CLERK NUMBER: 801
Mr. Walsh Of Boston, Mr. O'Flaherty of Chelsea, Ms. Haddad of Somerset, Mr. Golden of Lowell, Ms. Reinstein of Revere, Ms. Callahan of Sutton, Mr. Falzone of Saugus, Mr. Carron of Southbridge, Mr. Smizik of Brookline, Mr. Petruccelli of Boston, Mr. Spellane of Worcester, Mr. Leary of Worcester, Mr. Coughlin of Dedham, Mr. Rush of Boston, Mr. Walsh of Lynn and Mr. Eldridge of Acton move that the bill be amended in section 2, in item 1108-5100, in line 5, by inserting after “General Laws” the following: “provided that the commission shall develop a report setting forth plan designs for plans established pursuant to chapter 32A, section 10F and appropriate administrative mechanisms for said plans, with the costs associated with both the benefits provided under said plans and administration, and shall file the report with the house and senate committees on ways and means no later than January 1, 2005. Not more then $100,000 shall be spent towards the development of said report.”; and in said item by striking out the figures “1,984,318” and inserting in place thereof the figures “2,084,318”.
The bill is further amended by adding at the end thereof the following new section(s):
“Section XXX. M.G.L. c. 32A, Section 2b, is amended effective January 1, 2005, by inserting after “United States” in line 2 the following: “and a person who is an employee of a vendor which provides human services and which is under contract with any agency within the executive office of health and human services"
M.G.L. c. 32A, Section 2c, is amended effective January 1, 2005, by inserting after “Massachusetts” in line 1 the following: “or employer of any employee, as defined in Subsection (b)."
M.G.L. Chapter 32A is amended effective January 1, 2005, by inserting, “Section 10F Insurance for employees of human service vendor employers
Section 10F. The commission shall negotiate with and purchase on such terms as it deems to be in the best interest of the commonwealth, the vendor employers covered under this section chapter, and the affected employees and their dependents, from one or more insurance companies or non-profit hospital, medical or other service corporations, a policy or policies of group general or blanket insurance providing hospital, surgical, medical, and other health insurance benefits for said agency employees and their dependents. Such policy or policies shall consist of a schedule of hospital, surgical, medical, dental and other health insurance benefits for agency employees and their dependents which shall be unrelated to the schedule of hospital, surgical, medical, dental and other health insurance benefits purchased by the commonwealth under the provisions of section four, or the schedule of hospital, surgical, medical, dental and other health insurance benefits purchased by counties, cities, towns and districts under the provisions of section three of chapter thirty-two B.
(a) With respect to any period of insurance which is in effect for the vendor employees and their dependents, the full cost of the insurance shall be borne by the vendor employer and the participating employee. The commonwealth will not be responsible for contributing to the cost of this insurance.
(b) The employee’s per cent share of the premium shall be withheld by the appropriate employer from the employee’s salary on a periodic basis, and shall be forwarded by the responsible official at each vendor employer to the commission in accordance with its rules and regulations.
(c) The commission shall determine at least annually, or sooner, the amount of premiums for each health plan which shall be reimbursed to the commonwealth by each contracting agency having employees insured under this section. The commission shall also determine, at least annually, the portion of the commission's expense of administering this hospital, surgical, medical, and other health insurance coverage for the employees of vendor employer for this coverage. After such determinations, the commission shall assess each agency an administrative charge equal to their pro rata share of the cost of administering this program.
(d) Any dividend or refund accepted by the commission from any insurance carrier as a result of the contract negotiated under this section shall be deposited by the commission with the state treasurer as provided in section nine. The commission shall determine the amount of dividend or refund apportionable to the various vendor employers having employees insured hereunder, and shall reduce the administrative expenses in section (c) attributable to each such vendor employer by the amount of refund attributable thereto.
(e) Each employee of a vendor employer to whom this chapter applies shall furnish the commission, in such form as it shall prescribe, such information as is necessary to insure himself or himself and his dependents under the hospital, surgical, medical, and other health insurance herein provided, and shall authorize the withholding of the appropriate premium from his salary by the appropriate vendor employer.
(f) Participation in the health insurance program described in this section is mandatory for vendors which contract to provide human service with the following departments of the Commonwealth: the Commission for the Deaf and Hard of Hearing, the Department of Mental Health , the Department of Mental Retardation, the Department of Social Services, the Department of Transitional Assistance, the Department of Youth Services, the Disabled Persons Protection Commission, the Division of Employment & Training, the Division of Medical Assistance, the Executive Office for Elder Affairs, the Executive Office of Health and Human Services, the Massachusetts Commission for the Blind, the Massachusetts Rehabilitation Commission and the Office of Child Care Services. This section does not apply to individuals or families which contract directly with the Department of Social Services or the Office of Child Care Services to provide foster care or in-home family daycare. This section also does not apply to individuals who enter into contracts with said departments of the Commonwealth as consultants or independent contractors.”
CLERK NUMBER: 802
Mr. Walsh of Boston moves that the bill be amended in section 75, by inserting after the word “residents”, in line 5, the words:
“; provided that a community health center with at least three sites serving the medically underserved areas of Dorchester and South Boston, including at least one public housing project, shall receive $400,000 from said fund”.
CLERK NUMBER: 803
Mr. Walsh of Boston, Mr. O’Flaherty of Chelsea, Ms. Wolf of Cambridge, Mr. Petruccelli of Boston, Mr. Coughlin of Dedham, Mr. Walsh of Lynn and Mr. Rush of Boston move that the bill be amended in section 2 by inserting after item 1599-4122 the following item:
1599-4123.
