House Budget Amendments

CLERK NUMBER: 851

Mr. Cabral of New Bedford , Ms. Khan of Newton , Mr. Rushing of Boston , Mr. Rush of Boston , Ms. Paulsen of Belmont , and Mr. Walsh of Lynn move that the bill be amended by striking out Section 59 and inserting in place thereof the following section:

SECTION ____. Subsection (j) of section 110 of chapter 5 of the acts of 1995, as most recently amended by section 528 of chapter 26 of the acts of 2003, is hereby further amended by striking out the last sentence and by striking out the first paragraph and inserting in place thereof the following two paragraphs:‑

The department shall administer a program, to be known as the work program, for families that are not exempt under section (e); provided, however, that the family has received assistance from the program of transitional aid to families with dependent children for sixty days. Said program shall require that the head of household in each such family, or both parents in a two-parent family, shall participate in work-related activities for twenty hours each week if the youngest child of record is between the ages of two and the age at which full time schooling is mandatory, for twenty-four hours each week if the youngest child of record is between the age at which full time schooling is mandatory and age nine, and for thirty hours each week if the youngest child of record is nine years of age or older; provided that, said requirement shall not exceed twenty hours for a parent or head of household who is in emergency shelter and complying with housing search requirements. Said requirement may be met by working in a job for which compensation is paid; by working full time in the full employment program established by subsection (l); by participating in community service pursuant to the provisions of subsection (k); or by participating in education or training programs that meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or any successor thereto, including activities required by or necessary for the successful completion of any such education or training program. At the discretion of the commissioner, recipients subject to said work requirement who fail, without good cause, to meet said requirement shall not receive assistance.

Good cause for failure to comply with the work program or the terms of an employment development plan shall exist when the recipient’s noncompliance is due to lack of appropriate and available child care, lack of affordable and reliable transportation, lack of an available and appropriate community service site identified by the department, illness or disability, or other good cause reasons determined by the department. For purposes of this paragraph, a determination as to whether an available child care slot is appropriate shall take into consideration factors that the office for child care services recommends be considered or that a reasonable and responsible parent would consider in deciding whether a child care slot is appropriate, including the time required to travel to and from the provider and the recipient’s home, work or other activities. Before determining that a recipient has failed to comply with the work program or the terms of an employment development plan without good cause, the department shall review all good cause criteria with the recipient to determine if good cause exists.

CLERK NUMBER: 852

Ms. Khan Of Newton, Mrs. Paulsen of Belmont, Mr. Kennedy of Brockton, Mr. Falzone of Saugus, Ms. Fox of Boston, Ms. L'Italien of Andover, Ms. Gobi of Spencer, Ms. Atkins of Concord and Mr. Linsky of Natick move that the bill be amended by adding at the end thereof the following section(s):

Chapter 6A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after section 16D, the following new section:--

Section 16E.

(a) The following terms, as used in this section, shall have the following meanings:--

(i) “Acute care” – healthcare provided in a hospital setting.

(ii) “Community-based care” – healthcare provided in a home, occupational, or ambulatory setting.

(iii) “Long-term institutional care” – geriatric services and healthcare provided in a nursing home setting.

(b) The nursing advisory board, hereinafter referred to as the advisory board, is hereby established within, but not subject to the control of, the executive office of health and human services. Said advisory board shall consist of eight members. The Massachusetts Center for Nursing (MCN) Steering Committee shall solicit and collect nominations for appointment to the advisory board. The MCN Steering Committee shall assess the nominees and submit to the governor the names of qualified candidates for appointment to the advisory board. The MCN Steering Committee shall include candidates who meet the criteria outlined in this section and, in the opinion of the MCN Steering Committee, are best able to fulfill the needs of the advisory board. The governor shall make appointments to the advisory board from the list of candidates submitted by the MCN Steering Committee.

The members of the advisory board shall represent the continuum of healthcare settings and services, including, but not limited to, long-term institutional care, acute care, community-based care, and higher education in nursing. All members shall have a demonstrated background in nursing and health services research. Said advisory board shall elect a chair from among its members and adopt bylaws for its proceedings. Members of said advisory board shall be appointed for staggered terms of three years, except for persons appointed to fill vacancies who shall serve for the unexpired term. No advisory board member shall serve more than two consecutive full terms.

Said advisory board shall advise the governor and the General Court on matters related to the practice of nursing in the Commonwealth, including the shortage of nurses. Said advisory board shall develop a research agenda and commission and fund research projects to fulfill the agenda. Said advisory board shall recommend policy initiatives to the General Court and the governor. Said advisory board shall prepare and disseminate an annual report to the governor, General Court, secretary of health and human services, director of the department of labor and workforce development and the commissioner of the department of public health. The advisory board shall consider the use of current government resources, including, but not limited to the workforce training fund. The advisory board shall apply for federal and private research grants. Such funds shall be deposited with the state treasurer and may be expended by the advisory board in accordance with the conditions of the grants, without specific appropriation. The advisory board may expend for services and other expenses any amounts that the general court may appropriate therefore. Said advisory board shall conduct at least one public hearing during each year. Amendment Text

CLERK NUMBER: 853

Ms Khan of Newton, Ms. Atkins of Concord, Mrs. Paulsen of Belmont, Ms. Blumer of Framingham, Ms. Fox of Boston, Mr. Falzone of Saugus, Ms. L’Italien of Andover and Mr. Eldridge of Acton move that the bill be amended by striking out section 105 and inserting in place thereof the following section:-

