Commonwealth of Massachusetts, Fiscal Year 2005 Budget Process
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House Budget Amendments 951-1000

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CLERK NUMBER: 951

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

SECTION ___.  AN ACT TO PROMOTE TOLL EQUITY ON THE MASSACHUSETTS TURNPIKE

Chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 2BBB, as inserted by this act, the following section: -

Section 2CCC.  There is hereby established and setup on the books of the commonwealth a separate fund to be known as the Massachusetts Turnpike Toll Equity Fund.  There shall be credited to said fund all “excess turnpike revenues” and all “excess metropolitan highway system revenues”, as defined in section 3 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, and all taxes on gas as provided in section 14 of chapter 64C of the General Laws.

The state treasurer, ex officio, shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section and shall credit interest and earnings on the fund to said fund.

The state treasurer shall annually pay over from the fund to the Massachusetts Turnpike Authority an amount certified by said Authority to be the aggregate of the amount, if any, necessary to continue the so-call commuter discount program on the Massachusetts Turnpike and the amount, if any, necessary to prevent or offset any increase to tolls collected pursuant to section 10 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition.  All revenues in said fund in excess of the amount so certified by said Authority shall continue to be held in said fund.

Chapter 64A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following section: -

Section 14.  Notwithstanding any other provision of this chapter all taxes collected on fuel sold on property owned or leased by the Massachusetts Turnpike Authority shall be credited to the Massachusetts Turnpike Toll Equity Fund established by section 2CCC of Chapter 29.

827398.1

CLERK NUMBER: 952

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

SECTION ___.   Section 10(a) of chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end thereof the following:

Notwithstanding any general or special law or any regulation promulgated thereunder to the contrary, no tolls respecting the turnpike and the different parts or sections thereof and shall be increased from and after the effective date hereof unless such toll increase is directly related to actual increased costs to the authority of maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling or operating the turnpike.

SECTIONS ____.  Section 10(b) of chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end thereof the following:

Notwithstanding any general or special law or any regulation promulgated thereunder to the contrary, no tolls respecting the metropolitan highway system or any part thereof shall be increased from and after the effective date hereof unless such toll increase is directly related to actual increased costs to the authority of maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling or operating the metropolitan highway system.

827328.1

CLERK NUMBER: 953

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

SECTION ___.   AN ACT PROVIDING FOR THE FINANCING OF OPERATING EXPENSES OF THE CENTRAL ARTERY PROJECT.

Section 1.  Section 3 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 65, after the definition of "highway department" the following definition:   "Inflation index," the per cent change in inflation as measured by the per cent change in the consumer price index for all urban consumers for the Boston metropolitan area as determined by the bureau of labor statistics of the United States department of labor.

Section 2.  Paragraph (c) of section 12 of Chapter 81A of the General Laws, as so appearing, is hereby amended by inserting, in line 84, after the words "and maintenance during such fiscal year" the following words:   on account of the central artery and the central artery north area transferred or to be transferred to the authority.

Section 3.  Said paragraph (c) is hereby further amended by inserting, in line 90, after the fourth sentence thereof the following three sentences: - Not later than June 30, 2002, the secretary of administration and finance, on behalf of the commonwealth, shall, with the concurrence of the secretary of transportation and construction, amend such contract to provide that the payment on account of the fiscal year during which the transfer of the final segment of the central artery and the central artery north area to the authority occurs shall equal $30,000,000.  For each fiscal year thereafter during the term of such contract, such payment shall equal the payment for the prior fiscal year increased by the greater of (i) 3 per cent or (ii) the inflation index for the preceding fiscal year as certified by the secretary of administration and finance on March 1 of each year, commencing the March 1 following such transfer. 

827395.1

CLERK NUMBER: 954

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

SECTION ___.   AN ACT REGARDING THE FINANCING OF THE SURFACE ARTERY.

Notwithstanding any general or special law to the contrary or any regulation promulgated thereunder, the Massachusetts Turnpike Authority shall not make any financial contribution to support the coordination, governance, design, contradiction, development, use, maintenance, planning and operation of the Surface Artery, so called, or any parcels of land available upon the completion of the Central Artery/Ted Williams Tunnel Project, so called, in the city of Boston, not owned by the Massachusetts Turnpike Authority, unless any such contribution is reimbursed by the Commonwealth; in no event shall such contribution to the Surface Artery, so called, exceed $15,000,000 in the aggregate.

827396.1

CLERK NUMBER: 955

Mr. Loscocco of Holliston moves that the bill be amended by adding at the end thereof the following sections:

SECTION ___.  Section 3 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 63, after the definition of “central artery north area” the following definition: - “Excess turnpike revenues,” turnpike revenue available after paying the costs of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike, and otherwise meeting any obligation set forth in the bond resolution, trust agreement or other agreement securing authority notes or bonds related to the turnpike including without limitation, the payment of principal of, redemption premium, if any, and interest on such bonds or notes.