“For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in the collective bargaining agreement between the between the University of Massachusetts and the Service Employees’ International Union, Local 888, AFL-CIO, Classified Unit; provided, that said payment shall fund the fiscal year 2004 payments associated with salary adjustments and other economic benefits provided for in such collective bargaining agreements; provided that the salary of each employee covered by the terms of the collective bargaining agreement shall be increased by the amount of money which shall cause said employee to be paid, effective on January first, two thousand and four, the salary specified in this contract which would have been in effect as of January first, two thousand and four in accordance with the provisions of the agreement; provided further that the chancellor of the board of education is authorized and directed to expend these funds for such salary adjustments and other economic items in accordance with the provisions herein and the terms of the collective bargaining agreement; provided, further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this section, notwithstanding the provisions of chapter one hundred and fifty E of the General Laws or any other general or special law or collective bargaining agreement to the contrary………………………………………………. 690,000
and further moves to amend the bill in item 7007-0900 by striking out the figure $9,000,000 and inserting in the place there of the figure $8,310,000.”
CLERK NUMBER: 804
1 Mr. Walsh of Boston, Mr. Bosley of North Adams, Rep. Malia of Boston, Mr.
2 Demakis of Boston, Mr. Petruccelli of Boston, Mr. Sanchez of Boston, Ms.
3 Rivera of Springfield, Ms. Grant of Beverly, Mr. Leary of Worcester, Mr.
4 Kelly of Dalton, Mr. Toomey of Cambridge, Ms. Blumer of Framingham, Ms. Wolf of Cambridge, Ms. Spilka of Ashland, Mr. Spellane of Worcester, Mr. Pignatelli of Lenox and Mr. Kafka of Sharon moves that the bill be amended in Section 2 in line item 4512-0103 by adding at the end thereof the words: “provided further, that funds shall be expended to serve women of child - bearing age who are HIV positive or at risk of HIV infection.” and further amended by striking the figure “$30,353,174” and inserting in place thereof the figure “$32,056,975”. and further amended in Section 2, line item 8900-0001 by striking the figure “$428,124,325” and inserting in place thereof the figure “$426,420,524”.
CLERK NUMBER: 805
Mr. Walsh of Boston, Mr. O’Flaherty of Chelsea, Mr. Coughlin of Dedham, Mr. Petruccelli of Boston, Mr. Rush of Boston and Mr. Walsh of Lynn moves to amend the bill in line item 7100-0200 by adding at the end … “not less than $260,000 for a Labor Studies program at Amherst, Boston, Dartmouth, and Lowell.”
And by striking in line item 7100-0200 the figure 331,009,175 and inserting the figure 331,269,175 and by striking in line item 0411 – 1000 the figure 5,135,418 and inserting the figure 4,875418.
CLERK NUMBER: 806
Mr. Walsh of Boston moves to amend the bill in
Section 2, line item 4512-0200 by adding at the end thereof the following:
“provided further, that not less than $99,925 be expended for Latinas y Ninos to provide children’s services and a parent educator for Latino women in recovery with a focus on pregnant women, new parents and mothers recently reunified with children” and in said item by striking out the figures “$36,227,349” in inserting in place thereof the figures “$36,127,424”.
CLERK NUMBER: 807
Mr. Walsh of Boston moves that Section 12 of Chapter 118E is hereby amend
ed by inserting at the end thereof the following: Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division shall not require prior authorization or impose any other restriction on medications used to treat mental illnesses including but not limited to, schizophrenia, depression, bipolar disorder, and anxiety disorder, or attention deficit disorder/attention deficit hyperactivity disorder. The division shall make available medications for persons with mental illnesses including atypical antipsychotic medications, conventional antipsychotic medications, and other medications used for the treatment of mental illnesses without restriction or without preference for one medication over another or one class of medications over another.
CLERK NUMBER: 808
Martin Walsh of Boston move that the bill be amended in section 2, in item 4130-0005, by striking out the figures “$6,655,858” and inserting in place thereof the figures “$7,137,446”; and in item 4130-3600, by striking out the figures “$49,344,206” and inserting in place thereof the figures “$48,862,618”.
CLERK NUMBER: 809
Mr. Walsh of Boston and Ms. St. Fleur of Boston move that the bill be amended in section 2, in item 0810-0000, in line 5, by inserting after “Laws” the following:
“provided further, that not more than $250,000 shall be expended for the funds appropriated in this item for a safe neighborhood initiative pilot program in the Bowdoin / Geneva area of Dorchester.”
And further amended by striking the figure “$20,851,774” and inserting in place thereof the figure “$ 21,101,774”.
And further amended in Section 2, line item 1100-1100 by striking the figure “$3,297,608” and inserting in place thereof the figure “$3,047,608”.
CLERK NUMBER: 810
Mr. Walsh of Boston, Mr. O’Flaherty of Chelsea, Mr. Toomey of Cambridge, Mr. Verga of Gloucester, Ms. Gifford of Wareham, Mr. Hill of Ipswich, Mr. Leary of Worcester, Mr. Wallace of Boston, Mr. Perry of Sandwich, Mr. Hillman of Sturbridge, Ms. Reinstein of Revere, Mr. Petruccelli of Boston, Mr. Hynes of Marshfield, Mr. Atsalis of Barnstable, Mr. Smizik of Brookline, Ms. Story of Amherst, Mr. Binienda of Worcester, Mr. Eldridge of Acton, Mr. Fallon of Malden, Mr. Golden of Lowell, Mr. Donato of Medford, Mr. Koutoujian of Waltham, Mr. Humason of Westfield, Mr. Festa of Melrose, Mr. Rush of Boston, Ms. Spiliotis of Peabody, Mr. Timilty of Milton, Ms. Teahan of Whitman, Mr. Lantigua of Lawrence, Mr. O’Brien of Kingston and Mr. Fennell of Lynn move that the bill be amended in section 2, in item 8100-0000 by striking out the figures “$195,246,749” and inserting in place thereof the figures “$197,946,749”
and in item 1201-0100 by striking out the figures “$107,470,805” and inserting in place thereof the figures “$104,770,805”.