Section ____ . Notwithstanding any general or special law to the contrary, there is hereby established a Correction Citizen Review Board, referred to hereafter as the board. Said board shall consist of thirteen members, including one member appointed by each of the following: the Secretary of Public Safety, the Senate President, the Speaker of the House of Representatives, the Chief Justice of the Supreme Judicial Court, the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs’ Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts, the Massachusetts Taxpayers Foundation, the League of Women Voters of Massachusetts and the Massachusetts Council of Churches. The terms of the members appointed to said board by the Secretary of Public Safety, the Senate President, the Speaker of the House of Representatives and the Chief Justice of the Supreme Judicial Court shall be for three years. The terms of the members appointed to said board by the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs’ Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts, and the Massachusetts Taxpayers Foundation shall be for two years and, at the expiration of the first two-year term of the first members appointed by the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs’ Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts and the Massachusetts Taxpayers Foundation, for three years thereafter. The terms of the members appointed to said board by the League of Women Voters of Massachusetts, and the Massachusetts Council of Churches shall be for one year and, at the expiration of the first one-year term of the first members appointed by the League of Women Voters of Massachusetts and the Massachusetts Council of Churches, for three years thereafter. No member of said Board shall be appointed to serve more than two consecutive three-year terms.

Members of the board shall have access to all Massachusetts Correctional Institutions and all inmates therein upon furnishing a photo identification provided by the Executive Office of Public Safety. Between the hours of 7 pm and 7 am , members of said board shall provide 48 hours notice to the Commissioner of the Department of Correction prior to entering a Massachusetts Correctional Institution. Said Commissioner may waive the requirement of 48 hours notice for board member access to a Massachusetts Correctional Facility between the hours of 7 pm and 7 am .

The board shall have the following duties:

(a) It shall study the medical services, including mental health services, and educational, vocational, employment and rehabilitation programs available to prisoners;

(b) It shall review the annual budget of the department of correction and shall make recommendations to the House and Senate Committees on Ways and Means in regard thereto;

(c) It shall report on the general state of correctional facilities within the Commonwealth, their administration of correctional policy and practices, the living conditions of inmates therein, the general state of working conditions for department of correction employees and, where appropriate, the impact of department of correction policies and inmate living conditions upon rates of recidivism and over-classification;

(d) It shall hold at least quarterly meetings;

(e) It shall advise the commissioner of the department of correction on policy development and priorities for department of correction facilities as well as on the department's compliance with legislative and judicial mandates;

(f) It shall issue public reports annually to the department of correction and the joint committee on public safety;

The board shall convene its first meeting not later than September 30, 2004 . The initial co-chairs of the board shall be the member appointed by the Speaker of the House of Representatives and the member appointed by the President of the Senate. Said co-chairs shall convene and facilitate the board’s first meeting at which the board shall elect a new chairperson for a term of one year. The board shall annually elect a chairperson. Said board shall adopt bylaws to govern its own proceedings.

Members of said board shall serve without compensation but each member shall be reimbursed by the commonwealth for actual expenses incurred in the performance of their official duties. A quorum to conduct business shall consist of seven members.

CLERK NUMBER: 854

Representatives LeDuc of Marlborough, O’Brien of Kingston, Pope of Wayland, Wolf of Cambridge, Linsky of Natick, Smizik of Brookline, Donato of Me dford, Blumer of Framingham, L’Italien of Andover, Balser of Newton, Demakis of Boston, Grant of Beverly, Verga of Gloucester, Story of Amherst, Driscoll of Braintree, Stanley of Waltham, Jehlen of Somerville, Haddad of Somerset, Marzilli of Arlington, Paulsen of Belmont, Festa of Me l rose, Leary of Worcester, Creedon of Brockton, Gobi of Spencer, Malia of Boston, Spilka of Ashland, Goguen of Fitchburg, Binienda of Worcester, Walsh of Lynn, Coughlin of Dedham, Parente of Milford, Rushing of Boston, Eldridge of Acton, Travis of Rehoboth, Teahan of Whitman, Peterson of Marblehead and Fox of Boston move that the bill be amended by adding at the end thereof the following section(s):

"SECTION____. Notwithstanding any General Law to the contrary, the Board of Education shall not grant a commonwealth charter to any applicant for a period of three years, retroactive to January 1, 2004 . Further, the Board of Education shall not authorize additional enrollment beyond the enrollment specified in the charter of any previously approved commonwealth charter school for a period of three years, retroactive to January 1, 2004 .

SECTION . The legislature shall establish a 15 member special commission to study the commonwealth charter school funding formula and funding sources and to investigate alternative funding formulas and funding sources. The commission shall also evaluate the budgetary impact on local school districts and the feasibility of designating commonwealth charter school tuition as a separate line item in the state budget. The commission may also review the academic performance of commonwealth charter schools, the demographics of charter school enrollment, and the adequacy of the Department of Education’s oversight of commonwealth charter schools.

Said commission shall consist of six legislators including the House and Senate chairs of the Joint Committee on Education, Arts and Humanities, and two members appointed by the President of the Senate and two members appointed by the Speaker ff the House, including one member in each chamber by a minority party; two members appointed by the governor and one representative each from 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, the Massachusetts Charter School Association, and Citizens United for Charter Schools.

The special commission shall submit its report and recommendation, if any, to the legislature by December 31, 2006 .

