House Budget Amendments

CLERK NUMBER: 751

Mr. Hillman of Sturbridge, 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 ___. Notwithstanding any general or special law to the contrary, the state comptroller shall, in consultation with the office of consumer affairs and business regulation and the division of local services within the department of revenue, conduct a study of the feasibility of expanding the intercept program to cross-check the list, maintained by the office of the state comptroller for purposes of revenue intercept, of persons owing outstanding receivables to municipalities, including, but not limited to unpaid property taxes, against the records of persons holding licenses issued by the commonwealth to do business in the commonwealth, including, but not limited to licenses issued by the division of professional licensure. Such expansion shall include the authority to suspend or revoke said licenses until such delinquent receivable is paid to the municipality or municipalities in question. The comptroller shall file a report with the house and senate committees on ways and means and the clerks of the house and senate no later than September 1, 2004 , detailing his findings. Said report shall include recommendations for legislation to grant any necessary authority to any state officer or state agency in order to better facilitate said expansion of the state intercept program.”

CLERK NUMBER: 752

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 ___. Section 99 of chapter 276 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:—

The commissioner shall establish and supervise a global positioning system that will track all persons classified as level 3 sex offenders under section 178L of chapter 6. Said system shall utilize tamper free ankle bracelets. The cost of establishing and maintaining said system shall be funded ratably by the sex offenders it tracks. Any such sex offender who fails to comply with the requirements of the system may be arrested without a warrant and kept in custody.”

CLERK NUMBER: 753

Mr. Jones of North Reading , Mrs. 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 1 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The provisions of chapter 268A shall apply to all members, officers and employees of the committee. No member of the committee may have any direct or indirect financial interest in any matter within the scope of the committee's duties and responsibilities.

CLERK NUMBER: 754

Mr. Jones of North Reading, Mrs. 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 . Sections 52 through 55, inclusive, of chapter 7 of the General Laws are hereby repealed.

CLERK NUMBER: 755

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 ___. 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 fund 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, and 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: 756

Mr. Jones of North Reading, Mrs. 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 sections:--

SECTION ___. Section 24 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting, in line 66, after the word “ninety-three:” the following words:- provided, however, that any such intermediate sanction shall consist of not less than 30 days of community service or not less than 5 days of imprisonment;.

SECTION ___. Said Section 24 of chapter 90 of the General Laws, as so appearing, is hereby further amended by inserting after the word “drivers.”, in line 81, the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment shall include, but need not be limited to, an assessment of the level of the offender's addiction to alcohol or drugs, and the department's recommended course of treatment. Such assessment shall be reported to the offender's probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from an assessment or recommended course of treatment for inability to pay, if the offender files an affidavit of indigency or inability to pay with the court, investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting, in line 99, after the word “ninety-three;” the following words:- provided, however, that any such intermediate sanction shall consist of no less than an assignment of not less than 60 days of community service or not less than 10 days or imprisonment.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word "drivers.", in line 115, the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment shall include, but need not be limited to, an assessment of the level of the offender's addiction to alcohol or drugs, and the department's recommended course of treatment. Such assessment shall be reported to the offender's probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, if the offender files an affidavit of indigency or inability to pay with the court, the investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby amended by inserting, in line 133, after the word “ninety-three;” the following words:- provided, however, that any such intermediate sanction shall consist of no less than an assignment of not less than 60 days of community service or not less than 10 days of imprisonment; .

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word "drivers.", in line 148, the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender's addictions to alcohol or drugs, and the department's recommended course of treatment. Such assessment shall be reported to the offender's probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION ___. Said Section 24 of said chapter 90 of the General Laws, as so appearing, is hereby amended by inserting, in line 167, after the word “ninety-three;” the following words:-provided, however, that any such intermediate sanction shall consist of no less than an assignment of not less than 60 days of community service or not less than 10 days of imprisonment.

SECTION ___. Said Section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word "drivers.", in line 182, the following paragraph:-

A mandatory condition of any probation or parole that may be ordered as a result of this paragraph is that the offender shall have an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender's addictions to alcohol or drugs, and the department's recommended course of treatment. Such assessment shall be reported to the offender's probation or parole officer, and the recommendations contained therein shall become a mandatory condition of his probation or parole. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 351 to 352, the words "six months" and inserting in place thereof the following words:- 1 year.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 363, the words "one year" and inserting in place thereof the following words:- 18 months.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting in after the word “necessary.” in line 370 the following sentences:-

A mandatory condition of any hardship license granted by the registrar pursuant to this paragraph shall be that the person have an ignition interlock device installed on every vehicle owned by the person and on every vehicle operated by the person, under such terms or conditions as the registrar may prescribe. Every person whose license has been suspended pursuant to this paragraph shall be required to provide proof to the registrar of installation of an ignition interlocking device on every vehicle owned and operated by the person, under such terms and conditions as the registrar may prescribe, in order for said person’s license or right to operate being reinstated upon the completion of the suspension period.

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting in after the word “necessary.” in line 399 the following sentences:-

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting in after the word “necessary.” in line 425 the following sentences:-

SECTION ___. Said section 24 of said chapter 90, as so appearing, is hereby amended by inserting at the end thereof the following section:-

Notwithstanding the provisions of any section of this chapter, any person who after being administered the chemical test set forth in this section and such evidence indicates that the percentage was fifteen one hundredths or more and the person is before the court for the first time for such offense, the court shall upon conviction order an alcohol assessment conducted by the department of public health. The assessment will include, but need not be limited to, an assessment of the level of the offender's addictions to alcohol or drugs, and the department's recommended course of treatment. No person shall be excluded from said assessment or recommended course of treatment for inability to pay, provided that the offender files an affidavit of indigency or inability to pay with the court, that investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to offender or his family, and that the court enters written findings thereof. The department of public health may make such rules and regulations as are necessary to accomplish the intent of this assessment.

CLERK NUMBER: 757

SECTION . Subsection (9) of section 45 of said chapter 30, as so appearing, is hereby amended by striking out in their entirety the definitions of "increment" and "'Step-in-range" or "increment step'".

SECTION . Said chapter 30, as so appearing, is hereby amended by striking out section 46C and inserting in place thereof the following section:-

Section 46C. The personnel administrator shall develop and maintain a management salary schedule. The schedule shall provide for salary ranges to which are assigned management classification titles and their job groups. Each range shall have a minimum and maximum salary rate. The personnel administrator shall review and revise the salary ranges as necessary. No position allocated to the management salary schedule shall be classified under chapter 31. Notwithstanding the provisions of sections 9A and 9B of this chapter or the provisions of any other general or special law to the contrary, no person appointed to a position in the management salary schedule shall acquire tenure in any such position.

The personnel administrator shall establish a management performance evaluation program, which shall include criteria to be used to determine merit pay increases, non-cash incentives and/or bonuses for managers. The personnel administrator shall establish rules governing salary administration and incentives for management employees, including rules for promotion, demotion and transfer. The personnel administrator shall establish rules for the compensation of any non-management employees excluded from collective bargaining under chapter 150E.

SECTION . Sections 46D through 46G, inclusive, of said chapter 30, as so appearing, are hereby repealed.

CLERK NUMBER: 758

Mr. Jones of North Reading, Mrs. 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 sections:-

SECTION ___. Section 178C of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the definition of “Agency” and inserting in place thereof, the following definition:-

“Agency,” the department of correction, any county correctional facility, the department of youth services, the department of social services, the parole board, the department of probation, the department of mental retardation, the department of mental health when the department of mental health is acting for persons who have been classified pursuant to the provisions of section fifteen, sixteen, seventeen or eighteen of chapter one hundred and twenty-three at any time during the term of hospitalization, the department of the trial court, including the district court department, the superior court department and the juvenile court department, or any other agency, department, board, commission or entity within the executive or judicial branch, excluding the committee for public counsel services, which has or had custody of, supervision or responsibility for a sex offender as defined in accordance with this chapter, including an individual participating in a program of any such agency, whether such program is conducted under a contract with a private entity or otherwise. Each agency shall be responsible for the identification of such individuals within its custody, supervision or responsibility. Notwithstanding any general or special law to the contrary, each such agency shall be certified to receive criminal offender record information maintained by the criminal history systems board for the purpose of identifying such individuals.

SECTION ___. Said section 178C of chapter 6 is further amended by inserting in the definition of “Sex offense” a semicolon after the words “section 6 of chapter 274.”

SECTION ___. Said section 178C of chapter 6 is further amended by inserting in the definition of “Sex offense involving a child” a semicolon after the words “section 6 of chapter 274.”

SECTION ___. Said section 178C of chapter 6 is further amended by inserting in the definition of “Sexually violent offense” a semicolon after the words “section 6 of chapter 274.”

SECTION ___. Section 178E of chapter 6 is further amended by inserting in clause (e) after the last sentence the following sentence:- The court shall notify the board of all determinations made pursuant to this paragraph.