CLERK NUMBER: 811
Mr. Walsh of Boston moves that the bill be amended by adding at the end thereof the following section:
“SECTION_______. Notwithstanding any general or special law to the contrary, there is hereby established a study commission to review the troop strength of the Massachusetts state police, referred to hereafter as the commission. Said commission shall consist of the chair of the house committee on homeland security and federal affairs; the house and senate chairs of the joint committee on public safety; the house and senate chairs of the joint committee on criminal justice; the minority leader of the house or his designee; the minority leader of the senate or his designee; the secretary of public safety; the superintendent of the state police; the chief human resources officer of the human resources division of the commonwealth or her designee, and a representative of the State Police Association of Massachusetts. Said commission shall investigate the staffing needs of the Massachusetts state police, identify the impact of the current deficiencies in troop strength on the homeland security, law enforcement and general public safety responsibilities of the Massachusetts state police, and issue recommendations to address the problem of reductions in staffing levels at said agency. Said commission shall distribute its recommendations to the house ways and means committee and senate ways and means committee by December 1, 2004.”
CLERK NUMBER: 812
Mr. Walsh of Boston moves that the bill be amended by adding at the end thereof the
Following section:
“SECTION ______. Notwithstanding the provisions of any general or special law to the
contrary any funds remaining with the City of Boston in account #201-13196N-1997 of
deeds excise tax revenue, under Chapter 64D-12 of the General Laws (deeds excise
monies) shall immediately be transferred to line item 0540-2001 (Suffolk County –
deeds excise fund) and provided further that said funds shall be expended no later
than June 30, 2005.
CLERK NUMBER: 813
move that the bill be amended in section 2, in item 9110-1660, in line 1, by inserting after “elderly” the following: “provided further, that not less than $50,000 shall be expended for the congregate housing services at the Tuttle House facility in Dorchester”; and in said item by striking out the figures “$1,309,680” and inserting in place thereof the figures “$1,259,680”.
CLERK NUMBER: 814
Mr. Walsh of Boston moves that the bill be amended by adding at the end thereof the following section:
"SECTION . The second paragraph of section 18 of chapter 773 of the acts of 1960, as most recently amended by section 52 of chapter 140 of the acts of 2003, is hereby further amended by striking the second and third sentences in their entirety.
CLERK NUMBER: 815
Mr. Walsh of Boston moves that the bill be amended in section 2, in item 0810-0045, by striking out the figures “2,853,257” and inserting in place thereof the figures “3,043,422”; and that the bill be amended in section 2, in item 1100-1100, by striking out the figures “3,297,608” and inserting in place thereof the figures “3,107,443”.
CLERK NUMBER: 816
Representatives Linsky Of Natick, Spilka of Ashland, Pignatelli of Lee, Hillman of Sturbridge, Peisch of Wellesley, Blumer of Framingham move that the bill be amended by adding at the end thereof the following section(s):
SECTION _. Chapter 81A of the General Laws is herby amended by inserting after section 4 the following new section:-
Section _. The Turnpike shall not allow the construction of any sign advertising any gasoline station, restaurant or other services to be erected or maintained on the Massachusetts Turnpike that is larger than 80 square feet in area, excluding support, or is higher than 30 feet from the ground, measured from the highest part of the sign. Signs in existence on the effective date of this statute advertising any gasoline station, restaurant or other services erected or maintained on the Massachusetts Turnpike which are more than 80 square feet in area, excluding supports, or higher than 30 feet from the ground measured from the highest point of the sign, shall not be illuminated by any artificial means before 6:00 A.M. or after 10:00 P.M.
CLERK NUMBER: 817
Representative LeDuc of Marlborough moves that the bill be amended in section 2, in item 4403-2120, in line 56, by inserting after “from this item” the following:
“Provided further, that the department shall promulgate regulations implementing the preceding proviso within 90 days of the passage of this legislation.”
CLERK NUMBER: 818
Representatives Linsky of Natick, Blumer of Framingham, Peisch of Wellesley move that the bill be amended in section 2, in item 7061-9400, in line 12, by inserting after “English shall be administered in English” the following: “provided that not less than $90,000 be expended for a pilot program administered by the Dover -Sherborn Public School District, Natick Public School District and the Joseph W. Keefe Regional Technical School District in a partnership to design, develop and implement a Data-Driven Decision-Making System that will address the goals of improving student outcomes, increasing teacher effectiveness, administrative efficiency, improving situational awareness and increased parental involvement”; and in said item by striking out the figures “$18,679,946” and inserting in place thereof the figures “$18,769,946”.
CLERK NUMBER: 819
Representatives Linsky of Natick, Festa of Melrose, Peisch of Wellesley, L’Italien of Andover, Atkins of Concord, Carron of Southbridge, Donelan of Orange, Demakis of Boston, Golden of Lowell, Kaufman of Lexington, Smizik of Brookline, Hynes of Marshfield, Nyman of Hanover, Blumer of Framingham, O’Brien of Kingston, Paulsen of Belmont, Jehlen of Somerville, Spilka of Ashland, Kaufman of Lexington, Pignatelli of Lee, Hillman of Sturbridge, Verga of Gloucester, Fallon of Malden, Costello of Newburyport, Patrick of Falmouth, Speliotis of Peabody, Sullivan of Fall River, Donovan of Woburn, Gobi of Spencer, Marzilli of Arlington, Koutoujian of Waltham, Cabral of New Bedford, Lantigua of Lawrence, Frost of Auburn and Parente of Milford move that the bill be amended by adding at the end thereof the following section(s):
SECTION _. Section 7 of Chapter 26 of the Acts of 2003 is hereby repealed.
SECTION _. Section 8 of Chapter 26 of the Acts of 2003 is hereby repealed.