SECTION ___.  Section 4 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 30, after the words “highway system revenues” the following words: - , excess turnpike revenues. 

SECTION ___.  Section 5 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 152, after the words “from turnpike revenues” the following words: - , excess turnpike revenues. 

SECTION ___.  Section 5 of Chapter 81A of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended by inserting, in line 70, after the word “revenues” the following words: - , including excess turnpike revenues. 

827343.1

CLERK NUMBER: 956

Ms. Creedon of Brockton , Ms. St. Fleur of Boston move that the bill be amended in section 2 by inserting after item 7061-9619 the following item:

“7061-9621    For a grant program for gifted and talented school age children; provided, that the funds appropriated in this item shall be in addition to any federal funds available for such program; provided further, that priority shall be given to those grant applications that address the needs of students who are identified by any of the following criteria: (1) the result of a standardized aptitude examination which is 3 or more standard deviations above the mean; (2) an evaluation by the child’s teachers that the child does perform, or is capable of performing, satisfactorily at 2 or more grade levels above the child’s chronological age; or (3) a score on the math or verbal scholastic aptitude test by a child of no more than 13 years of age which is equal to, or greater than, the average on either test obtained by college-bound high school juniors; and provided further, that such program may be made available by a city, town, or regional school district ..... 99,000”

CLERK NUMBER: 957

Mr. Fagan of Taunton moves that the bill be amended in section 2, in item 4512-0500, in line 7, by inserting after “program” the following: “not less than $200,000 shall be allotted to the Doherty Dental Health Clinic in the City of Taunton for the basic dental needs of moderate and low income residents of Southeastern Massachusetts”; and in said item by striking out the figures “1,229,150” and inserting in place thereof the figures “1,429,150”.

And further in section 0900-0100 striking “1,265,221” and inserting in place thereof the figures “1,065,221”. 

CLERK NUMBER: 958

Ms. Khan Of Newton, Mr. Linsky of Natick, Mrs. Paulsen of Belmont, Ms. L'Italien of Andover and Ms. Gobi of Spencer  move that the bill be amended in section 2, in item 5042-5000 by striking out the figures “66,073,272” and inserting in place thereof the figures “68,723,272”; and in item 4130-1000, by striking out the figures “12,096,488” and inserting in place thereof the figures “9,446,488”

and in item 5042-5000 by inserting, in line 4, after “setting;” the following:- provided further that to fund the pilot program of psychiatric consultation to primary physicians to improve the quality of prescribing services, the department shall expend no less than $2,650,000 

CLERK NUMBER: 959

Representative Linsky Of Natick moves that the bill be amended in section 2, in item 8324-0000, in line 29, by inserting after “training, equipment, and supplies” the following: “provided that not less than $40,000 be expended for protective turnout gear for the Millis Fire Department”; and in said item by striking out the figures “$9,102,208” and inserting in place thereof the figures “$9,142,208”.

CLERK NUMBER: 960

Mr. Finegold Of Andover, Ms. Malia Of Boston, Mr. Cabral of New Bedford , and Mr. Jones of North Reading , move that the bill be amended by adding at the end thereof the following section(s):

The department of housing and community development, in coordination with the executive office of health and human services and its agencies and organizations advocating for affected populations, shall implement a statewide application system for all state public housing and, to the extent possible, other affordable housing resources; provided that the system shall permit application in multiple housing authorities and for multiple affordable housing programs and resources through the submission of a single application form, while allowing each housing authority and management company to make its own eligibility and preference determinations to the extent permitted by law.  The department shall: (a) develop goals for such an application system including, but not limited to, a system that is user friendly, cost-free to the user, accessible to persons with disabilities, accessible to non-English speakers, accessible to the general public, ensures protection of personal privacy, provides a single point of entry application process to as many affordable housing units in as many different types of programs and developments as possible, and provides a comprehensive, searchable database of affordable housing units; (b) develop specifications for a system meeting the goals described in this section; and (c) determine whether existing systems or technology meet the goals described in this section or whether new systems or technology need to be developed to meet these goals.  The department shall implement the statewide application system established by this section no later than December 31, 2004 .

CLERK NUMBER: 961

Mr. O’Brien of Kingston , Mr. Coughlin of Dedham, Ms.Garry of Dracut, Ms. Walrath of Stow , Ms. Kaprielian of Watertown , Ms. Parente of Milford , Ms. Gomes of Harwich, Ms. Teahan of Whitman, Mr. Galvin of Canton move to amend the bill by inserting at the end thereof the following:

SECTION________.

Chapter 118E of the general laws, as appearing in the 2002 official edition, is hereby amended by inserting after section 17 the following section:-

            Section 17A:  Notwithstanding any general or special law to the contrary,

            Prior authorization shall not be required for any anti-hemophilic factor

            Drugs prescribed for the treatment of hemophilia and blood disorders.