SECTION ___. Said section 178E of chapter 6 is further amended by inserting in clause (f) after the last sentence the following sentence:- The court shall notify the board of all determinations made pursuant to this paragraph.

SECTION ___. Section 178H of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking clause (a) and inserting in place thereof the following clause:—

(a) A sex offender required to register pursuant to this chapter who knowingly: (i) fails to register; (ii) refuses to sign an acknowledgement of his duty to register as required by section 178E subsections (a), (b) and (c) of this chapter; (iii) fails to verify registration information; (iv) fails to provide notice of a change of address; or (v) who knowingly provides false information shall be punished in accordance with this section.

SECTION ___. Said section 178H of chapter 6 is further amended by inserting in clause (b) after the last sentence the following sentence:- Copies of records created by the board which are certified and attested to by the chairman of said board or his designee shall be admissible as evidence in any court of the commonwealth to prove facts contained therein.

SECTION ___. Section 178J of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the words “disseminated to assist in” in the last sentence of the last paragraph of subsection (a) the following words:- or defend against.

SECTION ___. Section 178K of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting in subsection (2)(a) after the words “Federal Bureau of Investigation” in the last sentence the following words:- and any other government agency responsible for the public’s health and safety.

SECTION ___. Section 178K of chapter 6 is further amended by inserting after the last sentence in subsection (2)(a) the following sentence:- The victim may be notified by the board of its registration and final classification determination regarding a level 1 offender.

SECTION ___. Section 178K of chapter 6 is further amended by inserting after the last sentence in subsection (2)(b) the following sentence:- The victim may be notified by the board of its registration and final classification determination regarding a level 2 offender.

SECTION ___. Section 178K of chapter 6 is further amended by inserting in the penultimate paragraph of subsection (2)(c) after the words “with 178I and 178J” the following sentence:— The victim may be notified by the board of its registration and final classification determination regarding a level 3 offender.

SECTION ___. Section 178K of chapter 6 is further amended by inserting in subsection (3) after the second sentence the following sentence:- Any statutory, regulatory, or other privilege or claim of confidentiality including, but not limited to, those set forth in sections 129A, 135, 135A, 135B and 172 of chapter 112, section 60A of chapter 119, section 20B of chapter 233, section 100A and 100B of chapter 276, relating to confidential communications or information shall not prohibit an agency from providing such files and data to the sex offender registry board pursuant to the provisions of this section.

SECTION ___. Section 178M of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking the words “of such sex offender’s petition for review” in the second sentence and inserting the following words:— of the filing of all dispositive of motions, pleadings and memoranda filed on behalf of all the parties.

SECTION ___. Section 178M of chapter 6 is further amended by striking the last sentence and inserting the following sentence:- The court shall impound all records from such proceedings, but the filing of an action under this section shall not stay the effect of the board’s final classification or registration requirements.

SECTION ___. Section 12 of chapter 123A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after subsection (e) the following subsection:-

(f) The district attorney or the attorney general shall provide written notice to the sex offender registry board of all petitions filed pursuant to this section.

SECTION ___. Section 178D of said chapter 6, as most recently amended by section 5 of chapter 140 of the acts of 2003, is hereby further amended by striking out in the second paragraph the words " and (viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive." and inserting in place thereof the following:-

(viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive; and (ix) the name and address of the institution of higher learning that the sex offender is attending.

SECTION ___. Subsection (d) of section 10 of chapter 66 of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following three paragraphs:-

The home address and home telephone number of any employee of the judicial branch, any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof or of any authority established by the general court to serve a public purpose, shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed. Such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180, or a criminal justice agency as defined in section 167 of chapter 6.

The name and home address and home telephone number of a family member of a commonwealth employee shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.

The home address, home telephone number and the place of employment or education of victims of adjudicated crimes and victims of domestic violence and of persons providing or training in family planning services, and the name, home address, home telephone number, and the place of employment or education of a family member of any of the foregoing, shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.

CLERK NUMBER: 759

Mr. Jones of North Reading, Mrs. 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 0330-3334; and in section 2, in item 0330-3333, by striking out the figures “17,000,000” and inserting in place thereof the figures “35,000,000”; and in section 2, by striking out item 0330-0105; and in section 2, in item 0330-0102, by striking out the figures “17,597,934” and inserting in place thereof the figures “20,196,527”; and in section 2, by striking out items 0335-0001, 0335-0100, 0335-0200, 0335-0300, 0335-0400, 0335-0500, 0335-0600 and 0335-0700; and by inserting in section 2, after item 0332-6000, the following items:-

“0332-6100 For the municipal court of Suffolk at Brighton $326,154

0332-6200 For the municipal court of Suffolk at Charlestown $232,655

0332-6201 For the municipal court of Suffolk at Boston $3,185,464”;

and by inserting in section 2 after item 0332-6300 the following items:-

“0332-6400 For the municipal court of Suffolk at Dorchester $1,149,514

0332-6500 For the municipal court of Suffolk at East Boston $582,745

0332-6600 For the municipal court of Suffolk at Roxbury $1,116,770

0332-6700 For the municipal court of Suffolk at South Boston $407,439

0332-6800 For the municipal court of Suffolk at West Roxbury $733,061”;

and by striking out the words “appropriation within the trial court department” in section 81 and inserting in place thereof the following words:- “appropriation within any trial court department”;

and by inserting at the end thereof the following sections:-

“SECTION ___. Chapter 211B of the General Laws, as so appearing, is hereby amended by striking section 1 and inserting in place thereof the following section:-

Section 1. There shall be a trial court of the commonwealth which shall consist of the following departments: the superior court department, the housing court department, the land court department, the probate and family court department, the juvenile court department, and the district court department. The trial court, as an administrative unit, shall consist of no more than 378 justices and special justices. There shall be selected as herein after provided, a chief justice for administration and management and a chief justice for each of the departments of the trial court; provided however, there shall be one chief justice who shall serve as the chief justice for the district court department, including all divisions previously within the Boston Municipal Court Department .

SECTION ___. Section 2 of said chapter 211B, as amended by section 449 of chapter 26 of the acts of 2003, is hereby further amended by striking the first sentence and inserting in place thereof the following sentence:- There shall be 82 justices appointed to the superior court department, 10 justices appointed to the housing court department, 6 justices appointed to the land court department, 51 justices appointed to the probate and family court department, 41 justices appointed to the juvenile court department, and 188 justices appointed to the district court department.

SECTION ___. Section 9A of said chapter 211B, as appearing in the 2002 Official Edition, is hereby amended by striking, in line 28, the words “ Boston municipal” and inserting in place thereof the following word:- district.

SECTION ___. Section 10B of said chapter 211B, as so appearing, is hereby amended by striking subparagraph (a) and inserting in place thereof the following subparagraph:-

(a) The exclusive authority to select and appoint assistant clerks in the district court, juvenile court and housing court shall be vested in the clerks of said courts and such authority shall not be subject to the review or approval of any other person, except as provided in this section.

SECTION ___. Section 13 of said chapter 211B, as so appearing, is hereby amended in the first sentence by striking the following words:- Boston municipal.

SECTION . Said section 13 of said chapter 211B, as so appearing, is hereby further amended in the second paragraph by striking the word “housing, and Boston municipal” and inserting in place thereof the following words:- and housing.

SECTION ___. Section 17 of said chapter 211B, as so appearing, is hereby amended in the fourth sentence of the second paragraph by striking the following words:- Boston municipal.

SECTION ___. Paragraph (f) of section 3 of chapter 211E of the General Laws, as so appearing, is hereby amended in the final sentence by striking the words “court, district court, and the Boston municipal court” and inserting in place thereof the following words:- court and district court.

SECTION ___. Chapter 218 of the General Laws, as amended by section 1 of chapter 45 of the acts of 2003, is hereby further amended by striking section 1 and inserting in place thereof the following section:-

Section 1. The district court department, established under section 1 of chapter 211B, shall consist of divisions, one for each of the judicial districts hereinafter enumerated, and whenever the words “district court”, “municipal court”, or “court” are used in this chapter, or some other clearly contrary intent, such words shall refer to a division of the district court department. Unless the context refers only to a person appointed to the municipal court of the city of Boston or to a juvenile court, the words “justice” and “special justice” shall mean, respectively, an associate justice and a special justice of the trial court appointed to a division of the district court department; and the words “clerk” or “clerk of court” shall mean the clerk of such court; and the words “assistant clerk”, “deputy assistant clerk”, “temporary clerk” or “temporary assistant clerk” shall mean, respectively, an assistant clerk, deputy assistant clerk, temporary clerk or temporary assistant clerk of such court.