CLERK NUMBER: 820
Representatives Linsky of Natick, Atkins of Concord, Peisch of Wellesley, L’Italien of Andover, Eldridge of Acton, Festa of Melrose, Spilka of Ashland, Petersen of Marblehead, Kennedy of Brockton, Blumer of Framingham, Kaufman of Lexington move that the bill be amended by adding at the end thereof the following section(s):
Section _________
Section 3 of Chapter 62 of the General Laws is hereby amended to add the following new subsection:
B.(a) (14). In addition to any other deduction from Part B income so-called, a taxpayer may deduct any fee paid to a municipality or public school district for the purpose of transportation for a student to or from a public school, participation by a student in an athletic, academic, enrichment or student activity program at a public school, or fee paid for the purpose of trash pickup or disposal, either paid directly to the municipality or for participation in a “pay as you throw” trash pickup program, so-called. The Commissioner of Revenue is authorized to promulgate regulations under this sub-section.
CLERK NUMBER: 821
Mr. Fagan of Taunton moves that the bill be amended in section 2, in item 4800-0038, by striking out the figures “258,516,384” and inserting in place thereof the figures “261,519,974”; and in item 7503-0100, by striking out the figures “12,301,358” and inserting in place thereof the figures “3,003,590”.
CLERK NUMBER: 822
Mr. Hall of Westford, Atkins of Concord, Golden of Lowell, and Greene of Billerica move that the bill be amended by adding at the end thereof the following section:-
The governor of the Commonwealth will direct the department of highways to construct sound barriers in the towns of Billerica and Lexington as follows: in the town of Billerica on the northerly side of Route 3 from a point 500 yards south of the Eliot Street bridge and extending 700 yards north of the Eliot Street bridge on the northerly side of Route 3; provided, further, that said barriers in the town of Lexington shall be constructed from the off-ramp from Route 3 accessing Route 128 south and extending to the Grove Street Bridge; provided, further, that funds shall be expended for the construction of sound barriers in the town of Chelmsford as follows: designated Area Number 21, Waterford Place in Chelmsford, designated Area 1, Ledgewood/Lido Land in Bedford, as defined by HMMH Report Number 298280 as prepared for said document, from prior appropriated funds.
CLERK NUMBER: 823
Mr. Hall of Westford moves to amend House 4600 in Section 2 in Line Item 7100-0200 by inserting after the word “university” in line 4 the words “not including the procurement of design and construction services.”
CLERK NUMBER: 824
Mr. Hall of Westford moves to amend House Bill 4600 in Section 2 in line item 1100 1100 by inserting at the end thereof the following:
provided that, notwithstanding any general or special law or regulation to the contrary, the Secretary of Administration and Finance shall not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage for all state agencies within the jurisdiction of the governor in order to achieve cost savings, including, but not limited to those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. Said secretary shall report not later than March 31, 2005 with a plan to improve public records storage and office space efficiencies to the joint committee on State Administration and to the House and Senate Committees on Ways and Means.
CLERK NUMBER: 825
Mr. Hall of Westford moves to amend House Bill 4600 in Section 2 in line item 0330 0300 by inserting at the end thereof the following:
provided that, notwithstanding any general or special law or regulation to the contrary. the Chief Justice of Administration and Management of the Trial Court shall not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage for all state agencies within the jurisdiction of the trial court in order to achieve cost savings, including; but not limited to those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. Said Chief Justice shall report not later than March 31, 2005 with a plan to improve public records storage and office space efficiencies to the joint committee on State Administration and to the House and Senate Committees on Ways and Means.
CLERK NUMBER: 826
Mr. Hall of Westford moves to amend House Bill 4600 by adding at the end thereof the following new section:
SECTION______. Notwithstanding any general or special law or regulation to the contrary, the Secretary of Administration and Finance and the Chief Justice of Administration and Management of the Trial Court shall not later than October 31, 2004 issue a request for purchase through the competitive bidding process for the provision of public records storage for all state agencies within the jurisdiction of the governor and the trial court, respectively, in order to achieve cost savings, including, but not limited to those associated with greater efficiencies in the use and payment of records storage, reduction in private office lease costs for administrative personnel, and for more efficient and accessible use of public office space by displacing records with administrative personnel. Said secretary and chief justice shall individually report not later than March 31, 2005 with a plan to improve public records storage and office space efficiencies to the joint committee on State Administration and to the House and Senate Committees on Ways and Means.
CLERK NUMBER: 827
Ms. Wolf of Cambridge moves that the bill be amended in section 2, in item 7066-0015, in line 2, by inserting after “General Laws” the following: “;provided further that not more than $2,000,000 be included for the development and funding for early education and care programs and course offerings at community colleges developed through collaboration of the colleges, community groups, and local and state agencies to form the foundation of an early education and care career ladder”; and in said item by striking out the figures “$2,900,000” and inserting in place thereof the figures “4,900,000”; provided further that the bill be amended in section 2, in item 1201-0100, by striking out the figures “107,470,805” and inserting in place thereof the figures “105,470,805”.
CLERK NUMBER: 828
Ms. Khan Of Newton, Mr. Linsky of Natick, Ms. Blumer of Framingham, Ms. Fox of Boston, Mr. Falzone of Saugus, Ms. L'Italien of Andover, Ms. Gobi of Spencer and Mrs. Paulsen of Belmont 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 “101,570,805”; and in item 4580-1000, by striking out the figures “19,152,068” and inserting in place thereof the figures “25,052,068”.