CLERK NUMBER: 962

Mr. O’Brien of Kingston, Mr. Smizik of Brookline, Ms. Reinstein of Revere, Mr. Kulik of Worthington, Ms. Wolf of Cambridge, Ms. Fox of Boston, Ms. Story of Amherst, Mr. Festa of Melrose, Mr. Eldridge of Acton, Ms. Teahan of Whitman, Ms. Khan of Newton, Mr. Linsky of Natick, Ms. L’Italien of Andover, Mr. Demakis of Boston, and Ms. Spilka of Ashland move that the bill be amended by striking out outside section 91.

CLERK NUMBER: 963

Mr. O’Brien of Kingston, Mr. Smizik of Brookline, Ms. Reinstein of Revere, Mr. Kulik of Worthington, Ms. Wolf of Cambridge, Ms. Fox of Boston, Ms. Story of Amherst, Mr. Festa of Melrose, Mr. Eldridge of Acton, Ms. Teahan of Whitman, Ms. Khan of Newton, Mr. Linsky of Natick, Ms. L’Italien of Andover, Mr. Demakis of Boston, and Ms. Spilka of Ashland move that the bill be amended by striking out outside section 60.

CLERK NUMBER: 964

Mr. O’Brien of Kingston moves that the bill be amended in section 2, in item 6010-0001, by inserting in line 19 after the word “2004;” the words, “provided further, that said department shall conduct a noise reduction study along Route 3 South in Kingston no later than December 31, 2004; provided further, that the department shall issue its findings relative to said study no later than June 30, 2005;”

CLERK NUMBER: 965

Mr. O’Brien of Kingston, Mr. deMacedo of Plymouth, Mr. Walsh of Dorchester, and Mr. Humason of Westfield move that the bill be amended in section 2, in item 6006-0003, by striking out the figure “$250,000” and inserting in place thereof the figure “$533,256”; and in item 0640-0351 by striking out the figure “$1,000,000” and inserting in place thereof the figure “$716,144”; and by striking out item 6006-1000.

CLERK NUMBER: 966

Mr. O’Brien of Kingston and Mr. deMacedo of Plymouth move that the bill be

amended by inserting at the end thereof the following section:

SECTION _____  Chapter 259 of the Acts of 2003 is hereby amended by

Striking out section 4 and inserting in place thereof the following section:-

Section 4.  The conveyance of the easement authorized in section 1 shall be

For nominal consideration.

CLERK NUMBER: 967

Mr. Wagner of Chicopee moves that the bill be amended in section 2, in item 7007-0950, by adding at the end thereof the following:

“; provided further, that $100,000 shall be expended for a grant to the Western Massachusetts Economic Development Council”.

CLERK NUMBER: 968

Mr. Wagner of Chicopee moves that the bill be amended in section 2, in item 6010-0001, by adding at the end thereof the following:

“; provided, further, that the department shall maintain the motorist emergency call system installed on interstate highway route 91, interstate highway route 93, interstate highway route 195, and interstate highway route 495, in an operational condition for use in emergencies by the public”

CLERK NUMBER: 969

Mr. Wagner of Chicopee moves that the bill be amended in section 2, in item 6006-0003,        

by striking out the figure “$250,000” and inserting in place thereof the figure

“350,000”. 

CLERK NUMBER: 970

Mr. Wagner of Chicopee moves that the bill be amended by adding at the end thereof the following sections:

Section __.  Section 4 of chapter 81A of the General Laws, as so appearing, is hereby amended by striking out clause (e) and inserting in place thereof the following clause:--

(e) to: (i) own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the turnpike or any part thereof; (ii) consistent with agreements entered into with the highway department to the extent applicable, own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the metropolitan highway system or any part thereof, as it may determine; and (iii) effective October 1, 2004, maintain, repair, use, administer and operate interstate highway route 395, interstate highway route 84 and interstate highway route 291; provided, however, that chapter 91 shall not apply to the authority, except for any parts or areas thereof subject to said chapter 91 on March 1, 1997.

Section XX.  Section 10 of said chapter 81A, as so appearing, is hereby amended by inserting in line 11 after the word “turnpike” the following words:-- “as well as the costs of maintaining, repairing, using, administering and operating interstate highway route 395, interstate highway route 84 and interstate highway route 291.”

CLERK NUMBER: 971

Mr. Wagner of Chicopee 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 and in order to achieve efficiencies the executive office of transportation and construction, the Massachusetts Turnpike Authority and the department of highways shall identify instances in which the authority can achieve costs savings and improved performance and service for the maintenance, snow and ice removal, repair, use, administration and operation of interstate highway route 290, interstate highway route 391, and that portion of interstate highway route 91 from the interchange of interstate highway route 91 with interstate highway route 90 and continuing to the Connecticut border.  For the period beginning October 1, 2004 and ending on December 1, 2007 , the department shall enter into an interagency service agreement with the authority, herein, referred to as the “agreement” for the provision of maintenance, snow and ice removal, repair, use, administration and operation of such routes in order to achieve cost savings.  The authority and the department shall submit a report to the joint committee on transportation and the house and senate committees on ways and means on or before January 1, 2006, detailing any and all cost savings to the commonwealth resulting from the agreement and or estimated to result from any proposed agreement to share employees, equipment and operational activities and functions in order to achieve operational efficiencies, improved performance or services and cost savings, including recommendations to establish a permanent and potentially expanded process for the transfer of certain responsibilities for interstate highway systems in the commonwealth from the highway department to the authority beginning December 1, 2007.