The Boston municipal court shall be a division of the district court department of the trial court. Except where separate or contrary provisions with respect to the same subject matter are made applicable to Boston municipal court in sections 50 to 56, the provisions of this chapter relative to the divisions of the district court department shall apply to the Boston municipal court. Whenever used in this chapter or other general or special law, the words “ Boston municipal court department”, shall mean the Boston municipal court division of the district court department of the trial court established under chapter 211B. Whenever used in this chapter, the words “chief justice”, “chief justice of the Boston municipal court department”, or “chief justice of the department”, shall mean the chief justice of the district court department, unless the context clearly refers to a chief justice of another department established under chapter 211B, the chief justice for administration and management, or the chief justice of the supreme judicial court.

The judicial districts of the Boston municipal court and of the several other divisions of the district court department shall continue to comprise the following cities, towns, wards and territory in the following counties respectively.

Barnstable

The first district court of Barnstable , held at Barnstable ; Barnstable , Sandwich and Yarmouth . The second district court of Barnstable , held at Orleans ; Provincetown , Truro , Wellfleet, Eastham, Orleans , Brewster, Chatham , Harwich and Dennis. The third district court of Barnstable , held at Falmouth ; Mashpee, Falmouth and Bourne. Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E of chapter 119 are excepted from the jurisdiction of all of the above courts of this county.

Berkshire

The district court of northern Berkshire, held at Adams, North Adams and Williamstown; Adams, North Adams, Williamstown, Clarksburg, Florida, New Ashford, Cheshire, Savoy, Hancock, and Windsor; the district court of central Berkshire exercising concurrent jurisdiction in Windsor and Hancock.

The district court of central Berkshire, held at Pittsfield; Pittsfield, Hancock, Lanesborough, Peru, Hinsdale, Dalton, Washington, Richmond, Lenox, Becket and Windsor; the district court of southern Berkshire exercising concurrent jurisdiction in Lenox and Becket and the district court of northern Berkshire exercising concurrent jurisdiction in Windsor and Hancock.

The district court of southern Berkshire, held at Great Barrington and Lee; Sheffield, Great Barrington, Egremont, Alford, Mount Washington, Monterey, New Marlborough, Stockbridge, West Stockbridge, Sandisfield, Lee, Tyringham, Otis, Lenox and Becket; the district court of central Berkshire exercising concurrent jurisdiction in Lenox and Becket.

Bristol

The first district court of Bristol , held at Taunton ; Taunton , Rehoboth, Berkley , Dighton, Seekonk, Easton and Raynham.

The second district court of Bristol, held at Fall River; Fall River, Somerset, Swansea, Freetown and Westport; the third district court of Bristol exercising concurrent jurisdiction in Freetown and Westport.

The third district court of Bristol, held at New Bedford; New Bedford, Fairhaven, Acushnet, Dartmouth, Freetown and Westport; the second district court of Bristol exercising concurrent jurisdiction in Freetown and Westport.

The fourth district court of Bristol , held at Attleboro ; Attleboro , North Attleborough , Mansfield and Norton.

Dukes County

The district court of Dukes County, held at Oak Bluffs, Edgartown and Tisbury; Dukes County . Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119, and petitions brought under sections 24 and 39E of said chapter 119, are excepted from the jurisdiction of the above court of this county.

Essex

The first district court of Essex , held at Salem ; Salem , Beverly , Danvers , Middleton and Manchester-by-the-Sea.

The second district of Essex, held at Ipswich ; Ipswich , Hamilton , Topsfield and Wenham.

The central district court of northern Essex , held at Haverhill ; Haverhill , Groveland, Georgetown , Boxford and West Newbury ; the district court of Newburyport exercising concurrent jurisdiction in West Newbury .

The district court of eastern Essex , held at Gloucester ; Gloucester , Rockport and Essex .

The district court of southern Essex , held at Lynn ; Lynn , Swampscott, Saugus , Marblehead and Nahant.

The district court of Lawrence , held at Lawrence and Methuen ; Lawrence , Andover , North Andover and Methuen .

The district court of Newburyport, held at Newburyport ; Amesbury, Merrimac, Newbury, Newburyport , Rowley, Salisbury and West Newbury ; the central district court of northern Essex exercising concurrent jurisdiction in West Newbury .

The district court of Peabody , held at Peabody; Peabody and Lynnfield.

Franklin

The district court of Franklin, held at Greenfield , Franklin county, except Orange and Erving; Warwick, Wendell; Leverett, Shutesbury and New Salem. Sessions may also be held at Shelburne Falls in Shelburne and Buckland at such times and places as the justice of said court may determine.

The district court of eastern Franklin , held at Orange ; Athol, Orange , Erving, Warwick, Wendell, Leverett, Shutesbury and New Salem. Said court shall be held in Athol at least one day each week of the year.

Hampden

The district court of eastern Hampden, held at Palmer; Palmer, Brimfield, Hampden, Monson, Holland , Wales , Wilbraham, Ludlow and East Longmeadow .

The district court of western Hampden, held at Westfield and Chester ; Westfield , Chester , Granville, Southwick, Russell, Blandford, Tolland, Montgomery and Agawam .

The district court of Chicopee, held at Chicopee ; Chicopee .

The district court of Holyoke, held at Holyoke ; Holyoke .

The district court of Springfield , held at Springfield ; Springfield , West Springfield and Longmeadow .

Hampshire

The district court of Hampshire, held at Northampton, Cummington, Huntington and Easthampton; Hampshire county, except Amherst, Belchertown, Granby, Hadley, South Hadley, Pelham and Ware and any violation of law committed on the land of the metropolitan district commission comprising the Quabbin reservation or used for the supply or protection of the Quabbin reservoir.

The district court of eastern Hampshire, held at Belchertown, Amherst , Granby , Hadley, South Hadley , Pelham, Ware, and any violation of law committed on the land under the care and control of the department of conservation and recreation comprising the Quabbin reservation or used for the supply or protection of the Quabbin reservoir.

Middlesex

The district court of central Middlesex, held at Concord ; Concord , Acton , Bedford , Carlisle , Lincoln , Maynard, Stow , and Lexington .

The first district court of northern Middlesex, held at Ayer; Ayer, Dunstable, Groton , Pepperell, Townsend, Ashby, Shirley, Westford, Littleton , Boxborough and the Devens Regional Enterprise Zone.

The first district court of eastern Middlesex, held at Malden ; Malden , Wakefield , Melrose and Everett .

The second district court of eastern Middlesex, held at Waltham ; Waltham , Watertown and Weston.

The third district court of eastern Middlesex, held at Cambridge ; Cambridge , Arlington and Belmont .

The fourth district court of eastern Middlesex, held at Woburn ; Woburn , Winchester , Burlington , Wilmington , Stoneham , Reading and North Reading.

The first district court of southern Middlesex, held at Framingham ; Framingham , Ashland , Holliston, Hopkinton Wayland, and Sudbury .

The district court of Lowell , held at Lowell ; Lowell , Billerica , Tewksbury , Dracut , Chelmsford and Tyngsborough.

The district court of Marlborough , held at Marlborough; Marlborough and Hudson.

The district court of Natick , held at Natick ; Natick and Sherborn.

The district court of Newton, held at Newton ; Newton .

The district court of Somerville , held at Somerville ; Somerville and Medford .

Nantucket

The district court of Nantucket, held at Nantucket ; Nantucket county. Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E of said chapter 119 are excepted from the jurisdiction of the above court of this county.

Norfolk

The district court of northern Norfolk , held at Dedham ; Dedham , Dover , Norwood , Westwood, Medfield, Wellesley and Needham .

The district court of East Norfolk, held at Quincy; Quincy, Braintree, Cohasset, Weymouth, Holbrook, Randolph and Milton; and, in criminal cases, concurrently with the second district court of Plymouth, that part of Scituate described in chapter 394 of the acts of 1912. Arrests and service of process in such cases may be made by an officer qualified to serve criminal process in Cohasset.

The district court of southern Norfolk , held at Stoughton ; Stoughton , Avon , Canton and Sharon .

The district court of Western Norfolk, held at Wrentham; Franklin , Walpole , Foxborough, Medway, Millis, Norfolk , Wrentham and Plainville .

The municipal court of Brookline, held at Brookline ; Brookline .

Plymouth

The second district court of Plymouth , held at Hingham ; Hingham , Rockland , Hull , Hanover , Scituate and Norwell.

The third district court of Plymouth , held at Plymouth ; Plymouth , Kingston , Plympton, Pembroke, Duxbury, Halifax , Hanson and Marshfield .

The fourth district court of Plymouth , held at Wareham ; Middleborough , Wareham , Lakeville, Marion , Mattapoisett, Rochester and Carver.

The district court of Brockton , held at Brockton ; Brockton , Bridgewater , East Bridgewater , Whitman, Abington and West Bridgewater . Said court may adjourn to the Massachusetts correction institution, Bridgewater , whenever the public convenience seems to the first justice to render such adjournment expedient.