CLERK NUMBER: 829
Mr. Pedone of Worcester, Mr. Knuuttila of Gardner, Ms. Teahan of Whitman, Mr. Goguen of Fitchburg, Ms. Rivera of Springfield, Ms. Simmons of Leominster, Mr. Koutoujian of Waltham, Mr. Binienda of Worcester, Mr. Hillman of Sturbridge, Mr. Spellane of Worcester, Mr. Evangelidis of Holden, Mr. Cabral of New Bedford, Mr. Carron of Southbridge, Mr. LeDuc of Marlborough, Mr. Leary of Worcester and Ms. Polito of Shrewsbury move that the bill be amended by inserting the following in a new section at the end:
“(a) Notwithstanding any special or general law to the contrary, the Executive Office of Health and Human Services shall develop and issue a Request for Proposals no later than December 31, 2004, to outsource the delivery of the MassHealth Dental Program benefits to a third party administrator by March 31, 2005. The third party administrator shall be an experienced dental benefits administrator capable of maintaining an adequate dental provider panel to provide access for MassHealth clients in a cost-effective manner.
(b) The Executive Office shall utilize the information it collected following its issuance in June 2002 of a detailed Request for Information to assist in the development of a Request for Proposals to seek a third party administrator for the MassHealth Dental Program. The Executive Office shall design the third party administered MassHealth Dental Program with features consistent with a private dental benefits plan.
(c) Prior to awarding any contract for the services of a third party administrator for the MassHealth Dental Program, the Executive Office shall file a report to the Senate and House committees on ways and means regarding the anticipated costs and benefits of contracting with such administrator.
(d) The Executive Office shall designate a position as the MassHealth Dental Program manager, with clinical dental experience, to act as liaison with the third party administrator.
(e) The Executive Office shall be responsible for developing a method for monitoring the third party administrator’s progress and compliance in meeting recognized standards for access to MassHealth members.
(f) One year following the contracting with a third party administrator, the Executive Office shall file a report to the Senate and House clerks and with the Joint Committee on Healthcare regarding the number of MassHealth dental recipients and number and types of services arranged through such administrator, as compared to the prior one-year period when the MassHealth Dental Program was administered by the Executive Office.”
CLERK NUMBER: 830
Mr. Coughlin of Dedham, Mr. Walsh of Boston, Mr. Hill of Ipswich, Mr. Wallace of Boston, Mr. deMacedo of Plymouth, Ms. Peisch of Wellesley, Mr. Goguen of Fitchburg, Mr. Finegold of Andover, Mr. Humason of Westfield, Mr. Bosley of North Adams, Mr. LeDuc of Marlborough, Mr. Pignatelli of Lenox and Mr. Kelly of Dalton move that the bill be amended in section 2, in item 6006-0003, by striking out the figures “$250,000” and inserting in place thereof the figures “$500,000”; and by striking out line item 6006-1000.
CLERK NUMBER: 831
Mr. Coughlin Of Dedham And Mr. Walsh Of Boston move that the bill be amended in section 2, in item 4000-0300, by adding at the end thereof the following:
“; provided further, that in order to enhance care for individuals, families and communities in need of substance abuse prevention, treatment and supportive services, to develop an overarching policy for substance abuse prevention and treatment services, and to assure best value to the citizens of the Commonwealth, the Secretary shall submit a report to the joint committee on health care, the joint committee on human services, the joint committee on insurance and the house and senate committees on ways and means no later than February 1, 2005 on the state of alcohol and other drug addiction prevention and treatment services in the commonwealth; provided further, that the report shall include, but not be limited to, identification of all alcoholism and other drug addiction prevention and treatment services currently available across all state agencies and departments, including services for incarcertated individuals and individuals released from prisons and jails, the availability and accessibility of services at the time services are needed, the status of a continuum of care needed to establish a seamless transition for recovery and to prevent behavior leading to addiction, the need for the availability and coordination of services for people with mental health and addiction disorders, the availability of services for culturally competent and culturally specific populations, the reimbursement of substance abuse recovery and treatment services so as to reflect the reasonable cost of delivering care to individuals in the most appropriate, least restrictive settings, and the viability of third party insurance payors that will insure that services paid for by state and federal funds remain the payor of last resort for the uninsured; provided further, the Secretary shall solicit input from the public, including from individuals in recovery, families in recovery, organizations representing individuals in recovery, prevention and treatment service providers, and provider organizations; provided further, the report shall include the results of its investigation and study, together with a list of its findings and a list of prioritized legislative and/or regulatory recommendations, if any, to effect coordinated statewide policy and administrative structure for substance abuse prevention and treatment services”.
CLERK NUMBER: 832
Mr. Greene of Billerica moves that the bill be amended in section 2, in item 4512-0103, by striking out the figures "$30,353,174" and inserting in place thereof the figures "$30,103,174"; and inserting after item 4513-1112 the following item:
"4513-1113. For a program to raise public awareness and provide health care provider education on colorectal cancer, including dissemination of materials on preventing and screening said disease and cancer registry reporting, provided that no expenditures shall be made from this item for the cost of personnel $250,000.”