CLERK NUMBER: 972

Mr. Wagner of Chicopee 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 and in order to achieve operational efficiencies and cost savings, the Massachusetts Turnpike Authority shall develop a travel demand management plan.  In preparing said plan, the authority shall study the impacts and benefits of differential pricing and other value pricing strategies.  The authority shall recommend for implementation the strategy that best achieves the following objectives: (1) reduced traffic congestion; (2) further participation in the authority’s electronic toll collection system; and (3) reduced operating costs.  The authority shall submit said plan to the joint committee on transportation and the house and senate committees on ways and means on or before November 15, 2004 .

CLERK NUMBER: 973

Mr. Wagner of Chicopee moves that the bill be amended in section 2, by striking out item 6005-0015, and inserting in place thereof the following item: “6005-0015. For certain assistance to the regional transit authorities, including operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the inter-city bus capital assistance program; provided, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July 1, 2004 and ending June 30, 2005, may enter into contracts with the authorities; provided further, that notwithstanding  section 152A of chapter 161 and section 23 of chapter 161B of the General Laws, the amount shall be at least 50 per cent and up to 75 per cent of the net cost of service of each authority incurred in fiscal year 2004 shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that the share assessed upon the cities and towns shall be at least 25 per cent of the net cost of service; provided further, that in the event that 25 per cent of the net cost of service of each authority exceeds 102.5 per cent of the previous year's local assessment, excluding payments made by cities and towns for the costs of new service, for which the cities and towns have not previously been assessed, as allowed by chapter 580 of the acts of 1980, the regional transit authority shall reduce its operating expenses or increase its revenues to meet the difference; provided further, that operating expenditures of each of the regional transit authorities for fiscal year 2005 shall not exceed 102.5 per cent of its operating expenditures for fiscal year 2004; provided further, that for the purposes of this item operating expenditures shall not include federal, private or additional municipal non-state revenue sources or any expenses arising from the provision of services required by the Americans with Disabilities Act, or new services implemented after July 1, 1999 in an amount not to exceed a total of $3,613,905 for the 15 regional transit authorities; provided further, that the new services must have first received approval of the appropriate regional transit authority advisory board; provided further, that not less than 25 per cent of the net cost of service of the new services shall be assessed to the cities and towns of the appropriate transit authority, as detailed previously in this item; provided further, that not later that January 1, 2005, each regional transit authority which provides the new services must file a report with the house and senate committees on ways and means and the joint committee on transportation, detailing the total costs and revenues associated with the new service; provided further, that the cost of the new services shall not annualize to more than $3,613,905; provided further, that not later than January 1, 2005, each of the 15 regional transit authorities shall submit to the house and senate committees on ways and means a report detailing any and all revenues collected as a result of services provided pursuant to item 4401-1000; provided further, that the executive office of transportation and construction will work cooperatively with the authorities and other public and private funding sources to maximize new revenues sources to expand transit services; provided further, that the authorities and the executive office of transportation and construction will develop processes and procedures for contracts for services with other state agencies; provided further, that the executive office of transportation and construction and the authorities shall develop a five-year transit plan for operational and capital objectives that the parties can measure against and plan toward and shall file the plan with the house and senate committees on way and means no later than April 1, 2005; provided further, that the executive office of transportation and construction and the authorities will work cooperatively to implement multi-year contracting for regional transit authority capital projects, particularly for construction projects and other multi-year commitments of the authorities; provided further, that the regional transit authorities shall implement structural, managerial and administrative reforms in order to achieve cost savings in services provided by the authorities; provided further, that the reforms shall include, but not be limited to, improved financing procedures for capital needs, approved plans for short- and long-term service, a coordinated program of mass transportation for the regional transit authorities that provides standards of service for the authorities for types of service, passenger miles, hours of service, cost of service by route and mile and passenger, non-transportation revenue and system revenue generating options including, but not limited to, fare revenue and advertising revenue, assessments on member cities and towns, net operating investment per passenger-mile ratio and service quality standards; provided further, that the program shall involve an approach to service coordinated with the Massachusetts Bay Transportation Authority and other transit providers in order to achieve maximum efficiency of regional transit authority service routes; provided further, that all regional transit authorities shall achieve the revenue recovery ratio of 40 per cent within 36 months from the effective date of this act; and provided further, that the Massachusetts Association of Regional Transit Authorities shall on or before November 15, 2005, report to the joint committee on transportation and the house and senate committees on ways and means on the operations of the authorities in the first half of fiscal year 2004, and focus the report on the reforms and improvements, provided further that not less than 4 percent of each regional transit authority’s previous year’s state contract assistance will be made available to each regional transit authority and further that said 4 percent increase may be used for expenses incurred in fiscal year 2004 or fiscal year 2005.”; and in said item by striking out the figure “$47,782,640” and inserting in place thereof the figure “$49,683,690” and in item 0411-1000, by striking out the figure “$5,135,418” and inserting in place thereof the figure “#3,234,368”.