Suffolk

The municipal court of the city of Boston, held at Boston; wards 6, 7, 8, 9, 10, 11, 12, 16, 17 and 18 of Boston as they existed on February 1, 1882; and in criminal cases, concurrently with the municipal courts of the Roxbury and Brighton districts, the second and third district courts of eastern Middlesex and the district court of Newton, respectively, so much of the Charles river basin, as defined in section 2 of chapter 524 of the acts of 1909, as affected by chapter 245 of the acts of 1916 as is within the districts of said courts.

The municipal court of the Brighton district, held at Brighton in Boston ; ward 25 of Boston as it existed on February 1, 1882 .

The municipal court of the Charlestown district, held at Charlestown in Boston: wards 3, 4 and 5 of Boston as they existed on February 1, 1882; provided, however, that in criminal matters, said court shall have exclusive jurisdiction in that part of said wards which is in so much of the Charles river basin, as defined in section 2 of chapter 524 of the acts of 1909, as affected by chapter 245 of the acts of 1916 under the care and control of the department of conservation and recreation as is within the districts of said court.

The district court of Chelsea , held at Chelsea ; Chelsea , and Revere .

The municipal court of the Dorchester district, held at Dorchester in Boston ; ward 24 of Boston as it existed on February 1, 1882 , and the territory comprised within the limits of precinct 12 of ward 13 of Boston as it existed on November 2, 1948 .

The East Boston district court, held at East Boston in Boston; Winthrop and wards 1 and 2 of Boston as they existed on March 1, 1886; provided, however, that said court shall have territorial jurisdiction in matters that arise in the Sumner tunnel and Lieutenant William F. Callahan, Jr. tunnel, including any property, toll plazas and approach roads thereto under the ownership, care, custody and control of the Massachusetts Turnpike Authority as provided in chapter 598 of the acts of 1958.

The municipal court of the Roxbury district, held at Roxbury in Boston; wards 19, 20, 21 and 22 of Boston as they existed on February 1, 1882, excepting ward 10, save as hereinafter provided, as it existed on February 1, 1976; provided, however, that, notwithstanding any other law, said court shall have jurisdiction over matters arising in precincts 1, 6 and 7 of ward 10.

The municipal court of the South Boston district, held at South Boston in Boston ; wards 13, 14 and 15 of Boston as they existed on February 1, 1882 .

The municipal court of the West Roxbury district, held at West Roxbury in Boston; ward 23 of Boston as it existed on February 1, 1882, the territory comprised within the limits of the former town of Hyde Park which was annexed to Boston by chapters 469 and 583 of the acts of 1911, and ward 10, except precincts 1, 6 and 7 of said ward 10, as existing on February 1, 1976.

Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119 and petitions brought under sections 24 and 39E of said chapter 119 are excepted from the jurisdiction of all of the above courts of this county. The juvenile court located in the city of Boston, heretofore known as the Boston juvenile court, shall have the territorial jurisdiction provided in section 57 and, with respect to children in Suffolk county, shall have exclusive jurisdiction of petitions brought under said sections 24 and 39E of said chapter 119.

Worcester

The central district court of Worcester , held at Worcester ; Worcester , Auburn and Millbury.

The first district court of northern Worcester , held at Gardner ; Gardner , Petersham, Hubbardston and Westminster .

The first district court of eastern Worcester , held at Westborough and Grafton; Westborough, Grafton, Southborough, Northborough and Shrewsbury .

The second district court of eastern Worcester , held at Clinton ; Clinton , Berlin , Bolton , Boylston, Harvard, Lancaster , Sterling and West Boylston.

The first district court of southern Worcester , held at Southbridge and Webster; Southbridge , Webster, Sturbridge, Charlton, Dudley and Oxford .

The second district court of southern Worcester , held at Uxbridge; Uxbridge, Blackstone, Douglas , Northbridge, Millville and Sutton.

The third district court of Southern Worcester, held at Milford ; Milford , Mendon, Upton , Bellingham and Hopedale.

The district court of western Worcester, held at North Brookfield; East Brookfield, Brookfield, Spencer, North Brookfield, West Brookfield, Warren, Hardwick, Leicester, New Braintree, Barre, Oakham, Paxton and Rutland. Said court may adjourn to any town within its district other than North Brookfield whenever the public convenience seems to the presiding justice to render such adjournment expedient.

The district court of Fitchburg , held at Fitchburg ; Fitchburg and Lunenburg.

The district court of Leominster , held at Leominster ; Leominster , Holden and Princeton .

The district court at Winchendon, held at Winchendon; Winchendon, Ashburham, Phillipston, Royalston and Templeton.

Each division of the district court department may be referred to by the name of the principal place for the holding of that court.

SECTION ___. Section 43 of said chapter 218, as appearing in the 2002 Official Edition, is hereby amended by striking the last sentence.

SECTION ___. Said chapter 218, as amended by section 478 of chapter 26 of the acts of 2003, is hereby further amended by striking section 50 and inserting in place thereof the following section:-

Section 50. The Boston municipal court division of the district court department shall consist of 11 associate justices of the trial court appointed to said division.

The chief justice of the district court department, subject to the approval of the supreme judicial court and the chief justice for administration and management, may make, from time to time, rules for regulating the practice and conducting the business therein in all cases not expressly provided for by law.

The chief justice of the district court department shall have the power to appoint the first justice of the Boston municipal court in accordance with section 6.

SECTION ___. Section 51A of said chapter 218, as amended by section 479 of chapter 26 of the acts of 2003, is hereby repealed.

SECTION ___. Said chapter 218, as appearing in the 2002 Official Edition, is hereby amended by striking section 52 and inserting in place thereof the following section:-

Section 52. In addition to the powers conferred in section 10 of chapter 211B, the chief justice of the district court department may from time to time make assignments for the attendance of a justice at the several times and places appointed for holding court. Said chief justice, or, in case of his death, illness or incapacity, the first justice of the Boston municipal court, if in his opinion the public business so requires, may provide for additional sessions in the division, and for the appointment of special justices to hold such additional sessions.

SECTION ___. Chapter 218 of the General Laws, as amended by section 488 of chapter 26 of the acts of 2003, is hereby further amended by striking section 70 and inserting in place thereof the following section:-

Section 70. Notwithstanding the provisions of any special or general law to the contrary, there shall be one administrative office which shall provide administrative support to both the district court department and the Boston municipal court located within the city of Boston . Such administrative office may employ no more than one tape librarian and two legal counsels, and such other personnel as deemed necessary or appropriate by the chief justice of the district court department.

SECTION ___. Section 80A of said chapter 218, as amended by section 490 of chapter 26 of the acts of 2003, is hereby repealed.”

CLERK NUMBER: 760

“SECTION ___. Section 1 of chapter 30A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after paragraph (5) the following paragraph:-

(5A) "Regulatory impact statement" a statement by the promulgating agency which shall, to a reasonable degree of completeness: (i) identify the statutory change, problem, issue or deficiency addressed by the proposed regulation; (ii) identify the methodology or approach, including identification of expert information and analysis, used to address the statutory change, problem, issue or deficiency; (iii) identify specifically who is affected and to what extent by the proposed regulation; (iv) identify when such regulation becomes effective, when such regulation will be changed, if known, and how and when the regulation will be reviewed in the future, if at all; (v) identify the fiscal effect on the public and private sectors for the first and second year of the regulation's existence, and provide a projection of fiscal impact over the first 5 years; and (vi) identify and describe specifically the benefits of the regulation. Any data, including written information or material, statistics, measurements, calculations or other information used as the basis for reasoning, recommendation or conclusions, including any such information provided to the agency by a consultant, vendor or other third party, shall be part of the record and available to the public upon request.

SECTION ___. Section 2 of said chapter 30A, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

Every agency issuing rules and regulations shall maintain a notification list of persons and groups who are interested in the agency's rulemaking and who request preliminary notification of agency rulemaking, with such request renewed annually by persons or groups in December. No later than 30 days before the notice of hearing described above, the agency shall send a preliminary notification of agency rulemaking to each person or group who has requested preliminary notification of rulemaking and to the appropriate committee of the general court that has jurisdiction for the rule issuing agency, and to the ways and means committees of the house of representatives and the senate. The preliminary notification of rulemaking shall: (i) identify the rule to be noticed for hearing and the scope of the proposed rule; (ii) provide the statutory authority for such proposed rulemaking; and (iii) identify the person within the agency responsible for the rulemaking and who can be contacted for more information.

SECTION ___. Section 3 of said chapter 30A, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

Every agency issuing rules and regulations shall maintain a notification list of persons and groups interested in the agency's rulemaking and who request preliminary notification of agency rulemaking, such request renewed annually by persons and groups in December. No later than 30 days prior to the notice described above the agency shall send a preliminary notification of agency rulemaking to each person or group who has requested preliminary notification of agency rulemaking and to the appropriate committee of the general court that has jurisdiction for the rule issuing agency and to the ways and means committees of the house of representatives and the senate. The preliminary notification shall: (i) identify the rule to be noticed and the scope of the proposed rule; (ii) provide the statutory authority for such proposed rulemaking; and (iii) identify the person within the agency responsible for the rulemaking and who can be contacted for further information.