CLERK NUMBER: 833
Ms. Khan Of Newton, Mr. Linsky of Natick, Mr. Carron of Southbridge, Ms. Fox of Boston, Mr. Falzone of Saugus, Ms. Gobi of Spencer, Ms. Atkins of Concord and Mrs. Paulsen of Belmont move that the bill be amended by adding at the end thereof the following section(s):
Section 1C of Chapter 69 of the General Laws, as appearing in the 2000 Official Edition is hereby amended by inserting, in line 19, after the word “effect.” the following words:--
“The board shall promulgate regulations requiring schools districts to convene a Child Nutrition and Physical Activity Advisory Committee that shall develop and recommend to the superintendent of schools and school committee school district policies on nutrition and physical activity. The committee shall include, but need not be limited to, school committee members, school administrators, food service directors, food service staff, parents of students in the school district, students, physical and health education teachers, dietitians, health care professionals and interested community members. In developing the policy, the committee shall hold at least one public hearing. The policies adopted by said Advisory Committee shall address issues and goals, including, but not limited to all of the following:
(1) Implementing the nutritional standards set forth by the United States Department of Agriculture;
(2) Encouraging fundraisers that promote good health habits and discouraging fundraisers that promote unhealthy foods;
(3) Ensuring that no student is hungry;
(4) Improving nutritional standards;
(5) Increasing the availability of fresh fruits and vegetables, including provisions that encourage schools to make fruits and vegetables available at all locations where food is sold;
(6) Ensuring, to the extent possible, that the food served is fresh;
(7) Encouraging eligible pupils to participate in the school lunch program;
(8) Integrating nutrition and physical activity into the overall curriculum;
(9) Ensuring regular professional development for food services staff;
(10) Ensuring students a minimum of 30 minutes to eat lunch and 20 minutes to eat breakfast, when provided;
(11) Ensuring students engage in healthful levels of vigorous physical activity;
(12) Ensuring students receive nutrition education;
(13) Improving the quality of physical education curricula and increasing training of physical education teachers;
(14) Enforcing existing physical education requirements;
(15) Altering the economic structures in place to encourage healthy eating by students and reduce dependency on generating profits for the school from the sale of unhealthy foods;
(16) Developing a financing plan to implement its policies;
(17) Increasing the availability of organic fruits and vegetables and school gardens;
(18) Collaborating with local farmers’ markets”
(19) Examining the safe routes to schools program and making recommendations in regard thereto
to the executive office on transportation and construction.
CLERK NUMBER: 834
Mr. Honan of Boston moves that the bill be amended by adding at the end thereof the following section(s):
There is hereby established a separate reserve fund entitled “Section 8 Voucher Loss Reserve Fund“, hereinafter known as the Reserve Fund, for the purpose of mitigating the impact of the loss of federal funding to public housing agencies operating within Massachusetts, as defined by federal act 42 U.S.C. 1437a(b)(6), and for activities and assistance under the United States Housing Act of 1937, as amended by federal public law 108-199, for the Section 8 Housing Choice Voucher Program, so called. Provided further, such reserve fund shall be administered by the Massachusetts department of housing and community development, hereinafter the department, in accordance with the following provisions:
a public housing agency shall certify to the department that housing assistance payments for the section 8 housing choice voucher program were forfeited due to the United States department of housing and urban development’s interpretation of public law 108-199;
a public housing agency with a fiscal year end of June 30 shall be given priority for payment from such reserve fund;
no such reserve funds shall be disbursed until the effective date of a written implementation notice from the United States Department of Housing and Urban Development regarding Section 8 housing choice voucher program cost provisions under federal Public Law 108-199; and
a public housing agency seeking such funds shall certify to the department that no such other reserve funds are or were available to mitigate the impact of the loss of such federal funds.
Upon receipt of such certification, the department shall provide a public housing agency such funds it deems necessary to mitigate the impact of the loss of such federal funds. The comptroller shall deposit from the General Fund, subject to appropriation, $5,000,000 in the Reserve Fund to establish such fund. Any funds remaining in the Reserve Fund on June 30, 2005 shall be deposited in the General Fund.
CLERK NUMBER: 835
Mr. Nyman of Hanover moves that the bill be amended in section 2, in line item 1150-5104, by striking out the following:
“The Massachusetts commission against discrimination may expend revenues from federal reimbursements received for the purposes of the United States department of housing and urban development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2005 and federal reimbursements received for these and other programs in prior years; provided, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission 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; and provided further, that notwithstanding section 1 or any other general or special law to the contrary, federal reimbursements received in excess of $2,467,982 shall be credited to the General Fund $2,467,982”
and inserting in place thereof the following:
“The Massachusetts commission against discrimination may expend revenues from federal reimbursements received for the purposes of the United States department of housing and urban development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year 2005 and federal reimbursements received for these and other programs in prior years; provided, that the commission may also expend revenues generated through the collection of fees and costs so authorized; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission 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; provided further, that notwithstanding section 1 or any other general or special law to the contrary, revenues received in excess of $2,467,982 shall be credited to the General Fund $2,467,982.”
CLERK NUMBER: 836
Mssrs. Honan and Golden Of Boston, Mr. Koutoujian Of Waltham, Ms. Khan Of Newton move that the bill be amended in section 2, in item 2810-0100, by adding at the end thereof the following:
“provided further, that not more than $50,000 be earmarked for the improvement and reconstruction of the Daly Field located in the Allston-Brighton section of the City of Boston”.
CLERK NUMBER: 837
Ms. Khan Of Newton, Mrs. Paulsen of Belmont, Mr. Petersen of Marblehead, Ms. Reinstein of Revere, Mr. Toomey of Cambridge, Mr. Finegold of Andover, Mr. Kennedy of Brockton, Ms. Fox of Boston, Mr. Cabral of New Bedford, Ms. Blumer of Framingham, Mr. Falzone of Saugus, Ms. L'Italien of Andover, Ms. Atkins of Concord, Ms. Gobi of Spencer, Mr. Turkington of Falmouth, Mr. Carron of Southbridge, Mr. Linsky of Natick and Mr. Walsh of Lynn 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 “106,945,805”; and in item 4530-9000, by striking out the figures “450,000” and inserting in place thereof the figures “975,000”.
