly profession should include reasonable scholarly options within the areas of discipline; and

(10) the value of the life of the mind was articulated by Thomas Jefferson when he stated, "We are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it;" and

(11) the education of the next generation of leaders should contain rigorous and balanced exposure to significant theories and thoughtful viewpoints, and students should be given the knowledge and background that empowers them to think for themselves.

(b) The board of higher education shall, in cooperation with institutions of public higher education, establish an academic bill of rights. Such bill of rights shall secure the intellectual independence of faculty and students and protect the principles of academic freedom by requiring that the following principles and procedures be observed at all public colleges and universities within the commonwealth:

1). All faculty members shall be hired, fired, promoted, or granted tenure on the basis of their competence and appropriate knowledge in the field of their expertise. No faculty member shall be hired, fired, or denied promotion or tenure solely on the basis of his or her political or ideological beliefs; 2). No faculty member shall be excluded from a tenure search or hiring committee on the basis of his or her political or ideological beliefs; 3). Students shall not be graded on the basis of their political or ideological beliefs. Each college and university should have well known and publicly accessible policies and procedures available to students who believe they have been penalized for their social, political, or ideological beliefs; 4). While teachers are and should be free to pursue their own findings and perspectives in presenting their viewpoints, they should consider and make their students aware of other viewpoints. Academic disciplines should welcome exploration of unsettled questions; 5). Faculty members should not use their courses for the purpose of political or ideological indoctrination; 6). An environment conducive to the civil exchange of ideas being an essential component of a free university, the obstruction of invited campus speakers, destruction of campus literature, or other efforts to obstruct this exchange shall not be tolerated; and 7). Knowledge advances when individual scholars are left free to reach their own conclusions about which methods, facts, and theories have been validated by research. Academic institutions formed to advance knowledge within an area of research, maintain the integrity of the research process, and organize the professional lives of related researchers serve as indispensable venues within which scholars circulate research findings and debate their interpretation”.