CLERK NUMBER: 855

Mr. Greene Of Billerica, Mr. Kocot of Northampton, Mr. Hynes of Marshfield Mr. Eldridge of Acton, Ms. Gobi of Spencer, Mr. Linsky of Natick, Mr. Donato of Medford, Mr. Patrick of Falmouth, , Ms. Gomes of Harwich, Mr. Howland of Freetown, Mr. Marzilli of Arlington, Ms. Teahan of Whitman, Mr. Coughlin of Dedham, Ms. L’Italien of Andover, Mr. Petersen of Marblehead move that the bill be amended by adding at the oend thereof the following section(s):

Notwithstanding the provisions of chapter 7 of the General Laws or any other general or special law or regulation to the contrary, the division of capital asset management is hereby authorized on behalf of the department of environmental protection to renegotiate said department's facilities leases at One Winter Street, Boston and 627 Main Street, Worcester to obtain a reduced lease rate for those facilities for the remaining period of the existing leases, and to extend such leases for a period of up to 3 years beyond the 10 year limitation stipulated in said chapter 7.

CLERK NUMBER: 856

Mr. Greene of Billerica and Mr. Peterson of Grafton move that the bill be amended in section 2 by inserting after item 2260-8881 the following item:

“2300-0100. For the office of the commissioner; provided further, that the commissioners office shall assess and receive payments from the division of marine fisheries, the division of fisheries and wildlife, the public access board, the riverways programs, and all other programs under the control of the department of fish and game, provided further that the purpose of said assessments shall be to cover appropriate administrative costs of the department, including but not limited to payroll, personnel, legal and budgetary costs; and provided further, that said amount and contribution from each division or program shall be determined by the commissioner of fish and game……. $150,000. And further move that the bill be amended in section 2, in item 2000-0106, by striking out the figures “$3,578,258” and inserting in place thereof the figures “$3,428,258”. And further move that the bill be amended in section 2, in item 2310-0200, in line 2, by striking out the following: “for the office of the commissioner”.

CLERK NUMBER: 857

Mr. Greene of Billerica moves that the bill be amended in section 2, in item 2000-9900, by striking out the figures “$254,468” and inserting in place thereof the figures “$278,791”.

CLERK NUMBER: 858

Mr. Greene of Billerica, Mr. Hynes of Marshfield, Mr. Kocot of Northampton, Mr. Eldridge of Acton, Mr. Turkington of Falmouth, Mr. Linsky of Natick, Mr. Smizik of Brookline, Ms. Gobi of Spencer, Mr. Pignatelli of Lenox, Mr. Donato of Medford, Mr. Patrick of Falmouth, Mr. Howland of Freetown, Mr. Marzilli of Arlington, Ms. Teahan of Whitman, Mr. Vallee of Franklin, Mr. Petersen of Marblehead, Mr. O’Brien of Kingston, Ms. Paulsen of Belmont move that the bill be amended by adding at the end thereof the following section(s):

Notwithstanding the provisions of any general or special law to the contrary, amounts expended from the Natural Heritage and Endangered Species Fund, established by section 35D of chapter 10 of the General Laws, shall be exempt from indirect cost charges pursuant to chapter 29 of the General Laws.

CLERK NUMBER: 859

Mr. Greene of Billerica, Mr. Hynes of Marshfield, Mr. Eldridge of Acton, Mr. Kocot of Northampton, Mr. Linsky of Natick, Mr. Smizik of Brookline, Ms. Gobi of Spencer, Mr. Pignatelli of Lenox, Mr. Donato of Medford, Mr. Patrick of Falmouth, Mr. Turkington of Falmouth, Mr. Howland of Freetown, Mr. Marzilli of Arlington, Ms. Teahan of Whitman, Mr. Falzone of Saugus, Mr. Vallee of Franklin, Mr. Petersen of Marblehead, Mr. O’Brien of Kingston, Ms. Paulsen of Belmont move that the bill be amended in section 2 by inserting after item 2310-0317 the following item:

“2310-0500. For the operation of a natural heritage and endangered species program, in order to supplement funds collected through private voluntary contributions………………...$250,000”. And further 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 “$427,874,325”.

CLERK NUMBER: 860

Mr. Greene of Billerica, Mr. Kaufman of Lexington, Mr. Hall of Westford, Mr. Eldridge of Acton, Mr. Smizik of Brookline, Mr. Kelly of Dalton, Ms. Gobi of Spencer, Mr. Donato of Medford, Mr. Patrick of Falmouth, Mr. Bosley of North Adams, Mr. Hynes of Marshfield, Ms. Gomes of Harwich, Mr. Turkington of Falmouth, Mr. Howland of Freetown, Mr. Linsky of Natick, Mr. Marzilli of Arlington, Mr. Kocot of Northampton, Ms. Pope of Wayland,, Ms. Wolf of Cambridge, Mr. Donelon of Orange, Mr. Verga of Gloucester, Ms. Story of Amherst, Ms. Teahan of Whitman, Ms. Grant of Beverly, Mr. Festa of Melrose, Ms. Khan of Newton, Mr. Carron of Southbridge, Ms. Blumer of Framingham, Mr. Falzone of Saugus, Ms. L’Italien of Andover, Mr. Walsh of Lynn, Mr. Vallee of Franklin, Mr. Murphy of Lowell, Mr. Nangle of Lowell, Mr. Petersen of Marblehead, Ms. Paulsen of Belmont move that the bill be amended in section 2, in item 7100-0300, by striking out the figures “$1,139,853” and inserting in place thereof the figures “$1,639,853”; and by adding at the end thereof the following: “Provided that not more than $500,000 shall be used to conduct an assessment of the feasibility of adopting chemical and/or technological alternatives for the following toxic or hazardous substances: lead, formaldehyde, trichloroethylene, perchloroethylene, dioxins and furans, hexavalent chromium, organophosphate pesticides, pentabromodiphenyl ether (Penta BDE), 2,4, Dichlorophenoxyacetic acid (2,4, D) and di-(2-ethylhexyl)phthalate (DEHP).