CLERK NUMBER: 974

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

Section __.  Sections 107 and 245 of chapter 184 of the acts of 2002 are hereby repealed.

CLERK NUMBER: 975

Mr. Wagner of Chicopee moves that the bill be amended in section 2, in item 6005-0015,

by striking out the figure “$47,782,640” and inserting in place thereof the figure

“$49,683,690” and in item 0411-1000, by striking out the figure “$5,135,418” and

inserting in place thereof the figure “$3,234,368”.

CLERK NUMBER: 976

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

Section __.  Section 1 of chapter 258 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting in line 43 after the words “chapter one hundred and eleven”, the following words:-- “or any regional transit authority established pursuant to chapter 161 or 161B and the motor vehicle operators contracted with said regional transit authorities in accordance with section 25 of chapter 161B.”

CLERK NUMBER: 977

Mr. Wagner of Chicopee moves that the bill be amended in section 2, in item 6006-1000, in lines 1 to 10, inclusive, by striking out the following: “; provided, that notwithstanding any general or special law to the contrary, 100 percent of the amount appropriated in this line item shall be assessed upon the airports which said commission currently regulates pursuant to powers granted, to said commission by the General Laws; provided further, that the commissioner shall submit to the house and senate committees on ways and means no later than September 1, 2005 a plan on implementation of said assessment that shall include, but not be limited to the following: (1) the methodology that was used to determine the assessment structure to charge said airports, (2) the assessment schedule and the amount that each airport is scheduled to pay said commission, (3) a plan to require the airports to fully fund the administrative costs for the commission beginning July 1, 2005”; and in item 1100-1100, by striking out the figures “$3,297,608” and inserting in place thereof the figures “$3,047,608”.

CLERK NUMBER: 978

Mr. Wagner of Chicopee 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 and in order to permit the Massachusetts Turnpike Authority to lower its debt service costs related to the turnpike, as defined in chapter 81A of the General Laws, as so appearing, without extending the maturity of debt related to the turnpike or keeping tolls on the turnpike longer than the current maturity of such debt, the authority is hereby authorized to provide for the issuance of refunding notes or bonds of the authority for the sole purpose of providing funds to refund or otherwise repay any or all debt outstanding as of the effective date of this section issued pursuant to section 5(b)(ii) of chapter 81A, as in effect prior to the effective date of this section, of the authority relating to the turnpike.  The final maturity of such bonds or notes shall not exceed the final maturity of the debt being refunded.  The issuance of such bonds or notes, the maturities, and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the authority with respect thereto shall continue to be governed by the provisions of chapter 81A which relate to the issuance of bonds or notes, insofar as they may be appropriate therefore.

CLERK NUMBER 979

Ms. Gobi of Spencer, Mr. Kocot of Northampton, Mr. Connolly of Everett, Mr. Coppola of Foxboro, Mr. Eldridge of Acton, Mr. Patrick of Falmouth, Mr. Hillman of Sturbridge, Ms. Grant of Beverly, Ms. Gomes of South Harwich, Ms. Pope of Wayland, Mr. Falzone of Saugus, Mr. Carron of Southbridge, Mr. Kafka of Stoughton, Ms. Teahan of Whitman and Mr. O’Brien of Kingston move that the bill be amended in section 2, in item 7100-0200, by adding at the end thereof the following:

“; provided further that not less than $50,000 shall be expended for the 4-H program”.

CLERK NUMBER 980

Ms. Gobi of Spencer, Ms. Haddad of Somerset , Mr. Fallon of Malden , Mr. Toomey of Cambridge and Mr. Carron of Southbridge   move that the bill be amended by adding at the end thereof the following section(s):

"Section_________.  A special commission is hereby established to study the establishment of regional grief counselors for city, town and regional school districts.  Said commission shall be comprised of three members appointed by the speaker of the house including the house chair of the joint committee on education, three members appointed by the senate president including the senate chair of the joint committee on education, the secretary of the department of education or his designee, a designee from the Massachusetts Teachers Association, a designee from the Massachusetts Federation of Teachers, along with members of the medical profession.   Said commission shall submit a report, including legislative recommendations, if any, to the joint committee on education and the house and senate committees on ways and means by June 15, 2005  

CLERK NUMBER 981

Ms. Gobi Of Spencer move that the bill be amended in section 2, in item 7007-0900, by adding at the end thereof the following:

“provided futher that not less than $50,000 shall be expended for the Central Quabbin Area Tourism Association”.