CLERK NUMBER: 838
Representative Cabral of New Bedford, Koczera of New Bedford, Howland of New Bedford move that the bill be amended in section 2, in item 5920-2000, in line 7, by inserting after “settlement” the following:
;"provided further, that not less than $50,000 shall be expended for the Advocacy Resource Center in New Bedford to provide critical family support services in the area of community-based resident education for special needs children;"
CLERK NUMBER: 839
Mr. Cabral of New Bedford, Mr. Walsh of Lynn, Ms. Spilka of Ashland, Ms. Wolf of Cambridge, Mr. Rush of Boston, Ms. Blumer of Framingham, Mr. Smizik of Brookline, Mr. Ciampa of Somerville, Mr. Toomey of Cambridge, Ms. Jehlen of Somerville, Ms. Balser of Newton, Mr. Rushing of Boston and Mr. Sanchez of Boston move that the bill be amended in section 2, in item 4000-0320 by striking out the figure “$333,500,000” and inserting in place thereof the figure “$326,000,000;”
And that the bill be further amended by adding the following sections:
“SECTION ____. Section 16D of chapter 118E of the General Laws, as amended by section 322 of chapter 26 of the acts of 2003, is hereby further amended by striking subsection (2) and (3) and inserting in place thereof the following subsections:–
(2) A person who is not a citizen of the United States but who is either a qualified alien within the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or is otherwise permanently residing in the United States under color of law may receive different benefits which shall be not less than the same benefits provided to the eligibility group described in subsection (2)(g) of section 9A of chapter 118E of the General Laws, unless such person: (i) is residing in a nursing facility, as defined by 42 U.S.C. section 1396, as of June 30, 1997; (ii) was receiving services or benefits pursuant to this chapter as of June 30, 1997; (iii) had an application for long-term care services pending on July 1, 1997; or (iv) is eligible for federally reimbursed services or benefits; provided, however, that services or benefits other than emergency services shall not be provided to undocumented aliens unless required by federal law.
(3) Benefits for aliens under this section shall not be provided to persons age 19 through age 64 unless such aliens are disabled; but benefits shall not be terminated for persons described in clauses (i), (ii), (iii) and (iv) of subsection (2).”
CLERK NUMBER: 840
Mr. Cabral of New Bedford and Mr. Koczera of New Bedford moves that the bill be amended in section 2, in item 8900-0001, by striking out the figures “428,124,325” and inserting in place thereof the figures “427,124,325”;
and by adding the following section:
“SECTION . Notwithstanding the provisions of any general or special law to the contrary, the Secretary of Health and Human Services shall make available from the Essential Community Provider Trust Fund, $1,000,000 for a non-teaching community disproportionate share acute care hospital located in southeastern Massachusetts, which provides inpatient care to over 5,000 MassHealth or MassHealth HMO patients each year.
CLERK NUMBER: 841
Messrs. Cabral of New Bedford, Koczera of New Bedford, Howland of Freetown move that the bill be amended in section 2, in item 2810-0200, in line 9, by inserting after “1996” the following:
;"provided further, that $50,000 shall be expended for the Buttonwood Park Zoological Society to establish educational programs, exhibits, and other enhancements;"
CLERK NUMBER: 842
Representative Cabral Of New Bedford move that the bill be amended by adding at the end thereof the following section(s):
SECTION 110. Section 6 of Chapter 90F, as appearing in the 2002 Official Edition, is hereby amended by striking, in lines 19 and 20 the words "non-English speaking" and adding at the end of said section, the following: -
The Registrar shall administer, the tests prescribed under this section in Portuguese and Spanish, if so requested by the applicant, and in any other language he deems necessary, as reasonable accommodation for limited-English speaking applicants for licenses to operate commercial motor vehicles.
CLERK NUMBER: 843
Representative Cabral Of New Bedford move that the bill be amended by adding at the end thereof the following section(s):
Subsection (d) of Section 47 of Chapter 94C of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraphs: ---
The final order of the court shall provide that said monies and the proceeds of any such sale shall be distributed in the following manner: twenty percent shall be distributed to the Massachusetts Drug Treatment and Prevention Fund for the purpose of community based drug prevention and treatment programs; the remaining eighty percent divided equally to the prosecuting district attorney or attorney general and the city, town, state, or metropolitan district police department involved in the seizure, provided, however, if more than one department was substantially involved in the seizure, the court having jurisdiction of the forfeiture proceeds shall equitably distribute said proceeds among these departments.
SECTION 2. Subsection (d) of section 47 of Chapter 94C of the General Laws, as so appearing, is hereby amended by inserting at the end of said section the following sentence: --
Said department may expend up to ten percent of monies and proceeds for drug rehabilitation, drug education, and other anti-drug or neighborhood crime watch programs that further law enforcement purposes.
SECTION 3. The third paragraph in subsection (d) of section 47 of Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following two sentences: --
Within ninety days of the close of the fiscal year in which this bill is enacted and on each January fifteenth thereafter, each district attorney and the attorney general shall file a detailed report with the house and senate committees on ways and means on the
deposit and expenditure of all monies in the trust fund including, but not limited to, the use of such monies for the purpose of protracted investigations, provision of technical equipment, drug rehabilitation, drug education, and other anti-drug or neighborhood crime watch programs. Reports filed with said committees annually on January fifteenth shall detail said deposit and expenditure of all monies for the preceding fiscal year and the current fiscal year through December thirty-first.
SECTION 4. The fourth paragraph in subsection (d) of Section 47 of Chapter 94C of the General Laws, as so appearing, is hereby further amended by adding the following after the end of said paragraph: ---
Within ninety days of the close of the fiscal year in which this bill enacted and on each January fifteenth thereafter, each chief of police of such city or town shall file a detailed report with the division of local services of the department of revenue on the deposit and expenditure of all monies in the special law enforcement trust fund including, but not limited to, the use of such monies for the purpose of protracted investigations, provision of technical equipment, drug education, and other anti-drug or neighborhood crime watch programs or other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deems appropriate. Reports filed with said department annually in January fifteenth shall detail such deposits and expenditures of all monies for the preceding fiscal year and the current fiscal year through December thirty-first.