Said assessment shall, for each named toxic or hazardous substance, identify: (1) significant uses of the toxic substance in the Commonwealth in manufacturing, consumer products and any other applications; (2) potential human health and environmental impacts; and (3) any and all alternative chemicals and/or technologies, both proven and emergent, and an analysis of their potential to serve as substitutes for one or more of the toxic or hazardous substances list above, which shall include a assessment of: (a) specific applications of any alternative chemical and/or technology; (b) potential impacts on the environment, human health, workers, employment level and economic competitiveness of the Commonwealth from adopting and implementing any alternative chemical and/or technology as substitutes; and, (c) the economic opportunities or feasibility of adopting and implementing any alternative chemical and/or technology as a substitute including, but not limited to, consideration of the potential effects on capital, operating and production unit costs, and product price, to result from said substitution. The Institute shall report its findings to the clerk of the House of Representatives, the clerk of the Senate and the joint committee on Natural Resources and Agriculture by July 1, 2005", and in line 1100-1100, by striking out the figures “$3,297,608” and inserting in place thereof the figures “$2,797,608”.

CLERK NUMBER: 861

Ms. Khan Of Newton, Mr. Eldridge of Acton, Ms. Blumer of Framingham, Mr. Falzone of Saugus, Ms. L'Italien of Andover, Ms. Gobi of Spencer Ms. Fox of Boston and Mrs. Paulsen of Belmont move that the bill be amended in section 2 by inserting after item 0910-0300 the following item:

“0915-0000. For a correction citizen review board………………………………………$100,000”.

CLERK NUMBER: 862

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

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

CLERK NUMBER: 863

Mr. Timilty Of Milton move that the bill be amended in section 2, in item 8000-0000, in line 6, by inserting after “February 1, 2005” the following:

; and provided further, that not less than $25,000 shall be expended to provide additional Milton Police patrols for that portion of the Neponset River bicycle path in the town of Milton

CLERK NUMBER: 864

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

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

CLERK NUMBER: 865

Mr. Timilty Of Milton move that the bill be amended in section 2, in item 2800-0101, in line 14, by inserting after “patrol watershed areas;” the following:

"provided further, that not less than $100,000 shall be expended for Pine Tree Brook in the town of Milton to implement phase IV of a project for clearing and dredging;"

CLERK NUMBER: 866

Ms. Khan Of Newton, Mrs. Paulsen of Belmont, Mr. Linsky of Natick, Mr. Cabral of New Bedford, Ms. Blumer of Framingham, Ms. Fox of Boston, Mr. Falzone of Saugus, Ms. L'Italien of Andover, Ms. Gobi of Spencer and Mr. Petersen of Marblehead move that the bill be amended by adding at the end thereof the following section(s):

Section ____. The Executive Office of Health and Human Services, and the Executive Office of Public Safety are hereby authorized and directed to conduct a comprehensive review of the health care and mental health care needs of adolescents in the care of, incarcerated in, or detained in, the juvenile justice system, adult correctional facilities, or youth services system, or the social services system in the commonwealth. The survey shall include a survey and determination of needs of adolescent populations residing in the various systems, and the type of service, treatment program, and spectrum of health and mental health care currently being received by the populations surveyed, along with qualifications of staff providing care, staffing ratios, how care is accessed and frequency and duration of care, and other such information required to determine adequacy and scope of care provided to adolescents within the stated state systems.

The study shall include, but not be limited to:

a) standards of care currently being applied to adolescents in juvenile justice, youth servicing, social servicing, and correctional systems;

b) medical screening and periodic examinations at entry into the systems by adolescents, and frequency of subsequent examinations;

c) type of emergency response systems in place or planned, including suicide watch procedures, emergency plans for medical or mental health episodes, staff training required for specific response procedures;

d) response patterns and systems available for other types of episodes, such as violent incidents and acts;

e) types of examinations, laboratory tests, such as TB, testing for STD and other measures to determine needs and problems that are unique to adolescents;

f) the type and utilization of specific treatment models and personnel and agencies providing the models or programs;

g) the type of and scope of, treatment protocols, and training procedures required for effective utilization and implementation of protocols.

The data derived from the comprehensive study, the analysis of the study, and the results of the study, together with findings and recommendations, shall be reported to the House and Senate Committees on Ways and Means and to the Joint Committee on Human Services and Elderly Affairs

Chapter 119 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after section 68C, the following new section:—

Section 68D. Each child committed to the department of youth services shall have, upon entry into the department, a full medical screening examination, laboratory testing, and other relevant and necessary physical or mental health examination. The specific needs of the child or adolescent resulting from the examination shall be entered immediately into the child or adolescent’s records and/or service plan, along with the treatment plan resulting from the examination that provides care for the stated needs.

The department of youth services shall develop and implement measures to provide continuity of medical, health, and mental health services and care. Through coordination with the departments of health and mental health, and correction, the department shall develop a system to monitor and track the accessing of records of children and adolescents prior to entry into the facility, the obtaining of an adequate and sufficient medical and mental health history upon entry into the system, the tracking of records throughout confinement, the tracking of records to ensure transitional care during transfers to other facilities, to and from hospitals or clinics, conducting periodic reviews of adequacy and quality of care for each child or adolescent and for the populations as a whole, the tracking and accompaniment of records when a juvenile is released from a facility or the care of the department of youth services.