SECTION ___. The second paragraph of section 5 of said chapter 30A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:-

No rule or regulation so filed with the state secretary, except those filed for the purpose of setting rates, issuing grants or providing loans, and except those filed by the department of telecommunications and energy or the division of insurance, shall become effective until a regulatory impact statement has been completed, made public during the hearing process described above and is filed with the state secretary. The secretary of economic development shall review all regulatory impact statements prior to their filing with the state secretary to ensure and certify that a proper methodology and approach was used by the agency submitting said impact statement and to certify that the impact statement as submitted complies with the definition of "regulatory impact statement" as set forth in section 1 of chapter 30A.

SECTION ___. 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:-

CLERK NUMBER: 761

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 1599-4121 by striking out the figures “53,620,570” and inserting in place thereof the figures “53,245,570”; and by inserting after item 8000-0180 the following item:

“8000-0190 For a retained revenue account for the criminal history systems board; provided, that said board may expend not more than $325,000 from fees collected for criminal offender record information requests; and provided further, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system……………………$325,000”

CLERK NUMBER: 762

Mr. Jones of North Reading, Mrs. Rogeness of Longmeadow, Mr. Peterson of Grafton, Mr. Lepper of Attleboro and Mr. deMacedo of Plymouth move that the bill be amended by striking out section 33 and inserting in place thereof the following new section:-

SECTION 33. Section 2 of chapter 81A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the first 4 paragraphs and inserting in place thereof the following paragraphs:-

The authority shall consist of seven members, one of whom shall be the secretary of the executive office of transportation and construction, ex officio, one of whom shall be the commissioner of the department of highways, ex officio, and five members to be appointed by the governor who shall be residents of the commonwealth, and at least one member at all times shall be a resident of a town which abuts the Massachusetts turnpike and is wholly or partially located between the Weston toll plaza and the interstate route 495 interchange. No more than three of the five members, other than the two ex officio members, shall be members of the same political party. The governor shall designate one of the members as chairperson, who shall serve as chairperson at the pleasure of the Governor during his term in office. The members of the authority in office on July 1, 2004 shall continue for the remainder of their respective terms. The successor of each member in office as of July 1, 2004, shall be appointed for a term of four years; provided, however, that any person appointed to fill a vacancy shall serve only for the unexpired term; and provided, further, that all members shall have senior management level experience in one or more of the following areas: engineering, construction, business, public or private finance, and transportation. A member of the authority shall be eligible for reappointment. Any member of the authority appointed or reappointed on or after July 1, 2004 , except the two ex officio members, may be removed by the governor at any time with cause. Prior to entering upon the duties of his office, each member of the authority shall take an oath before the governor to administer the duties of his office faithfully and impartially and a record of such oath shall be filed in the office of the state secretary.

The authority shall elect one of the members as vice chairperson thereof. Four members of the authority shall constitute a quorum and the affirmative vote of four members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. The members shall meet monthly. Each meeting shall provide a sufficient opportunity for public comment.

For the purposes of this chapter, the chairperson of the authority as of December 31, 2003 , shall receive an annual salary from said authority that is equal to the annual salary payable to said chairperson as of December 31, 2003 for the remainder of his term as a member of the authority. All successor chairpersons shall receive an annual salary from the authority in the amount determined from time to time in the discretion of the board. The remaining members as of December 31, 2003 , shall each receive an annual salary of $25,852, shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties and shall be eligible to participate in any benefit plan approved by the authority. Notwithstanding the foregoing, the successor of each member in office as of July 1, 2004 and the two ex officio members of the authority shall not be compensated for their service as members of the authority nor shall they be eligible to participate in any benefit plan approved by the authority, except that each such member shall be reimbursed for such member's actual expenses necessarily incurred in the performance of the member's duties.

CLERK NUMBER: 763

Mr. Jones of North Reading, Mrs. 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:-

Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting at the end thereof the following new section:-

“Section ___ (1) Notwithstanding any other provision of this chapter to the contrary, the annual retirement allowance of any member retiring after July 1, 2004 shall be the lesser of a) the retirement allowance which the retiree would otherwise be granted pursuant to this chapter or b) the maximum retirement allowance ceiling described in subsection (2) of this section.

(2) The initial amount of the maximum retirement allowance ceiling shall be $100,000 per year, which shall be applied ratably to disbursement periods within a year. The ceiling shall be adjusted annually thereafter in a percentage equal to the cost of living adjustment for social security benefits determined by the United States Social Security Administration.

(3) The maximum retirement allowance ceiling at the level that is in effect from time to time shall adjust a member's initial retirement allowance at the time of retirement to the amount prescribed by the ceiling, but the member’s retirement allowance shall thereafter receive cost of living adjustments in the manner provided by sections 102 and 103 of this chapter.

(4) Any member whose retirement allowance is adjusted downward by the maximum retirement allowance ceiling to an amount less than the actuarial equivalent of his accumulated regular deductions shall be refunded by the applicable board a percentage of his accumulated regular deductions equal to the percentage by which the retirement allowance was reduced.”

Subsection (2) of section 12 of said chapter 32, as so appearing, is hereby amended in line 64 by inserting after the words "A full retirement allowance payable to such member which shall consist of" the following:-

the lesser of a) the maximum retirement allowance ceiling established in section 105, or b) the total of.

CLERK NUMBER: 764

Mr. Jones of North Reading, Mrs. 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 1599-4121 by striking out the figures “53,620,570” and inserting in place thereof the figures “40,972,018”; and in item 8000-0000, by striking the figures “1,507,324” and inserting in place thereof the figures “1,967,399”; and in item 8000-0105, by striking out the figures “4,626,377”; and inserting in place thereof the figures “5,846,945”; and in item 8100-0000, in line 22, by striking out the following: “provided further, that not less than $2,328,946 shall be expended for the payroll costs of the state police directed patrols; provided further, that 100 per cent of the amount allocated in item 8100-0301 of section 2 of chapter 184 of the acts of 2002 for each community delineated in said item shall be so allocated in fiscal year 2005;”; and in said item by striking out the figures “195,246,749” and inserting in place thereof the figures “200,927,217”; and in item 8900-0001 in line 1, by striking out the following: “provided, that the department shall expend not less than $1,008,500 to cities and towns hosting facilities;”; and in said item, in line 13, by striking out the following: “provided further, that not less than $875,000 shall be provided for emergency safety equipment grants;”; and in said item, in line 15, by striking out the following: “provided further, that the department shall expend not less than $500,000 to the community hosting the facility at Cedar Junction;”; and in said item by striking out the figures “428,124,325” and inserting in place thereof the figures “432,268,435”; and in item 8950-0001 by striking out the figures “12,353,427” and inserting in place thereof the figures “13,496,758”.

CLERK NUMBER: 765

Mr. Jones of North Reading, Mrs. 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 1750-0100, by striking out the figure “$3,000,000” and inserting in place thereof the following figure:-

$3, 850,000

and in section 2, in item 1100-1103, by striking out the figure “$98,305”

and in section 2, in item 1599-4121, by striking out the figure “$53,620,570” and inserting in place thereof the following figure:-

$52,868,875

CLERK NUMBER: 766

Mr. Jones of North Reading, Mrs. 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 . Paragraph (a) of subsection (1) of section 4 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the following 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;

CLERK NUMBER: 767

Mr. Jones of North Reading, Mrs. 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 . Subsection (2) of section 10 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (a).

CLERK NUMBER: 768

Representatives Teahan of Whitman, Paulsen of Belmont, Sullivan of Fall River, Kocot of Northampton, Gobi of Spencer, Linsky of Natick, Kennedy of Brockton, Gomes of Harwich, LeDuc of Marlborough, Rushing of Boston, Canavan of Brockton, Blumer of Framingham, Carron of Southbridge, Festa of Melrose, Fox of Boston, Falzone of Saugus, Khan of Newton, L'Italien of Andover, Demakis of Boston, Wolf of Cambridge, Spilka of Ashland, Peisch of Wellesley, and Koutoujian of Newton move that the bill be amended in section 2, in item 0640-0000, by striking out the figures “$67,022,388” and inserting in place thereof the figures “$61,524,283”; and in item 4000-0990, by striking out the figures “$13,901,895” and inserting in place thereof the figures “$19,400,000”.