CLERK NUMBER: 982

Mr. Wagner of Chicopee moves that the bill be amended in section 33, by striking in line 11 the number “19” and inserting in place thereof the number “20”; and in said section, by striking in line 17 the number “10” and inserting in place thereof the number “11”; and in said section, line 21, by adding after the words “executive office of public safety” the following: “the executive director of the Massachusetts Motor Transportation Association or her designee;”.

CLERK NUMBER: 983

Ms. Kaprielian of Watertown, Mr. Koutoujian of Newton, Mr. Toomey of Cambridge, Ms. Teahan of Whitman, Ms. Malia of Boston, Mr. Kocot of Northampton, Mr. Walsh of Boston, Ms. Haddad of Somerset, Ms. Story of Amherst, Mr. Goguen of Fitchburg, Mr. Demakis of Boston, Ms. Jehlen of Somerville, Ms. L’Italien of Andover, Mr. Patrick of Falmouth, Ms. Spilka of Ashland, Mr. Smizik of Brookline, Mr. Eldridge of Acton, Mr. Marzilli of Arlington, Mr. Donato of Medford, Mr. Festa of Melrose, Mr. Linsky of Natick, Ms. Balser of Newton, Mr. Rush of Boston, Mr. Pignatelli of Lenox, Ms. Rivera of Springfield, Mr. Scibak of South Hadley, Ms. Wolf of Cambridge, Ms. Paulsen of Belmont, Mr. Howland of Freetown, Ms. Blumer of Framingham, Mr. Hynes of Marshfield, Mr. Verga of Gloucester, Mr. Donelan of Orange, Ms. Gomes of Harwich, Mr. Cabral of New Bedford, Ms. Khan of Newton, Ms. Owens-Hicks of Boston, Ms. Grant of Beverly, Ms. Peisch of Wellesley, Mr. Sanchez of Boston, Mr. Rushing of Boston, Mr. Connolly of Everett, Mr. Falzone of Saugus, Mr. LeDuc of Marlborough, Mr. Lantigua of Lawrence, Ms. Atkins of Concord move that the bill be amended in section 2 by striking out item 4590-0300 and inserting in place thereof the following item:

“4590-0300  For youth smoking prevention and tobacco control programs, including enforcement of illegal sales to children laws by local boards of health and coordinated treatment resources including the Tobacco Free Helpline and QuitWorks; provided, that no funds shall be expended in the AA subsidiary, so-called, for any personnel-related costs, and provided further that, notwithstanding the provisions of Ch. 29D of the general laws or the provisions of any other general or special law to the contrary, funds may be expended from the Health Care Security Trust for the purposes of this item .................……………………………….......... $14,000,000”;

and in item 8900-0001 by striking out the figure “$428,124,325” and inserting in place thereof the figure “$415,874,325”.

CLERK NUMBER: 984

Ms. Kaprielian of Watertown, Mr. Koutoujian of Newton, Mr. Toomey of Cambridge, Ms. Teahan of Whitman, Ms. Malia of Boston, Mr. Kocot of Northampton, Mr. Walsh of Boston, Ms. Haddad of Somerset, Ms. Story of Amherst, Mr. Goguen of Fitchburg, Mr. Demakis of Boston, Ms. Jehlen of Somerville, Ms. L’Italien of Andover, Mr. Patrick of Falmouth, Ms. Spilka of Ashland, Mr. Smizik of Brookline, Mr. Eldridge of Acton, Mr. Marzilli of Arlington, Mr. Donato of Medford, Mr. Festa of Melrose, Mr. Linsky of Natick, Ms. Balser of Newton, Mr. Rush of Boston, Mr. Pignatelli of Lenox, Ms. Rivera of Springfield, Mr. Scibak of South Hadley, Ms. Wolf of Cambridge, Ms. Paulsen of Belmont, Mr. Howland of Freetown, Ms. Blumer of Framingham, Mr. Hynes of Marshfield, Mr. Verga of Gloucester, Mr. Donelan of Orange, Ms. Gomes of Harwich, Mr. Cabral of New Bedford, Ms. Khan of Newton, Ms. Owens-Hicks of Boston, Ms. Grant of Beverly, Ms. Peisch of Wellesley, Mr. Sanchez of Boston, Mr. Rushing of Boston, Mr. Connolly of Everett, Mr. Falzone of Saugus, Mr. LeDuc of Marlborough, Mr. Lantigua of Lawrence, Ms. Atkins of Concord move that the bill be amended in section 2 by striking out item 4590-0300 and inserting in place thereof the following item:

“4590-0300  For youth smoking prevention and tobacco control programs, including enforcement of illegal sales to children laws by local boards of health and coordinated treatment resources including the Tobacco Free Helpline and QuitWorks; provided, that no funds shall be expended in the AA subsidiary, so-called, for any personnel-related costs, and provided further that, notwithstanding the provisions of Ch. 29D of the general laws or the provisions of any other general or special law to the contrary, funds may be expended from the Health Care Security Trust for the purposes of this item .................……………………………….......... $14,000,000”;

and by inserting after said item the following:

“Health Care Security Trust ................................... 100%”.