The department of youth services, in consultation with other departments and agencies, shall develop a timely system of access to health care for female offenders, and shall ensure timely request-for-medical care procedures to accommodate such access through appropriate medical or health care or mental health care staff.

The department of youth services, in conjunction with the department of mental health and the department of health and the department of correction, and service provider personnel, shall develop and implement a procedural plan for treatment and observation of juveniles who require monitoring due to certain conditions such as suicidal behavior and other such behaviors. The plan shall include a training component, for persons on duty during the observation period. The plan shall include channels of communicating observations and procedures to appropriate mental health or medical personnel in a timely and periodic basis.

The procedural plan shall include, but not be limited to, the specific duties of department of youth services staff and mental health and health staff, especially during certain emergency situations such as “suicide watch”, and the avenues of communication and decision making during such situations. Decisions regarding the duration of the situation, the removal of a juvenile from observation, and other procedures, shall be made only by trained mental health unit staff.

Said Chapter 119 of the General Laws, as so appearing, is hereby further amended by inserting, after section 23B, the following new section:—

Section 23C. Each child and adolescent committed to the department shall have, upon entry into the department, a full medical screening examination, laboratory testing, and other relevant and necessary physical or mental health examination. The specific needs of the child or adolescent resulting from the examination shall be entered immediately into the child or adolescent’s records and/or service plan, along with the treatment plan resulting from the examination that provides care for the stated needs.

The department shall develop and implement measures to provide continuity of medical, health, and mental health services and care. Through coordination with the departments of health and mental health, the department shall develop a system to monitor and track the accessing of records of children and adolescents prior to entry into the facility, the obtaining of an adequate and sufficient medical and mental health history upon entry into the system, the tracking of records throughout confinement, the tracking of records to ensure transitional care during transfers to other facilities, to and from hospitals or clinics, conducting periodic reviews of adequacy and quality of care for each child or adolescent, the tracking and accompaniment of records when a juvenile is released from a facility or the care of the department.

The department, in consultation with other departments and agencies, shall develop a timely system of access to health care for children and adolescents, and shall ensure timely request for medical care procedures to accommodate such access through appropriate medical or health care or mental health care staff.

The department, in conjunction with the department of mental health and the department of health, and service provider personnel, shall develop and implement a procedural plan for treatment and observation of juveniles who require monitoring due to certain conditions such as suicidal behavior and other such behaviors. The plan shall include a training component for persons on duty during the observation period. The plan shall include channels of communicating observations and procedures in appropriate mental health or medical personnel in a timely and periodic basis.

The procedural plan shall include, but not be limited to, the specific duties of department staff and mental health and health staff, especially during certain emergency situations such as “suicide watch”, and the avenues of communication and decision-making during such situations. Decisions regarding the duration of the situation, the removal of a juvenile from observation, and other procedures, shall be made only by trained mental health unit staff.

Chapter 124 of the General Laws, as so appearing, is hereby further amended by adding at the end thereof the following new section:—

Section 11. Any child in the care of the Executive Office of Public Safety or the department of correction shall have, upon entry into the department, a full medical screening examination, laboratory testing, and other relevant and necessary physical or mental health examination. The specific needs of the child or adolescent resulting from the examination shall be entered immediately into the child or adolescent’s records and/or service plan, along with the treatment plan resulting from the examination that provides care for the stated needs.

The department shall develop and implement measures to provide continuity of medical, health and mental health services and care. Through coordination with the departments of health and mental health, the department shall develop a system to monitor and track the accessing of records of children and adolescents prior to entry into the facility, the obtaining of an adequate and sufficient medical and mental health history upon entry into the system, the tracking of records throughout confinement, the tracking of records to ensure transitional care during transfers to other facilities, to and from hospitals or clinics, conducting periodic reviews of adequacy and quality of care for each child or adolescent and for the populations as a whole, the tracking and accompaniment of records when a juvenile is released from a facility or the care of the department.

The department, in conjunction with the department of mental health and the department of health, and service provider personnel, shall develop and implement a procedural plan for treatment and observation of juveniles who require monitoring due to certain conditions such as suicidal behavior and other such behaviors. The plan shall include a training component for persons on duty during the observation period. The plan shall include channels of communicating observations and procedures to appropriate mental health or medical personnel in a timely and periodic basis.

The procedural plan shall include, but not be limited to, the specific duties of correctional officers and health and mental health staff, especially during certain emergency situations such as “suicide watch”, and the avenues of communication and decision-making during such situations. Decisions regarding the duration of the situation, the removal of a juvenile from observation, and other procedures, shall be made only by trained mental health unit staff or health unit staff.

CLERK NUMBER: 867

Mr. Falzone of Saugus moves that the bill be amended in section 2, by striking out item 7061-9400; and in item 4510-0110, in line 2, by inserting after “personnel-related costs; ” the following: “provided further, that not less than $100,000 shall be expended for the elder health center in Saugus; provided further, that not less than $100,000 shall be expended for the elder health center in Wakefield; provided further that not less than $100,000 shall be expended for the elder health center in Lynnfield; ”; and in said item by striking out the figures “$4,381,635” and inserting in place thereof the figures “$4,681,635”.