CLERK NUMBER: 769

Representatives Teahan of Whitman, Linsky of Natick, Blumer of Framingham, Sullivan of Fall River, Donelan of Orange, Paulsen of Belmont, Rushing of Boston, Kennedy of Brockton, Canavan of Brockton, Turkington of Falmouth, Khan of Newton, Carron of Southbridge, Festa of Melrose, Fox of Boston, Toomey of Cambridge, Falzone of Saugus, Spilka of Ashland, Gobi of Spencer, Atkins of Concord, and Koutoujian of Newton move that the bill be amended by adding at the end thereof the following section:

Section ____. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 52 the following new section:-

Section 53. The division shall include within its covered services for adults at least those federally optional services which were in included in its state plan in effect on January 1, 2002 .

CLERK NUMBER: 770

Representative Teahan of Whitman 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 “$112,470,805”; and in said section, by striking out item 1231-1000.

CLERK NUMBER: 771

Mr. Swan Of Springfield move that the bill be amended in section 2, in item 4130-1000, by adding at the end thereof the following:

“provided further that not less than $811,000 shall be expended for the Springfield Catchment Area with the Northern Educational Services, Inc. (NES) so-called, as the lead agency”.

CLERK NUMBER: 772

Mr. Fagan of Taunton moves that the bill be amended in section 2, in item 4800-0015, by striking out the figures “63,726,571” and inserting in place thereof the figures “67,334,223”; and in item 7503-0100, by striking out the figures “12,301,358” and inserting in place thereof the figures “8,693,706”.

CLERK NUMBER: 773

Ms. St. Fleur Of Boston moves that the bill be amended by adding at the end thereof the following section:

SECTION . Section 72 of chapter 44 of the General Laws, as most recently amended by section 50 of chapter 127 of the acts of 1999, is hereby amended by striking the fifth sentence and inserting in place there of the following sentence:-

Notwithstanding the provisions of any general or special law to the contrary, any funds received by a city, town or regional school district pursuant to the provisions of this section shall be considered unrestricted revenue of the city, town or regional school district; provided, that a city or town shall deposit in a separate account for expenditure by the school committee no less than 50 percent of any such amount; provided further, that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 2003; provided further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further appropriation; provided further, that any expenditure from said account on items qualifying as net school spending shall supplement, and not substitute for, the net school spending requirement of the district; and provided further, that the receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70.

CLERK NUMBER: 774

Mr. Swan And Ms. Rivera Of Springfield move that the bill be amended in section 2, in item 7003-0701, by adding at the end thereof the following:

“provided further that not less than $400,000 be provided to the Massachusetts Career Development Institute, Inc. in Springfield ”.

CLERK NUMBER: 775

Mr. Peterson of Grafton moves that the bill be amended in section 2, line item 2511-0100, by striking the numbers “$3,528,442” and inserting in place thereof the sum “$3,624,296.”

CLERK NUMBER: 776

Mr. Carron of Southbridge, Mr. Donelan of Orange, Ms. Teahan of Whitman, Mr. Marzilli of Arlington, Ms. Reinstein of Revere, Mr. Galvin of Canton, Mr. Patrick of Falmouth, Ms. L’Italien of Andover, Ms. Jehlen of Somerville, Ms. Gomes of Harwich, Mr. Smizik of Brookline, Mr. Demakis of Boston, Mr. Toomey of Cambridge, Ms. Spiliotis of Peabody, Mr. Travis of Rehoboth, Mr. Linsky of Natick, Mr. Hillman of Sturbridge, Mr. Festa of Melrose, Mr. Hynes of Marshfield, Mr. Donato of Medford, Mr. Eldridge of Acton, Mr. Straus of Mattapoisett, Ms. Gobi of Spencer, Ms. Grant of Beverly, Mr. Falzone of Saugus, Ms. Blumer of Framingham move to amend the bill by inserting at the end thereof the following new section:

SECTION ____. Chapter 16 of the General Laws is hereby amended by inserting the following new section:—

Section 19A. For the purposes of this section the following words will have the following meanings:

“Cathode ray tube” or “CRT” means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

“Collection system” means the collection, packaging, transportation, and recycling of CRT’s discarded by consumers.

“Manufacturer” means the corporation or other legal entity which is the brand owner or importer of any CRT or computer product sold or used in Massachusetts .

On or after July 1, 2006, no product which includes a cathode ray tube shall be offered for final sale, use, or distribution for promotional purposes in the Commonwealth, including all such products sold or donated by mail order or through the internet until such time as the manufacturer of said product either on its own or in concert with other persons has implemented a plan approved by the department for a convenient and accessible collection system for such products when the consumer is finished with them that will impose no cost on any city, town, county, or the Commonwealth.

Where a cathode ray tube is a component of another product, the collection system must provide for removal and collection of the cathode ray tube component or collection of both the cathode ray tube component and the product containing it.

The collection system plan submitted to the department shall include

(A) a certification that the manufacturer will participate in a national collection system for computer products and cathode ray tubes that will be fully implemented in Massachusetts no later than July 1, 2006 and that said program will be consistent with the requirements of this section and of the performance standards established by the department; OR

(B) a certification that the manufacturer will participate in a collection system in Massachusetts which shall include the following elements:

(1) a public education program to inform the public about the purpose of the collection program and how to participate in it;

(2) a plan for implementing and financing the collection system that will impose no cost on any city, town, county, or the commonwealth;

(3) documentation of the willingness of all necessary parties to implement the proposed collection system:

(4) a description of the performance measures to be utilized and reported by the manufacturer to demonstrate that the collection system is meeting diversion rate targets and other measures of program effectiveness as required by the department;

(5) provisions to collect all computer products and CRT’s discarded by consumers in Massachusetts after the effective date of this section, including so-called “orphan wastes” which were produced by manufacturers who left the market before their products were discarded;

(6) a description of additional or alternative actions that will be implemented to improve the collection system and its operation in the event that the program targets are not met.; and

(7) an implementation plan to ensure that the collection system will be fully implemented no later than July 1, 2006 .

The collection system plan may utilize or expand on existing collection and recycling infrastructure where feasible and cost-effective provided that the utilization of any existing infrastructure shall not impose any costs on any city, town, county, or the commonwealth. Any plan submitted which does not utilize existing collection and recycling infrastructure shall describe the reasons for establishing a separate collection system. Where establishing a separate system, manufacturers are required to develop, implement, and maintain the collection system, alone or in conjunction with other entities.

No later than two years following the implementation of the collection system plan required pursuant to this section and biennially thereafter, the manufacturer or entity that submitted the plan on behalf of the manufacturer and is implementing said plan shall be required to submit a report to the department on the effectiveness of the collection system. The report shall include an estimate of the numbers of cathode ray tubes that were collected, the diversion rate for the cathode ray tubes or components, the results of the other performance measures included in the manufacturers collection system plan, and such other information as the department may require. Such reports shall be made available to the public by the department pursuant to the provisions of section 10 of chapter 66 of the General Laws.

Upon a determination by the department that a manufacturer, or a third party organization, is not meeting the performance standards set by the department for the collection and recycling of discarded cathode ray tubes, the department may order said manufacturer or third party organization to take actions the department deems necessary to achieve said performance standards.

The department shall assess a reasonable fee, pursuant to the provisions of section 18 of chapter 21A of the general laws, which shall be payable by the manufacturer or third party organization acting on behalf of one or more manufacturers, which shall cover the full costs incurred by the department for the preparation said regulations, for the review of proposed plans for collection and recycling, and for other compliance costs.

The department is authorized and directed to promulgate regulations to carry out the provisions of this section.

CLERK NUMBER: 777

Representatives Spilka of Ashland , Vallee of Franklin , Linsky of Natick , Balser of

Newton , Khan of Newton , LeDuc of Marlborough Peisch of Wellesley and Blumer of

Framingham move that the bill be amended in section 2, in item 5920-2000 by

inserting in line 7 after “cost of the settlement;” the following: “provided that not less

than $275,000 of additional funding be provided to Advocates, Inc. for residential

services provided under contract #26604660343”;

and in said item by striking out the figures “$476,614,523” and inserting in place thereof

the figures “$476,889,523”;

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

the figures “$3,022,608”

CLERK NUMBER: 778

Sponsors [Representatives Spilka Of Ashland, Parente of Milford and LeDuc of Marlborough] move that the bill be amended in section 2, in item 4800-0038, by adding at the end thereof the following:

“provided further that not less than $35,000 be expended by the Framingham office of the Department of Social Services for the Metrowest Campership program operated by the Ashland youth advisory board in partnership with said department”.

CLERK NUMBER: 779

Sponsors [Representatives Spilka Of Ashland, Linsky of Natick, Peisch of Wellesley and Blumer of Framingham] move that the bill be amended in section 2, in item 0330-0410, by adding at the end thereof the following:

“provided further that not less than $50,000 shall be expended for the Framingham Court Mediation Services”.