CLERK NUMBER: 985

Mr. Hynes of Marshfield moves that the bill be amended in section 2, in item 1102-3205, by striking out the figure “$5,500,000” and inserting in place thereof the figure “$5,404,515”; and in item 2300-0101, by striking out the figure “$304,395” and inserting in place thereof the figure “$399,880”.

CLERK NUMBER: 986

Ms. Pope of Wayland, Mr. Jones of North Reading, Mr. Coppola of Foxborough, Ms. Rogeness of Longmeadow, Ms. Atkins of Concord, Mr.Carron of Southbridge, and Ms. L’Italien of Andover, move that the bill be amended by adding at the end thereof the following section(s):

Section________.  Section 57 of Chapter 59 of the General Laws, as most recently amended by section 52 of the Acts of 2003, is hereby amended by striking out the last sentence of the first paragraph and inserting in place thereof the following new sentence: "A real estate tax bill sent out for fiscal year 2006 or any subsequent period pursuant to this section shall contain a statement that there exists a delinquency if any tax, betterment assessment or apportionment thereof, water rater, annual sewer use, or other charge which may constitute a lien is overdue more than 90 days".

CLERK NUMBER: 987

Mr.  Petrolati of Ludlow moves to amend the bill in section 2 in item 4190-0100 by striking the amount “$16,278,929” and inserting in place thereof the following:—

         $16,598,929

and in said section in item 1599-1971 by striking out the amount “$20,000,000” and inserting in place thereof the following:—         19,680,000

CLERK NUMBER: 988

Representatives Demakis of Boston, Linsky of Natick, Blumer of Framingham, Falzone of Saugus, Toomey of Cambridge, Eldridge of Acton, Petersen of Marblehead, Gobi of Spencer, L’Italien of Andover, Paulsen of Belmont, Knuuttila of Gardner, Khan of Newton, Festa of Melrose, Rivera of Springfield, Rush of Boston, and Smizik of Brookline move that the bill be amended in section 76, by striking subparagraphs “i” and “ii”.

CLERK NUMBER: 989

Mr. Fagan of Taunton moves that the bill be amended in section 2, by inserting after item 1102-3231 the following new item:-

1102-3299       For additional renovations to the third floor of the Cohannet School building in the City of Taunton to ensure that the temporary court facility to be housed in said building will be adequate for the court’s business and to ensure said facility will be in full compliance with public health and safety standards…………..$1,500,000;

And further moves that the bill be amended in said section2, in item 0411-1000, by striking out the figure “5,135,418” and inserting in place thereof the figure “4,385,418”;

And further moves that the bill be amended in said section 2, in item 1100-1100, by striking out the figure “3,297,608” and inserting in place thereof the figure “2,547,608”.

CLERK NUMBER: 990

Representatives Demakis of Boston, Linsky of Natick, Blumer of Framingham, Falzone of Saugus, Toomey of Cambridge, Spiliotis of Peabody, Eldridge of Acton, Petersen of Marblehead, Gobi of Spencer, L’Italien of Andover, Paulsen of Belmont, Knuuttila of Gardner, Khan of Newton, Festa of Melrose, Rivera of Springfield, Rush of Boston, Smizik of Brookline, and Straus of Mattapoisett move that the bill be amended in section 2, in item 9110-1455, by adding at the end thereof the following:

“provided further that the annual enrollment period shall be not less than 1 month with a 60-day advance notification period and at any time within a year of reaching age 65; provided further that the program shall pay the costs of all prescription drugs for a single enrollee whose out-of-pocket expenditures on prescription drugs exceeds the lesser of (a) 10 per cent of such enrollee's gross annual household income; or (b) $2,000 in out-of-pocket expenditures made by an enrollee for co-payments and deductibles in the current fiscal year; and provided further that the program shall pay the costs of all prescription drugs for a married enrollee whose out-of-pocket expenditures on prescription drugs exceeds the lesser of (a) 10 per cent of such enrollee's gross annual household income; or (b) $3,000 in out-of-pocket expenditures made by an enrollee for co-payments and deductibles in the current fiscal year.”.

CLERK NUMBER: 991

Representative Steven Walsh Of Lynn move that the bill be amended in section 2, in item 2260-8870, by adding at the end thereof the following:

“; provided further, that no less than $90,000 shall be provided for Brownfield redevelopment in the City of Lynn ”.

CLERK NUMBER: 992

Representative Steven Walsh Of Lynn move that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:

“provided further, that not less than $100,000 shall be expended for the Link House, Inc., in the town of Salisbury for purposes of establishing transitional housing for women in recovery from substance abuse”.