CLERK NUMBER: 868

Mr. Falzone of Saugus moves that the bill be amended in section 2, line item 4400-1000,

by striking out the figure “116,381,295” and inserting in place thereof the following figure

“56,381,295;” and the bill is further amended by inserting in line item 4000-1000 in the line 56 after the words “fiscal year” the following “provided further, that should layoffs be necessary from this line item, no bargaining unit employees shall be laid off;” and the bill is further amended by inserting a new line item, “4400-1100 For AA subsidiary payroll, so-called, of the department's caseworkers, so-called; provided, that only employees of bargaining unit eight, so-called, shall be paid from this item; and provided further, that any other expenses associated with said employees shall be paid from items 4400-1000 and 4400-9999…60,000,000”

CLERK NUMBER: 869

Mr. Falzone of Saugus moves that the bill be amended in section 2, by striking out item 7061-9400; and in item 6010-0001, by adding at the end thereof the following:

“; and provided further that $6,300,000 be expended for the repair of water pipes and mains located under Routes 1 and 99 in the town of Saugus”; and in said item by striking out the figures “$14,657,993” and inserting in place thereof the figures “$20,957,993”.

CLERK NUMBER: 870

Mr. Falzone of Saugus moves that the bill be amended by adding at the end thereof the following section:

SECTION 110. The care, custody, control and title to all water pipes and mains located under Routes 1 and 99 in the town of Saugus are hereby transferred to the Massachusetts Water Resources Authority.

CLERK NUMBER: 871

Mr. Falzone of Saugus and Mr. Donato of Medford move that the bill be amended in section 2, by striking out item 7061-9400; and in item 4800-1400, by adding at the end thereof the following:

“; and provided further that $50,000 be allocated to Portal To Hope to oversee a domestic violence program that includes a "Teens-At-Risk" project, for the communities of Everett, Lynn, Malden and Medford without the need of approval by the commissioner of public health; provided further, that not less than $15,000 shall be made available to the Words Not Weapons mentoring project in Saugus”; and in said item by striking out the figures “$20,254,292” and inserting in place thereof the figures “$20,319,292”.

CLERK NUMBER: 872

Mr. Falzone of Saugus moves that the bill be amended in section 2, by striking out item 7061-9400; and in item 4000-0112, in line 24, by inserting after “directors of said YMCA; ” the following: “provided further, that $40,000 shall be expended for the greater Lynn YMCA; provided further, that $40,000 shall be expended for the Saugus YMCA; provided further that $40,000 shall be expended for the Wakefield YMCA; ”; and in said item by striking out the figures “$1,075,000” and inserting in place thereof the figures “$1,195,000”.

CLERK NUMBER: 873

Representatives Grant of Beverly, Hynes of Marshfield, Galvin of Canton, Rein-stein of Revere, Gomes of Harwich, Eldridge of Acton, Canavan of Brockton, Bosley of North Adams, Callahan of Sutton, Spilka of Ashland, Smizik of Brookline, Rush of Boston, Travis of Rehoboth, Pope of Wayland, Teahan of Whitman, Donelan of Orange, Paulsen of Belmont, Koutoujian of Waltham, Howland of East Freetown, Gobi of Spencer, Petersen of Marblehead, Balser of Newton, Sullivan of Fall River, L'Italien of Andover, Jehlen of Somerville, Falzone of Saugus, Blumer of Framingham, and O'Brien of Kingston move that the bill be amended in section 2, in item 7000-9506, by striking out the figures “$341,811” and inserting in place thereof the figures “$4,341,811”; and in item 7061-9010, by striking out the figures “$37,700,000” and inserting in place thereof the figures “$33,700,000”.

CLERK NUMBER: 874

Mr. Hynes of Marshfield moves that the bill be amended in section 33, by striking out the words “the auditor of the commonwealth” and inserting in place thereof the words “the secretary of the executive office of environmental affairs”.

CLERK NUMBER: 875

Representatives Grant of Beverly, Turkington of Falmouth, deMacedo of Plymouth, Hill of Ipswich, Fox of Boston, Coppola of Foxborough, L'Italien of Andover, Atkins of Concord, and Speliotis of Danvers, move that the bill be amended in section 2, by striking out item 6006-1000; and in item 6006-0003 by striking out the figures “$250,000” and inserting in place thereof the figures “$533,256”.

CLERK NUMBER: 876

Ms. Khan Of Newton, Mr. Linsky of Natick, Ms. Blumer of Framingham, Ms. Fox of Boston, Mr. Toomey of Cambridge, Ms. Atkins, Mr. Falzone of Saugus and Mrs. Paulsen of Belmont move that the bill be amended in section 2, in item 8900-0001, in line 15, by inserting after “so called” the following: “provided further, that not less than $430,000 shall be provided for the Neil Houston House so called”; and in item 1201-0100 by striking out the figures “107,470,805” and inserting in place thereof the figures “107,040,805”.

CLERK NUMBER: 877

Mr. Honan Of Boston moves that the bill be amended in section 2, in item 7004-0099, by striking out the figures “6,315,188” and inserting in place thereof the figures “6,741,726”; and in item 1100-1100, by striking out the figures “3,297,608” and inserting in place thereof the figures “2,871,070”.

CLERK NUMBER: 878

Ms. Khan Of Newton, Mrs. Paulsen of Belmont, Mr. Falzone of Saugus, Ms. L'Italien of Andover, Ms. Gobi of Spencer, Ms. Atkins of Concord and Ms. Fox of Boston move that the bill be amended by adding at the end thereof the following section(s):

Section 548 of Chapter 26 of the Acts of 2003 is hereby amended bystriking out, in subsection (m), the words “June 30, 2005” and inserting in place thereof the following:- June 30, 2010

Said section 548 of said Chapter 26 of the Acts of 2003 is hereby further amended by striking out subsection (n) and inserting in place thereof the following:- (n) Any proceeds of the sale of any property identified by the agency and declared surplus through June 30, 2010 shall be made available to that agency for capital projects, maintenance and repairs. Said funds shall be in addition to capital funds otherwise allocated to the agency, and shall be approved for release to the agency’s capital program when the surplus property is closed and funds are received by the Commonwealth.