CLERK NUMBER: 780

Sponsors [Representatives Spilka Of Ashland, Di Masi of Boston, St.Fleur of Boston, Koutoujian of Newton, Timilty of Fall River, Verga of Gloucester, Goguen of Fitchburg, Haddad of Somerset, Lantigua of Lawrence, Grant of Beverly, Jehlen of Somerville, Leary of Worcester, L'Italian of Andover, Spiliotis of Peabody and Atkins of Concord] move that the bill be amended in section 2, in item 7003-0702, by striking out the figures “$150,000” and inserting in place thereof the figures “$249,000”.

CLERK NUMBER: 781

Representatives Spilka of Ashland , Linsky of Natick , Walsh of Boston , LeDuc of

Marlborough and Blumer of Framingham move

that the bill be amended in section 2, in item 4512-0200, in

line 5, by inserting after “section of Boston ;” the following:

“provided further that not less than $1,200,000 shall be expended to restore the

Framingham/MetroWest detoxification center;”

and by striking out the figures “$36,227,349” and inserting in place thereof the figures

“$37,427,349”

and by striking item 2820-4420

and in item 2820-4421 by striking out the figures “$700,000” and inserting in place

thereof the figures “$600,000”

CLERK NUMBER: 782

Sponsors [Representatives Spilka Of Ashland, Parente of Milford, DeLeo of Winthrop, Linsky of Natick, LeDuc of Marlborough, and Blumer of Framingham] move that the bill be amended in section 2, in item 7112-0100, by striking out the figures “$17,947,908” and inserting in place thereof the figures “$18,314,192”; and in item 2820-4421, by striking out the figures “$700,000” and inserting in place thereof the figures “$333,716”.

CLERK NUMBER: 783

Sponsors [Representative Spilka Of Ashland, Parente of Milford, Linsky of Natick and Blumer of Framingham] move that the bill be amended in section 2, in item 7507-0100, by striking out the figures “11,328,940” and inserting in place thereof the figures “11,427,940”.

CLERK NUMBER: 784

Sponsors [Representatives Spilka Of Ashland, Linksy of Natick and Blumer of Framingham] move that the bill be amended in section 2, in item 4512-0200, in line 5, by inserting after “section of Boston ;” the following:

not less than $50,000 shall be expended for the New Beginnings program;

CLERK NUMBER: 785

Sponsors [Representatives Spilka Of Ashland, Walrath of Stow, Toomey of Cambridge, Coppola of Foxborough, Haddad of Somerset, O'Brien of Kingston, Verga of Gloucester, Teahan of Whitman, Grant of Beverly, Lantigua of Lawrence, Eldridge of Acton, Jehlen of Somerville, Story of Amherst, Spiliotis of Peabody, Demakis of Boston, Atkins of Concord, L'Italian of Andover, Falzone of Saugus and Leary of Worcester ] move that the bill be amended by adding at the end thereof the following section(s):

There shall be a special commission to study issues related to charter school finance and charter school tuition, and to investigate alternative funding formulas and funding sources. The commission shall be chaired by the house and senate chairs of the joint committee on education, arts, and humanities, and shall be composed of two senators appointed by the senate president, two representatives appointed by the speaker of the house, one senator appointed by the senate minority leader, and one representative appointed by the house minority leader. The commission shall study charter school finances and make recommendations for setting an equitable formula that considers the actual cost per student, the variation in cost for different grade levels and different programs, the advisability of establishing a maximum amount for said average cost, and the impact of new charter schools on existing charter schools, other public schools in the district, and new charter schools. In carrying out its investigation, the commission shall take testimony from the public and interested organizations, including but not limited to, the Massachusetts Association of School Committees, the Massachusetts Association of School Superintendents, the Massachusetts Municipal Association, the Massachusetts Teachers Association, the Massachusetts Federation of Teachers, and the Massachusetts Charter School Association. The commission shall file a report with the house and senate clerks, the house and senate committees on ways and means, the speaker of the house, and the president of the senate not later than March 30, 2005 , along with any legislation necessary to carry its recommendations into effect.

CLERK NUMBER: 786

Sponsors [Representatives Spilka Of Ashland, Timilty of Fall River, Koutoujian of Waltham, Verga of Gloucester, Goguen of Fitchburg, Haddad of Somerset, Lantigua of Lawrence, Spiliotis of Peabody, Story of Amherst, O'Brien of Kingston, Jehlen of Somerville, Leary of Worcester, L'Italian of Andover, Eldridge of Acton, Grant of Beverly, Cabral of New Bedford, Falzone of Saugus and Teahan of Whitman] move that the bill be amended by adding at the end thereof the following section(s):

There shall be a special commission to investigate, study and report on fiscal impacts, at the state, municipal and local level of the federal Elementary and Secondary Education Act. Said commission shall consist of the Speaker of the House of Representatives or a designee thereof, the President of the Massachusetts Senate or a designee thereof, the Chair of the House Committee on Ways and Means or a designee thereof, the Chair of the Senate Committee on Ways and Means or a designee thereof, the House and Senate Joint Chairs of The Committee of Education, Arts and Humanities, the House and Senate Chairs of the Joint Committee on Taxation, the Minority Leader of the House or a designee thereof, the Minority Leader of the Senate or a designee thereof, the Secretary of Administration and Finance, and one member appointed by the commissioner or head following organizations; the Department of Revenue, the Massachusetts Taxpayers Foundation, the Department of Education, the Massachusetts Association of School Superintendents, the Massachusetts Municipal Association, the Massachusetts Association of School Committees, MassINC., the Massachusetts Federation of Teachers and the Massachusetts Teachers Association. Said commission shall be chaired by the Joint Chairs of the Committee on Education, Arts and Humanities. The scope of said commission’s inquiry should include but not be limited to: fiscal impacts of federal unfunded mandates on the current public education funding formula, impacts of yearly data collection and reporting, impacts of top down accountability and impacts of testing mandates on the Commonwealth. The commission shall submit its report to the House and Senate Committees on Ways and Means, the Department of Education, the Department of Revenue and the Joint Department of Education, Arts and Humanities no later than June 30, 2005 along with any drafts of proposed legislation.

CLERK NUMBER: 787

Sponsors [Representatives Spilka Of Ashland, Verga of Gloucester, Haddad of Somerset, Gomes of S. Harwich, Lantigua of Lawrence, Spiliotis of Peabody, Story of Amherst, Malia of Boston, O'Brien of Kingston, Atkins of Concord, Jehlen of Somerville, Patrick of Falmouth, L'Italian of Andover, Falzone of Saugus and Teahan of Whitman ] move that the bill be amended by adding at the end thereof the following section(s):

There is hereby established a special commission to report on alternatives to using the property tax to fund public education. Said commission shall consist of the Speaker of the House of Representatives or his designee and 3 additional members to be appointed by the Speaker of the House, the President of the Massachusetts Senate or his designee and 3 additional members to be appointed by the President of the Senate, the Chairman of the House Committee on Ways and Means or his designee, the Chairman of the Senate Committee on Ways and Means or his designee, the House and Senate Chairs of the Joint Committee on Education, Arts, and Humanities, the House and Senate Chairs of the Joint Committee on Taxation, who shall both serve as chairs of said commission, the Secretary of Administration and Finance, and 1 member appointed by the following organizations: the Department of Revenue, the Suburban Coalition, the Massachusetts Taxpayer's Foundation, the Massachusetts Municipal Association, Associated Industries of Massachusetts, and the and the Massachusetts Budget and Policy Center. Said commission shall be chaired by the House and Senate Chairs of the Joint Committee on Taxation. The scope of the commission's inquiry shall include, but shall not be limited to: reviewing the current practice of using the property tax to fund education and seeking alternative sources of funding to provide a dedicated stream of revenue. The Commission shall submit its report to the House and Senate Committee on Ways and Means, the Joint Committee on Education, Arts and Humanities, and the Joint Committee on Taxation not later than March 30, 2005 along with drafts of any legislation.

CLERK NUMBER: 788

Sponsors [Representatives Spilka Of Ashland, Timilty of Fall River, Cabral of New Bedford, Lantigua of Lawrence, Haddad of Somerset, Verga of Gloucester, L'Italian of Andover, Malia of Boston, LeDuc of Marlborough, Story of Amherst, Spiliotis of Peabody, and Atkins of Concord] move that the bill be amended by adding at the end thereof the following section(s):

There is hereby established a special commission to report on the Victim Information and Notification Everyday (VINE) program. Said commission shall consist of the Speaker of the House of Representatives or a designee, the President of the Massachusetts Senate or a designee, the Chair of the House Committee on Ways and Means or a designee, the Chair of the Senate Committee on Ways and Means or a designee, the House and Senate Chairs of the Joint Committee on Public Safety, who shall both serve as chairs of said commission, the House and Senate Chairs of the Judiciary Committee, the House and Senate Chairs of the Criminal Justice Committee, the Secretary of the Executive Office of Public Safety, the Commissioner of the Department of Corrections, the Commissioner of the Department of Public Health and 1 member appointed by the following organizations: the Massachusetts Sheriff’s Association, the Criminal History Systems Board Victim’s Services Unit, the Sex Offender Registry Board, the Office for Victim Assistance, the Attorney General’s office, Jane Doe, Inc. and Voices Against Violence.