SECTION 5. Chapter 10 of the General Laws is hereby amended by inserting after 35T, as appearing in the 1998 Official Edition, the following section: --
Section 35U. There shall be established and set up on the books of the commonwealth a separate fund, to be know as the Massachusetts Drug Treatment and Prevention Fund, to be administered and distributed to community-based efforts by the commissioner of public health for the purposes of drug prevention and treatment. Said fund shall consist of all funds received by the commonwealth from the following sources: proceeds under the provisions of paragraph (d) of section forty-seven of chapter 94C; fines paid under the provisions of sections thirty-two to forty, inclusive, of said chapter 94C; and appropriations, gifts, grants, or donations to said fund from public or private sources for the purposes of said fund. The state treasurer shall not deposit said revenues in, or transfer said revenues to, the General Fund or any other fund other than the Massachusetts Drug Treatment and Prevention Trust Fund, subject to appropriation. The state treasurer shall deposit monies in said fund in accordance with the provisions of section 34 and 34A of chapter 29 in such manner as will secure the highest interest rate available consistent with the safety of the fund. Subject to appropriation, said fund shall be expended only for the purposes of community-based prevention and drug treatment efforts at the direction of the commissioner of public health, and any unexpended balances shall be redeposited, as herein provided, for further use consistent with this section..
CLERK NUMBER: 844
Mr. Cabral of New Bedford, Ms. Paulsen of Belmont, Mr. Falzone of Saugus, Ms. Spilka of Ashland, Ms. Rivera of Springfield, Mr. Howland of Freetown, Mr. Demakis of Boston, Ms. Malia of Boston, Mr. Smizik of Brookline, Mr. Toomey of Cambridge, Ms. Jehlen of Somerville, Ms. Khan of Newton, Mr. Petersen of Marblehead, Mr. Sanchez of Boston, Ms. Balser of Newton, Mr. Rushing of Boston, Mr. Rush of Boston, Ms. Fox of Boston, Ms. Blumer of Framingham, Ms. Wolf of Cambridge, and Ms. L’Italien of Andover move that the bill be amended in section 2, in item 4408-1000, by striking out the figures "$63,236,905" and inserting in place thereof the figures "$70,536,905," in section 2, item 8900-0001 by striking out the figures "$428,124,325" and inserting in place thereof the figures "$420,824,325", and by striking out Section 35.
CLERK NUMBER: 845
Mr. Cabral of New Bedford, Ms. Paulsen of Belmont, Ms. Spilka of Ashland, Mr. Falzone of Saugus, Mr. Rivera of Springfield, Mr. Howland of Freetown, Mr. Demakis of Boston, Ms. Malia of Boston, Mr. Smizik of Brookline, Mr. Toomey of Cambridge, Mr. Ciampa of Somerville, Mr. Petersen of Marblehead, Ms. Jehlen of Somerville, Ms. Khan of Newton, Mr. Sanchez of Boston, Ms. Balser of Newton, Mr. Rushing of Boston, Mr. Rush of Boston, Ms. Blumer of Framingham, Ms. Fox of Boston moves that the bill be amended in section 2, in item 4408-1000, in line12, by inserting after “to certain persons caring for a disabled person” the following: “to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission,”; and in said item by striking out the figures “63,236,905” and inserting in place thereof the figures “63,736, 905”; and in item 8900-001 by striking out the figures “428,124,325” and inserting in place thereof the figures “427,624,325”.
CLERK NUMBER: 846
Messrs. Cabral of New Bedford, Koczera of New Bedford, Howland of Freetown move that the bill be amended in section 2, in item 4512-0103, in line 21, by inserting after “applicable” the following:
;"provided further, that not less than $35,000 shall be obligated for the Immigrants Assistance Center in New Bedford for its unique bilingual AIDS education and outreach program"
CLERK NUMBER: 847
Messrs. Cabral of New Bedford, Koczera of New Bedford, Howland of Freetown move that the bill be amended in section 2, in item 7007-0950, in line 9, by inserting after “Inc.” the following:
;" provided further, that not less than $37,813 shall be expended for the New Bedford Art Museum for tourism promotion."
CLERK NUMBER: 848
Mr. Cabral of New Bedford, Mr. Falzone of Saugus, Mr. Rush of Boston, Mr. Rushing of Boston, Ms. L’Italien of Andover and Ms. Fox of Boston move that the bill be amended in section 2, in item 4130-0005, by striking out the figures “6,655,858” and inserting in place thereof the figures “6,891,447", and in item 8900-0001, by striking out the figures "428,124,325" and inserting in place thereof the figures
"427,888,736 ”.
CLERK NUMBER: 849
Sponsors [Rep. Cabral Of (New Bedford)] move that the bill be amended by adding at the end thereof the following section(s):
Amendment Text
CLERK NUMBER: 850
Mr. Cabral of New Bedford, Ms. Grant of Beverly, Mr. Rushing of Boston, Mr. Rush of Boston, Mr. Paulsen of Belmont, Ms. Blumer of Framingham, Ms. Fox of Boston move that the bill be amended by adding at the end thereof the following section:
SECTION 110: Notwithstanding any general or special law to the contrary, their shall be established a special commission to determine the wage disparity between community direct support workers and comparable employees in the commonwealth’s state operated programs for the mentally retarded.
(a) On or before December 31, 2004 the executive office of administration and finance and the department of mental retardation, working with representatives from the Association of Developmental Disabilities Providers, shall report to the Senate Committee on Ways and Means, the House Committee on Ways and Means, the Joint Committee on Human Services and Elderly Affairs, and the Joint Committee on Public Service their determination of:
(i) The monetary calculation of the average difference in wages, compensation, salary, and benefits, including but not limited to health insurance and inclusion in the state retirement system, between community direct service workers and direct support workers or other comparable employees in the commonwealth’s state operated programs for mental retardation. This result of this calculation shall be called the disparity amount.
(ii) The amount of annual increase in the rate of reimbursement to community providers necessary to reduce and eliminate the disparity amount.
(b) On or before December 31, 2004, The Commissioner of the Department of Mental Retardation, working with representatives from the Association of Developmental Disabilities Providers, shall report to the Joint Committee on Human Services and Elderly Affairs recommendations to establish workforce training and development standards to be met by community providers in accordance with increases in reimbursement provided in this section.