CLERK NUMBER: 879

Mr. Carron of Southbridge, Mr. Eldridge of Acton 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 $36, 947 shall be expended for Community Mediation of Worcester”.

CLERK NUMBER: 880

Messrs. Timilty of Milton, Ayers of Quincy and Driscoll of Braintree move that the bill be amended in section 2, in item 0526-0100, in line 2, by inserting after “Heritage Commission archives” the following: ; and provided further, that not less than $100,000 shall be expended for renovations and repairs to the historic Corkin Building, so-called, in the town of Randolph

CLERK NUMBER: 881

Messrs. Timilty of Milton, Ayers of Quincy and Driscoll of Braintree move that the bill be amended by adding at the end thereof the following section(s):

SECTION Notwithstanding any general or special law to the contrary, the department of conservation and recreation may enter into a lease agreement or agreements with the North Randolph Little League for property currently under the care and control of the department the land adjacent to the existing North Randolph Little League field off High Street near the former Nike Missile site in the town of Randolph. The term of any such lease agreement shall be for not less than 10 years, with an option to renew for up to 10 additional years. The North Randolph Little League shall pay a nominal consideration for said lease. Any such lease agreement shall require that all costs, fees and expenses relating to the care and maintenance of such property shall be paid in full by the lessee and other such terms and conditions as the department may require."

CLERK NUMBER: 882

Messrs. Timilty of Milton, Ayers of Quincy and Driscoll of Braintree move that the bill be amended in section 2, in item 8000-2004, in line 3, by inserting after “Democratic National Convention” the following:

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

CLERK NUMBER: 883

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

CLERK NUMBER: 884

Mr. Carron of Southbridge , Mr. Hillman of Sturbridge, Mr. Toomey of Cambridge , Ms. Spiliotis of Peabody, Mr. Kennedy of Brockton move that the bill be amended in section 2 by inserting after item 7010-0012 the following item:

“7010-0016. For the Attracting Excellence to Teaching Program, established in 19A of Chapter 15A of the General Laws……………………………………………………………$816,725”.

And further that Chapter 44B, as so appearing, is hereby amended by adding the following section:-

SECTION 18. (1) Notwithstanding any general or special law to the contrary, during the fiscal year 2005, the comptroller shall transfer $816,725 from the Community Preservation Fund, established in section 9 of this chapter, solely and immediately for deposit in the following funds in the designated amounts:

CLERK NUMBER: 885

Mr. Swan of Springfield move that the bill be amended in section 2, in item 7004-0099, in line 33, by inserting after “corporation” the following:

provided further that not less than $100,000 shall be expended for the Springfield Neighborhood Housing Services, Inc.

CLERK NUMBER: 886

Mr. deMacedo of Plymouth and Mr. O’Brien of Kingston moves that the bill be amended in section 2, in item 2320-0100, by adding at the end thereof the following:- “and provided further, that $75,000 shall be expended for a floating dock system at the Plymouth State Boat Ramp”; and in said item by striking the figures “$300,092” and inserting in place thereof the following: $375,092.

CLERK NUMBER: 887

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

SECTION 110. Section 89 of Chapter 71 of the General Laws, as so appearing, is hereby amended by deleting section (nn) and inserting in place thereof the following section: -

(nn) Commonwealth charter schools shall be funded as follows: if a student attending a charter school resides in a district with a positive foundation gap, as defined in section 2 of chapter 70, the commonwealth shall pay a tuition amount to the charter school equal to the average cost per student by grade level, program and prototype, in said district. If the student resides in a district that does not have a positive foundation gap, as so defined, the commonwealth shall pay a tuition amount to the charter school equal to the lesser of: (1) the average cost per student by grade level, program and prototype, in said district; and (2) the average cost per student by grade level, program and prototype, in the district in which the charter school is located. The state treasurer is hereby authorized and directed to deduct said charter school tuition amount from the total education aid, as defined in said chapter 70, of the district in which the student resides prior to the distribution of said aid. In the case of a child residing in a municipality which belongs to a regional school district, the charter school tuition amount shall be deducted from said chapter 70 education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter 70 by accepting section 14 of said chapter 70, the commonwealth shall assess said district for said excess amount. The state treasurer is hereby further authorized to disburse to the charter school an amount equal to each student's charter school tuition amount as defined above. The board of education shall adopt regulations for determining the average cost per student by grade level, program and prototype, in calculating charter school tuition amounts for the purpose of this subsection, and in adopting said regulations shall consult with the executive office for administration and finance and shall consider the actual cost per student, the variation in cost for different grade levels and different programs, a charter school's capital costs, the advisability of establishing a maximum amount for such average cost, and the impact on existing charter schools, other public schools in the district, and new charter schools.

CLERK NUMBER: 888

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

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

CLERK NUMBER: 889

Mr. Wallace and Mr. Walsh of Boston move that the bill be amended in section 2, in item 4512-0200, in line 2, by inserting after the word "clients" the following: "provided, that not less than $75,000 shall be expended for the Tynan Community Centers Adolescence Wellness program in the South Boston section of city of Boston”; and in said item, by striking out the figures“$36,227,349” and inserting in place thereof the figures “$36,152,349”.