The scope of the commission’s inquiry shall include, but shall not be limited to: reviewing the components of the VINE program, reviewing the effectiveness of the VINE program in other states, reviewing the existing laws regarding notification of victims, victims’ rights and prisoner release, and determining the appropriateness of such a program in the Commonwealth. The commission shall submit its report to the House and Senate Committee on Ways and Means and the Joint Committee on Public Safety, no later than March 1, 2005 .

CLERK NUMBER: 789

Representatives Spilka of Ashland, Parente of Milford, Timilty of Fall River, Canavan of Brockton, Gomes of S. Harwich, Atsalis of Hyannis, Eldridge of Acton, Linsky of Natick, Peisch of Wellesley, Lantigua of Lawrence, Kafka of Sharon, L’Italian of Andover, and Atkins of Concord move that the bill be amended in section 2 by inserting after item 7061-0008 the following item:

“7061-0011 For a reserve to (1) meet extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of section three of this act; provided, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to the provisions of section 3 of this act; provided further, that the commissioner shall issue a finding concerning such waiver applications within 30 days of the receipt thereof, after consulting with the commissioner of education regarding the merits of such application; (2) meet expenses associated with extraordinary increases in enrollment calculated on a percentage basis for such municipalities; provided, that preference shall be given to districts with enrollment growth of greater than 10% from fiscal year 2000 through fiscal year 2005; (3) address the effects of reductions in per pupil chapter 70 aid between fiscal year 2003 and fiscal year 2005; provided, that preference in the awarding of such funds shall be given to districts which receive less than 20% of their foundation budgets as chapter 70 aid, and which received reductions in chapter 70 aid of greater than 10% between fiscal year 2003 and fiscal year 2004; provided further, that notwithstanding the provisions of any general or special law to the contrary, assistance funded by this item shall only be available on a one time non-recurring basis; and provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the minimum required local contribution for fiscal year 2006…………….$5,000,000”

and in item 1201-0010, by striking out the figures “$107,470,805” and inserting in place thereof the figures “$102,470,805”

CLERK NUMBER: 790

Sponsors [Representatives Spilka Of Ashland, Koutoujian of Waltham, LeDuc of Marlborough, Linsky of Natick and Blumer of Framingham] move that the bill be amended in section 2, in item 7003-0702, by adding at the end thereof the following:

“provided further that not less than $75,000 shall be expended to support the Technology Initiative of the Metro South/West Regional Employment Board for the development of the Technology Centers of Excellence serving the region's youth and businesses, and said grant shall require a 200 percent match from the private sector”.

CLERK NUMBER: 791

Mr. Honan of Boston, Mr. Fennell of Lynn, Mr. Sullivan of Fall River and Mr. Eldridge of Acton move that the bill be amended in section 2, in item 7004-9030, by striking out the figures “2,300,000” and inserting in place thereof the figures “3,000,000”; and in item 1100-1100, by striking out the figures “3,297,608” and inserting in place thereof the figures “2,597,608”.

CLERK NUMBER: 792

Mr. Swan And Ms. Rivera Of Springfield move that the bill be amended in section 2, in item 4512-0103, by adding at the end thereof the following:

“provided further that not less than $300,000 shall be expended in a program by the Springfield Public Health Department”.

CLERK NUMBER: 793

Mrs. Paulsen of Belmont, Mr. Marzilli of Arlington, Mr. Demakis of Boston, Ms. Khan of Newton, Ms. Gobi of Spencer and Mr. Falzone of Saugus 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 “106,470,805”; and in item 2820-0100, by striking out the figures “19,986,715” and inserting in place thereof the figures “20,986,715”.

CLERK NUMBER: 794

Mr. Pignatelli Of Lenox and Mr. Bosley of North Adams move that the bill be amended in section 2, in item 7007-0950, in line 12, by inserting after “Project” the following:

provided, that not less than $35,000 shall be allocated to the office of cultural development in the city of Pittsfield for the development of a cultural plan; provided further, that said city shall provide 100 per cent matching funds for said plan;

CLERK NUMBER: 795

Martin Walsh of Boston move that the bill be amended in section 2, in item 4800-0038, in line 10 by inserting after “firesetter programs” the following:

“provided further, that not less than $298,000 shall be expended for alternative schools for students aged 14 to 16, inclusive, who are placed before the court on child in need of services petitions in region 6.”

And further amended by striking the figure “$258,516,384” and inserting in place thereof the figure “$258,814,384”.

And further amended in Section 2, line item 1100-1100 by striking the figure “$3,297,608” and inserting in place thereof the figure “$2,999,608”.

CLERK NUMBER: 796

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

SECTION _____. Section 4D of chapter 262 of the General Laws, as amended by section 502 of chapter 26 of the acts of 2003, is hereby further amended by inserting at the end thereof the following paragraph:-

”The anniversary fee shall not be assessed against the following plaintiffs: (1) plaintiffs who are actively serving in the military or who are represented by an attorney who is actively serving in the military; (2) the commonwealth or any political subdivision thereof; (3) plaintiffs who have filed litigation against one or more presumed bankrupt defendants evidenced by the defendant's filing a suggestion of bankruptcy; provided however, such defendant shall not be deemed bankrupt for the purposes of this section if the automatic stay under the federal bankruptcy code has been lifted; (4) plaintiffs filing claims under chapter 209A; (5) plaintiffs filing claims pursuant to section 21 of chapter 218; (6) plaintiffs filing claims pursuant to section 14 of chapter 224, unless such claim has reached a final disposition while other counts remain in active litigation; (7) plaintiffs filing claims pursuant to section 2 of chapter 239; and (8) plaintiffs for whom other filing fees have been waived by the court due to indigency. For purposes of assessing the litigation anniversary fee, the filing date for all cases pending on or prior to October 1, 2003 shall be deemed to be October 1, 2003 .”

CLERK NUMBER: 797

Mr. Walsh of Boston, Mr. O’Flaherty of Chelsea, Ms. Spilka of Ashland, Ms. Blumer of Framingham, Mr. LeDuc of Marlborough, Mr. Golden of Lowell, Mr. Nangle of Lowell, Mr. Linsky of Natick, Mr. Verga of Gloucester, Mr. Walsh of Lynn, Ms. Pope of Wayland, Ms. L’Italien of Andover, Mr. Donelan of Orange, Mr. Finegold of Andover, Ms. Spiliotis of Peabody, Ms. Grant of Beverly, and Mr. Torrisi of North Andover 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 the grants shall require at least a 200 per cent 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 businesses to ensure that students serve productively on the job.

and further amend by inserting the figure “$5,000,000”.

and further amended in Section 2, line item 1201-0100 by striking the figure

“$107,470,805” and inserting in place thereof the figure “$102,470,805”.

CLERK NUMBER: 798

Mr. Walsh of Boston , Mr. Toomey of Cambridge , Mr. LeDuc of Marlborough and Mr. Cabral of New Bedford move that the bill be amended in section 2, in item 4130-3050, in line 9, by inserting after “item” the following:

“provided further that not less than $2,000,000 shall be expended for the trial court child care program.”

And further amended by striking the figure “$278,936,661” and inserting in place thereof the figure “$280,936,661”.

And further amended in Section 2, line item 1201-0100 by striking the figure “$107,470,805” and inserting in place thereof the figure “$105,470,805”.

CLERK NUMBER: 799

Mr. Walsh Of Boston move that the bill be amended in section 105, in line 20, by adding after the words “and (f) It shall issue public reports annually to the department of correction and the joint committee on public safety” the following: “(g) it shall report annually on the staffing of Unit 4 positions, so-called, in each state correctional institution. Such report shall include, but not be limited to, the following: The number of Unit 4 positions broken down by correctional institution, and the number of Unit 4 positions vacant; the number of Unit 4 positions lost to retirement, discharge or resignation and the number that have been replaced; a breakdown by correctional facility of the staff hours of overtime worked by Unit 4 personnel and the annual aggregate costs related to this overtime; the number of reported assaults upon Unit 4 personnel; the number of Unit 4 personnel out on industrial accident leave, and for each individual, the length of time on leave. At any time the number of Unit 4 positions vacant, excluding those attributable to industrial accident leave, exceeds fifty (50), it shall require the commissioner of the department of correction to fill those vacant positions within sixty days.”.

CLERK NUMBER: 800

Mr. Walsh of Boston move that the bill be amended in section 2, in item 2030-1000, by striking out the figures “9,208,588” and inserting in place thereof the figures “9,708,588”; and in item 1100-1100, by striking out the figures “3,297,608” and inserting in place thereof the figures “2,797,608”.