CLERK NUMBER: 993

Representative Steven Walsh Of Lynn move that the bill be amended in section 2, in item 8000-0010, by adding at the end thereof the following:

“;provided further that $277,815 shall be provided for community policing in Lynn; provided further, that $71,250 shall be provided for the Lynn Safe City Program”.

CLERK NUMBER: 994

Representative Steven Walsh Of Lynn move that the bill be amended in section 2, in item 8000-0010, by adding at the end thereof the following:

“;provided further, that $61,750 shall be provided for community policing in Nahant”.

CLERK NUMBER: 995

Representatives Steven Walsh of Lynn, Garrett Bradley of Hingham, Martin Walsh of Boston,  Eugene O’Flaherty of Chelsea, Robert Coughlin of Dedham, Robert Fennell of Lynn, Vincent Ciampa of Somerville, Barbara L’Italien of Andover, Christopher Fallon of Malden, Timothy Toomey of Cambridge, Kathi-Anne Reinstein of Revere, Michael Festa of Melrose, Anthony Petruccelli of Boston, Brian Wallace of Boston and Robert DeLeo of Winthrop  move that the bill be amended by adding at the end thereof the following section(s):

Section _______. (a) There is hereby established a special commission to study the impact and effects of OxyContin use on youth in Massachusetts . The commission shall consist of three members appointed by the Speaker of the House, including the House Chair of the Joint Committee on Health Care, three members appointed by the Senate President including the Senate Chair of the Joint Committee on Health Care, the Commissioner of the Department of Mental Health (DMH), the Commissioner of the Department of Public Health Drug Control Program and three members of the medical community with specialty experience in prescription drug regulations and abuse. Said commission shall submit a report, including legislative recommendations, if any, to the Joint Committee on Health Care and the House and Senate committees on Ways and Means by June 15, 2005 .

(b) It is hereby required that physicians must certify that a prescription for OxyContin is medically necessary for purposes of prescription drug dispensing and/or coverage and provide a diagnosis. In addition, pharmacists must keep a copy of that certification on file, along with a photocopy of the recipient’s photo identification. 

CLERK NUMBER: 996

Representative Steven Walsh Of Lynn move that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:

“; provided further, that no less than $60,000 shall be provided to Project COPE, Inc. in Lynn for the prevention and education of the problems associated with OxyContin and Heroine use.”.

CLERK NUMBER: 997

Representatives Steven Walsh of Lynn, Mark Falzone of Saugus and Douglas Petersen of Marblehead move that the bill be amended in section 2, in item 4430-2119, by striking out the figures “5,063,317 ” and inserting in place thereof the figures “6,063,317”; and in item 4400-1000, by striking out the figures “116,381,295” and inserting in place thereof the figures “115,381,295”.

CLERK NUMBER: 998

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

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

CLERK NUMBER: 999

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

SECTION   .    There shall be a house and senate working group to develop legislation and propose regulations to change the current tuition financing system for charter schools.  The working group shall include the president of the senate or his designee, the speaker of the house or his designee, the senate and house chairs of the joint committee on education, arts, and humanities, the chairs of the house and senate committees on ways and means and the minority leaders of the house and senate, or their designees.  The working group will make recommendations on how the existing financing system can be improved in order to make the funds sent to charter schools from state and local sources more closely aligned with the funds that would be expended on the education of the charter students if they were educated in the sending districts from which they are drawn. The working group will also examine the relationship between charter funding and state education funding under the provisions of Chapter 70 of the M.G.L. and work to make their recommendations for changes in charter school funding consistent with the principles, objectives, and formulas embodied in the funding formula under Chapter 70.  The proposed legislation shall require funding to be reflective of the grade level, program participation, and demographic profile of the actual students enrolled in charter schools.  In conducting its work the group shall compile data which compares the demographic profile and educational needs that characterize charter school students with those which characterize students in the districts from which they are sent. In conducting their work the commission will be expected to solicit expert and technical advice from the department of education, as well as associations representing superintendents, school budget officers, municipal officials, and charter schools.   The working group will file a report, in support of its proposed legislation and regulatory changes, along with any proposed legislation necessary to carry out said recommendations with the joint committee on education, arts, and humanities by November 30, 2004

CLERK NUMBER: 1000

Representative Keenan of Southwick  moves that the bill be amended by adding at the end thereof the following section:

SECTION      .  Section 17 of Chapter 176H of the General Laws, in the 2002 Official Edition, is hereby amended by inserting the following sentences at the end thereof:-

              “Individuals exclusively selling legal service plans under this chapter shall be required to only pass a legal services examination administered by a company registered with the Commissioner under chapter 176H; provided that said examination shall be approved by the Commissioner.  ‘Legal services examination’ for purposes of this section shall mean an examination which solely tests an applicant’s knowledge of legal service plans and consumer protection laws regarding legal service plans.”

This page was last updated on Thursday, April 22, 2004 2:50 PM