CLERK NUMBER: 890

Mr. Wallace Of Boston move that the bill be amended in section 2, in item 0335-0600, by striking out the figures “$407,439” and inserting in place thereof the figures “$651,829”; and in item 1201-0100, by striking out the figures “$107,470,805” and inserting in place thereof the figures “107,226,415”.

CLERK NUMBER: 891

Mr. Wallace of Boston moves that the bill be amended in section 2, in item 7004-0099, in line 1, by inserting after " development " the following: " provided, that not less than $80,000 shall be expended for the Boston Housing Authority for a program to provide certain tenant services for the West Broadway housing authority ; provided, that funds appropriated herein shall be obligated for expenditure by the West Broadway housing task force for the purposes of tenant services provided by said task force; and further provided, that funds appropriated herein shall not be expended by the Boston Housing Authority for discretionary purposes”; and in said item by striking out the figures “$6,315,188” and inserting in place thereof the figures “6,235,188” ”.

CLERK NUMBER: 892

Mr. Wallace and Mr. Walsh of Boston move that the bill be amended in section 2, in item 4512-0200, in line 2, by inserting after the word “clients” the following words: “provided, that not less than $320,000 shall be expended for a contract with Gavin Foundation to provide a Total Immersion Program in conjunction with the Probation Department of the South Boston Division of the district courts, the Quincy Division of the district courts, the Somerville Division of the district courts, the Hingham Division of the district courts, and other district courts and that funding shall be expended for the maintenance of a training program by Gavin Foundation for a statewide Total Immersion Program; provided further, that the Gavin Foundation shall be contracted to provide Total Immersion Programs stated herein"; and in said item by striking out the figures “$36,227,349” and inserting in place thereof the figures “$36,547,349”; and further amended is section 2, line item 1100-1100 by striking the figure “$3,297,608” and inserting in the place thereof the figure “$2,977,608”.

CLERK NUMBER: 893Mr. Wallace and Mr. Walsh of Boston move that the bill be amended in section 2, in item 2820-0100, in line 6, by inserting after the word “duties” the following words: “provided, that not less than $247,000 shall be expended for the maintenance and operation of the James Michael Curley recreation center in Boston"; and further amended by striking out the figures "$19,986,715" and inserting in place thereof the figures " $20,233,715"; and further amended is section 2, line item 1100-1100 by striking the figure “$3,297,608” and inserting in the place thereof the figure “$3,050,608”.

CLERK NUMBER: 894

Mr. Wallace and Mr. Walsh of Boston move that the bill be amended in section 2, in item 4512-0200, in line 2, by inserting after the word “clients” the following words: “provided, that not less than $370,800 shall be expended to Gavin Foundation for an adolescent residential facility for substance abuse and rehabilitation services in the South Boston section of the city of Boston"; and in said item by striking out the figures “$36,227,349” and inserting in place thereof the figures “$36,598,149”; and further amended is section 2, line item 1100-1100 by striking the figure “$3,297,608” and inserting in the place thereof the figure “$2,926,808”.

CLERK NUMBER: 895Mr. Wallace and Mr. Walsh of Boston move that the bill be amended in section 2, in item 4800-0038, in line 2, by inserting after the word " services " the following: "provided, that not less than $257,000 shall be expended for a contract for an integrated family services team in region 6” ; and in said item by striking out the figures $258,516,384 and inserting in place thereof $258,773,384”; and further amended is section 2, line item 8900-0001 by striking the figure “$428,124,325” and inserting in the place thereof the figure “$427,867,325”.

CLERK NUMBER: 896

Mr. Wallace and Mr. Walsh of Boston move that the bill be amended in section 2, in item 4512-0200, in line 2, by inserting after the word “clients” the following words: “provided, that not less than $139,000 shall be expended for the maintenance and operation of the Intensive Outpatient Program at the South Boston Collaborative for the purposes of responding to adolescent suicide clusters and drug abuse in the South Boston section of the city of Boston"; and in said item by striking out the figures "$36,227,349" and inserting in place thereof the figures " $36,366,349"; and further amended is section 2, line item 1100-1100 by striking the figure “$3,297,608” and inserting in the place thereof the figure “$3,158,608”.

CLERK NUMBER: 897

Mr. Wallace and Mr. Walsh of Boston moves that the bill be amended in section 2, in item 8100-0000, in line 4, by inserting after " chargeback " the following: " provided, that not less than $70,000 shall be expended for patrols of properties of the metropolitan district commission located along Day Boulevard in South Boston section of the city of Boston”; and in said item by striking out the figures “$195,246,749” and inserting in place thereof the figures “195,176,749”.

CLERK NUMBER: 898

Mr. Wallace 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 located in South Boston which operates an urgent care center and which is affiliated with the disproportionate share teaching hospital in Suffolk County with the highest volume of free care shall receive $400,000 from said Fund”

CLERK NUMBER: 899

Mr. Wallace of Boston and Mr. Ayers of Quincy move to amend the bill in section 1599-4121, by inserting after the words “Graduate Employee Organization Boston, Local 1596, UAW” the words “Local 888, Service Employees Union International, AFL-CIO;” and by striking out the figure $53,620,570 and inserting in place thereof the figure $55,000,570; and further moves to amend the bill in item 0640-0010 by striking out the figure $10,000,000 and inserting in place thereof the figure $8,620,000.”

CLERK NUMBER: 900

Mr. Wallace 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 non-profit visiting nurse association located in Boston, that delivers at least 30 per cent of all MassHealth reimbursement skilled nursing visits and at least 50 per cent of all MassHealth reimbursed home health aide services in Suffolk County, shall receive $750,000 from said Fund”